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July 25, 2000 Agenda
AGENDA Aaenda No _ ~,l)enda Item, CITY OF DENTON CITY COLrNCIL Date_ July 25, 2000 After detemmmg ~at a quorum ~s present ~d convemng ~n ~ Open Meeting, the C~ty Co~ml of the C~ty of Denton, Texas will convene ~n a Closed Meeting on Tuesday, July 25, 2000 at 5 15 p m ~n t~e C~W of Denton Co~ml Work Session Room, Denton C~ty Hall, at 215 East McKl~ey, Denton, Texas to consider specffic ~tems when ~ese ~tems ~e hsted below ~der ~e Closed Meeting section of th~s agenda ~en ~tems for consideration ~e not hsted ~der ~e Closed ~et~ng section of the agenda, the C~ty Co~ml wdl not conduct a Closed Meeting at 5 15 p m [~d will convene at ~e t~me hsted below for ~ts regul~ or specml called meeting The C~ty Co~cfl rescues ~e right to adjoin ~nto a Closed Meeting on ~y ~tem on ~ts Open Meeting agenda cons~stem w~ Chapter 551 of~e Texas Gove~ent Code, as mended, ~ set fo~h below 1 Closed Meeting [**Before ~e Denton C~W Co~cd may dehberate, vote, or t~e final action on each of the agenda ~tems posted as a competitive matter ~n a Closed Meeting ~der ~e prows~ons of TEX GOV'T CODE Section 551 086(c), ~e C~ty Co~cfl must first m~e a good fm~ dete~nat~on, by majority vote of ~ts members, ~at the p~mul~ agenda ~tem ~s a competitive matter that satisfies the reqmrements of Section 551 086(b)(3) The vote sh~l be ~en d~ng the Closed Meeting ~d shall be mcluded ~n ~e cemfied agenda of the Closed Meeting If · e C~W Council fmls to detemme by a majority vote ~at ~e p~mul~ agenda ~tem satisfies the reqmremems of Section 551 086(b)(3), the C~ty Co~cd may not dehberate or t~e ~y ~her actmn on that agenda ~tem ~n ~e Closed Meeting ] A, Dehberat~ons Reg~dmg Re~ Prope~y --- Under TEX GOV'T CODE Section 551 072 Dehberat~ons Regmd~ng Ce~mn Pubhc Power Utd~t~es Competmve Matters --- Under TEX OOV'T CODE Section 551 086 ** ' (1) Receive mfomat~on ~om S~f, d~scuss, dehberate, consider, ~d prowde St~ w~th d~rection pe~mmng to ~e locat~on of, ~e p~chase price of, negotmtlng ~ssues, ~d v~uat~on ~ssues respecting the possible acqmslt~on by ~e City of Denton M~m~pal Utilities Dep~ment of ~ apprommate 3 13 acre ~act of l~d s~tuated ~n ~e S A Venters S~ey, Abs~act No 1315, ~d being mtuated ~n p~ ora res~ey of a called 20 442 acre ~act of l~d described ~n the Deed from Western Place, Inc to G Hopkins, as recorded m ~e Deed Records of Denton County, Texas, at Volme 829, Page 474, ~d whmh tract ~s located ne~ the Sou~west comer of ~e ~ntersect~on of H~cko~ Creek Road ~d FM 2181, ~n Denton County, ' Texas, which acqmslt~on ~s for a pubhc p~ose B Consultation w~ Attorney - Under TE~S GOV'T CODE Section 551 071 (1) Consider ~nma~ng htlgm~on ~d d~scuss possible se~lement of such potentml Imgat~on concemmg two slgnbo~ds no~ of the ~ntersect~on of Loop 288 ~d Colorado Boulev~d, w~n the right-of-way of ~e Denton Brach Rml Trml, ~d cons~t w~th attorneys on a maker ~n whmh the e~mal duties of ~e attorneys under ~e Texas Dmmphn~ Rules of Professaon~ Conduct of ~e State B~ of Texas cle~ly reqmre such a consultation to be closed to ~e pubhc ~der ~e mrcmst~ces presented City of Dqmon City Council Agenda July 25, 2000 Page 2 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071- 551 086 OF THE TEXAS OPEN MEETINGS ACT Specml Called Session of the C~ty of Denton City Council on Tuesday, July 25, 2000 at 6 00 p m in the Council Chambers at City Hall, 215 E McKlrmey Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegmnce to thee, Texas, one and ~n&v~s~ble" 2 Consider approval of the m~nutes of May 23, May 31, June 5, June 6, June 13, June 20, June 22, June 27, and July 14, 2000 PROCLAMATIONS/PRESENTATIONS 3 Proclamations A Alternative Transportation Day B Tnmty Presbyterian Church Day CITIZEN REPORTS 4 Receive a report from Sharon Gfllum regarding a commercial bus~ness on agriculturally zoned land 5 Receive a report from Dmmand Jamal regarding B~zplex 6 Receive a report from Dessle Goodson regarding city transportation and other ~ssues CONSENT AGENDA Each of these ~tems ~s recommended by the Staff and approval thereof will be strictly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or his designee to ~mplement each ~tem ~n accordance w~th the Staff recommendations City of Denton C~ty Council Agenda July 25, 2000 Page 3 The City Council has received background reformation 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 for payment under the Consent Agenda (Agenda Items 7-20) This hstmg is provided on the Consent Agenda to allow Council Members to discuss or w~thdraw an ~tem prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 7-20 below will be approved w~th one motion If items are pulled for separate discussion, they will be considered as the first items under "Items for Indlwdual Consideration" 7 Consider approval of a resolution of the City of Denton, Texas designating certmn officials as being responsible for, acting for, and on behalf of the City in dealing with Texas Parks and Wfldhfe Department for the purpose of participating in the Texas Recreation & Parks Account Grant Program, certifying that the City Is ehglble to receive program assistance, certifying that the City's matching share ~s readily available, and dedicating the proposed s~te for permanent public park and recreational uses 8 Consider approval of a resolution adopting the Parks and Recreation Plan of the City of Denton, and prowdlng an effective date 9 Consader approval of a resolution of the C~ty of Denton, Texas authorizing the acceptance by the City of Denton ora grant from the Texas Department of Transportation relating to a Municipal Airport Master Plan, and prowd~ng an effective date 10 Consider adoption of an ordinance accepting competitive b~ds and awarding a pubhc works contract for the construction of paving and dra~mng ~mprovements on Wfllowwood Street, providing for the expenditure of funds therefore, and providing an effective date (B~d 2520 - Wfllowwood Paving and Drainage awarded to Jagoe Public Company ~n the amount of $851,274 21) 11 Consider adoption of an ordinance accepting competitive bids and awarding a pubhc works contract for Phase III of the Evers Park baseball field ~mprovements, providing for the expenditure of funds therefore, and providing an effective date (Bid 2507 - Evers Park Baseball F~elds - Phase III awarded to Jones and Jeffrey, Inc in the amount of $253,130 ancludlng Alternates 1 and 4) 12 Consider adoption of an ordinance accepting competitive b~ds and awarding a public works contract for the construction of Soccer Field L~ght~ng Improvements, providing for the expenditure of funds therefore, and prowdlng an effective date (Bid 2518 -North Lakes Park Soccer Fields L~ghtlng Improvements awarded to the lowest bidder, Groves Electric, Inc ~n the amount of $152,900 lnclud~ng Alternate l) 13 Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved retmned earnings of the Water Fund with Certificates of Obhgatlon for Solid Waste Landfill construction, and providing an effeetave date 14 Consider adoption of an ordinance accepting competitive b~ds and awarding a pubhc works contract for the Construction of Landfill Cells - Phase II, prowdmg for the Ctty of D6nton Ctty Cotmc~l Agenda July 25, 2~)00 Page 4 expenditure of funds therefore, and prowdlng an effective date (B~d 2521 - Construetton of Landfill Cells - Phase II awarded to Handex Construction Servtces in the amount of $2,247,865 38) 15 Constder adoption of an ordinance accepting competmve b~ds and awarding an annual contract for the supply of traffic signal control cabinets, prowdmg for the expenditure of funds therefore, and provtdmg for an effective date (B~d 2517 - Annual Contract for Traffic Signal Control Cabinets awarded to Paradigm Traffic Systems in the estimated amount of $58,176) 16 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of truck bed and bodtes, and promdtng for the expenditure of funds therefore, and prowdlng an effecttve date (Bid 2534 - Truck Bed and Bodies awarded as hsted below tn a total amount of $20,522) 17 C0nslder adoption of an ordinance accepting competitive bids and awarding a contract for the ~nstallatton of an automated lrngat~on system at the Service Center, providing for the expenditure of funds therefore, and provtdmg an effective date (Btd 2535 - Service Center Imgatmn awarded to Professmnal A-1 Spnnkler Servme ~n the amount of $20,500) 18 Constder adoptton of an ordtnance awarding a contract for the purchase of fiber optic cable as awarded by the State of Texas General Servmes Commission, prowd~ng for the e~pend~ture of funds therefore, and prowd~ng an effective date (PO 06167 to FMS T~chnologles, Inc m the amount of$116,475) 19 Constder adoption of an ordinance amending Orthnance No 99-322 adopUng the 1999- 2000 Budget and Annual Program of Services to ~ncrease the 1999-2000 Fleet Services budget m the amoum of one hundred and mghty-e~ght thousand rune hundred and ten dollars due to an unantm~pated ~ncrease m the cost of fuel, prowd~ng for pubhcat~on and fihng w~th the county clerk, and prowdlng an effective date 20 Consider adoption of an ordinance authonmng the C~ty Manager or his designee, to execute an agreement for personal servmes with Roger Wdk~nson to provtde real property acqmsmon services and support for the Ponder Elecmc Substation ProJect, authorizing the expenditure of funds therefore, and prowd~ng an effective date PUBLIC HEARINGS 21 Hold a pubhc hearing and consider approwng a Zomng Plan, to rezone 3901 Pockrus Page Road from an Agriculture (AG) zomng d~stnct to a Planned Development (PD) zoning dtstr~ct The 20 1-acre property ts generally located on the north s~de of Pockrus Page Road, east of Interstate 35 East A slngle-famdy subd~ws~on w~th open spaces ~s proposed The Plannmg and Zoning Commission recommends demal (4-2) (ZP-00-002, D~amond Radge Estates) 22 Hold a pubhc heanng and consider approving a Detailed Plan for a Planned Development (pD-174) zomng dtsmct The 378 1-acre property ~s generally located south of Johnson City of D~nton C~ty Council Agenda July 25, 2900 Page 5 Lane, between John Paine Road and Fort Worth Drive A single-family subdivision w~th open spaces is proposed The Planning and Zoning Commission recommends approval with condmons (4-1) (Z-99-100, Country Lakes North, formerly Willow Lakes North) 23 Hold a public hearing and consider approving a Zomng Plan to rezone approximately 30 acres from a Planned Development (PD-84) and Agriculture (A) zoning dlsmcts to a L~ght Industrial (LI) zomng district The property ~s located west of Masch Branch Road approximately 600 feet south of Umvers~ty Drive A light Industrial park is proposed The Planning and Zoning Commission recommends approval with condmons (5-1) (ZP- 00-006, A~rport Industrial Park) ITEMS FOR INDIVII)UAL CONSIDERATION 24 C0ns~der approval of a resolution approving the Fiscal Year 2001 Budget of the Denco Area 9-1-1 D~stnct, pursuant to Tex Health & Safety Code §772 309, and providing an effective date 25 Consider approving a Project Plan for 1 73 acres located on the east side of Teasley Lane approximately 700 feet south of H~ckory Creek Road A chddcare center of approximately 14,000 square feet with associated s~te improvements xs proposed (SP- 00-010, Chddren Lighthouse Chfldcare Center) 26 Consider an appeal to the Planning and Development Director's determination of regulations applied to Planned Development-86 (PD-86) for the W~ndsor Ridge Estates, Phase I, zero lot line coverage The Planning and Zoning Commission recommends demal (4 -3) (SI-00-014, Appeal Determination) 27 Woolaver Addition The 3 479-acre s~te is located on the north side of Audra Lane generally between Old North Road and Loop 288 It is in an Agricultural-zomng district A smgle-famdy residence xs proposed a Consider an exaction variance from Section 34-114(17) of the Code of Ordinances, concerning sidewalks The Planmng and Zoning Commission recommends dental (3-2) (V-00-006A, Woolaver Addition) b Consider an exaction variance from Section 34-114(5) of the Code of Ordinances, concerning perimeter pawng The Planning and Zoning Commission recommends denial (3-2) (V-00-006B, Woolaver Adda~on) 28 Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance 2000-046, for a 31 4 acre parcel north of Audra Lane and west of Mockingbird The property is ~n a Planned Development (PD-127) zoning district An amended Detailed Plan ~s proposed reducing the total number of slngle-famdy residential lots from 136 to 127 (RR-00-017, Bellmre North Addltmn) 29 Consider nominat~ons/appomtments to the City's Boards and Commissions 30 New Business Th~s item provides a section for Councd Members to suggest ~tems for future agendas C~ty of Denton C~ty Council Agenda July 25, 2000 Page 6 31 Items from the C~ty Manager A Notification of upcoming meetings and/or conferences B Clarification of ~tems on the agenda 32 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 33 Officml Action on Closed Meeting item(s) under Sections 551 071o551 086 of the Texas Open Meetings Act Following the completaon of the Specml Called Session, the Cotmcfl will convene ~nto a Work Session to constder the following 1 Receive a report, hold a dlscusmon, and give staff d~rect~on involving the City Employee Health Plan 2 Receive a report, hold a d~scusston, and g~ve staff d~rectlon regarding proposed procedural changes to be ~mplemented by the C~ty Development Rewew Committee (DRC) 3 Receive d~rect~on from Cotmcfl regarding the proposed date for the Development Code Rewew Session CERTIFICATE I cemfy that the above not,ce of meeting was posted on the bulletin board at the C~ty Hall of the C~ty of Denton, Texas, on the day of ,2000 o'clock (a m ) (pm) 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 CITY OF DENTON CITY COUNCIL MINUTES al)enda It?,_~, ' May 23, 2000 Oat,-- 7/~'~/ After determmang that a quorum was present and convening ~n an Open Meeting, the C~ty Council cgnvened an a Closed Meeting on Tuesday, May 23, 2000 at 5 15 p m in the Caty of Denton cquncfl Work Sessaon Room PRESENI' Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Closed Meeting A Dehberat~ons Regarding Certmn Pubhc Power Utfl~tms Competatlve Matters --- Under TEX GOV'T CODE Sectaon 551 086 ** Dehberataons Concermng Real Property -~- Under TEX GOV'T CODE Section 551 072 (1) Received mformat~on fxom Staff, chscussed, dehberated, considered, and provaded Staff w~th dlreetaon respecting the valuation of, and the possible sale, transfer, assignment, or other d~vestlture of real property perta~mng to the Caty of Denton's electric utility system, including, wathout hmgaUon the G~bbons Creek generataon famhty located ~n Grimes County, Texas, the Spencer generataon facflaty located on Spencer Road in Denton County, Texas, the two hydroelectric famhtles located an Denton County, Texas, and other components of the Caty's electric generataon assets B Dehberat~ons Regarding Certain Pubhc Power Utflat~es Competltave Matters --- Under TEX GOV'T CODE Sectaon 551 086 ** Consultataon Wath Attorney --- Under TEX GOV'T CODE Sectaon 551 071 (1) Received reformation from Staff respecting competmve electric certfficatlon and regulatory ~ssues ~n pending proceedings, and assues relatang to Denton Mummpal Electric ("DME") regulatory strategy, daseussed, deliberated, eonsadered, and provaded Staff w~th darectmn on such msues Conducted a consultataon w~th the Caty's attorneys an order to obtain the advme and recommendataons of the Caty's attorneys eoncermng the above-referenced issues, where to d~scuss such msues and matters an a pubhc meeting would conflmt wath the attorneys' dutms and professional responslbflmes to thear chent under the Texas D~sc~phnary Rules of Professional Conduct C Dehberatlons Regarding Real Property - Under TEX GOV'T CODE Sectaon 551 072 (1) Considered real property acqms~Uon including real property value for U S H~ghway 77 (North Elm Street) from U S Haghway 380 (Umversaty Drive) northward to Interstate Highway 35, m the City of Denton, Texas C~ty of Denton City Council M~nutes May 23, 2000 Page 2 Work Session of the City of Denton City Council on May 23, 2000 at 6 00 p m ~n the Work Session Room at City Hall PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, Krlstoferson and Young ABSENT None 1 The Council received a presentation from D~versffied Utility Consultants, Inc regarding Electric Utility Rate Design Dan Lawton, Diversified Utility Consultants, Inc, reviewed the dermis of the rate design study as presented m the agenda materials Items to consider when desigmng a utdity rate included determlmng how the City would charge for the services, what the competitors were charging, and what the residential customers were hke 2 The Council received a report, held a discussion, and gave staff d~rectlon regarding the third in a senes of reports prepared in response to the Teasley Lane Comdor Traffic Study (The first two Council discussions held regarding this topic took place on February 8, 2000 and April 11, 2O0O ) Danny Cummings, C & P Engmeenng, reviewed the revised lnformatmn from the study as noted m the agenda materials Suggestmns included permanent count stations along the Teasley Lane corridor and cost estimates for the various sections of right-of-way acquisit~on Jerry Clark, Director of Engineenng and Transportation, reviewed the details of the meeting staff had with the property owners and developers within the Teasley Lane Corndor Traffic Study Area He narrated a video showing traffic congestion in various locatmns of the City Dave Hill, Assistant City Manager for Development Services, rewewed proposed conclusions to the issues relative to the impacts of new development on the Teasley Lane Comdor Those conclusions ~ncluded the development of a funding strategy to expedite the w~denlng of Teasley Lane from two to SlX lanes, the development of a funding strategy to ensure that roadways feeding Into Teasley Lane were of adequate capacity to handle projected travel demand, prepanng an amendment to the Denton Mobility Plan-Roadway Component that would propose adding a collector street connection to State School Road from Ranchman Street, considenng an adequate public faeihties ordinance to establish transportation concurrency pnnclples that would better match roadway capamty to travel demand plus evaluating other measures such as transportation ~mpact fees as possible impact mtugatlon options, ~nstalhng permanent traffic counters at strategic locations throughout the Teasley Study Area to allow constant momtonng and measurement of traffic volumes, Implementing two phases of levels of service standards - one for use dunng an interim penod when roadway improvements had not reached the point of full mobility plan capacity and an acceptable standard of level of serwce D once the full Moblhty Plan capacity was reached, and evaluating the central location of community activity centers within the Teasley Lane area Herb Pr{uty, City Attorney, rewewed the vested rights statutes and how they would apply to an adequate public facilities ordinance City of D0nton City Council Minutes May 23, 2000 Page 3 Consensus of the Council was to have the Legal Department continue to explore the legal options in the area of vested rights as they applied to an adequate public facilities ordinance 3 The Council received a report, held a discussion, and gave staff direction regarding the proposed "Arena Site" located west of Sherman Dr approximately 3,600' north of Loop 288 Dave Hill, Assistant City Manager for Development Services, stated that at the first public heanng on this annexation, the developers had requested that the annexataon be delayed and that they have an opportunity to discuss their development proposal in detail at a work session meeting Don Hill, representing the project, revaewed the basacs of the proposal The site would include a conference center, s~ngle-famfly homes, golf course, horse arena and hotel Additional comments on the proposal were made by members of the development team Council chscuased the various asp~ts of a County Development District as it dealt with the proposal plus a possxble amendment of the Denton Comprehensive Plan Consensus of the Council was to proceed with additional input regarding the legal aspects of the proposal and return for Council consideration 4 The Council received a report, held a discussion, and gave staff direction regarding the proposed preparation and enactment of a Site Design Standards and Environmental Standards Overlay Ordinance John Fragonese presented the detmls of the site design standards and environmental protection and management standards that were proposed to replace the Interim Ordinances The intention was to adopt the Sxte Design and Environmental Protection and Management Standards as a set of overlay regulations to operate ~n conjunction with existing regulations The site design and environmentally sensitive area standards, combined with adequate public facilities requirements, would replace the interim ordinance currently m effect Issues to consider were property owner notification, applicability, process and procedure, and matching codes to relate to current zoning chstncts Council d~seussed the various aspects of the standards including landscape and tree canopy standards, single family design standards, and multi-family design standards, 5 The Council received a report, held a d~scussion, and gave staff direction regarding proposed development of mineral rights located on the Denton Municipal Airport Mark Nelson, Airport Director, stated that Mitchell Energy Corporation had located a formation of natural gas and believed that tins formation was present under the southwestern part of Denton County They had requested that the City consxder entenng into an agreement to sell the natural gas rights to Mitchell Energy Preliminary research indicated that this would not violate any local zomng restrictions, however, the drilling equipment might be a flight safety hazard for approximately two weeks Once that was completed, there would be no height restrictions at the Airport Mitchell Energy would be reqmred to drill one well every 18 months until all five of the C~ty of Denton C~ty Council M~nutes May 23, 2000 Page 4 proposed wells were drilled M~tchell Energy had offered a one-time payment of $50 per acre for the right to develop A~rport mineral rights to be paid at the time each well was drilled The C~ty would receive three-s~xteenths of the royalties on the production of the wells Over the 20- year life of the wells, the City could see revenues between $1 million and $1 6 million If~t was determined that ~t would be profitable for the overall operations of the Airport and C~ty, staff would begm formal negntlat~ons on a long-term agreement Consensus of the Council was to continue research to explore safety issues for the A~rport and cost alternatives 6 The Council received a report, held a dlacuss~on, and gave staff d~rectlon concermng the placement of a 200-font buoy protection barrier for the C~ty of Denton's raw water retake located on Lake Lew~swlle Juhe Smith, Environmental Comphance Manager, stated that the City had arranged with both the Texas Natural Resources Conservation Comm~ssmn and the U S Army Corps of Engineers to enforce a 200-foot bamer around the C~ty's intake at Lake Lewlsvflle Because of unusually Iow lake levels, this barrier would effectively close the cove to boat traffic Consensus of the Council was to proceed with the project 7 The Council considered appointments to C~ty Council committees Consensus of the Council was to look at the entire structure of the CoUllCll committees ~ncludlng the enabling legislation for the committees, the number of members for each committee, ere The ~tem would be placed on the next work session agenda for consideration 8 The Council received a report, held a discussion, and gave staff d~rection regarding a paperless agenda This ~tem was not considered 9 The Council received a report and held a d~scuss~on on the relocation of the County Line Road Bridge to Fred Moore Park Howard Martin, Assistant C~ty Manager for Utilities, stated that the County was not going to close the road early as was stated per J~m Carter at Commissioners Court A new bridge was going to be installed in approximately 2001 Issues with residents along County Line Road and the meonvemence that the extended road closure would cause were cited as the reasons that the County would not be able to close the road early One question was the suitability ofth~s bridge in the park While there was consensus that there was a need for a bridge, there were some comments from residents m the area that the proposed bridge would look out of place at the Fred Moore Park location The Parks Department had programmed $250,000 for Trails and Linkages m the CIP' for 2001, w~th part of those funds allocated for a path in Fred Moore Park If desired, some of the funds could be allocated for a new pedestrian bridge at Fred Moore Park Mayor Pro Tern Beasley suggested a neighborhood meeting to discuss what type of bridge area residents would bke m the park City of Denton City Councll Minutes May 23, 2000 Page 5 Martin stated that the Parks Department would assist in finding a more suitable locaUon for the County Lane Bridge ~f a new bridge option was selected Council felt there was a need for abndge m the area as soon as possible and a h~stonc bridge might be a problem at this time Councd asked staff to lnvestagate the possibility of using CIP funds for a new pedestrian bridge at Fred Moore Park 10 The Cotmml received a report, held a dlscussaon, and gave staff direction concermng a sales tax exemptaon sought by the Robson Development that would exempt state tax on all tangable property used to construct the Robson wastewater treatment plant Howard Martin, Assistant City Manager for UtdlUes, stated that Robson was asking the Caty to execute an Infrastructure Sales Tax Agreement m order to achieve the sales tax exemptmn on plant eqmpment Robson would agree to andemmfy the Caty agmnst all hablhtles associated with the City facfl~taUng the sales tax exemption by acceptance of the purchased equipment prior to installation and operation It was the opinion of staff that the proposed sales tax exemption proposed by Robson was lawful and represented an agreement that could be recommended w~th rmmmal nak to the Caty ff revised m form to anclude the comments promded in Exlub~t II as included an the agenda materials and subject to the Council's consaderat~on of all other relevant pohtmal, administrative and/or fiscal issues Consensus of the Council was to proceed wath the proposal Following the completion of the Work Session, the Council convened into a Special Called Sessaon 1 The Council held the second of two pubhc heanngs to consider the proposed involuntary annexation of appwxlmately 250 acres generally located west of Sherman Dr approxamately 3,600' north of Loop 288 m the extratemtonal jurisdiction of the City of Denton, Texas The zoning at the Ume of the annexation would be Agricultural (A) (A-99, Sherman Road Arena Site) Doug Powell, Director of Planmng and Development, stated that th~s was the second public heanng ou this ~ssue Staff recommended to proceed w~th the pubhc heanng and the annexation The Mayor opened the pubhc heanng The following mchwduals submitted Speaker Cards Robert Goodman, 1042 Bobcat, Sanger, 76266 - opposed Kay Wdhams Goodman, 1042 Bobcat, Sanger, 76266 - opposed The Mayor closed the pubhc heanng Consensus of the Counml was to proceed with the annexatmn City of Denton City Cotmcfl Minutes May 23, 2000 Page 6 2 The Council considered a motion to authorize the holding of a C~ty Council meeting outside of C~ty Hall Beasley motioned, Burroughs seconded to authorize the holding of a City Council meeting outside of C~ty Hall for a joint meeting w~th the Denton ISD On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion camed unammously W~th no further business, the meeting was adjourned at 12 20 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 31, 2000 Joint Meeting of the C~ty of Denton Ctty Council and the Denton Independent School D~stnct Board of Trustees on Wednesday, May 31, 2000 at 12 noon m the Board Room at the DISD Central Services Budding, 1307 N Locust PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs and Durrance ABSENT Council Members Cochran, Knstoferson and Young 1 Call to order, announce quorum Mayor Brock called the meeting to order and stated that a quorum of the Council was present 2 The Council received a report and held a chscuss~on regarding Denton ISD Achievement The DISD indicated that the TAAS scores were not as good as they expected in the lower grades The DISD was cons~denng increasing the tutonng programs for the students who d~d not do well on the TAAS test The test scores for the students at all of the schools were rewewed Mayor Brock stated that everyone needed to work together to make the schools a primary focus to get people to move to Denton The quality of schools in Denton could be used as an economm tool 3 The Councd received an update and held a discussion regarding the Natatonum Jmnt ProJect Ed Hodney, D~rector of Parks and Recreation, presented the scope and objectives for the aquatic center 4 The Council received an update and held a discussion regarding the McMath Track Don Swafford, DISD, presented an update on the McMath Track The DISD was going to be responsible for the development of the track as ~t would be too costly for both the C~ty or DISD to do together The proposed track would not be a competitive track as ~t would not be long enough to be on a competitive level 5 The Council received an update and held a d~scuss~on regarding Residential and Commercial Development Dave Hill, Assxstant C~ty Manager for Development Servmes, rewewed the current monthly plannmg report Projects under consideration were the Development Code rewrite, the "arena" development project, and the Robson development City of Denton City Council Minutes May 31, 2000 Page 2 6 The Council received an update and held a d~scusslon regarding 2000-2001 Denton lSD Issues The DISD indicated that issues relative to the 2000-2001 Denton ISD included student achievement, budget, continued growth and the legislative agenda With no further business, the meeting was adjourned at 1 30 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON Board and Commission Briefing Monday, June 5, 2000 An ~nformat~onal briefing was held on Monday, June 5, 2000 regarding the City's Boards and Commissions As there was not a quorum of Council present, mlnntes were not taken JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 6, 2000 After determlmng that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, June 6, 2000 at 5 15 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Durrance, Knstoferson and Young ABSENT' Council Member Cochran Closed Meeting A Deliberations Regarding Real Property - Under TEX GOV'T CODE Section 551 072 1 Received ~nfonnatlon from Staff, d~scussed, deliberated, considered, and provided Staff with advice and direction pertmmng to the location of, the purchase pnce of, the possible terms of purchase of, negotiating issues, and valuation ~ssues respecting the possible acqmsltlon by the City of Denton of two (2) tracts of real property, comprising 32 acres, both tracts being sxtuated wtlun the H S~sco Survey, Abstract No 1184, in Denton County, Texas, which acqmslt~on ~s for a pubhc purpose 2 Received information from Staff, discussed, deliberated, considered, and prowded Staff with advice and direct~on pertmmng to the location of, the purchase price of, the possible terms of purchase of, negotmtmg issues, and valuataon issues respecting the possible acqmsmon by the C~ty of Denton of a 0 21 acre tract being s~tuated w~thln the W Loving Survey, Abstract No 759, in Denton County, Texas, which acquisition ~s for a public purpose B Consultation with Attorney - Under TEX GOV'T CODE Sec 551 071 1 Considered and discussed possible settlement of clmm and potential litigation m a matter involving an appeal to the Zomng Board of AdJustment and their decision on the claimed non-conforming status of the property located on the south side of Edwards Road about 2,000 feet west of Swisher Road Regular Meeting of the City of Denton C~ty Council on Tuesday, June 6, 2000 at 6 00 p m ~n the Counml Chambers at City Hall 1 Pledge of Allegiance The Council and members of the City Councd recited the Pledge of Allegiance to the U S and Texas flags 2 The Council considered approval of the m~nutes of May 2, May 9, May 12, and May 16, 2000 City of Denton City Cotmml Minutes June 6, 20~)0 Page 2 Young motioned, Beasley seconded to approve the minutes as presented On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously PROCLAMATIONS/PRESENTATIONS 3 Mayor Brock presented a proclamation for Pause for the Pledge Day 4 Resolution of Appreciation The Council considered approval of a resolution of apprematlon for Max Blackburn Young motioned, Knstoferson seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 5 The following presentations were made A Presontation to Parks Department from Denton County Law Enforcement Memorial Commission B Presentation of Texas Safety Association Awards C Presentation of Texas Water Utlhtles Association "Best Tastang Water" Award from North Texas D~stnct CITIZEN REPORTS 6 The Council received a report from Paul Bennett regarding planning and zoning Mr Bennett stated that he was trying to open a small business in the City but was having difficulty with C~ty regulations 7 The Council received a report from Tom Atk~ns regarding the C~ty's health insurance Mr Atkms was not present at the meeting 8 The Council received a report from Mildred Calvert regarding the ~mportance of organ and tissue donation Ms Calvert stated that she was a heart transplant recipient and encouraged everyone to consider organ and tissue donation 9 The Council received a report from Ross Melton regarding lawyers, Pharisees, and hypocrites enforcing aesthetics, unanswered letters and lawsmt Mr Melton stated that he had again received a notme from Code Enforcement that he felt was inappropriate 10 Tl~e Council received a report from Dessle Goodson regarding City of Denton issues Ms Goodson was not present at the meeting City of Denton City Council Minutes June 6, 2000 Page 3 CONSENT AGENDA Young motmned, Beasley seconded to approve the Consent Agenda and accompanying ordinances and resolutmns On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 11 Approved a tax refund to Joshua Cotton The 1999 tax was paid twice, resulting in an overpayment 12 Approved a tax refund to Westmmster LTD The 1999 tax was prod twice, resulting ~n an overpayment 13 Approved a tax refund to Westminster LTD The 1999 tax was paid twice, resulting m an overpayment 14 Approved a tax refund to Westminster LTD The 1999 tax was prod twice, resulting in an overpayment 15 Approved a tax refund to Dade International, Inc The 1999 assessed value was deleted from the tax roll, resulting in an overpayment 16 Approved a tax refund to Avant~ Health Systems The 1999 assessed value was deleted from the tax roll, resulting m an overpayment 17 NO 2000-185 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WESTWOOD AREA WATERLINE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2482 - WESTWOOD AREA WATERLINE AWARDED TO JAGOE PUBLIC COIVIPANY IN THE AMOUNT OF $175,401)) 18 NO R2000-024 A RESOLUTION ENDORSING THE DALLAS FORT WORTH CLEAN CITIES TECHNICAL COALITION 19 NO 2000-186 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MAINTENANCE OF J D EDWARDS FINANCIAL SOFTWARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 05292 - J D EDWARDS WORLD WIDE SOLUTIONS COMPANY IN THE AMOUNT OF $68,000) C~ty of Denton C~ty Council M~nutes June 6, 2000 Page 4 20 NO 2000-187 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF BIOXIDE, A PRODUCT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (FILE 2515 - AWARDED TO U S FILTER AT $1 85 PER GALLON ANNUAL ESTIMATE USAGE 28,000 GALLONS OR $51,800) 21 NO 2000-188 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE INSTALLATION OF UNDERGROUND UTILITIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2491 - ANNUAL CONTRACT FOR ELECTRIC UNDERGROUND SERVICES INSTALLATION AWARDED TO BARCO CONSTRUCTION, INC DBA REEVES ENTERPRISES) 22 NO 2000-189 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SUPPLY OF WEATHERING STEEL POLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2497 - STEEL POLES AWARDED TO THOMAS AND BETTS IN THE AMOUNT OF $221,253) 23 NO 2000-190 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 138KV PHASE-OVER-PHASE SWITCH, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2505 - 138 KV PHASE OVER PHASE SWITCH AWARDED TO THE LOWEST BIDDER, UTILITY SALES AGENT, IN THE AMOUNT OF $19,740) 24 NO 2000-191 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR TELEPHONE SYSTEM UPGRADES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PO 05302 TO GTE IN THE AMOUNT OF $272,496 67) City of Denton City Cotmefl Minutes June 6, 2000 Page 5 25 NO 2000-192 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN AUTOMATED PERMITS MANAGEMENT, PROJECT TRACKING AND CODE ENFORCEMENT SOFTWARE SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PO 05303 TO CRW IN THE AMOUNT OF $223,050) 26 NO 2000-193 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR THE CONSTRUCTION AND IMPLEMENTATION OF A WIDE AREA FIBER NETWORK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 27 NO R2000-025 A RESOLUTION ALLOWING JON JON'S NIGHTCLUB TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE JUNETEENTH DANCE ON JUNE 16, 2000, UPON THE CONDITION OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE CONDITIONS, AND PROVIDING FOR AN EFFECTIVE DATE 28 NO R2000-026 A RESOLUTION APPROVING AN INFRASTRUCTURE SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT, L P, AN ARIZONA LIMITED PARTNERSHIP RESPECTING THE CONSTRUCTION OF A WASTEWATER TREATMENT PLANT, AND DECLARING AN EFFECTIVE DATE 29 NO 2000-194 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN WOLFE, CLARK, HENDERSON & TIDWELL AND THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE C~ty of Denton City Council Minutes June 6, 2000 Page 6 30 NO 2000-195 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND F1NDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 451 ACRE 19,632 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND THE BBB & CRR SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN APPROXIMATE 0 1668 ACRE OR 7267 6 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND THE BBB & CRR SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN APPROXIMATE 0 005 ACRE OR 208 SQUARE FEET DRAINAGE EASEMENT IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND THE BBB & CRR SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33B, 33BE) 31 NO 2000-196 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 360 ACRE OR 15,695 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND AN APPROXIMATE 0 0455 ACRE OR 1982 SQUARE FOOT AND 0 0668 ACRE OR 2910 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33D) City of Denton City Council Minutes June 6, 2000 Page 7 32 NO 2000-197 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 272 ACRE OR 11,832 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN APPROXIMATE 00993 ACRE OR 4,051 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE B B B & C RR SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33F) 33 NO 2000-198 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 267 ACRE OR 11,629 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND AN APPROXIMATE 00994 ACRE OR 4,331 78 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND AN APPROXIMATE 0 332 OR 14,446 SQUARE FOOT DRAINAGE EASEMENT IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33A, 33AE) City of Dogton City Council Minutes June 6, 2000 Page 8 34 NO 2000-199 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 010 ACRE OR 452 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE 1N THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 37) PUBLIC HEARINGS Item #36 was considered 36 The Council held a pubhc heanng and considered approwng a Detailed Plan for Planned Development 87 (PD-87) zomng d~stnct The approximately 4 3 acre property was located at the southwest comer of Southndge and Lflhan Miller The intent was to develop a 14-room Bed and Breakfast famhty The Planmng and Zoning Comm~ssmn recommended approval (6-0) w~th cond~txons (Z-99-092) Larry Re~chhart, Assistant D~rector for Planning and Development, stated that the ~ntent of the proposal was to bmld a two-story bed and breakfast facthty The supermajonty vote by Council was not reqmred as there was not 20% wnttan opposition to the proposal Seven conditions were ~dentffied from the Planmng and Zomng Commission and were included ~n the proposed orchnance, The Mayor opened the public heanng The following individuals spoke dunng the pubhc heanng Rick Moore, 901 Elhson Park C~rcle, Denton, 76205 - favor Lucy Warren, 1117 Elhson Park C~rcle, Denton, 76205 - favor Jan Boaley, 1408 Lynhurst, Denton, 76205 - opposition Mary Woodruff, 704 Lafayette, Denton, 76205 - opposition Andy Gffiard, 1600 Lynhurst, Denton, 76205 - opposition Lynn Thompson, 1520 Hunters R~dge C~mle, Denton, 76205 - oppomtmn Rink Ohver, 1417 Hunters Rtdge Clmle, Denton, 76205 - oppos~tmn Vlckie Hefner, 1504 Hunters Pddge C~mle, Denton, 76205 - opposition The following Speaker Cards were submitted City of Denton Clty Council Minutes June 6, 2000 Page 9 Clmt Ballard, 2401 Stonegate, Denton, 76205 - favor Hope Baker, 916 Elhson Park C~mle, Denton, 76205 - favor Sandra Faust, 912 Elhson Park C~rcle, Denton, 76205 - favor Jaek Bomar, Jr, 904 Elhson Park C~rcle, Denton, 76205 - favor Fred Hill, 900 Dallas Drive, Denton, 76205 - favor Kyle Ratchff, 2409 Stonegate C~rcle, Denton, 76205 - favor Karen Wrote, 2308 Hollyhfll Drive, Denton, 76205 - favor Carol Ann Ganzer Connors, 919 S Carroll Blvd, #210, Denton, 76201 - favor Rob Rayner, 1108 Dallas Drive #310, Denton, 76205 - favor Gavin Lamb, 27 Welhngton Oaks C~mle, Denton, 76205 - favor Barbara Russell, 1324 Heather Lane, Denton, 76201 - favor Dan Martan, 717 Lafayette Drive, Denton, 76205 - favor Paul end Jane Hutcbason, 1008 Elhson Park Circle, Denton, 76205 - favor Rebuttal by Moore The Mayor closed the pubhc heanng The following ordinance was considered NO 2000-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 93-232 TO PROVIDE FOR A DETAILED PLAN FOR 4 315 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 87 (PD-87) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF SOUTHRIDGE AND LILLIAN MILLER, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99- 092) Burroughs motioned, Young seconded to approve the ordinance w~th Condmons #1-7 from the Planning and Zoning Commission w~th the following modfficat~ons use of the outdoor facilities would be hm~ted to the hours of 8 00 a m and 9 00 p m on Sundays through Thursdays and between 8 00 am and 10 00 pm on Fridays and Saturdays, the seating capacity of the d~mng room would be hm~ted to 36 persons with food service being bm~ted to overnight patrons and their guests, except reservation only droner food on Thursday, Friday and Saturday nights for other than overmght patrons, no food service customers would be seated after 10 00 p m, and tree preservation on the property would be maximized as shown on the detmled plan On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 37 The Council held a pubhc heanng and considered appromng a Detailed Plan to rezone from a One-family dwelhng (SF-7) zomng dxstnct to a Planned Development (PD) zoning d~stnct The 3 816 acre property was located at 2225 East McKmney Street A ms,dentrol/ office mxxed-use development was proposed The Planning and Zoning Commxsslon recommended approval (6-1) w~th cond~tmns (Z-00-005) C~ty of Denton Clty Council Minutes June 6, 2000 Page 10 Larry Relchhart, Assistant Darector for Planmng and Development, stated that the proposal was to renovate an exxstmg structure for a law office, s~dewalks would be ~nstalled along the front of the property and s~gns would be mstalled for the law office The 20% role was not an effect and the Planning and Zonmg Commission recommended approval w~th four contht~ons The Mayor opened the pubhc hearing The following mdlwduals spoke dunng the pubhc heanng Ann Kelsey, 206 Rldgecrest Circle, Denton, 76205-favor - opposed to condition of fence D~ck Kelsey, 206 R~dgecrest Cattle, Denton, 76205-favor-opposed to condition of fence John Kelsey, 2005 Bowhng Green, Denton, 76201 - favor Larry Colhster, 1605 V~etona, Denton, 76201 - favor James Elhott, 207 West Oak, Denton, 76201 - favor Pncflla and Melwn Fudge, 312 Mack Drive, Denton - opposition Eric Janssen, 413 Fox Creek Court, Denton, 76201 - opposition Wilhe Hudspeth, 623 Newton, Denton, 76201 - opposttlon Rebuttal by Kelsey's The Mayor closed the pubhc heanng The followmg ordmanee was considered NO 2000-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-185) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 8 ACRES OF LAND LOCATED AT 2225 EAST MCKINNEY STREET, PROVIDING A DETAILED PLAN ENCOMPASSING APPROXIMATELY 3 8 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2~000 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE (Z-00-005) Knstoferson motioned, Durrance seconded to adopt the ordinance w~th the recommendations from staff including land uses, s~gnage and hghtmg, excluding a fence requirement Young motioned to amend the motion to approve the proposal as approved by the Planmng and ZomngComm~ss~on Motion d~ed for lack of a second On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion earned w~th a 5-1 vote 38 The Council held a pubhc heanng and considered approwng an orthnance amendmg Chapter 34, Sllbdlvlslon and Land Regulations of the Code of Ordinances, to amend the expiration date of Prehmmary Plats and General Development Plans The Planmng and Zomng Comm~ssxon recommended approval (5-0) (SI-00-09) City of D~ton City Council Minutes June 6, 2000 Page 11 Larry Reich_hart, Assistant Director of Plarmlng and Development, stated that this ordmance would shorten the expiration date on preliminary plats and provide for an expiration date for general development plans The Mayor opened the public heanng The following lndavldual spoke dunng the pubhc heanng Gene Price, 725 Clusholm Trail, Denton, 76201 - neutral The Mayor closed the public heanng The followmg ordinance was considered NO 2000-203 AN ORDINANCE AMENDING SECTIONS 34-14 AND 34-17 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO SHORTEN THE EXPIRATION DATE FOR PRELIMINARY PLATS AND TO PROVIDE AN EXPIRATION DATE FOR GENERAL DEVELOPMENT PLANS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE Burroughs motxoned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously Item #35 was considered 35 The Council held a pubhc heanng and considered approwng a Detmled Plan for approximately 0 08 acres wxthm Planned Development 172 (PD-172) zoning district The property was located on the south end of the comer of Nowhn Road and Nowhn Road The ~ntent was to install new facilities at an ex~st~ng cellular telephone tower s~te The Planmng and Zomng Commission recommended approval (7-0) with conditions (Z-00-007) Larry Relehhart, Assistant D~reetor for Planmng and Development, stated that this proposal was for a 10xl3 equipment shelter The cellular tower was already m place and th~s was a request for a storage,shelter A supermajonty vote was reqmred as there was more than 20% opposition from adjoining property owners The developer was requestmg a change an the types of plants allowed for the landseapmg reqmrements The Mayor opened the pubhc heanng The followmg individuals spoke dunng the public heanng William Cantran, representing PnmeCo - favor Gene Price, 725 Chisholm Trail, Denton - reduce amount of landscapang C~ty of Denton City Council M~nutes June 6, 2000 Page 12 The Mayor closed the pubhc heanng The following ordinance was considered NO 2000-200 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99-257 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 0 08 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 172 (PD-172) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF THE INTERSECTION OF NOWLiN ROAD AND NOWLIN ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-00-007) Beasley motioned, Young seconded to adopt the ordinance w~th the change ~n condition to be able to use holly ~n the hwng screen On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously ITEMS FOR INDIVIDUAL CONSIDERATION 39 The Council considered and took action on a Non-res~dentml ProJect Plan request for a 0 61 acre property at the southeast comer of Teasley Lane (FM 2181) and Interstate 35E A gas stat~on/convemence store was proposed (SP-00-003) Larry Re~chhart, Assistant D~rector of Planmng and Development, stated that the proposal was to renovate an ex~stmg vacant gas station This was a non-residential project plan that was zoned general retml The proposal met the requirements of a project plan The developer would be remowng one of the pole s~gns Staff recommended a monument sign as opposed to the current pole s~gn Allen Bussel, 1621 Amanda Court, Ponder, 76259 - spoke regarding the ~ssue The following resolution was conmdered NO R2000-027 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR SOUTHRIDGE EXXON, BEING AN APPROXIMATELY 0 61 ACRE SITE LOCATED A THE SOUTHEAST CORNER OF INTERSTATE 35E AND TEASLEY LANE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-003) Young motioned, Burroughs seconded to approve the resolutmn On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Mot~un earned unammously City of Denton City Council Minutes June 6, 2000 Page 13 40 The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 4 9+ acre property located at 5001 West University The proposal was to rezone the property from Agriculture (A) to Light Industrial (LI), to be eunslstent with the existing CBS Mechanical operations (RN-00-26, CBS Mechameal) Larry Relcbahart, Assistant Director for Planning and Development, stated that this was the existing site of CBS Mechanical The proposal was to rezone the property from agriculture to light industrial to be consistent with the ex~stmg use Under the current regulations, any new development required a project plan The following individuals spoke regardmg the issue Joe Mulroy, 119 R~dgecrest, Denton, 76207 - favor Gene Price, 725 Chisholm, Denton, 76201 - favor Beasley motioned, Burroughs seconded to approve the request for rehef On roll vote, Beasley "aye", Burroughs "aye", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously 41 The Council considered and took action on a request to extend the approval of a Specific Use Permit (SUP) for a fraternity house located on the southeast corner of W Oak and Fry Streets, at 1305 W Oak Street The 0 75 acre s~te was zoned General Retail (GR) The proposal was to develop a rune (9)-bedroom fraternity house for the Delta Lodge The SUP was approved on June 15, 1999 by Ordinance No 99-208 Larry Relchnart, Assistant Director for Planning and Development, stated that the request was to develop a nme-bedrnom fraternity house for the Delta Lodge The specific use permit was approved on June 15, 1999 and under the current regulations, would expire after a year unless construction or use was substantially underway Burroughs motioned, Young seconded to approve the request for rehef On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 42 The Council considered approval of an ordinance approwng an apphcation form for an applicant for a cable telewslon franchise, setting a non-refundable apphcauon free for the costs of review, issuance, and enforcement of the apphcation, and provld~ng an effective date John Cabrales, Public Information Officer, stated that Council considered th~s ~tem in 1998 but the applicant did not hke the terms of the apphcat~on at that time Another potential cable television franchise appheant had contacted the city and th~s apphcat~on form was prowded for council's consideration The following ordinance was considered City of Denton City Council Minutes June 6, 2000 Page 14 NO 2000-204 AN ORDINANCE APPROVING AN APPLICATION FORM FOR AN APPLICANT FOR A CABLE TELEVISION FRANCHISE, SETTING A NON-REFUNDABLE APPLICATION FEE FOR THE COSTS OF REVIEW, ISSUANCE, AND ENFORCEMENT OF THE APPLICATION, AND PROVIDING AN EFFECTIVE DATE Young motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" MoUon canned unammously 43 The Council considered adoptton of an ordinance of the City of Denton, Texas, providing for the renamurg of Stalhon Way to Big Horn Trml, and prowd~ng an effective date The following orchnance was considered NO 2000-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF STALLION WAY TO BIG HORN TRAIL, AND PROVIDING AN EFFECTIVE DATE Knstoferson motxoned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unanimously 44 The Council considered approval of a resolution of the C~ty Council of the City of Denton, Texas, replacing a policy for tax abatement for the C~ty of Denton to establish gmdehnes and cntena govermng tax abatement agreements, and declanng an effective date Llnda Rathff, Director of Economic Development, stated changes were made to the document that was presented to Council at its February 22, 2000 meeting Some of those changes ~ncluded ~ncorporatmg language that would encourage appbcants to utthze minority bus~ness enterprises when contracting for construction, supplies or services, addressing tax abatement incentives for abandoned bmldmgs, and incorporating language to exclude any and all land valuation from consideration for abatement The following resolution was considered NO R2000-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS, AND DECLARING AN EFFECTIVE DATE C~ty of Denton C~ty Council M~nutes June 6, 2000 Page 15 Burroughs motioned, Young seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 45 The Councd considered adoption of an ordinance authorizing the C~ty Manager to execute contracts for professional legal services w~th the law firms of Strasburger & Price, L L P and the law firm of Bucek and Frank to ~mt~ate and prosecute httgatlon against TXU Electric & Gas and to perform other legal servmes ~n accordance with the contracts for professional legal services, authorizing the expenditure of funds therefore, and providing an effective date The follow~ng ordinance was considered NO 2000-206 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRMS OF STRASBURGER & PRICE, L L P AND THE LAW FIRM OF BUCEK AND FRANK TO INITIATE AND PROSECUTE LITIGATION AGAINST TXU ELECTRIC & GAS AND TO PERFORM OTHER LEGAL SERVICES IN ACCORDANCE WITH THE CONTRACTS FOR PROFESSIONAL LEGAL SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Young motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 46 The Council considered an appointment to the Transportation Excellence for the 21st Century Committee and authorize related expenses for that appointment Beasley motioned, Young seconded to approve the appointment of Jack Miller to the Transportation Excellence for the 21st Century Committee On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 47 New Business The following ~tems of New Business were suggested by Council for future agendas A Council Member Krlstoferson requested a health care primmer and an update on the ~ssues related to health care plan B Council Member Knstoferson requested an update on the telecommumcatlons ordmance C Council Member Knstoferson requested a work session on land conservation, easements and trusts C~ty of Denton Clty Council Minutes June 6, 2000 Page 16 D Council Member Knstoferson requested an mvest~gatlon on the possibility of gated street m Hunters Pddge E Council Member Young asked for a work session d~scuss~on on hm request to partm~pate m an APPA trip to China 48 Items from the C~ty Manager C~ty Manager Jez d~d not have any atems for Council 49 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 50 The following officml action was taken on Closed Meeting ~tems under Sections 551 071-551 086 of the Texas Open Meetings Act Burroughs motioned, Young seconded to approve the Lubbers settlement as discussed ~n Closed Session On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion canned unanimously W~th no further business, the meeting was adjourned at 10 20 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 13, 2000 After determlmng that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, June 13, 2000 at 5 15 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Durrance, and Young ABSENT Council Members Burroughs, Cochran and Krlstoferson 1 Closed Meeting A Deliberations Regarding Certmn Public Power Utilities Competitive Matters --- Under TEX GOV'T CODE Section 551 086 (1) Received competitive information from Staff pertmmng to several electric service contract, certification, and stranded cost issues regarding the present and future cost-effective operation of Denton Mumclpal Electric, and discuss, deliberate, consider, and provided Staff with direction respecting such issues Work Session of the City of Denton City Council on Tuesday, June 13, 2000 at 6 00 p m in the Council Work Session Room in City Hall 1 The Council received a presentation from Diversified Utility Consultants, Inc regarding Electric Utility Rate Design Dan Lawton, Diversified Utility Consultant, Inc, presented a new rate design theory for a competitive market with marginal and incremental cost pricing The two previous presentations addressed rate level The end product m the previous discussions addressed the total revenue requirement of a public utility Tins d~scusslon looked at the determination of the specific rates that would yield the required revenues Lawton reviewed the criteria for rate structure as noted in the agenda matenals He also reviewed marginal costs and alternative long range incremental cost pricing for transmission and delivery services in Denton 2 The Council received a report, held a chscussion, and gave staff direction regarding EMS billing revenues Ross Chadwick, Fire Chief, stated that staff was proposing a new ordinance that would change the existing fee orchnance as well as add new fees The C~ty responded to certmn areas of the unincorporated County under an agreement with Denton County The City also responded to several small cities in the County under lnterlocal agreements and ordinances that were approved each year by the City Council setting the terms and condmons of the agreement There were several reasons for a change in the current ordinance - the last change for emergency ambulance fees was in 1998, the costs to provide emergency medical services had increased substantially, the need to remmn competitive with other area emergency medical services providers, and the need to m~untmn present Health Care Finance Administration methodology Chadwick reviewed the curreat fees that were being proposed to be increased and the new proposed fees Consensus of the Council was to prepare an ordinance to incorporate the proposed fees except for the non-transport fee and to look into the issue regarding cost of providing medical record copies City of Denton City Counml Minutes June 13, 2000 Page 2 3 The Council received a report, held a d~scusslon, and gave staff direction regarding small cities EMS contract Ross Chadwick, Fire Chief, stated that staff was requesting direction regarding the amount charged to the small cities for emergency medscal service Although current contracts would not expire until September 2001, staff wanted to give the contracting mtms ample notice of what the rates would be after October 2001 He reviewed the cost of EMS to small cities and the future proposed rates for the small crees under contract Consensus of the Cotmml was to proceed with the recommendation of the staff 4 The Council received a report, held a discussion, and gave staff direction regarding fire revenues Ross Chadwick, Fire Chief, stated that staff was requesting d~rect~on on a cost-recovery proposal to estabhsh a non-resident motor vehicle accident fire engine response fee Currently there was no mechamsm m place to recover the costs associated with fire engine calls A supporting idea for estabhshment of a fee of tins kind was that insurance pohcles often had bmltqn provisions for recovery fees that go unused because fire departments do not have a way to bill for these services In addition, services prowded by fire and emergency crews help ~nsurance compames reduce the seventy of injury and damage to lndaviduals and property Consensus of Council was to proceed as recommended by the staff 5 The Council received a report, held a dascuss~on, and gave staff d~rect~on regarding a paperless agenda Jennifer Walters, City Secretary, stated that thru was a request from Councd Member Durrance for an update on the paperless agenda process She reviewed the back-up materials indicating the current process m place to determine the best way to proceed w~th a paperless agenda if desired by a majority of the Council Consensus of the Council was to bnng the item back at a future work session to be decided on by the entire Counml with a demonstratxon of a type ofpaperless agenda 6 The Council received a report, held a discussion, and gave staff direction regarding the Development Code Rewrite project, including, but not hmated to, the consultant scope of work, project schedule, public involvement process, and role of the Code Committee ~ncludlng the possible reduction of the number needed for a quorum Doug Powell, Director for Planmng and Development, stated that at the June 9th luncheon with John Fregonese, several issues were dsscussed related to the Development Code and process Staff was requesting d~rectlon on several ~ssues redefined schedule and process for the Development Code adoption, role of the Code Committee and quorum issues, adoption of s~te design s~andards and environmental standards overlay ordinance It was recommended to provide a public review document that would not change until the end of the public process with all comments from all stakeholders That would reduce the confusion of multiple documents and ehm~nate the pubhc having to deal w~th a movmg target In regards to the Committee's role, ~t was suggested that the process should be parallel and the Committee would continue to work City of Denton City Council Minutes June 13, 2000 Page 3 reviewing the draft Development Code, along with other special interest groups and the public at-large All comments would be forwarded to the City Council It was also recommended to lower the quorum of the Committee to six from eight so that there will be less trouble meeting the legal reqmrements for a meeting A suggestion was made to have a joint meeting of the Committee and the City Council A final issue was an overlay ordinance for site design standards and environmental standards Staff was recommending not to more forward with such an ordinance as it would take too much time and effort away from the actual Development Code A revised schedule was presented for Council review Consensus of the Council to hold a special work session meeting with the Committee on June 22nd and to not consider an overlay ordinance The other recommendations would be held until the special work session meeting 7 The Council received a report, held a discussion, and gave staff direction regarchng proposed procedural changes to be implemented by the City Development Review Committee Larry Relchhart, DRC Chmrman, stated that m order to provide better customer service, staff had lmt~ated a number of operational changes and was m the process of implementing some procedural changes to the Development Review Committee Changes included drafting a written set of roles, changing the submission date and requirements, developing check lists by each department to determine the appropriate level of information required for each type of apphcat~on, providing information to the applicant, and setting strict schedules for revisions Consensus of Council was to prepare a tune line for the re,new process for developers to follow and to proceed with the proposals as presented With no further business, the meeting was adjourned at 8 15 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 20, 2000 After determmmg that a quorum was present and convemng ~n an Open Meeting, the C~ty Councd convened m a Closed Meetmg on Tuesday, June 20, 2000 at 5 15 p m m the C~ty of Denton Council Work Session Room, Denton C~ty Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Counml Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Closed Meeting A Dehberat~ons Regar(hng Certmn Pubhc Power Utilities Competitive Matters --- Under TEX GOV'T CODE Section 551 086 (1) Considered approval of an or(hnance prowdmg for, authorizing, and approwng an Agreement By and Between the C~ty of Denton and Andrew Corporation for Electric Service, detenmnmg that smd Agreement pertmns to a compet~ttve electric matter, approwng the expen(hture of funds therefor, prowdmg an effective date, and (hscussed, dehberated, considered, voted, and took final action thereon Regular Meeting of the C~ty of Denton C~ty Counml on Tuesday, June 20, 2000 at 6 00 p m ~n the Council Chambers at C~ty Hall, 215 E McK~nney Street, Denton, Texas at which the following ~tems wall be considered PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Pledge of Allegiance The Council and members of the au(hence feinted the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 Presentations A A presentation of Ce~ficate of Congratulations was made to State Representative Myra Crownover B June Yard of the Month Awards were presented to Charles and Ella Wdhams Dwayne and Stacy Waters Tom and Gml Morgan John and Sherry Hardin Ron Aparda and Patncm Foster C~ty of Denton C~ty Council Mmutes June 20, 2000 Page 2 Chris Lantham Gnzaffe Darby, LLP C Dave Hill, Assistant C~ty Manager for Development Services, made the presentation of The Denton Plan CITIZEN REPORTS 3 The Council received a report from Wdhe Hudspeth regarding concerns about southeast Denton Mr Hudspeth presented a v~deo regarchng the removal of trees on hm property and spoke about the Juneteenth celehratlon, the organization ora neighborhood group, and the hmng practices of the C~ty 4 The Council receaved a citizen report from Dess~e Goodson regarding the C~ty of Denton Pubhc Transportation and threats Ms Goodson was not present at the meetmg 5 The Councd received a c~t~zen report from Carolyn Phdhps regarding zomng concerns Ms Ph~lhps expressed concerns regarding zoning ~ssues m southeast Denton such as braiding ~n the floodplain, warehouses bnngmg trucks ~n the area, and the zoning of the area 6 The Council recetved a c~t~zen report from Joe Dodd regarding theft of a street Mr Dodd stated that he was not an favor of the bmldmg of a motel behind his house on Earl Street The developers were damaging h~s property He requested that the C~ty check what the developers &the motel d~d w~th the curb cut at Earl Street 7 The Council received a mt~zen report from Ross Melton regarding "Servme w~th a smile - I hope" Mr Melton was not present at the meetmg NOISE ~ 8 The Council considered a request for an exccptmn to the No~s¢ Ordinance for an outdoor concert at the North Texas Fmrgrounds on September 22, 2000 until m~dmght Cochran motioned, Burroughs seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motmn camed unammously CONSENT AGENDA Council Member Cochran requested that Items #18 and #19 be pulled for separate cons~deratmn City of Denton City Couned Minutes June 20, 2000 Page 3 Beasley motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items #18 and #19 On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 9 Approved a tax refund to James Lott The 1999 tax was overpmd, resulting m an overpayment 10 Approved a tax refund to Elizabeth Bamck The 1999 tax was paid twice, resulting ~n an overpayment 11 Approved a tax refund to PNC Leasing Corp The 1999 assessed value was lowered per Denton Central Apprmsal D~stnct, resulting xn an overpayment 12 NO 2000-207 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF DUNCAN, MASSEY, CLEVELAND, COLLINS DRAINAGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID #2512 - DUNCAN, MASSEY, CLEVELAND, COLLINS DRAINAGE-D B R CONSTRUCTION $567,399 70) 13 NO 2000-208 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF WOOD UTILITY POLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID #2506 - WOOD UTILITY POLES- CUMMINS UTILITY SUPPLY) 14 NO 2000-209 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF DENTON MUNICIPAL UTILITY ENVELOPES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID #2511 - DENTON MUNICIPAL UTILITY ENVELOPES-PRECEPT, INC -ESTIMATED AMOUNT OF $18,877 50) 15 NO 2000-210 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF EMERGENCY MEDICAL SUPPLIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID #2509 - EMS SUPPLIES-AWARDED AS LISTED IN THE ORDINANCE IN AN ESTIMATED TOTAL AMOUNT OF $160,000) City of Denton City Counml Minutes June 20, 2000 Page 4 16 NO 2000-211 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF PUBLIC OFFICIALS LIABILITY (POL) AND EMPLOYMENT PRACTICES LIABILITY (EPL) INSURANCE PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (RESP 2498 - PUBLIC OFFICIAL LIABILITY AND EMPLOYMENT PRACTICES LIABILITY INSURANCE-GENESIS INDEMNITY INSURANCE COMPANY THROUGH PALMER AND CAY OF TEXAS, INC -FIRST YEAR PREMIUM AMOUNT IS $40,740-THREE-YEAR OPTION IS ESTIMATED TO BE APPROXIMATELY $122,220 ) 17 NO 2000-212 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID #2516A & B PLAYGROUND EQUIPMENT INSTALLATION (A) FRED MOORE PARK, (B) PHOENIX PARK - PLAYGROUND SPECIALISTS, INC - $28,157 20) 20 NO 2000-215 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE, L L P FOR INDEPENDENT AUDITS, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE (RFSP #2481 - AUDIT SERVICES AWARDED TO DELOITTE AND TOUCHE, L L P IN THE NOT TO EXCEED AMOUNT OF $50,000 FOR 2000, $62,750 FOR 2001 AND $65,900 FOR 2002 FEES FOR 2003 AND 2004 WILL BE BASED UPON THE CONSUMER PRICE INDEX FOR THE DALLAS METROPLEX) PUBLIC,HEARINGS 21 The Council held a public hearing and considered approving a Detmled Plan for approximately 253 acres m the Planned Development 170 (PD-170), Planned Development 172 (PD-172), and Planned Development 176 (PD-176) zoning districts The property was generally located southeast of the intersection of Robinson Road and Teasley Lane (FM 2181) The intent was to develop a single~family residential subdivision of approximately 850 lots The Planmng and Zomng Commission recommended approval (3-2) with conditions (Z-99-104) Doug Powell, Director of Planning and Development, stated that this was a detmled plan that combined three planned development zoning districts The intent was to develop a slngle-famdy residential subdivision The Planning and Zomng Commission recommended approval with condmons as noted in the agenda materials City of D~ton City Council Minutes June 20, 2000 Page 5 The Mayor opened the public heanng The following individuals spoke during the public heanng Robert Prendergast, Dallas - favor Johnny Jester, 4525 Teasley Lane, Denton, 76205 - concern for access road The Mayor closed the pubhe heanng The following ordinance was considered NO 2000-216 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99-257, ORDINANCE NO 99-367, AND ORDINANCE NO 99-405 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED DEVELOPMENT l0 (PD-170), PLANNED DEVELOPMENT 172 (PD-172) AND PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICTS AND LAND USE CLASSIFICATIONS, THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-00-104) Burroughs motioned, Young seconded to approve the detmled plan with the conditions from the Planning and Zomng Commission On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned w~th a 6-1 vote 22 The Council held a public heanng and considered approval of a Zoning Plan for 36 67 acres between Loop 288 and Maytull Road south of Audra Road The property was currently located in a one-family dwelhng (SF-10) zomng district The intent was to develop a 124-1ot single-family residential subchws~on The Planning and Zoning Commission recommended denial (4A) (ZP-00-004) Doug Powell, D~rector of Planning and Development, stated that the property was covered by the interim regulations The supermajonty role was ~n effect due to the 20% role and derail by the Planning and Zomng Commission The proposal was for a 124 lot single-family residential subdivision The Mayor opened the public hearing The following mdlwduals spoke dunng the public heanng Tommy Khne, Dallas - favor Les Holland, 3760 Holland Lane, Denton, 76208 - opposmon Rebuttal by Kline C~ty of Denton City Counml Minutes June 20, 2000 Page 6 The Mayor closed the pubhc heanng Young motioned to approve the proposal as submitted Motion dmd for lack of a second Durrance motioned, Cochran seconded to deny the proposal On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion carried with a 6-1 vote 23 The Council held a public heanng and considered approwng a Zoning Plan for approximately 60 acres at the northwest comer of Stuart Road and Loop 288 The property was currently zoned Agricultural (A) The ~ntent was to develop a single-family res~dentml subd~wsxon The Planmng and Zomng Commission recommended approval (5-0) w~th conditions (ZP-00-001) Doug Powell, D~rector of Planmng and Development, stated that this apphcat~on was for a 201 lot s~ngle.famfly manufactured home development There would be ten acres of common open space and 2 9 acres were designated for future commercial development The Planmng and Zoning Commass~on recommended approval with cond~Uons Th~s was a Zoning Plan under the ~ntenm msldentml regulaUons The Mayor opened the public heanng The following ~ndlwduals spoke dunng the public heanng Crmg Glendenny - favor Gene Holloway, Planning Director for DISD - not rewewed current plan The Mayor closed the public heanng The following ordinance was considered NO 2000-217 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 60 3 ACRES LOCATED AT THE NORTHWEST CORNER OF STUART ROAD AND LOOP 288 IN THE CITY OF DENTON, TEXAS, DENTON COUNTY, TEXAS, PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDiNG FOR AN EFFECTIVE DATE (ZP-00- 001) Burroughs motioned, Young seconded to approve the proposal w~th the conditions as recommended by the Planning and Zoning Commission On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Brock "nay" Motion camed w~th a 4-3 vote City of Denton City Council Minutes June 20, 2000 Page 7 24 The Council held a public hearing and considered a Specific Use Permxt (SUP) for approximately 40 acres m an Agricultural (A) zoning d~stnct The property was located west of Stuart Road north of Loop 288 The ~ntent was to develop a 206-1ot manufactured home community The Planmng and Zomng Commission recommended approval (3-2) wxth conditions (Z-00-006) Doug Powell, Dxrector of Plannmg and Development, stated that the proposed development met the criteria for a mobile home park The Planning and Zomng Commlssxon recommended approval with condltxons The Mayor opened the pubhc heanng The following mdlmduals spoke dunng the public heanng Crmg Glendenny - favor Kay Geddmg, 1900 Canyon Court, Denton, 76205 - favor Sonny Chauncey, 2473 North Fxeld Street, Dallas, 75201 - favor Rack Woolfolk, 3121 Westgate Drive, Denton, 76207 - requested postponement The Mayor closed the pubhc heanng Young motioned, Burroughs seconded to approve the proposal w~th the conditions as recommended by the Planning and Zomng Commission plus the condxtlon of a recorded deed restriction that the residents shall be 55 years or older subject to the prowsxons of the Fair Housing Act Durrance motioned to postpone conslderatxon until the DISD had an oppomm~ty to rewew the proposal Motxon daed for lack ora second On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Brock "nay" Motion fmled wxth a 2-5 vote 25 The Council held a pubhc hearing and considered approvxng a Detmled Plan and Non- residential Project Plan for the Planned Development - 5 (PD-5) zomng dxstnct The 1 19 acre property was located at the southeast comer of the ~ntersectxon of University Drive and Bonnxe Brae Street A commercial development was proposed The Planmng and Zoning Commlsston recommended approval of the PD Detmled Plan (4-1) w~th condxtlons (Z-00-002 & SP-00-002, Kwik Kar Wash / Dry Clean Super Center) Doug PoWell, Director of Planning and Development, stated a commermal development was proposed for a commermal car wash and a dry cleaners The Planmng and Zomng Commission recommended approval w~th conditions The Mayor opened the public heanng City of Denton City Council Minutes June 20, 2000 Page 8 The following mdlvldual spoke dunng the public heanng Ray Ellis, 4725 Nall Road, Dallas - favor- requested a sign for each location The Mayor closed the public hearing The following ordinance was considered NO 2000-218 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN FOR 1 19 ACRES LOCATED WITHIN PLANNED DEVELOPMENT (PD-5) ZONING DISTRICT, THE SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND BONNIE BRAE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z.00-002) Beasley motioned, Young seconded to adopt the ordinance with the conditions as recommended by the Planning and Zomng Commission plus the added condition that the brick and decor match the existing Kwik Lube previously developed by the petitioner On roll vote, Beasley "aye", Burroughs "aye", Cochran 'haay", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Brock "aye" Motion earned with a 4-3 vote 26 The Council held a public heanng and considered creating a definition for and asslgmng a zonmg classification to ear rental establishments Car rental estabhshments were a use not currently listed within the City of Denton's Zomng Ordinance The Planning and Zoning Commission recommended that car rental establishments be allowed in General Rettul (GR) zoning distracts (5-0) with conditions (SI-00-008) Doug Powell, Director for Plamng and Development, stated that currently there was no defimt~on for a car rental establishment and was not currently listed on the City's zomng ordinance The proposed ordinance would establish a definition for the use and the zomng d~stnets for each type of rental establishment The Mayor opened the public hearing The following individuals spoke dunng the public heanng Mike Kehoe - favor-remove the limit of ten vehicles per establishment -eonstder wording to not to exceed the limit of the number of parking spaces per location The Mayor closed the pubhc heanng The followmg ordinance was considered C~ty of Demton C~ty Councd Minutes June 20, 2000 Page 9 No 2000-219 AN ORDINANCE AMENDING CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTION 35-76 TO INCLUDE A DEFINITION FOR CAR RENTAL FACILITIES AND AMENDING SECTION 35-77 TO ALLOW CAR RENTAL FACILITIES IN SPECIFIC ZONING AND LAND USE DISTRICTS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 FOR VIOLATIONS THEREOF, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (SI-00-008) Knstoferson mottoned, Cochran seconded to adopt the ordinance as presented w~th staff and Planmng and Zomng Commission recommendations On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously ITEMS FOR INDIVIDUAL CONSIDERATION The Councd considered Items #18 and 19 from the Consent Agenda Item #18 NO 2000-213 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY ANN MCDUFF RELATING TO THE PURCHASE OF A TRACT PREVIOUSLY CONVEYED FROM DICK G MCDUFF BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 4054, PAGE 0474, OF THE REAL PROPERTY RECORDS OF DENTON, COUNTY, TEXAS, FOR FLOOD MITIGATION ASSISTANCE PROJECT GRANT, TEXAS WATER DEVELOPMENT BOARD NO 99-011-027, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Council Member Cochran stated that he felt this should have more d~scussmn than what was allowed on the Consent Agenda Mayor Brock md~cated that th~s ~tem was dxscussed at a work session that Councd Member Cochran had m~ssed Counml Member Cochran suggested looking at the option of rinsing the house up ~nstead of demohshmg the home or mowng ~t Paul Wflhamson, R~ght-of-Way Agent, stated that ~n order to receive the grant from the State, the lot had to be completely cleared so that rinsing the home above the flood level was not an option Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Dmrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned w~th a 6-1 vote C~ty of Denton City Council Minutes June 20, 2000 Page 10 Item #19 NO 2000-214 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO 98-213 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC 27-102 OF ARTICLE IV OF CHAPTER 27 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE Council Member Cochran requested mformatlon from staff regarding th~s ~ssue as he was not present at,the work session when tins Item was discussed Chief Chadwick reviewed the costing procedures that were included m the ordinance Knstoferson motioned, Beasley seconded to adopt the ordinance Cochran motioned, Young seconded to amend the motion to not change the basra rate for residentml ambulance fee and unplement the fee structure change On roll vote, Beasley "nay", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Brock "nay" Motion failed with a 3-4 vote On roll vote on main motion to adopt the ordinance, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion earned w~th a 5-2 vote 27 The Council considered adopting an ordinance to annex approximately 254 acres generally located west of Sherman Dr approximately 3,600' north of Loop 288 in the extratem~onal jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severabthty clause and to provide for an effective date First reading of ordinance (A-99) Dave Hill, Assistant City Manager for Development Services, stated that this was the first readmg o/' the annexation ordinance that required a supermajonty vote by Council The second reading was scheduled for August 1st There were three staff issues relative to this proposal a request fgr a work session for June 27th, the property owner selhng the property requested a postponement of the first readmg of annexation ordinance and if not feasible, not annex property at all Don Hill spoke regarchng the Issue Burroughs motaoned, Beasley seconded to approve the first reading of the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young "nay", and Mayor Brock "aye" Motion camed w~th a 6-1 vote City of Danton City Council Minutes June 20, 2000 Page 11 28 The Counml considered adoption of an ordinance authorizing the C~ty Manager or bas designee to execute an mterlocal agreement for mass transportation within the C~ty of Denton between the C~ty of Denton and SPAN Inc, and prowdmg an effective date Veronica Rolen, Public Transportation Coordinator, stated that this was an ~merlocal agreement for SPAN to provide transit services in Denton The following ordinance was considered NO 2000-220 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTER.LOCAL AGREEMENT FOR MASS TRANSPORTATION WITHIN THE CITY OF DENTON BETWEEN THE CITY OF DENTON AND SPAN INC, AND PROVIDING AN EFFECTIVE DATE Durrance motioned, Bun'oughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 29 The Council conmdered adoption of an ordinance authonmng the C~ty Manager or bas designee to execute a plpehne crossing agreement with the Union Pacific Rmlroad Company for a water pipeline at Mile Post 724 10, Choctaw Subdivision, C~ty of Denton, Denton County Texas, authorizing the expenditure of funds therefore, and promdlng an effective date Items #29 and #30 were considered w~th one motion The followmg ordinance was considered NO 2000-221 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR A WATER PIPELINE AT MILE POST 724 10, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Knstofer$on motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motton camed unammously 30 The Council considered adoption of an ordinance authonzmg the C~ty Manager or his destgnee to execute a p~pehne crossing agreement w~th the Union Pacific Railroad Company for a water p~pehne at Mile Post 721 170, Choctaw Subd~wslon, C~ty of Denton, Denton County, Texas, authorizing the expenditure of funds therefore, and prowdlng an effective date Ctty of Denton Ctty Councd Minutes June 20, 2000 Page 12 The following ordtnance was considered NO 2000-222 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR A WATER PIPELINE AT MILE POST 721 170, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously 31 The Council considered adoption of an ordmance authonmng the Ctty Manager to enter into a lease agreement between the City of Denton, Texas and Sue Burr, authorizing the expenditure of funds, and prowdlng for an effective date Ross Chadwick, Fire Chief, stated that Central Fire Station was sttll closed and that the firefighters might be out of the station for at least a year to eighteen months This proposal would provide adequate lease space to house the firefighters The followtng ordtnance was considered NO 2000-223 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 32 The Council considered approval of a resolutton of the C~ty Councd of the City of Denton, Texas urging the Umted States Senate to approve the Conservation and Relnvestment Act, whmh includes over $236 mdhon per year ~n funding for conservatton programs tn the State of Texas The following resolutton was considered NO R2000-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS URGING THE UNITED STATES SENATE TO APPROVE THE CONSERVATION AND REINVESTMENT ACT, WHICH INCLUDES OVER $236 MILLION PER C~ty of Dea~ton C~ty Council Minutes June 20, 2000 Page 13 YEAR IN FUNDING FOR CONSERVATION PROGRAMS IN THE STATE OF TEXAS Knstoferson motioned, Durrance seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 33 The Cotmcll considered adoption of an ordinance approving an mrport lease agreement for a commercial operator between the C~ty of Denton and KPD, Inc, and prowd~ng an effective date Mark Nelson, Airport Manager, stated that KPD, Inc would lease approximately 8,800 square feet to construct a structure of not less than 3,000 square feet on Lot 2 The famhty would be constructed for the purpose of commercial or general awat~on almraft storage KPD, Inc would also construct necessary infrastructure to access current tax,ways The lease terms were simdar to the ones with Jim Osborne and Wayne Allen Rick Woolfolk spoke on the issue The following ordinance was considered NO 2000-224 AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT FOR A COMMERCIAL OPERATOR BETWEEN THE CITY OF DENTON AND KPD, INC, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Knstoferson seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned with a 6-1 vote 34 The Council considered adoption of an ordinance authorizing the City Manager to execute a release of lien releasing note and deed of trust hens on approximately 434 acres of property as a result of the satisfaction of the conditions set forth m the note and memorandum of understanding for the International Isotopes, Inc/North Texas Research Center Project, and providing an effective date Council Member Young left the meeting with a potential conflict of interest The following ordinance was considered NO 2000-225 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN RELEASING NOTE AND DEED OF TRUST LIENS ON APPROXIMATELY 434 ACRES OF PROPERTY AS A RESULT OF THE SATISFACTION OF THE CONDITIONS SET FORTH IN THE NOTE AND MEMORANDUM OF UNDERSTANDING FOR THE INTERNATIONAL ISOTOPES, C~ty ofDepton C~ty Council Minutes June 20, 2000 Page 14 INC/NORTH TEXAS RESEARCH CENTER PROJECT, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously 35 The Council considered adoption of an ordinance authorizing the Mayor or C~ty Manager to enter into a Master Agreement Governing Local Transportation Project Advance Funding w~th the State of Texas, acting by and through the Texas Department of Transportation, and prowdmg an effective date The following ordinance was considered NO 2000-226 AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO A MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motaon earned unammously 36 The Council considered adoption of an ordinance of the C~ty of Denton, Texas, denying TXU Electnc's request to close, modify or delete certain retail tariffs pursuant to Substantive Rule 25 241 requesting rewsmns to various retail rates of TXU for sale of electric service to ~ts customers m the C~ty of Denton, Texas, ordalmng other prows~ons related to the subject matter hereof, and prowdmg for an effective date The followmg ordinance was considered NO 2000-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING TXU ELECTRIC'S REQUEST TO CLOSE, MODIFY OR DELETE CERTAIN RETAIL TARIFFS PURSUANT TO SUBSTANTIVE RULE 25 241 REQUESTING REVISIONS TO VARIOUS RETAIL RATES OF TXU FOR SALE OF ELECTRIC SERVICE TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS, ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF, AND PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, Durranee seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unanimously C~ty of Denton C~ty Council Minutes June 20, 2000 Page 15 Counml Member Young returned to the meeting 37 The Council considered approval of a resolution cancehng the regular City Counml meeting of July 4, 2000 and July 18, 2000 and the City Council Work Session of July 11, 2000, and provxdmg an effective date The followxng resolution was considered NO R2000-30 A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF JULY 4, 2000 AND JULY 18, 2000 AND THE CITY COUNCIL WORK SESSION OF JULY 11, 2000, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Knstoferson seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 38 The Council considered approval of a resolution nominating a member of the Board of Managers of the Denco Area 9-1-1 District, and declanng an effective date Kathy DuBose, Assistant C~ty Manager for Fiscal and Municipal Services, stated that Harlan Jefferson was willing to be reappmnted The following resolution was conmdered NO R2000-031 A RESOLUTION NOMINATING A MEMBER OF THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE Burroughs motioned, Young seconded to nominate Harlan Jefferson and approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously 39 The Council considered approval of a resolution appointing a member to the Board of Directors of the Texas Mumc~pal Power Agency, and declanng an effective date The following resolution was considered NO R2000-032 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, AND DECLARING AN EFFECTIVE DATE Caty of D~uton Caty Council Minutes June 20, 2000 Page 16 Knstoferson motioned, Burroughs seconded to appoint George Hopkans and approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously 40 The Council considered nomanatlons/appomtments to City Boards and Commissions Mayor Pro Tem Beasley nominated Dick Smith to the Pubhe Utlhtles Board Knstofersun motaoned, Burroughs seeunded to suspend the rules and vote on the nomanataon On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motaon earned unammously On roll vote for the nomination, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion canned unammously Council made additional nomanatlons as andacated by Attachment A 41 New Business The following atems of New Business were suggested by Council for future agendas A Council Member Durranee asked for a reconsaderataon of the Wild Wood Inn's hours of operation of food service dunng weekend times B Council Member Young andacated that there was a feeling that the Polace Department was engaging an racial profiling m Fred Moore Park He requested a work sessaon item that included a staff report on all rackets, fines and arrests an the area from Prairie, Bradshaw, Wilson and Lakey Streets along with the amount of money generated from rackets and fines in that area He requested a comparison to other parts around the other parks an Denton such as North Lakes and South Lakes parks 42 Items from the City Manager Caty Manager Jez remanded the Council of the AMCC conference materials and the June 30th TML Leglslatave Briefing 43 There was no contmuataon of Closed Meeting under Sections 551 071-$51 086 of the Texas Open Meetings Act 44 There was no officaal action on Closed Meetang under Sectaons 551 071-$$1 086 of the Texas Open Meetings Act With no further business, the meetang was adjourned at 12 26 p m JENNIFER WALTERS EULINE BROCK, MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 22, 2000 The City of Denton City Council held a joint meeting with the Development Code Committee on Thursday, June 22, 2000 at 6 30 p m In the Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Cochran, and Knstoferson ABSENT Counell Members Burroughs, Durrance, and Young 1 The Council chscussed, determined and gave staff direction about potential revisions to the Development Code process and the schedule for completion of the Development Code Rewrite Mayor Brock presented a history of the process and a review of the duties of the Committee She felt there was a need to clarify the process from this point forward She asked ~f the Committee could hold two intensive sessions on July 24th and August 11th m order to finahze the review Only a draft code was needed at that point m time and not a fimshed product Council felt that there should be no pubhc rewew process until after the start of the public school year Council also thought of reducing the quorum of the Committee from 8 to 6 The Council and Committee discussed reducing the quorum of the Committee from eight to slx members Comments from the Cotmc~l and Committee included what was the scope of work for the committee, whether the committee had authority to make recommendations or just rubber stamp what the consultant was developing, and expectations of the committee on its scope of work Council Member Durranee arnved at the meeting Comments/Cuneerns of the Committee included Frustration on the way the meetings were conducted with too many presentations and not enough time spent on reviewing the document The consultant was not open to suggestions by the Committee The Committee's perception of the plan was more urban/metro rather than suburban - not reflective of a Texas cxty To date, the Committee had not received the revised document to review Questions regarding the make-up of the document were left unanswered City Manager Jez felt that the sequence of events were that the City adopted the Denton Plan and following that adoption, entered into a contract w~th the consultant to write a code that captured the spirit of that plan Following that contract, a citizen committee was formed to review the technical work done by the consultant and staff It was his understanding of the charge to the Committee was to not rewew the code lme by line and vote on that work the technicians did but advise the consultant where the committee was m agreement with the technicians and staff or C~ty of Donton C~ty Council Minutes June 22, 2000 Page 2 pmnt out areas to the techmcmns and staff that were ancons~stent wath the values of the commumty At that point the code w~th comments and critiques of the Committee would go through the Planmng and Zoning Commission and c~t~zens and the Council would finahze the document, He had heard that the Committee wanted authority to d~rect the techmman to change the plan that was different from that the charge to the Commattee as stated an the ordinance Bob Shelton felt that the Committee was trying to mmmmanage a document written by an expert and that was not what the Committee should be doing Council Member Durrance felt that there needed to be a reasonable tametable to complete the process ~n order to have ~t for pubhc input The Committee felt that the comments ~t made were not noted anywhere m the document C~ty Manager Jez felt that there were three ~ssues the Council needed to address clarify the charge of,committee for a better understanding of what was expected of the Commattee, clarify what would be the expected product of the Committee (majonty/m~nonty opinion or somethtng different), and an agreement on a schedule ~n terms of dehvery The Council and Committee finalized the ~ssues 1 The charge of the Committee was to mmew the techmcal work of the consultant and prowde Counml w~th feedbacl~recommendat~ons on the techmcal work 2 The consultant would hsten to the Commattee's comments about the document and ~f vahd, an the techmcal judgment of the consultant, incorporate those comments into the document If the consultant felt the comments were ~nvahd per h~s techmcal expertise, the Committee would have an opportunity to prowde separate feedback on the issue Comments would be noted from the Committee on where they d~sagreed w~th what the consultant had written 3 The Council would proceed w~th the changing of the number of Committee members needed for a quorum 4 The Committee would determine a t~me hne for completion of ~ts work ~n order to have adequate t~me to review the rematmng portions of the document W~th no further business, the meeting was adjourned at 9 00 p m JENNIFER WALTERS EULINE BROCK, MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF~ DENTON, TEXAS Attachment A , BOARDS/COMMISSION NOMINATIONS ..... RT ADVISORY BOARI_ Dmt Current Member Nomination Term Councd 7 Terry Garland Terry Garland 1998-00 Brock 3 Ann Houston 1998-00 Cochran 4 Joe Roy Joe Roy 1998-00 Knstoferson 5 Ranald KeMnn Ronald Keaton 1998-00 Beasley ...... ~L SHE!.TER ADVISORY BOARD Dmt Current Member Nommat~on Term Council 2 Joella Orr 1998-00 Durrance 5 Lasa Zottarelh Lma Zottarelh 1998-00 Beasley 6 Hamet Aronson 1998-00 Burroughs ...)ARD OF ADJUSTMENT Dmt Current Member Nomination Term Couned 5 Bob Manmng Bob Manmng 1998-00 Beasley 2 Robyn Mullendore Robyn Mullendore 1998-00 Durrance ....... iUNITY DEVELOPME1N .' ADVISORY COMMITTEE Dmt Current Member Normnat~on Term Council 5 Lma H~nojosa Lma H~nojosa 1998-00 Beasley 6 Barbara Stmnett Barbara St~nnett 1998-00 Burroughs 7 Jean Ellen Rogers 1998-00 Brock 3 Sondra Ferstl Sondra Ferstl 1998-00 Cochran 5 Ann Hatch 1998-00 Beasley ,.,.,,,OTRUCTION ADVISOK. & APPEALS BOARD Dmt Speclahty Current Member Nomination Term Councd 2 Assocmted w~th Henry Pdfe 1999-00 Durrance constluctlon, development or real estate 4 Arcbatect or Engineer Alan Nelson Alan Nelson 1999-00 Knstoferson 1 )N HOUSING AUTHORITY Seat Current Member Nom~natmn Term 7 Ray Bejarano Ray Bejarano 1998-00 Brock 7 Bob Crouch 1998-00 Brock ['ORIC LANDMARK COMMISSION D~st Current Member Nonunatlon Term Councd 3 Mark Sandel Mark Sandel 1998-00 Cochran 7 Peggy Norton Peggy Norton 1998-00 Brock 2 Jim I~hrkpatnck 1998-00 Durrance ...... N SERVICES ADVISORY COMMITTEE Dlst Current Member Nomination Term Councd 6 Ten Rheault 1998-00 Burroughs 7 Carol Brantley 1998-00 Brock 2 Bettye Myers 1998-00 Durrance 4 Wallace DUVall Wallace Duvall 1998-00 Knstoferson KEEP DENTON BEAUTIFUL [IOARD Dlst Current Member Nomination Term Cotmcd 1 C~thenne Bell 1998-00 Young 2 Lee H~pple 1998-00 Durrance 6 Jean Greenlaw 1998-00 Burroughs 7 Jean Hln0losa 1998-00 Brock ,3 Juhe Scharnber~, 1998-00 Cochran 4 Vacant 1998-00 Knstoferson RY BOARD D~st Current Member Nommatmn Term Council 7 Teresa Starrett Teresa Starrett 1998-00 Brock 3 Eva Cadwallader Eva Cadallader 1998-00 Cochran 4 Ema Ruth Russell 1998-00 Knstoferson 2 I PARK ~ AND RECREATION BOARD Dlst Current Member Nomination Term Council 3 Dale Yeatts Dale Yeatts 1998-00 Cochran 2 Brandon Barnes 1998-00 Durrance 4 Brenda phllhns Brenda Phfllms 1998-00 Knstoferson ~ING AND ZONING COMMIRRION Dlst Current Member Nomination Term Council 3 SgIW Rmhel 1998-00 Cochran 5 Jim Engelbrecht 1998-00 Beasley 6 Perry McNefll 1998-00 Burroughs PUBLIC UTILITIES BOARD Dlst Current Member I Nomination Term Council 3 Bill Cnese I 1996-00 Cochran TMPA BOARD OF DIRECTORS Seat Current Member Nomination Term o George Hopktns George Hopkins 1998-00 ALL . ~._~.. lC SAFETY COMMISSION D~st Current Member Nomanat~on Term Council 6 Greg Sawko Greg Sawko 1998-00 Burroughs 1 Fred Hill 1998-00 Young 2 Barry Walters Barry Walters 1998-00 Durrance 3 Sflvla Lesko Salvia Lesko 1998-00 Cochran 4 Larry Lute 1998-00 Knstoferson 3 CITY OF DENTON CITY COUNCIL MINUTES June 27, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meetang on Tuesday, June 27, 2000 at 5 15 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, and Knstoferson ABSENT Council Members Durrance and Young 1 Closed Meeting A Dehberatlons Regarding Certann Public Power Utilities Competitive Matters - Under TEX GOV'T CODE Section 551 086 (1) Considered approval of an ordinance providing for, authorizing, and approving an Agreement By and Between the City of Denton and Andrew Corporation for Electric Service, determunng that sand Agreement pertanns to a competmve electric matter, approving the expenditure of funds therefor, providing an effective date, and discussed, deliberated, considered, voted, and took final action thereon B Consultation with Attorney - Under TEX GOV'T CODE Section 551 071 (1) Discussed and considered strategy and settlement proposal with the City's attorneys in htigat~on styled City of Denton v Texas Utthties Company, et al, Cause No 2000-60109-393 currently pending in the 393~d Dlsmct Court of Denton County, and discussed legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the C~ty's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Work Session of the City of Denton City Council on Tuesday, June 27, 2000 at 6 00 p m in the Council Work Session Room 1 The Council received a report, held a discussion, and gave staff direction regarding the establishment of a County Development District and annexation or agreement not to annex regarding approximately 254 acres generally located west of Sherman Drive approximately 3,600 feet north of Loop 288 m the extratenltonal junsdmtlon of the City of Denton Lmda Rathff, Economic Development Director, stated that at the May 23rd Council meeting, Council had requested further information regarding several areas Those questions were included ~n the agenda back-up materials Jerry Clark, Director of Engmeenng and Transportation, presented a prehmmary review of the traffic study done on the proposed development Council expressed and discussed concerns regarding the traffic analysis and traffic patterns, effect on the DISD system, issues dealing with the exemption of taxes, the formation of a county development district, consideration of aunexmg the residential portion of the property at this time, and concerns regarding expansion of the CDD City of Denton City Council Minutes June 27, 2000 Page 2 Consensus of the Council m regards to the development of a CDD was to proceed cautiously with the proposal and to also continue with the annexation process with a delayed date 2 The Council held a discussion and gave staff direction regarding information concerning the City's health insurance program Diana Ortlz, Director of Fiscal Operations, stated that staff was requesting direction from Council on further mformatlon Cotmcll was requesting Council Member Knstoferson requested a basic health care "primer" Staff indicated that a work session item would be added to the July 25th special call session to discuss the health care item Specffie information would include specific comparison on self- insured programs compared to Denton's plan 3 The Council received a report and gave direction regarding acceptance of MasterCard/Vms credit cards Diana Omz, Director of Fiscal Operations, stated that one objective of the cash management program would be to speed up the receiving of cash for city services One way to do th~s would be to allow the use of credit cards for payment of city services Consensus of the Council was to proceed with the proposal plus consider the use of the web for payment of services 4 The Council received a report, held a discussion, and gave staff direction regarding gated community eons~deratmn for the Hunter's Ridge Subdivision Jerry Clark, Director of Engmeenng and Transportation, stated that the streets at Hunter's Ridge were pubhe roadways It had two access points to Lilhan Miller and each would require a gated entry A public street could not be gated The street would have to be abandoned and the landowners would have to purchase the street at a fair market value Alternative solutions would be traffic-calmmg devices such as road humps A meeting with the neighborhood would be scheduled to suggest alternatives to help with the problem 5 The Council received a report, held a d~scussion, and gave staff direction regarding the use of conservation easements, land trusts and other methods to achieve the City's open space objectives Doug Powell, Director of Planning and Development, stated that Council received information on this item at a work session on February 22nd An important question to decide was not what methods to use but rather to what end to apply them He reviewed six questions for Council consideration at noted m the agenda materials Staffwas suggesting prepanng a proposal to fund and a schedule to develop an Open Space Plan, including a process to receive pubhc input Consensus of Council was to proceed w~th the staff recommendation City Of Denton City Council Minutes June 27, 2000 Page 3 6 The Council received a report, held a dxscuss~on, and gave staff direction regarding the Development Code Rewrite project including, but not limited to, the project schedule and the role of the Code Committee Doug Powell, D~rector of Planmng and Development, stated that at a joint Council/Code Committee meetmg on July 22ha, Council chrected staff to develop a schedule to conclude their review of,the Development Code The Committee covered the topics of role of the committee, work product, schedule of the committee and completion date The Committee agreed to complete their rewew m two months In order to finahze the schedule staff needed direction on the Council's level of involvement m the Development Code rewew process Staff and the consultant intended to prepare a cohesive pubhe schedule, review program and exinb~ts that would allow the public to have cons~stant information, presentation and one code package for review and comment An all day work session was suggested to revmew the completed Development Code Consensus of the Courted was to proceed with the schedule w~th the inclusion of an all day review following the completion of the Code Committee review 7 The Council considered appointments to C~ty Council committees Jennifer Walters, C~ty Secretary, rewewed the current committees and asked Council for d~reet~on on what committee they would like to serve Council provided reformation on winch committee they wanted to serve Following the completion of the Work Sessxon, the Council convened ~nto a Special Called Session 1 The Council considered nominations/appointments to C~ty Boards and Commissions Council considered approval of the nominations made at a prior meeting Knstoferson motioned, Burroughs seconded to approve the prior nominations On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously Council made adcht~onal nominations for future Council consideration as per Attachment A 2 The Council held a pubhc heanng and considered adoption of an ordinance to amend ordinance No 99-254 which authorized the City Manager to enter into a Professional Services Agreement for planmng services to assist the C~ty with the rewrite of the Development Code with Fregonese Calthorpe & Associates and winch creates a 15-member C~ty Council appointed Development Code Committee, amend tins ordinance to change the reqmrement estabhsinng a quorum for the C~ty of Denton Development Code Committee, prowding an effective date, save and accept as amended that all other sections of Ordinance No 99-254 shall remain ~n full force and effect Doug Powell, Dxrector for Planmng and Development, stated that the only change to the previous ordinance was the number of Committee members needed for a quorum City of Denton City Counml Minutes June 27, 2000 Page 4 The following orchnance was considered NO 2000-228 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING A QUORUM TO TRANSACT BUSINESS FOR THE 15 MEMBER DENTON DEVELOPMENT CODE COMMITTEE, REPEALING CITY ORDINANCES TO THE EXTENT OF CONFLICT, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE Cochran motioned, Knstoferson seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned tmammously Additional chrectaon was given that John Fregonese would conduct the meetings and if he were not present, staff would conduct the meeting 3 The Council considered approving a ProJect Plan for 1 73 acres located on the east side of Teasley Lane approximately 700 feet south of Hmkory Creek Road A cluldcare center of approximately 14,000 square feet w~th assocmted site improvements was proposed (SP-00-010, Chddrens Lighthouse) Doug Powell, Director of Planning and Development, stated that the project had been in the system for some tame and due to the limited Council meeting schedule for July, the applicant had requested an expedited review of tins project plan Staff felt that the proposed development was consistent w~th the Denton Plan However, the project plan had not been reviewed by DRC and a negative precedent might be estabhshed if approved by Councd w~thout going through DRC Powell rewewed a hst of rewmons and/or comments associated w~th the project Bill McNabb and Mike Brown spoke regarding the Issue Knstoferson motioned, Burroughs seconded to approve the project plan with the conditions of a monument sign and not pole sign, a break in the roof line, including the standard lighting conditions, details of the fencing would be ~ncluded ~n the plan and the fact that this was an emergency consideration due to the Council's lack of meetings ~n July and the mmumstances of the previous moratorium On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Knstoferson "aye", and Mayor Brock "nay" Motion faded w~th a 2-3 vote 4 The following official action was taken on Closed Meeting Item(s) under Sections 551 071- 551 086 of the Texas Open Meetangs Act Burroughs motioned, Beasley seconded to pursue settlement negotiations as d~scussed in Closed Session with respect to litigation styled Ctty of Denton vs Texas Utthttes Co, et al On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously With no further business, the meeting was adjourned at 9 50 p m City of De~ton C~ty Council Minutes June 27, 2000 Page 5 EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Attachment A BOARDS/COMMISSION NOMINATIONS ~.~.~,.,., .' ADVISORY BOAR~ D~st Current Member Nomination Term Cotmcfl 7 Terry Garland Terry Garland 1998-00 Brock Approved 6/27 3 Ann Houston 1998-00 Cochran 4 Joe Roy Joe Roy 1998-00 Knstoferson A~nroved 6/27 5 Ronald Keaton Ronald Keaton 1998-00 Beasley Approved 6/27 ,~,~,~.,~ ~HELTER ADVISORY BOARD Dlst Current Member Nomination Term Council 2 Joella Orr 1998-00 Durrance 5 L~sa Zottarelh L~sa Zottarelh 1998-00 Beasley At~roved 6/27 6 Hamet Aronson Harnet Aronson 1998-00 Burroughs ~,~,,~, .~..-.~JUSTMENT D~st Current Member Nomination Term Council 5 Bob Manning Bob Manning 1998-00 Beasley Approved 6/27 2 Robyn Mullendore Robyn Mullendore 1998-00 Durrance Approved 6/27 COMMUNITY DEVELOPMEN r ADVISORY COMMI'I"I'EE D~st Current Member Nom~nahon Term Council 5 L~sa H~nojosa ** 1998-00 Beasley 6 Barbara St~nnett Barbara St~nnett 1998-00 Burroughs Am~roved 6/27 7 Jean Ellen Rogers Jorge Urblna 1998-00 Brock 3 Sondra Ferstl Sondra Ferstl 1998-00 Cochran Approved 6/27 5 Ann Hatch Edward Touralne 1998-00 Beasley **][ .i~a Hmo.tn~n r~ioon~d n~ nf K/~R/flfl -n~w nnmmnlhnn i~ ne~d~d .~,,,o,'RUCTION ADVISO.[Y & APPEALS BOARD Dlst Speciality Current Member Nomination Term Council 2 Associated w~th Henry Pdfe Henry Pdfe 1999-00 Durrance construction, Approved 6/27 development or real estate 4 Arclutect or Alan Nelson Alan Nelson 1999-00 Knstoferson Engmeer Approved 6/27 ~,.~,, ~ ON HOUSING AUTHC2tITY Seat Current Member Nomination Term 7 Ray Bejarano Ray Bej arano 1998-00 Brock Approved 6/27 7 Bob Crouch 1998-00 Brock ...... RIC LANDMARK COMMISSION Dmt Current Member Nomination Term Councd 3 Mark Sandel Mark Sandel 1998-00 Cochran Approved 6/27 7 Peggy Norton Peggy Norton 1998-00 Brock Approved 6/27 2 J~m K~rkpamck 1998-00 Durrance .~,~,~.N SERVICES ADVISORY COMMITTEE D~st Current Member Nom~natton Term Counml 6 Ten Rheault Ten Rheault 1998-00 Burroughs 7 Carol Brantley Carol Brantley 1998-00 Brock 2 Bettye Myers 1998-00 Durrance 4 Wallace Duvall Wallace Duvall 1998-00 Krlstoferson ADoroved 6/27 .... ~RY BOARD Dlst Current Member Nomination Term Councd 7 Teresa Starrett Teresa Starrett 1998-00 Brock Approved 6/27 3 Eva Cadwallader Eva Cadallader 1998-00 Cochran Approved 6/27 4 F. ma Ruth Russell 1998-00 Knstoferson 2 D~st Current Member Nom~nataon Term Council 3 Dale Yeatts Dale YeaRs 1998-00 Cochran Aooroved 6/27 2 Br~n~don Barnes 1998-00 Durrance 4 Brenda Pbalhps Brenda Phflhps 1998-00 Knstoferson Approved 6/27 ~ ~,~.,,~.G AND ZONING COMMISSION Dast Current Member Nomanataon Term Council 3 Salty Rashel Salty Pdshel 1998-00 Cochran 5 Jim Engelbrecht 1998-00 Beasley 6 Perry McNefll Perry McNefll 1998-00 Burroughs PUBLIC UTILITIES BOARD D~st I Current Member Nomination Term Cotmcfl Ball G~ese 1996-00 Cochran ~,,~, ,-~ .,..ARD OF DIRECTO~IS Seat Current Member Nomination Term 0 George Hopkans George Hopkins 1998-00 ALL Approved 6/27 · s~-~'-'--~ o.~,,~,,2,TY COMMISSION Dast Current Member Nommatmn Term Council 6 G-reg Sawko Greg Sawko 1998-00 Burroughs Approved 6/27 1 Fred Hill 1998-00 Young 2 Barry Walters Barry Walters 1998-00 Durrance Approved 6/27 3 Sflvm Lesko Sflvm Lesko 1998-00 Coehran Approved 6/27 4 Larry Luce 1998-00 Knstoferson 3 CITY OF DENTON CITY COUNCIL MINUTES July 14, 2000 The Clty Council held an Informational Briefing Session on Friday, July 14, 2000 at 11 30 a m m the Council Work Session Room PRESENT Mayor Pro Tem Beasley, Council Members Cochran, and Durrance ABSENT Mayor Brock, Council Members Burroughs, Krlstoferson and Young 1 The Council received a report regarding the progress of the Development Code Rewrite As a quorum of the Council was not present, m~nutes were not taken at this meeting JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Item_ AgendaDate '~/,~, AGENDA INFORMATION SHEET AGENDA DATE: July 25, 2000 DEPARTMENT: Parks and Re. on Department ACM: David Hill SUBJECT: A resolution of the City of Denton, Texas, designating certain officials as bcmg responsible for, acting for, and on behalf of thc City in dealing unth the Texas Parks and Wildlife Department, for the purpose of participating in the Texas Recreation & Parks Account Grant Program, certlf3qng that the City is eligible to receive program assistance, certafymg that the City's matching share is readily avmlable, and dedicating the proposed site for permanent public park and recreational uses BACKGROUND: The Parks and Recreation Department will submit a grant application by July 31, 2000 to the Texas Parks and Wildlife Department to fund the acqmsmon and development of Cross Timbers Park m far south Denton Part of the grant requirement is for the City Council to adopt a resolution (Exhibit A) to (1) designate the City Manager to act on behalf of city related to the grant, (2) cerUfy that the city is ehglble to receive program assistance (3) dedmatmg the proposed site for permanent public park and recreational uses and (4) that the city's matching share for the grant is readily avtulable at this time The matclung grant is funded through the Texas Recreation and Parks Account Program (TRPA), established m 1993 TRPA provides 50% matching grant assistance to ehglble local governments throughout Texas for the acqmsxtlon and development of public recreation areas and facilities TRPA receives $15 5 million each year from a portion of the state sales tax on sporting goods Grant awards are based on needs determined through local planning efforts and other issues identified through public heanng processes Applications are assessed for ehglblhty and then pnonUzed by TPW staff by using a sconng system The maximum award for any project is $500,000 Staff has held one formal neighborhood meeting to review the master plan, and will hold a subsequent meeting on July 20, 2000, 7 00 p m at McNmr Elementary In addmon, a citizens group has organized and mltaated fund rinsing for this project Their efforts have helped define the future of park development in this area To learn more about their vision for Cross Timbers Park, visit their webslte at www crosstimbers org Cross Timbers Park includes approximately 70 acres of land along Fletcher Branch of Hickory Creek in far south Denton, including land that was dedicated as part of the R~ver Oaks development in 1998 Thts greenbelt property includes unique environmental and ecological characteristics and will be developed to include nature trails, educational and xnterpr~tive areas, an outdoor nature classroom (curnculum programmed by McNalr Elementary), and other nexghborhood park elements (playgrounds, p~cmc areas, multi- purpose courts, etc ) OPTIONS: The Cxty Counml may choose to approve the resolution allowing the caty to participate m grant project, allowing development of the Cross Timbers Park project to occur m an accelerated time frame. The other alternative is to phase construction of park elements based on current funding levels RECOMMENDATION: Staff recommends that the Cxty Council approve the resolution ESTIMATED SCHEDULE OF PRO,IECT: The grant appllcatxon ~s due to Texas Parks and Wlldhfe Department by July 31, 2000 for review Grant awards are announced xn January 2001 If the C~ty of Denton should receive the grant funds, the project must be completed vathm three years PRIOR ACTION/REVIEW: The Parks and Recreation Board unanimously passed a resolutxon of support (Exhibit B) of the grant apphcatlon FISCAL INFORMATION: The city's $500,000 match for this project will come from the following sources appraised value of 28 9 acres of park land to be dedicated from the Ryan Ranch development, private donations (current total $13,900), private m~tigat~on payment ($30,000), Park Land Dedication and Development Funds (current total $111,713), CIP funds for trail development ($100,000) Operation and mmntenance costs will ~mpact the Oeneral Fund budget when the project is complete BID INFORMATION: Does not apply MAP ' See Exhabat C Respectfully submxtted Ed Hodney, DlrectorJ Parks and Recreat~oh Department Jan~{ ~lmpson, AsSistant Director Parks and RecreatiOn Department 2 S \Our DocurnentskResolutlons\00\Tex Parks & Wlldhfe Grant doc RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, DESIGNATiNG CERTAiN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY iN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, CERTIFYiNG THAT THE CITY IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE, CERTIFYING THAT THE CITY'S MATCHiNG SHARE IS READILY AVAILABLE, AND DEDICATiNG THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES WHEREAS, the Texas Legislature has approved the Texas Recreation & Park Account Grant Program (the "Program") pursuant to Section 24 of the Parks & Wddhfe Code for the purpose of allowing the poht~cal subd~vlsmns of the State of Texas to participate In the Program, and WTiEREAS, the City of Denton, Texas ~s fully ehg~ble to receive assistance under the Program, and WHEREAS, the C~ty of Denton ~s destrous of authorizing an official to represent and act for the C~ty m deahng w~th the Texas Parks and Wddhfe Department (the "Department") concerning the Program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DENTON, TEXAS SECTION 1 The C~ty of Denton, Texas (the "Apphcant") hereby certffies that ~t is ehg~ble to receive assistance under the Program SECTION 2 The Apphcant hereby certffies that the matching share for th~s apphcatmn ~s readdy avmlable at thru t~me SECTION 3 The Apphcant hereby authorizes and d~rects xts C~ty Manager or h~s designee, to aet for the Apphcant m deahng w~th the Department for the purpose of the Program, and the Ctty Manager ~s hereby officmlly designated as the representative ~n th~s regard SECTION 4 The Apphcant hereby spemfically authorizes such offimal to make apphcat~on to the Department concerning the s~te to be known as Cross T~mbers Park m the C~ty of Denton for use as a park s~te The Cross Timbers Park ~s hereby dedicated (or w~ll be dedicated upon completmn of the proposed acqms~t~on) for pubhc park and recreation purposes ~n perpetmty EXiHIBIT A 3 S \Our DocumentsXResolutmns\00\Tex Parks & Wddhfe Grant doc PASSED AND APPROVED th~s the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION Resolution of Support A RESOLUTION SUPPORTING THE PARTICIPATION OF THE DENTON PARKS AND RECREATION DEPARMTENT IN THE GRANT PROCESS FOR FUNDS ASSOCIATED WITH THE TEXAS RECREATION AND PARKS ACCOUNT PROGRAM AS CONDUCTED BY THE STATE OF TEXAS THROUGH THE TEXAS PARKS AND WILDLIFE DEPARTMENT WHEREAS, the Parks and Recrealson Department is responsible for the planning, orgamzmg, and operation of all City recreation programs and the constmcuon and maantenanee of all City owned open space, parks, and cemeteries, and WHEREAS, we believe this grant apphcat~on reflects sound funding pnnclpals on the part of the Parks and Recreation Department and the City of Denton, and WHEREAS, the faclhty wtueh will be developed v~ll greatly impact the eommumty's ability to participate m leisure recreation activities, and WHERAS, we believe that funding this application would result in increased outdoor recreation opportumt~es for the clt;zens of Denton, BE IT RESOLVED THAT THE PARKS AND RECREATION BOARD OF THE CITY OF DENTON, TEXAS, states its enthusiastic support for and belief in the Parks and Recreation Department's effort to acquire needed Texas Recreation and Parks Account funds for desired development at Cross Timbers Park Don Edwards, Chairman Dalton Gregory, Vice Chmrman Gwendolyn Carter, Board Member Dale Yeatts, Board Member Brandon Barnes, Board Member Teresa Andress, Board Member Brenda Pbahps, Board Member EXHIBIT B / Cross Timbers Park PRIVATE UJ oAKS OF MONTECITO ' RYAN RANCH '~,, MCNAIR \ \ ELEM __ ross T,mbers Park ~ORTH EXHIBIT C 6 Agenda Item_. AGENDA INFORMATION SHEET AGENDA DATE: July 25, 2000 DEPARTMENT: Parks and Reef, e~ ACM: Dave Hfil-~'~ SUBJECT: Consider a resolution adopting the Perks and Recreation Plan of the City of Denton, and provl&ng an effective date BACKGROUND: In September 1999, the Clty Council approved a contract w~th Carter-Burgess, Inc (CB) to draf~ a new master plan to grade the promslon of new perks, recreation fatalities and open spaces Also mcinded m the CB scope of serwces was the development of a mobility plan that would recommend routes for pedestrian and bicycle paths In addition to providing recommendations for recreational and pathway improvements, flus plan wffi also qualify the City for matching grant funds fi.om the Texas Reereation and Perks Fund, admuustered by the Texas Perks and Wildlife Depa~hnent The department mtends to submit a grant request for the acqmsmon and development of Cross Timbers Perk later flus month The plan relies heavily on considerable public input The M A R C study of parks and recreation needs was based on a random sample telephone survey that resulted m 401 completed responses In excess of 300 adchtlonal suggestions were gathered by the 2000 Blue Pabbon Comnuttee, fi.om wluch were formed the committee's recommendauons for the recently approved CIP The recommendations fi.om both of these efforts were remerkably smuler Several public meetings have been held m the development of flus plan, mcludmg the most recent meetings on July 6th and 1 lt~ The plan's prioritized recommendations were estabhshed by a sconng system that gave the greatest weight to projects selected by cmzens in the needs assessment phase The Parks and Recreation Boerd, City staff and the consultant participated in the sconng process. ProJects ~ven "High" and "Moderate" ranlong in the Plan include · Outdoor fermly aquatic center · H~ke/blke trmls · Nature trmls · Teen center · Indoor svommmg · Semor center · Skate perk/m-lme hockey · Recreation center · Soccer, softball and baseball fields · Fitness center · Golf course A final, draft of the plan ~s included m your back-up materials The plan includes the following elements Inventory of existing parks, open spaces, recreational facdmes (including DISD campuses) and recreation programs Standards for park acreage and recreaUon fac~lmes, adopted m the Denton Plan Needs assessment, based on citizen input obtained through the May 1999 M A R.C telephone survey, the Denton Plan process, the work of the 2000 Blue Pabbon Comnuttee and other sources · Prioritized recommendations, derived through a weighted scoring system Tlus section also includes an estimate of expenditures for each of the recommended facxlmes. · The Implementation section addresses potential funding end other strategies to fulfill a Five-Year Action Plan. RECOMMENDATION: That the C~ty Council pass the proposed resolution adopting the Plan OPTIONS: In order to ensure the Texas Parks and Wtldhfe Department's favorable consideration of the Cross Tmabers Park grant project, the Parks, Recreation and Open Space Plan must be submitted to the state flus month The Plan, including ~ts prioritized recommendations, may be amended at any tune by the C~ty Council ESTIMATED SCHEDULE OF PROJECT: Tlus action w~ll conclude flus project. PRIOR ACTION/REVIEW: Council reviewed a draft of the Plan on April 27th, and d~rected staff to proceed The Parks and Recreation Board voted to recommend approval of the Plan at thetr meeting on July 13th FISCAL INFORMATION: No ftmdmg ~s reqmred by the approval of the Plan or the resolution EXHIBITS: Exhibit A--Resolution Exhibit t~ Park Board Minutes Exbab~t C--New Parks Plan Respectfully submitted Ed Hodney, D~rector/Parks end Reereation F ~admin\Clty Councfl~Park Ma~ter Plan Agenda Sheet 7-25-00 doc 2 RESOLUTION NO A RESOLUTION ADOPTING THE PARKS AND RECREATION PLAN OF THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton Parks and Recreation Department has prepared a Parks and Recreation Plan, a copy of winch ~s attached hereto and ~ncorporated here~n by reference (the "Plan"), and WHEREAS, on July 13, 2000, the Parks and Recreation Board recommended approval of the Plan, and WHEREAS, the C~ty Council finds that the Plan ~s in the pubhc interest and ~n the best ~nterests of the health, safety and general welfare of the c~t~zens of the City of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Caty Council of the C~ty of Denton, Texas hereby adopts the Plan SECTION 2 Tins resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED tins the __ day of ,2000 MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 3 Parks and R~reation Advisory Board~uly 2000 F HIBIT Dema Recreation Center Members present Don Edwards, Dalton Gregory, Brenda Pinhps and Brandon Barnes Members absent Teresa Andress (unexcused), Dale YeaRs (unexcnsed), and Gwendolyn Carter Staff present Ed Hodney, Janm McLcod, Janet Simpson, Bob Tlckner and Kathy Mosby Chacrman Don Edwards called the meeting to order at 6 03 p m Dalton Gregory moved that the mmutes from the May 25, 2000 meeUng be approved Brandon seconded the motion and the moUon passed ACTION ITEMS Park b~ystern Master Plan Ed reviewed the process for gemng citizen mput survey completed by MARC, suggestions gathered by the Blue Pdbbon Comrmttee winch formed the comrmttee's recommendations for the recently approved CIP, and several public mectings Ed also revaewed the major recommendations from the prioritized list, compded from the recommendations established by a scoring system that gave the greatest weight to projects selected by citizens m the needs assessment phase Ed smd the plan mcluded the following elements mventory of existing parks, open spaces, recreational faclhtms (mcindmg DISD campuses) and recreation programs, standards for park acreage and recreation facllmes, adopted m the Denton Plan, needs assessment, based on citizen mput obtained through the May 1999 M A R C telephone survey, the Denton Plan process, the work of the 2000 Blue Pobbon Comrmttee and other sources, prioritized recommendations, derived through a weighted sconng system The recommendations also ~nclude an esttmate of expenditures for each of the recommended fatalities The ~mplementatlon section addresses potential funding and other strategqes to fulfill a Five-Year Action Plan Brenda Phillips commented that the report mirrors what she had heard at the public meetmgs ACTION Brenda Phillips made a motion to approve the Park System Master Plan Dalton Gregory seconded the motion and it was approved unammously Consider Approval of Resolution Supporting the Cross T~mbers Grant Apphcat~on Janet Stmpson smd that a grant application would be submitted to the Texas Parks and Wildlife Department to fund the acqmsltlon and development of Cross Timbers Park in far south Denton Staff requested that the Board adopt a resolution of support to include m the grant application ACTION Dalton Gregory made a motion to support the resolution for the grant application Brenda Pinlhps seconded the motion and it passed unan~monsly DISCUSSION ITEMS Recetve a Report and Discuss Opttons for Managing the Ltghted Outdoor Multi-Purpose Court at Goldfield Tennis Center Janet Simpson d~scussed the problems at the Goldfield Tenms courts and the adjacent utility courts used by basketball players Several cmzens were present to 4 express their concerns about the behavior and profamty use by the basketball players, the instructors not being heard over the language and music wtule g~wng lessons, thetr safety when leaving the tenms courts at mffht, and the need for addmonal tenms courts for tournaments and regular play A gentleman asked if the basketball players could play ms,de the reereat~on center Ed Hodney commented that there is a vast d~fforence between indoor basketball verses outdoor play Heather Gray, with North Lakes Recreation Center, smd that the gym is being used for other programs and there ~s hrmted ttme for "f~ee play" when p~ck-up games can be played The cmzeus agreed that the basketball players should have a place to play but added that basketball and tenms are incompatible sports Dalton Gregory asked how long has the problem existed Cathy Avery, Manager at Goldfield Tenms Center, responded that it has been an on-going problem since 1983 Dalton asked why there haven't there been additional courts added Cathy responded that funding has not been avmlable Janet Snnpson smd that the short-t~u~ solution would be to take down the goals during tenms tournaments Janet added that the long-term solution ~s proposed m the North Lakes Park Master Plan Phase I The plan shows new utlhty courts located m the north s~de of the park next to the soccer fields Janet smd that Park Dethcat~on Fees and Park Mmntenance Budget could assist voth the funding of ackht~onal tenms courts DIRECTOR'S REPORT ProJect Status Report Bob rewewed the ProJect Status report and responded to quest~ous Keep Denton Beautiful Report The report was presented for the Board's rewew Items for Next Meeting )~ Safety Issues m the Parks - Brenda Ptulhps )~ Upgrade of the Action Sites - Dalton Gregory )~ Update on Youth Sports (Co-spousorslup agreement to the Board m September ) There bemg no further business, the meeting was adjourned at 7 37 p m 2000 DENTON PARKS & RECREATION MASTER PLAN AND PEDESTRIAN & BICYCLE LINKAGES PLAN City of Denton, Texas July 2000 Prepared By: Carter, Burgess ¢onsullants ~n Planning, E~nee,ng, ~ch~tedure, Constru~on Management, and Rela~ Services Copynght 2000 by Carter & Burgess, Inc City Council Mayor- Euhne Brock Mayor Pro Tern and At-Large - Ron~ Beasley At-Large - Mark Burroughs D~stnct 1 - Carl G Young, Sr D~stnct 2 - Ne~l Durrance D~stnct 3 - M~ke Cochran D~str~ct 4 - Sandy Knstoferson City Administration C~ty Manager- M~chaei W Jez Assistant C~ty Manager- Dave H~II D~rector, Parks & Recreation - Ed Hodney Parks & Recreation Advisory Board Brandon Barnes Brenda Ph~lhps Gwendolyn Carter Teresa Andress Don Edwards Dale Yeatts Dalton Gregory July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Parks & Recreation Department Ed Hodney- Parks and Recreation D~mctor Janet S~mpson - Assistant Director Bob T]ckner - Superintendent Planning and Construction Kathy Mosby - Supenntendent of Leisure Services Cathy Avery - Athletics / Aquatics Manager Amanda Green - Recreation Centers Manager Teresa Salazar - Special Events Manager Kathy Shaeffer - Youth Services Manager Emerson Voml - Park Operations Manager Lorraine McGregor- Public Information Spec~ahst Carter & Bur.qess, Inc. Dennis Jerke, ASLA, Prmc~pal-ln-Charge Philip Neeley, ASIA, Planner/Landscape Architect/Quality Assurance Juha A Perkins, RLA, Planner/Landscape Architect/Project Manager James Kindred, CADD Support Denise Shelton, Administrative Assistant July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B,cycle Linkages Plan Table of Contents PaRe I Executive Summary 1 II Introducbon 16 Purpose 21 Goals and Strategies 22 Use of Master Plan 24 III Methodology 25 Elements of the Park Master Plan 25 Planning Process D~agram 26 IV Inventory 29 Summary Inventory Table 86 Joint Use Fac~litms 88 Recreation Programs 93 Sports Programs 98 Denton Population Estimates 100 V Standards and Gu~dehnes 102 Park Classification System 102 Park Acreage Standards 104 Companson of Park Land Acreage and Denton Standards 105 Companson of Facility Development and Denton Standards 110 VI Needs Assessment 112 VII Recommendat~ons/Pnorit~es for Master Plan 125 Summary of Pnonty Items 126 Recommendations for Land Acquisition 127 Recommendations for Facility Improvements 128 Expenditure Analys~s 131 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan VIII Implementabon 134 Polic~es and Ordinances 134 Funding Sources 136 F~ve Year Action Plan 140 Plan Update and Refinement 146 IX Denton Pedestnan & B~cycle Linkages Plan 148 X Appendix 156 A C~ty of Denton Landscape Ordinance B C~ty of Denton Park Dedication Ordinance ~ IV July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan List of Illustrations Regional Location Map 20 Ex~sbng C~ty Parks 90 Ex~sbng Fac~hties Map 91 Ex~stmg Schools 92 Ex~sbng Neighborhood Park Service Areas 108 Ex~st[ng Community Park Service Areas 109 F~ve Year Action Plan Map 147 Sidewalk Sketches 152 Bike Route Sketches 153 Greenway Sketches 154 Pedestnan & B~cycle L~nkages Plan 155 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan I. Executive Summary Purpose of the Plan Attractive, safe and well-maintained public parks, open spaces and recreabon fac~hbes are essential elements of Denton's ~mage and quahty of I~fe If strategically placed and equitably d~str~buted, they can provide a w~de array of opportunities for both ~nd~wdual and community ennchment In addlbon, parks and open spaces may serve to protect enwronmentally sensitive lands from the potentially harmful effects of urban development, wh~le preserving the recreation and transportation benefits these lands may offer Parks and open spaces are places to play, to relax, to enjoy the natural enwronment, and to connect socially w~th others ~n the commumty They can define a neighborhood and provide a cultural and h~stoncal focal point If properly designed and maintained, parks can enhance the economic value of nearby properbes L~near open spaces can be used to kn~t together neighborhoods w~th other ~mportant elements of the urban fabnc, including schools, government service centers and commercial developments Such lands can also serve as an effecbve buffer between ~ncompat~ble land uses in short, public parks and open spaces help to protect the somal, economic and aesthetic qualities that Denton values In order to preserve these qualities, the C~ty w~ll continue to expand ~ts award- w~nmng parks system as the community grows (Denton Comprehensive Plan 1999-2020) W~th th~s goal in m~nd, the c~ty selected the consultant team of Carter & Burgess, Inc to prepare a Comprehensive Parks, Recreation and Open Space Master Plan through an ~nteract~ve process ~nvolvlng the Parks and Recreation Board, the City Parks and Recreation Department, and the c~tlzens of Denton The purpose of the Master Plan is to A Prowde the framework for orderly and consistent planning and development B Provide detailed research and facts concermng the community and the roles of parks and recreation C Establish pnonties and statements of d~rectlon based on researched and documented facts and a commumty based needs analys~s July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycie Linkages Plan D Prowde d~recbon in the area of acquisition and development of park land to meet futura needs E Conform to the preparation suggestions and/or gu~dehnes for local Park, Recreation and Open Space Master Plans, preparad by the Texas Parks and W~ldhfe Department for Texas Recraatlon and Parks Account local park grant program Th~s document outlines the methods, rasults and recommendations of the Master Plan study and ~s ~ntended to be used as a guide for futura Park, Recreation and Open Space development w~thln the C~ty of Denton through the eady part of the 21st century Goals And StrateRies W~th theselpurposes m mind, the 2000 Denton Comprehensive Parks, Recraatlon and Open Space Master Plat~ was commissioned Below are the goals and strategies for the Park System as outhned by the Denton Parks and Recreation Department A DISTRIBUTION OF PARKS 1 Goal a Ensura the adequate and equitable d~stnbut[on of parks, open space and b recreation facilities 2 Strategies a Complete a new Parks, Recreation and Open Spaces Master Plan that addresses public needs in all park and open space categones and meets the C~ty's object~ves for urban design, multi-modal transportation, drainage and enwronmental conservation objectives b In accordance with adopted serwce standards for each park category, acquire and maintain sufficient land to keep pace w~th Denton's population c Develop, fund and ~mplement futura capital ~mprovements programs consistent w~th the Parks, Recreation and Open Spaces Master Plan ~ 2 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan B PARK AND OPEN SPACE ACQUISITION 1 Goal a Achieve urban design, transportation, drainage and environmental conservation object~ves through park and open space acquisition 2 Strategies a Identify land and/or easements necessary to establish a un~fied greenbelt system that achieves recreation and transportation system objectives b Identify sign~ficant scenic, h~stor~cal and enwronmentally sens~bve lands, and determine strategies to preserve them C FINANCIAL EFFECTIVENESS 1 Goal a Ensure the cost-effective prows~on of parks, open space and recreation facilities 2 Strategies a Working w~th other C~ty departments, area school d~strlcts and developers. ~dentify opportumties for clustenng rnulbple public functions w~th parks and recreation facilities ~nto neighborhood service centers Develop appropnate planning pohmes, development regulations and ~rnplernentabon strategies b Research the need for and feas~blhty of developing spec~al~zed parks and recreation facIlities that can function as profit centers, which reduce the dependency on property tax revenue and generate profits to underwnte other recreation facilities and services D RESPONSIVENESS Goal a Ensure that future parks and recreation ~mprovements are responsive to the changing needs of Denton's c~t~zens July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan 2 Strategies a Penod~cally survey the wants and needs of Denton's c~bzens for their parks and recreation system, incorporate th~s reformation ~nto rewslons of the Strategic Plan, Annual Action Plans and updates of the Parks and Recreation Master Plan b Update the Parks, Recreation and Open Space Plan at least once each 5 years To ensure that these goals and strategies were met, a Steenng Committee was assembled at the beginning of the project to rnorntor the Master Plan process throughout the study This Committee helped faclhtate communication between public officials, C~ty staff, the Park Board, the School D~stncts, and the c~t~zens of Denton The Master Plan is a result of a collaborative team effort between the C~t~zens of Denton, Carter & Burgess, Inc, the Steenng Cornnrn~ttee, the Parks and Recreation Board, and the C~ty Parks and Recreation staff Planning Process Diagram Th~s Master Plan process ~s a continuous one whmh requires evaluation by the Parks and Recreabon Department and the C~ty Council Every five years the Plan should be updated to prowde current pnorlt~es, action plans, and budget esbmates for ~mplementat~on The following pages ~llustrate the planning process for the Park Master Plan ~ 4 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Planning Process PHASE 1 Inventory/Market Analys~s A Base Map Preparation Preparation of a computer generated base map B Inventory / Supply Analys~s 1 Pubhc parks and recreation areas owned by the C~ty 2 Joint use facilities w~th Denton Independent School District 3 S~tes for preservation or conservation of natural area 4 Ex~st~ng recreation programs offered by the C~ty Number of teams and chddren participating Facilities utihzed by each Assomat~on 5 Ex~stmg non-C~ty Sponsored Recreation Sports Assoc~abons and Organizations Number of teams and ~nd~wduals part~c~pabng in each association Facilities utilized by each association C Population Analys~s 1 Population concentrating on the factors of growth, d~stnbut~on, and projected changes D Standard Analys~s 1 Determine park standards and classifications which w~ll apply to Denton community 2 Compare existing fac~ht~es to Denton s standards to determine the amounts of fac~htms and park acres needed to meet the needs of the community 3 Evaluate existing resources of the community for open space, greenbelt hnkages, parks and recreation fac~ht~es, based upon user participation ~ 5 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan E Demand Analysis and Needs Assessment 1 Rewew prewous pubhc input pertaining to parks, recreation, open space and trails 2 Summanze needs assessment ~nformat~on 3 Evaluate expressed c~t~zen needs versus available fac~ht~es PHASE 2 A Priority Analys~s 1 Complete point analys~s 2 Complete pnonty ranking system B Action Plan 1 Develop a defimt~ve program(s) for acquisition and development of park land to meet future needs 2 Develop planmng maps coordinated w~th Denton Planning and Zoning, Economm Development, Parks and Recreation, and overall City Comprehensive Plan 3 Rewew existing ordinances and prowde recommendations to Implement the Action Plan C Expenditure Analys~s 1 Complete the expenditure analys~s 2 Complete the chart of potential grant opportunities and funding sources 3 Prepare a five-year action/funding t~me-hne D Parks, Recreation and Open Space Master Plan - Preliminary Master Plan 1 Preparation of conceptual dlustrat~ve park master plan graphics 2 Presentation for the Prehminary Master Plan to C~ty Staff and Steenng Committee for approval E Parks, Recreation and Open Space Master Plan - Final Master Plan 1 Preparation of final narrative and color CADD exhibits/maps from City review comments 2 Presentation of Park, Recreation and Open Space Master Plan to Denton July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Recommendations for Land Acquisition One of the stated goals of the Denton Parks and Recreabon Department ~s to ensure the equitable d~stnbut~on of parks, open space and recreabon fac~ht~es Only through new acquisition and development w~ll the C~ty be able to keep pace w~th the growing populabon of Denton Dunng thel needs assessment phase, the Parks/Recreation/Beautification/Arts Committee ~ncluded land acquisition and a budget estimate ~n their development priorities Acquisition was targeted for rap~d growth areas ~n far south and far east Denton The City of Denton owns 1004 55 acres of land, as of January 2000 As compared to Denton's adopted standards and guidelines, and w~th a current population of 77,300, the c~ty has a shortfall ~n the commumty park category, w~th a surplus ~n the Neighborhood and C~tyw~de Parks category Based on the Park Classification System (page 102), the C~ty specifically needs to acquire the following acreages to meet the current population needs of Denton YEAR 2000 Commumty Park 156 90 Acres 156 90 Total Land Acquisition (To meet 1999 population of 77,300, see page 107) As the C~ty continues to grow towards its projected 2010 population of 119,250, the shortfall ~n park land w~ll ~ncrease Specifically, the C~ty w~ll need to acquire the following acreages ~n three (3) of the park categones to meet the proJected populabon needs of Denton d Park 84 77 Acres Community Park 282 75 Acres C~tywide Park 282 75 Acres 650 27 Total Land Acquisition (To meet 2010 population of 119,250, see page 107) The City of Denton has a Parkland Dedication Ordinance (see appendix B) that reqmres developers, to provide neighborhood park land and fund ~ts ~n~t~al development A formula ~s used to calculate acreage or dollar equivalents that developers must donate to the C~ty when their developments are platted Because the City w~ll conbnue to receive park land acres as new residential areas are developed, the need for neighborhood park land s~tes ~s not as prevalent However, the Five-Year Action Plan does show where new neighborhood parks w~ll be added over the I~fe of the Plan These target areas represent neighborhoods ~n which park land dedication has not occurred, but where ~t must be acquired The park dedication fees collected from new development in these target areas w~ll fund th~s acquisition The focus of land acquisition should sh~ft to larger tracts that could accommodate commumty parks, greenway corndors and natural open spaces ~ 7 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle LJnkages Plan Land acquisition along the major creek corridors w~ll be ~mportant to provide for recreational greenways Greenway corndors help maintain npanan habitats, reduce the dangers of flooding, and protect the natural environment Open spaces and natural areas can also become connecbons from res~denbal neighborhoods to schools, parks, shopping centers, and other destinations (see Pedestrian and Bicycle L~nkages Plan, page 148) The C~ty of Denton should begin to acquire available park land tracts that are 30 acres or larger in s~ze These larger tracts would meet the primary need of community parks, greenway corndors and natural open spaces The C~ty should concentrate ~ts efforts to prowde more park land and recreation opportumbes to current and future residents ~n the rapidly growing areas of far south and east Denton The Pedestrian and B~cycle L~nkages Plan should be used as a gu~dehne when considering new acquisibon and connections to parks, schools, neighborhoods and shopping centers Recommendations for Facility Improvements The following text describes various racreat~on faclhtles that are proposed for funding and development over the life of the 5 Year Action Plan These fac~hty recommendations were denved from a random sample survey of 400 Denton residents ~n May 1999, from the work of the 2000 Blue R~bbon CIP Committee, the Parks and Recreabon Board, staff and other citizens The fac~hties on th~s hst are major capital investments and w~ll typically serve large numbers of citizens The hst of recommended fac~ht~es is not exhausbve Noticeably absent from th~s list are playground, p~cn~c areas and other ~mprovements that are small ~nvestments, relative to those on the recommendation hst In particular, th~s Parks and Recreation Plan documents large deficits in Denton's supply of pubhc playgrounds and p~cmc areas (see comparison of ex~st~ng fac~ht~es against adopted facility standards on Page 111 ) Such ~mprovements are essential elements of Denton's park system However, they were excluded from the recommended facllit~es list for two reasons 1 ) they were not cited as priority ~mprovements by c~tizens through the survey and pubhc input process, and 2) funding for and the location of these ~mprovements Is achieved through the C~ty's park land dedication ordinance The exclusion of such ~mprovements from this Plan's recommendations s~mply reflects that these needs are being met through other adopted strategies The following comprise the recommended major capital ~mprovements A Hl(~h Pnontv Items I Develop an Outdoor Family Aquatic Center on newly acquired Northeast Park property ~n conjuncbon w~th the Denton Independent School D~stnct plans for a new natatonum ~ 8 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan 2 Provide for new Hike/Bike Trails at existing and new park development, and along major drainage corndors Include accessible connections to park elements such as playgrounds and pavilions If parks are large enough, construct loop trails through the park for multi-purpose users Reference the C~ty w~de mob~hty plan which estabhshes a hierarchy of trails along existing street corndors to accommodate multiple user groups and hnk significant desbnatlons (See Exhibit, page 155 ) 3 Develop Nature Trails throughout the c~ty, placing h~gh pnonty on the praservat~on and conservabon of ex~stlng drainage corndors along H~ckory Creek, Pecan Creek and Cooper Creek Provide opportumbes for ~nterpretlve tra~ls w~th slgnage Continue to develop and expand the trail opportunities at North Lakes Park and South Lakes Park 4 Depending on programming needs, provide a new Teen Recreation Center centrally located in the community The Teen Center could provide areas for concessions, games, fitness, pool/ping pong, a computer room, and a video room It may be possible to combine this facility with Recreation Center recommendations and/or school development 5 Conbnuetoexplorethepotent~alforanlndoorSwimmlngPool throughajo~nt~usenatatonum w~th Denton lSD Explore the possibility of the new outdoor Family Aquatic Center providing a seasonal or permanently enclosed pool area 6 Provide a new and larger, full service Senior Center Complex centrally located in the community or build a second Senior Center Complex in the south part of the commumty to expand the recreational potential of the current Sen~or Center Complex B Moderate Pnonty Items 7 Provide one or more Skate Parldln-Llne Hockey facihbes, including a central location for league play and other d~spersed practice areas ~n the commumty 8 Develop Recreation Center facilities ~n growth areas ~n the north/northeast, far east and far south Denton May be able to combine facilities w~th Teen Recreation Center, previously recommended Pursue joint facility development and use w~th schools and universities to utilize additional facil~t~es such as gyms and meeting rooms 9 Conbnue to renovate and maximize the configuration of Baseball Field layout at Evers Park Provide new facilities at future Northeast Community Park, and ~n the far south and far east sectors of the commumty Pursue availability of practice fields across the commumty to offset demands upon competition fields 10 Prowdeadd~tional$occerFleldsatfuturecommumtyparks~nthenortheast, fareast andfar south portions of the community Pursue joint-use agreements w~th Denton lSD and/or other ~ 9 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & S~cycle Linkages Plan agencies to utlhze ex~st~ng pracbce areas Acqutre frontage land along Bonme Brae Road adjacent to North Lakes Park thus expanding soccer complex capabd~t~es 11 Expand Fitness fac~hbes to new Iocabons, ~ncludlng joint development of new schools and future recreabon centers in the northeast, far south and far east portions of the community 12 If opportunity develops, pursue a new Golf Course in conjunction with a new m~xed use development 13 Redevelop/renovate ex~sbng Softball Fields at North Lakes Park and Denla Park for maximum field layout and league acbwt~es Pursue availability of other practice fields across the community to offset demand upon compet~bon fields Prowde new softball fac~hbes at future commumty parks m the growing areas of northeast, far east and far south Denton C Low Priority Items 14 Prowde for Indoor Basketball Courts ~n conjunction w~th new recreation center facd~t~es ~n growth areas of north/northeast, far east and far south Denton Pursue joint-use fac~hty development w~th schools and univers~bes to ubhze add~bonal gymnasium fac~hties 15 Prowde Outdoor Basketball Courts at future community parks ~n the northeast, far east and far south port~ons of the community Pursue joint-use agreements w~th DISD 16 Work w~th Denton County and U S Army Corp of Engineers to provide and market Equestrian Trail opportunities across the extended Denton County area Long range planmng for greenbelts along Hickory Creek and/or Cooper Creek may prowde opportunities for equestrian tra~l components 17 Provide additional Outdoor Tennis Courts at future commumty parks ~n the northeast, far east and far south portions of the community Pursue joint-use agreements w~th Denton lSD and/or other agencies to ubhze ex~stmg practice areas 18 Future recreation centers may provide Indoor Tennis Court opportunities, m conjunc~on w~th design and programming of large gymnasiums 19 Future recreation centere may provide Racquetball Court opportunities, ~n conjunction w~th design and programming of large gymnasiums July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan ..9 II. Introduction Introduction Denton County ~s a 900 square m~le county s~tuated m the Grand Pra~ne and East Cross T~mbers region of North Central Texas Denton County was created by Texas Legislature In 1846 The year 1996 marked the 150th anniversary, or Sesquicentennial of Denton County The ongmal county seat, named P~nckneyv~lle, was located near the center of the present day C~ty of Denton, but the seat of government was moved southward three braes before returning to Denton ~n 1857 Both county and county seat were named after lawyer, preacher, ranger and Indian fighter, John B Denton, who moved to Texas from Arkansas w~th h~s w~fe He was k~lled ~n 1841 near the south county hne ~n a baffle with the K~cha~ Indians The first county courthouse was a small log structure built at Alton ~n the south central part of the county A county court building budt in Denton m 1857 burned ~n 1875 destroying many records In 1877, a two-story brick courthouse ~n the center of the square opened for county business It was struck by lightning and demolished in 1895 Built between 1895 and 1897, the Denton County Courthouse-on-the-Square served as the seat of Denton County government The Courthouse-on-the-Square ~s in R~chardson~an Romanesque style in 1975, most of the county offices moved to the Joseph A Carroll Courts Bulld~ng Twenty years later, ~n 1998, a new Denton County, Courts Building opened to house the county courtroom and most of the county records.keeping offices Over the years the Courthouse-on-the-Square had become very 16 July 20--~' 2000 Denton Parks and Recreation Master Ptan and Pedestrian & Bicycle L~nkages Plan detenorated and so the county approved a bond which paid for the renovation of the Courthouse-on-the-Square m 1985 The budding has s~nce been completely renovated and now houses the Denton County H~stoncal Commission and the Denton County Courthouse- on-the-Square Museum on the first floor The County Commissioners Courtroom ~s located on the second fieor The Courthouse-on-the-Square sbll serves as a landmark for the people of Denton and Denton County The County embarked on a course that would make it a higher education canter when it obtained North Texas Normal College (presently the Umverslty of North Texas) ~n 1890 and the College of Industrial Arts (presently Texas Women's University) in 1902 Today the county is a center for higher education and a balanced farming region producing wheat, cotton, beef, and dairy cattle It contains several growing urban centers, includ~ng Denton, Lew~svdle, Carrollton, and The Colony The C~ty,of Denton, Texas is located approximately 35 m~les north of Dallas and Fort Worth at the confluence of Interstate H~ghway 35E and Interstate Highway 35W It encompasses 35,675 acres and covers over 55 square miles As the county seat of government, home to 2 major un~versibes, and ~n close proximity to DFW International Airport, the City of Denton is a very d~verse community Accordlna to 1990 census data, 37% of households in Denton are ~n the very Iow ~ncome catego..ry, 19% areTn the Iow ~ncome category, 8% are ~n the moderate income category and 36% are in me above average income level 0ncome groups are based on HUD adjusted ~ncome limits) The ethnic populatmn of Denton is comprised of 81% white, 10% black, 1% American Indian, Eskimo or Aleut, 3% As~an or Pacific Islander and 5% other race Fourteen pement of the population is between the ages of under 1 year and eleven years, s~x percent are between the age of 12 and 17, twenty-seven percent are between the age of 18 and 24, thirty-six percent are between the age of 25-49, and seventeen percent are between the age of 50-85 and over July 2000 2000 Denton Parks and Recreation Master Ptan and Pedestrian & Bicycle L~nkages Plan The c~bzens and their elected officials are working hard to preserve the strong heritage of th~s unique c~ty In 1999, the C~ty Council of Denton adopted a v~s~on statement Denton ~s a unique community whose d~verslty g~ves ~t strength Th~s uniqueness is a point of commumty pnde and it ~s the goal of the Denton Plan to insure that growth, development and the use of commumty resources foster, encourage and promote the preservation of th~s wtal qualify Although Denton ~s no longer a small town, there are certain quaht~es of small town life that clbzens hold dear The proper stewardship of our commumty assets, wh~le managing the pressures of growth, ~s a balancing act that w~ll require foresight, long range planmng, and a great amount of commumty ~nvolvement The Denton Comprehensive Plan should represent the best of our collective community aspirat~ons and, wh~le prepanng Denton for the 218t century, should never lose s~ght of the fundamental qualities on which th~s town was built Quality, diversity, and opportunity are the keys to the future success of our commumty People w~th all k~nds of d~fferent backgrounds are welcome to Denton, where they w~ll continue to find a community that offers well-paying jobs, reasonably priced housing, good schools and convenient parks, and distinct neighborhoods w~th homes of all types and s~zes to offer a choice of housing for everyone The h~stonc downtown ~s the heart of Denton, the Square and surrounding streets are used every day and night as a gathering place for commerce, c~wc events, and entertainment Growing numbers of downtown residents w~ll ~ncrease the energy level of the downtown, while cultural events in C~v~c Center Park attract new wsltors from throughout the region The City of Denton ~s committed to hlstodc preservation as a means of fostenng community pdde and encouraging one of our strongest assets To grow properly, Denton must nounsh ~ts umvers~ty partnerships The University of North Texas ~s a major Denton landmark The Fry Street Area and Oak-H~ckory H~stonc D~stnct are ~mportant physical and social hnks between the Downtown and UNT Texas Woman's Univers~ty will also be a major contributor to Denton's d~stlnction as a C~ty UNT, 'r~vu, and the square area w~ll continue to develop as dynam~c and I~vely areas, essential to the well being of the City Working with C~ty government and the business community, the two universities are good institutional citizens of Denton and are magnets for hlgh-tech and research oriented development The Denton community ~s committed to enriching the I~ves of ~ts citizens - regardless of age, ~ncome, or ethmc background -through education, culture, recreation, and entertainment Denton has a d~st~nct~ve reputation as an arts c~ty, and most especially a music city Through public art, gallenes, museums, theaters and clubs, through our festivals, concerts and stage shows, Denton ~s known throughout the region as a culturally attractive and ~nnovat~ve community July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Public natural areas are an essenbal part of a great c~ty Our built environment cannot remain healthy w~thout properly managed land, a~r and water resources, as we grow these resources will become even more precious Proper planning w~ll allow us to capitalize on our natural assets Lake Ray Roberts and the Elm Fork Nature Conservatoryw~ll prove to be resources of incred~ble value, as Denton becomes more urbanized Floodplains and creeks, when developed as greenway corndors, will serve many needs, such as flood protection, recreation, tree preservation, and habitat support Enwronmental planmng must take ~ts nghtful place as an essenbal part of Denton's strategy to grow w~sely Denton ~s strategically s~tuated as a regional transportation hub by its position on interstate 35 and ~ts proximity to both Alhance and Dallas-Fort Worth regional a~rports Managing and fostering th~s umque geographical poslbon is a major goal of the comprehensive plan as we reap the benefits of our Iocabon Although we are a commumty that benefits from our various institutions, we should never lose sight of the fact that we are first a community of people not just a collection of houses, roads and buildings Our sense of community in Denton ~s a dehcate natural resoume a legacy from the past, which once lost cannot be regained Thersfore, the pnmary goal of the comprehensive plan should be to preserve and retain the quahbes that makes Denton the umque and prosperous place ~t is today and to help ~t develop ~nto an even better c~ty ~n the future (Denton Comprehensive Plan 1999-2020) July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Regional Local Map Denton Pi and Recreation Master Plan OKLA~O~ CITY OF NEW MEXICO Fall~ Fort Wort] Abflene [] Paso Waco TEXAS Chmu Purpose of the Plan ^ttract~ve, safe and well-maintained pubhc parks, open spaces and recreation fac~ht~es are essenbal elements Of Denton's ~mage and quality of hfe If strategmal~y pieced and equitably d~stnbuted, they can provide a w~de array of opportunities for both md~wdual and community ennchrnent In addition, parks and!open spaces may serve to protect enwronmentally sensitive lands from the potent~al)y harmful effects of urben devetopment, wh~ie preserwng the recreabon and transportation benefits these lands may offer Parks and open spaces are places to play, to relax, to enjoy the natural enwronment, and to connect socially w~th others m the community They can define a neighborhood and provide a cultural and h~stoncal focal point if properly designed and maintained, parks can enhance the economm value of nearby properties Linear open spaces can be used to kn~t together neighborhoods w~th other ~mportant elements of the urban fabnc, including schools, government service centers and commercial developments Such lands can also serve as an effecbve buffer between mcornpat~ble land uses, In short, pubhc parks and open spaces help to protect the social, economic and aesthebc quaht~es that Denton values In order to preserve these quahtms, the City w~ll continue to expand ~ts award- w~nmng parks system as the commumty grows (Denton Comprehensive Plan 1999-2020) W~th th~s goal in m~nd, the c~ty selected the consultant team of Carter & Burgess, Inc to prepare a Comprehsns~ve Parks, Recreation and Open ,Space Master Plan through an mteracbve process ~nvolwng the Parks & Recreation Board, the City Parks and Recreation Department, and the citizens of Denton The purpose of the Master Plan is to A Prowde the framework for orderly and consistent planning and development B Prowde detailed research and facts concerning the community and the roles of parks and recreabon C Estabhsh priorities and statements of d~rsction based on researched and documented facts and a commumty based needs analys~s D Provide d~rectlon in the area of acqum~t~on and development of park land to meet future needs E Conform to the preparation suggesbons and/or gu~dehnes for local Park, Recreation and Open Space Master Plans, prepared by the Texas Parks and W~ldhfe Department for Texas Recreation and Parks Account local park grant program July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Th~s document outlines the methods, results and recommendabons of the Master Plan study and ~s intended to be used as a guide for futura Park, Recreation and Open Space development w~thm the C~ty of Denton through the early part of the 21 st century Goals And Strategies W~th these purposes ~n mind, the 2000 Denton Comprehensive Parks, Recreation and Open Space Master Plan was commissioned Below are the goals and strategies for the Park System as outlined by the Denton Parks and Recreation Department A DISTRIBUTION OF PARKS 1 Goal Ensure the adequate and equitable d~stnbubon of parks, open space and recreation facil~t~es 2 Strategies a Complete a new Parks, Recreation and Open Spaces Master Plan that addresses public needs ~n all park and open space categories and meets the C~ty's objectives for urban design, multi-modal transportation, drainage and enwronmental conservation objectives b In accordance with adopted service standards for each park category, acquire and maintain sufficient land to keep pace w~th Denton's population c Develop, fund and implement future capital ~mprovements programs consistent w~th the Parks, Recreation and Open Spaces Master Plan B. PARK AND OPEN SPACE ACQUISITION 1 Goal Achieve urban design, transportation, drainage and environmental conservation objecbves through park and open space acquisition 2 Strategies Identify land and/or easements necessary to estabhsh a unified greenbelt system that achieves recreation and transportation system objectives Idenbfy slgmficant scenic, h~stoncel and enwronmentally sensitive lands, and determine strategies to praserve them 22 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan C FINANCIAL EFFECTIVENESS Goal Ensure the cost-effective provision of parks, open space and recreation fac~ht~es 2 Strategies a Working w~th other C~ty departments, area school d~stncts and developers, ~dentify opportumt~es for clustenng multiple pubhc functions w~th parks and recreation fac~l~bes ~nto neighborhood service centers Develop appropriate planmng pohcles, development regulations and ~mplementabon strategies b Research the need for and feas~b~hty of developing spec~al~zed parks and recreation facilities that can function as profit centers, which reduce the dependency on property tax revenue and generate profits to underwr~te other recreation facilities and serwces D RESPONSIVENESS 1 Goal Ensure that future parks and recreation tmprovements are responsive to the changing needs of Denton's c~t~zens 2 Strategies a Penod~cally survey the wants and needs of Denton's c~t~zens for their parks and recreation system, incorporate th~s ~nformat~on ~nto rews~ons of the Strategic Plan, Annual Action Plans and updates of the Parks and Recreation Master Plan b Update the Parks, Recreation and Open Space Plan at least once each 5 years To ensure that these goals and strategies were met, a Steenng Comm~ttae was assembled at the beginmng of the project to monitor the Master Plan process throughout the study This Committee helped fac~htate commumcabon between public officials, C~ty staff, the Park Board, the School D~stncts, and the c~t~zens of Denton The Master Plan ~s a result of a collaborative team effort between the C~t~zens of Denton, Carter & Burgess, Inc, the Steenng Committee, the Parks and Recreation Board, and the C~ty Parks and Recreabon staff 23 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle L~nkages Plan Use of Master Plan Th~s document includes specific recommendabons for future land acqu~s~bon, park expansion, and park development to serve the growing population and needs of Denton Section Ill of th~s report includes a~ complete inventory of ex~stmg parks, school fac~l~bes currently being used through jomt- use agreements, and a hst of current sports programs and part~c~pat~on levels Secbon iV prowdes a review of Denton Park Acreage Standards and compansons to current Denton fac~hbes Secbon V documents the results of the needs assessment as prowded by the C~ty of Denton In Section VI, the report identifies the recommended pnonbes and budget estimates for actual park development Secbon VII prowdes ~mplementat~on guidehnes ~ncludmg pohc~es and ordinances, potential funding sources, and a five-year action plan for ~mplement~ng the Master Plan Section VIII prowdes gu~dehnes and ~mplementabon strategies to develop a C~ty-w~de pedestnan and b~cycie hnkages plan Th~s Master Plan should be the basra for the future development and fiscal planning for the Denton park system for the next five to ten years Annual rewews of the Master Plan should be performed by the C~ty to ensure that the ~mplementabon ~s on course and addresses any specific changes ~n pnont~es and/or needs July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan& Bicycle L~nkages Plan III. Methodology The Parks, Recreation, and Open Space Master Plan was prepared using a two phase process Phase 1 ~nvolved the ~nventory/supply analys~s, standards analys~s and the needs assessment. wh~le Phase 2 ~nvolved the recommended pnont~es, budget analys~s, funding methods, and acbon plan C~bzen ~nput ~s considered one of the pnmary determtnants of the Master Plan recommendations within Phase 2 Elements of the Park Master Plan The process ~n prepanng the Parks, Recreation. and Open Space Master Plan consisted of the follow~ng steps PHASE 1 Step 1 - Inventory The first step ~nvolved a s~te tour by Carter & Burgess and C~ty Parks and Recreation Department staff of all ex~st~ng parks and recreabon facilities m Denton An tnventory was prepared based on ~nformabon prewded by the Denton Parks Department of ail ex~st~ng parks owned by the C~ty, all joint-use facilities w~th Denton Independent School D~stnct, and all ex,sting recreation associations and organizations The ex~sbng recreation programs were evaluated by obta~mng c~tizen input from an extensive telephone survey completed in May 1999 No specific recommendations are ~ncluded for recreabon programming w~th~n th~s Master Plan It ~s recommended that C~ty staff prepare a comprehensive review of current recreation programming and future demands to ensure that facil~t~es w~ll prowde for these needs Step 2 - Standards and Guidelines This step ~nvolved a comparison of Denton s ex~st~ng park facilities to standards developed by the Parks & Recreation Department Acreage standards and fac~hty standards, based upon population numbers, were analyzed Th~s allowed for an obJective rewew of the Denton park system St~p 3 - Needs Assessment Carter & Burgess reviewed prewous public input perta~mng to parks, recreation, open-space and trails Data ~ncluded recent pubhc ~nput through telephone surveys, public ~nput obtained through the Denton Comprehensive Plan process, and other sources such as A V~sion for Denton - the 21st Century and ~nformat~on from youth, sen~ors, umvers~ty students, families, etc The data was then summanzed ~n order to ~dent~fy the prionbes for parks and recreation as expressed by the c~t~zens of Denton 25 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle L~nkages Plan PHASE 2 Step 4 - Recommendat~ons/Pnontles for Master Plan This step ~nvolved ranking the pnontles for future park fac~ht~es from highest to lowest needs The c~t~zen input obtained dunng the needs assessment phase was considered the most s~gmficant factor and was weighted more heawly ~n the pnonty ranking Other factors considered in pnont~zmg the recommendations included City staff input, the Board /Commissions ~nput and Carter & Burgess professional recommendations After a summary of pnont~es was estabhshed, recommendations were estabhshed to guide and d~rect the acquisition, development, and maintenance of parks, recreation areas, and open spaces for the next five to ten years An expenditure analys~s and funding timeline were generated to help ~mplement the plan Step 5 - Implementation The final step establishes the framework and methods for public officials to use in implementation of the Master Plan Pohc~es, ordinances, and sources of funding are recommended so that the Plan can become a reahty Also, a five year action plan prowdes specific priorities and budget estimates for the first five years of the Plan The F~ve Year Action Plan Map graphically ~llustrates the pnontles recommended ~n the Master Plan Plannin;I Process Diauram Th~s Master Plan process is a conbnuous one which requires annual evaluation by the Parks and Recreation Department and the C~ty Council Every five years the Plan should be updated to provide currant pnonties, action plans, and budget estlmatas for ~mplementat~on The following pages ~llustrate the planning process for the Park Master Plan July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Planning Process PHASE 1 Inventory/Market Analys~s A Base Map Preparation Preparation of a computer generated base map B Inventory / Supply Analys~s 1 Public parks and recreation areas owned by the City 2 Joint use faclht~es with Denton Independent School Distnct 3 S~tes for preservation or conservation of natural area 4 Ex,sting recreation programs offered by the City Number of teams and ch~ldran part~c~pabng Facilities utilized by each Association 5 Existing non-City Sponsored Recreation Sports Associations and Orgamzat~ons Number of teams and indlwduals participating m each association Fac~l~bes utilized by each association C Population Analys~s 1 Population concentrating on the factors of growth, d~stnbut~on, and projected changes D Standard Analysis I Determine park standards and classlficabons which will apply to Denton community 2 Compare ex,sting fac~ht~es to Denton s standards to determine the amounts of facilities and park acres needed to meet the needs of the community 3 Evaluate ex~st~ng resoumes of the commumty for open space, greenbelt I~nkages, parks and recreation facilities, based upon user participat~on E Demand Analys~s and Needs Assessment 1 Review previous public input pertaining to parks, recreation, open space and tra~ls 2 Summarize needs assessment information 3 Evaluate expressed citizen needs versus available facilities July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan PHASE 2 A Pnonty Analysis 1 Complete point analys~s 2 Complete pnonty ranking system B Acbon Plan 1 Develop a defimtlve program(s) for acquisition and development of park land to meet future needs 2 Develop planmng maps coordinated with Denton Planning and Zoning, Economic Development, Parks and Recreation, and overall C~ty Comprehensive Plan 3 Review existing ordinances and provide recommendations to implement the Action Plan C Expenditure Analysis I Complete the expenditure analys~s 2 Complete the chart of potential grant opportumt~es and funding sources 3 Prepare a five-year action/funding t~me-I~ne D Parks, Recreation and Open Space Master Plan - Preliminary Master Plan 1 Preparation of conceptual ~llustratlve park master plan graphics 2 Presentabon for the Prehminary Master Plan to City Staff and Steenng Committee for approval E Parks, Recreation and Open Space Master Plan - F~nal Master Plan 1 Preparation of final narrative and color CADD exhibits/maps from C~ty rewew comments 2 Presentation of Park, Recreabon and Open Space Master Plan to Denton July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle Linkages Plan IV. Inventory The C~ty of Denton has a total land area that covers over 55 square m~les Within the Denton Park System are 23 parks and 4 open space preserve areas totahng 1004 55 acres as of January 2000 Also, the Denton Parks and Recreation Department (PARD) and the Denton Independent School District (DISD) operate under a joint-use agreement to support the programs of both agencies Under th~s agreement Denton PARD and the DISD share facd~t~es ~n an attempt to meet the growing need of Iow cost leisure programming for Denton residents Th~s includes the After School Action Site after-school care program and a new M~ddle School Program, as well as the use of McMath M~ddle S(3hool gymnasium by Denton PARD Dunng the first phase of the Master Plan Process, a complete inventory was comp~led of all ex~st~ng parks, recreation faclhtles, and open spaces within the City of Denton Carter & Burgess, Inc, toured all the sites w~th Denton PARD staff The C~ty prowded acreage and amemty mventones for each of the parks and a list of recreation associations and orgamzat~ons for the sports associations throughout the Cffy Population ~nformat~on was also provided by the C~ty The following pages provide a complete inventory of the ex~st~ng parks and fac~ht~es w~th~n the C~ty of Denton 29 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan FACILITIES ~ 30 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Amencan Legion Budding 2,300 Square Feet Location 629 Lakey Recreation Amembes Non-Recreabon Amenlbes K~tchen Restrooms Offices Acbvlty Room ~ 31 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Center 11,000 Square Feet Location 321 E McK~nney Recreation Amenities Non-Recreation Amemt~es Walking Track Audltonum Portable Basketball Goals Restrooms Admlnistratlve/Steff Offices Kitchenette Conference Room Storage Ma~l/Copy Room *See also Civic Center Park ~ 32 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan C vic Center Pool Acreage Developed Undeveloped Location 515 N Bell Recreation Amenities Non-Recreation Amenities 50 Meter Outdoor Pool Restrooms/Locker Room Water Slide Concession Area 2 DIwng Boards Offices Shade Structure Storage Zero Depth Area Grass Berm Area P~cnic Tables *See also Ciwc Center Park July 2000 2000 DentOn Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan CIwc Center Pool C~wc Center Pool July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Den a Recreation Center 16,000 Square Feet Location 1001 Parv~n Recreation Amenities Non-Recreation Amenities Gym Meeting Room Volleyball Court/Basketball Court Restrooms W~th Showers Climbing Wall Offices Fitness Room Storage Game Room K~tchen Preschool Room Dance Studio * See also Dema Park ~ 35 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestflan & Bicycle L~nkages Plan Denton Sen or Center 18,000 Square Feet Locabon 509 N Bell Recreation Amemt~es Non-Recreabon Amemt~es Woodshop Meeting Room Country Store Restrooms F~tness Area Offices Domino Hall K~tchen Card Room Ballroom W~th Stage Pool Room Storage *See also C~wc Center Park ~ 36 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan Goldfield Tenms Center 875 Square Feet Location 2005 W W~ndsor Recreation Amenities Non-Recreation Amemtles 8 Lighted Tennis Courts Meeting Room 1 Ut~hty Court Restmoms 3 1/2 Court Basketball Courts Offices 16 Benches Storage 4 Bleachers 1 Drinking Fountain *See also North Lakes Park ~1~ 37 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan McMath Gym 10,240 Square Feet Locabon 1900 Jason Recmabon Amenities Non-Recreation Amemt~es Gym Restrooms Volleyball/Basketball Court Office Outdoor Multi-purpose Courts Storage ~ 38 July 2000 2000 Denton Parka and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan MLK, Jr Recreabon Center 20,000 Square Feet Locabon 1300 Wilson Recreation Amemt~es Non-Recreabon Amenities Gym Meeting Room Volleyball/Basketball Court Restmoms/Locker Room Game Room Offices F~tness Room Storage Preschool Room Computer Room Arts & Crafts Room K~tchen *See also MLK, Jr Park ~ 39 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan North Lakes Recreation Center 16,000 Square Feet Locabon 2001 W Windsor Recreabon Amemt~es Non-Recreation Amenities Gym Meeting Room Volleyball/Basketball Court Restmoms/Locker Room F~tness Room Offices Dance Studio K~tchen Game Room Storage *See also North Lakes Park ~ 4O July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan PARKS July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Avondale Park Acreage 18 10 Developed 18 10 Undeveloped 0 00 Type Neighborhood Locabon Nottingham @ Devonshire Recreabon Amenities Non-Recreabon Amemt~es 2 Tennis Courts Signage 1 Basketball Court 1 Fountain I Pawhon Security Lights 1 Playground 10 P~cmc Tables 10 Trash Receptacles 6 Benches 1 Grill 33 Tra~l (miles) ~ 42 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Avondale Park ~ 43 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Bent Creek Estates Acreage 21 00 Developed 0 00 Undeveloped 21 00 Type of Park Neighborhood Locabon Hwy 377 at Hmkory Creek Recreation Amenities Non-Recreabon Amemt~es ~ 44 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Bowhng Green Park Acreage 10 92 Developed 6 92 Undeveloped 4 00 Type of Park Neighborhood Locabon Bowhng Green & Auburn Recreation Amenities Non-Recreabon Amenlbes 1 Playground Tree Farm 3 Benches Parking Spaces 1 Dnnk~ng Fountain 1 Pmnlc Table July 2000 2000 Dent~n Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Bowling Green Park July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Bnerchff Park Acreage 11 00 Developed 5 00 Undeveloped 6 00 Type of Park Neighborhood Location State School Road Recreabon Amemt~es Non-Recreation Amemt~es 1 Pracbce Ball F~eld S~gnage I Playground 2 P~cn~c Tables 1 Bench 3 Trash Cans 1 Gdll ~ 47 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Ptan Ciwc Center Park Acreage 20 00 Developed 20 00 Undeveloped 0 00 Type of Park C~ty Location Bell Avenue at W~thers Recmabon Amemt~es Non-Recreation Amenities 2 Tenms Courts 1 Restroom 1 Playground Secunty Lights 1 Swimming Pool Signage 1 Amph~theatm 1 Practice Soccer F~eld Trod 2 Gnlls 8 Benches 1 Dnnkmg Fountain 30 Picnic Tables See Also C~wc Center, C~wc Center Pool, Denton Semor Center ~ 48 July 2000 2000 Denton Parks and Recreation Maater Plan and Pedestnan & B~cycle L~nkages Plan Ciwc Center Park ~ 49 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Cross T~mbers Park Acreage 28 00 Developed 0 00 Undeveloped 28 00 Type of Park Neighborhood Location R~ver Pass Dnve at H~ckory Creek Road Recreation Amenities Non-Recreation Amenities ~ 50 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Den a Park Acreage 25 00 Developed 25 00 Undeveloped 0 00 Type of Park Commumty Locahon Parv~n at Bernard Recreabon Amenihes Non-Recreation Amemties 2 Benches 1 Restrooms/Concession 3 1/2 Court Basketball Courts 2 Scorekeeper Benches 2 L~ghted Tenms Courts 260 L~ghted Parking Spaces 2 Playgrounds Dugouts 6 P~cn~c Tables 4 Bleachers 1 Pawl~on 3 Drinking Fountains 1 Grill 1 L~ghted Roller Hockey Court 1 T-Ball Field July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan 1 Practice Soccer F~eld 4 L~ghted Softball Fields See Also Den~a Recreation Center ~ 52 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Denton Branch Rad Trad Acreage 97 00 Developed 97 00 Undeveloped 0 00 Type of Park Linkages / Greenbelt Location Pra~ne Street South at Swisher Road Recreation Amenities Non-Recreabon Amemt~es 8 Mile Trail ~ 53 July2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Evers Park Acreage 30 00 Developed 30 00 Undeveloped 0 00 Type of Park Community Locabon N Locust at Windsor Recreation Amenities Non-Recreation Amemt~es 9 L~ghted Baseball F~elds 2 Restrooms/Concess~ons 3 L~ghted Football F~elds 587 Paved Parking Spaces 1 Playground 20 Gravel Parking Spaces 5 P~cn~c Tables Dugouts 1 Picnic Shelter Scoreboards 3 Dnnk~ng Fountains 20 Bleachers 2 Benches 9 Scorekeeper Benches 2 L~ghted Baseball F~elds (under construcbon) 1 Storage Budding 1 Budding 1 Boy Scout Hut ~ 54 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Fred Moore Park Acreage 10 00 Developed 10 00 Undeveloped 0 00 Type of Park Neighborhood Location Bradshaw at E Pra~ne Recreation Amenities Non-Recreation Amenities 1 L~ghted Baseball F~eld Restrooms 2 L~ghted Basketball Courts Security L~ghts I Playground Irrigation 2 P~cnic Shelters 1 Pavilion/Stage P~cn~c Tables 2 Dflnk~ng Fountains Gnlls See Also Amencan Legion Budding ~ 55 July 2000 2000 Dentoq Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Fred Moore Park Fred Moore Park ~ 56 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Lmkages Plan Joe Skdes Park Acreage 6 00 Developed 6 00 Undeveloped 0 00 Type of Park Neighborhood Location Stemmons at Stonegate Recreation Amen~bes Non-Recreation Amembes 1 Practice Soccer F~eld S~gnage 1 Practice Baseball F~eld Secunty L~ghts 3 1/2 Court Basketball Courts Irngabon 2 L~ghted Tenms Courts 1 Playground 1 Pavilion 4 P~cmc Tables 3 Dnnklng Fountains 1 Gnll 3 Benches 11 Trash Receptacles ~ 57 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle L~nkages Plan Joe Sklles Park ~ 58 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Mack Park Acreage 20 00 Developed 20 00 Undeveloped 0 00 Type of Park Commumty Location E McKinney at Mack Place Recreation Amenities Non-Recreabon Amenities 3 L~ghted Baseball Fields 2 Restrooms/Concesslon 1 Practice Soccer F~eld 1 Storage Building 3 1/2 Court Basketball Courts 181 Paved Parking Spaces 2 Tennis Courts 1 Playground 5 P~¢mc Tables 1 P~cnm Shelter 1 Grill 4 Drinking Fountains 13 Bleachers Dugouts ~ 59 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & g~cycle Linkages Plan Mack Park Mack Park ~ 60 July 2000 2000 Denton Parks and Recreation Master Plan and Pedeetnan & Bicycle Linkages Plan McKenna Park Acreage 18 00 Developed 18 00 Undeveloped 0 00 Type of Park Neighborhood Locabon Scripture at Bonnie Brae Recreation Amenities Non-Recreabon Amenities 1 Basketball Court 1 Restrooms 1 Playground S~gnage 3 Pavilions 26 P~cmc Tables 4 Drinking Fountains 6 Grills 16 Trash Receptacles July 2000 2000 Denton Parks and Recmabon Master Plan and Pedestrian & Bicycle L~nkages Plan McKenna Park McKenna Pa~ ~ 62 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Mdam Park Acreage 1 O0 Developed 1 O0 Undeveloped 0 O0 Type of Park Neighborhood Location Mockingbird at Bob-O-L~nk Recreation Amemt~es Non-Recreation Amenities 1 Ddnklng Fountain Signage 1 Trash Receptacle 3 Benches ~ 63 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan MLK, Jr Park Acreage 5 00 Developed 5 00 Undeveloped 0 00 Type of Park Neighborhood Location Morse at Newton Recreation Amen~bes Non-Recreabon Amenities 1 Practice Baseball F~eld 1 Playground 3 Benches 2 Pmmc Tables 1 Dnnk~ng Fountain See Also MLK, Jr Recreation Facdlty July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan MLK, Jr Park MLK, Jr Park July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Nette Shultz Park Acreage 10 00 Developed 10 00 Undeveloped 0 00 Type of Park Neighborhood Location Rockwood at Woodhaven Recreation Amenibes Non-Recreation Amenities 1 Backstop S~gnage 2 Tennis Courts 1 Playground 1 Pracbce Soccer F~eld 9 P~cmc Tables 5 Trash Receptacles 3 Grills 5 Benches 2 Drinking Fountmns 47 Trad (redes) ~i!B , 66 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Nette Shultz Park July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Blcycte Linkages Plan North Lakes Park Acreage 345 00 Developed 100 00 Undeveloped 245 00 Type of Park C~ty Locabon W~ndsor at Bonnie Brae Recreation Amenities Non-Recreahon Amenities 7 Benches 2 Restrooms/Concesslon 8 Gr~lls 1 Portable Concession Trailer 2 Playgrounds 698 Parking Spaces 34 P~cmc Tables 5 Pawlions 2 5 Tm~l (m~les) I Rugby F~eld 4 Lighted Soccer F~elds 8 Soccer Fields 6 L~ghted Softball F~elds 1 Sand Volleyball Court 4 Drinking Fountains ' July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan 36 Bleachers 3 F~sh~ng Lake w~th One P~er I Golf Driving Range I Fnsbee Golf Course See Also North Lakes Recreation Center, Goldfield Tennis Center North Lakes Park ~ 69 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan North Lakes Park North Lakes Park ~ 7O July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle Linkages Plan Owsley Park Acreage 0 52 Developed 0 52 Undeveloped 0 O0 Type of Park Neighborhood Location Stella Street and Avenue G & H Recreabon Amemties Non-Recreabon Amemties 1 Playground S~gnage 1 Dnnking Fountain 2 P~cn~c Tables 3 Trash Receptacles July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Owsley Park OwsleyPa~ ~ 72 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Pebblebrook Acreage 24 21 Developed 0 00 Undeveloped 24 21 Type of Park Neighborhood Location Loop 288 and McK~nney Recrea~on Amem~es Non-Recreation Amenities ~ 73 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan& Bicycle L~nkages Plan Phoenix Park Acreage 7 00 Developed 3 00 Undeveloped 4 00 Type of Park Neighborhood Location Wood Street Recreabon Amemt~es Non-Recreation Amemtles 1 Basketball Court Secunty L~ght~ng 1 Playground S~gnage 1 Pracbce Soccer F~eld 1 Drinking Fountain 8 P~cmc Tables 6 Trash Receptacles 2 Benches ~ 74 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Phoenix Park ~ 75 July 2000 2000 Denton Parka and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan R ver Oaks Acreage 25 60 Developed 0 00 Undeveloped 25 60 Type of Park Neighborhood Location H~ckory Creek at McNa~r Elementary Recreation Amembes Non-Recreation Amemt~es ~ 76 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan South Lakes Park Acreage 187 00 Developed 50 00 Undeveloped 137 00 Type of Park C~ty Location Teasley at Hobson Recreabon Amenlbes Non-Recreation Amemtles 10 Gnlls 1 Restroom 1 Basketball Court 1 Fishing Lake 2 Tenms Courts S~gnage 1 Sand Volleyball Court Secunty L~ghts 2 Playgrounds Irngated 2 Pavilions 50 Parking Spaces 1 Practice Soccer F~eld 9 Benches 3 Dnnking Fountains 29 Plcmc Tables 1 Practme Ball F~eld 1 Gymnasium 2 62 Trad (m~les) ~~ ' 77 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan South Lakes Park South Lakes Park ~iB , 78 Jury 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan The Oaks of Montec~to Acreage 3 20 Developed 0 00 Undeveloped 3 20 Type of Park Neighborhood Location H~ckory Creek Road north of Rwer Oaks Recreation Amenities Non-Recreation Amemt~es ~ 79 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan W nd R ver Acreage 17 00 Developed 17 00 Undeveloped 0 00 Type of Park Neighborhood Location L~lhan Mdler at Teasley Recreation Amemt~es Non-Recreation Amemt~es Trad Small Pond & Stream ~ 8O July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan OPEN SPACE PRESERVE July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan A rport Road Acreage 42 00 Developed 0 00 Undeveloped 42 00 Type Open Space Location A~rport Road Refer to map on page 90 for location July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Cooper Creek Acreage 3 00 Developed 0 00 Undeveloped 3 00 Type of Park Open Space Location Mayh~ll at Audra Refer to map on page 90 for location ~ 83 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan W ndsor Drive Acreage 10 00 Developed 0 00 Undeveloped 10 00 Type of Park Open Space Location Windsor at Sherman Refer to map on page 90 for Iocatmn ~ 84 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Woodrow Acreage 9 00 Developed 0 00 Undeveloped 9 00 Type of Park Open Space Location Woodrow Lane Non-Recreation Amenities Tree Farm Refer to map on page 90 for Iocatmn ~ 85 July 2000 2000 Denton Parka and Recreation Master Plan and Pedeatnan & B~cycle Linkages Plan ARK EXISTING INVENTORY FACILITY Owned Developed/ O O O O O O O O O O O O O O O Undeveloped U D U D D D U U D U D D D D D Park Classification N L O N N N N Cl O Co Co N N Co N Acres 420 181 2t0 t092 1t0 200 30 2800 250 9700 300 100 60 200 180 Amphlthsatre Baseball Fields (lighted) 0 11 t 3 Baseball Fields (practice) I t 1 Basketball Courts t 3 2 3 3 Benches 6 3 I 8 2 2 3 Bleachers 4 20 13 Concession Building f 2 2 Drinking Fountains I t 3 3 2 3 4 4 'rills t I 2 t I f 6 ;hlng Lake I Pier football Field (lighted) Pavilion I Shelter 1 1 1 3 I t 3 Picnic Tables tO I 2 30 6 5 4 5 26 Pla) grounds I I I I 2 I t I t 1 Recreation Center I t Restroorns I 1 2 I 2 1 Roller Hockey Court (lighted) Sand Volleyball Senior Center 1 Soccer Fields (lighted) Soccer Fields (unlighted) Soccer Fields (practice) t t I t Softball Fields (lighted) 4 Swimming Pool t Tennis Center Tennis Courts (lighted) 2 2 Tennis Courts (unlighted) 2 2 2 Trails (miles) 33 Trash Receptacles 10 3 11 16 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan ARK EXISTING INVENTORY FACILITY Owned Developed/ O O O O O O O O O O O O O Undeveloped D D D D D U D U D U D U U Park Classification N N N N CI N N N N Ci N O O Acres 10 50 t00 345 52 2421 70 256 187 32 170 t00 90 100456 Amphltheatre 0 Baseball Fields (llghted)l 15 Baseball Fields (practlc,~) t I 5 Basketball Courts I 1 16 Benches 3 3 5 7 2 9 54 Bleachers 36 73 Concession Building 2 7 ' inking Fountains I I 2 4 t I 3 34 ils 3 8 t0 34 fishing Lake I Pier 2 I 3 Football Field {lighted) I Pavilion I Shelter I 5 2 18 Picnic Tables I 2 9 34 2 8 29 173 Playgrounds I I 2 I I 2 t9 Recreation Center ~ 1 t 4 Reetroome 2 I tl Roller Hecke¥ Court- . -(ligl~ted) Sand Volleyball t t 2 Senior Center 1 Soccer Fields (lighted) 4 4 Soccer Fields (unlighted) 8 8 Soccer Fields (practice) I I I I t 8 Softball Fields (righted) 6 10 Swimming Pool I 1 Tennis Center ! I t Tennis Courts (llghted~ 4 Tennis Courts (unlighted~ 2 2 10 Trails (miles) 47 2 $ 2 62 X 4; 92 Trash Receptacles t $ 3 6 55 U Urba~ Open Space Ci Cltywlde Park Co Community Park ood Park L Linkages/Greenways O Open Space Preserve 87 July 2000 i 2000 Denton Parks and Recreahon Master Plan and Pedestnan & Bicycle Linkages Plan The C~ty of Denton has a joint use agreement w~th Denton Independent School D~stnct The agreement states that the C~ty and lSD w~ll allow each other to use fac~ht~es at no cost (except for an attendant, ~f needed after hours) The follow~ng are examples of how the agreement works · Th~s agreement has been used for the last 17 years w~th our After School Action S~te program It operates out of all 10 elementary schools at no cost and serves over 400 children da~ly Borrnan Elementary uses the Dema Recreation gym for all PE classes · McMath M~ddle School was constructed on South Lakes Park ~n 1997-98 A land swap prowded acreage adjacent to Evers Park which allowed the expansion of youth baseball fields (now under construction) DISD built an additional gym at McMath which ~s available to the C~ty for programs after school, on weekends, and throughout the summer DISD also built soccer and baseball practice fields on South Lakes Park They maintain the fields on park property, and are available for pubhc use outside school hours · A Bond Program, already approved by voters, w~ll allow the City and DISD to construct a joint aquatic center facthty The DISD is contnbutmg $3 5 m~ll~on for a natatorium, and the Cttyw~ll contribute $4 mllhon for leisure components, ~ndoor and outdoor The C~ty w~ll operate and rna~ntain the fac~hty and receive any revenue generated The operating agreement ~s not finahzed · C~ty & DISD work closely w~th developers on acqu~ring land m key locations to secure school and park s~tes for future development ~ 89 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Existing City Parks Denton P~ Recreation Master Cooper Glen Evers Park Open Space North Lakes Park Windsor Drive Avondale Park Open Space Bowling Green Park Nette Shultz Park Cooper Creek Civic Center Open Space McKenna Park Park Mack Park Milam Park Phoenix Park Owsley Park Fred Moore : Park Airport Road Pebblebrook Open Space M.L. King Jr. Park Park Joe Skiles Park Denia Park South Lakes Park Wind River Park Briercliff Park Bent Creek Estates Park River Oaks Park Legend Existing City Parks City Limits Flood Plain July 2000 Existing Municipal Facilities Denton an( Recreation Master h-- I' '1 .I /' i I '.~'~" · --" 1 : · - --' . " ~ - ~ ! Fire Station · No. 4 / · [ Fire Station · ~ · / Golf Course / City · [ ' x~._ Service Center i Chamber Of Police & County Jail & :- ----~ ..... ~- Fire Sra. No. 1 Commerce City Hall East Courthouse City Hall West I Fire Station ~',, Carrol Courts AnimM .... x~ Building Control No. 2 l, , / --- { ~ 'i No. 3 ~ , Pecan Creek ! ~ l~ty Of Denton · ,-" - 1 l ' !--:-4.~ , Fire Station ] i No. 6 -- · ,</ i j : ..... !; ~-._.,,. ", /' ~ ,. ' ' ........... i--"-, . _..~ .............. I Legend ~ ~xi~ting City v~r~ ~ Municipal Facilities Cemeteries ~ Tennis Center ~ Golf Courses ~ Swimming Pool ..... ~ IAmits ~ NORTH July 2oo0 Existing Schools Denton and Recreation Master Plan "' - ./!~:.. <.'I Ginnings Elementary ......... ~' 'l i Evers Park _ ! Elcmentax~ Wi~on --- Strickland Elementary Middle School \ Rayzor Elementary Texas Woman'8 University / Denton High School Robert E.Lee Selwyn School Elementaxy Calhoun Sullivan Keller Middle School Billy Ryan High School .< Tomas givera I Elomerttary ~ University of Fred Moore North Texas Center f Liberty Borman Elementary McMath Middle School Sam Houston Elementary Denton State School Legend DISD Schools ~ Universities, State Sehoot ~ Private Schools .... City l,imits ~ Flood Plain Jui~ 2o0o City Sponsored Recreation Programs July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan One of the best things about the Denton Parks and Recreabon Department ~s that ~t has something for everyone~ From chddran's act~wbes, to programs for teens to semors and every age m between - the department offers a w~de array of programming for all ages and all ~nterests The Denton Parks and Recreation Department has a m~ss~on statement, as follows To enrich the I~ves of all Denton c~t~zens through enwronmental enhancements and a d~verse offering of recreational, educabonal and cultural services The following ~s a summary hst of activit~es and programs offered to the c~t~zens of Denton by the Parks and Recreation Department Aquatics Goldfield Tenms Center Therapeutic Recreation Sw~m lessons Youth lessons After school program Sw~m team Adult lessons Summer camps Special events Leagues Monthly socials Pool rentals Jumor development chmcs Special events Tournaments Youth Sen/Ices Senior Center Athletics After school program Special events Youth Basketball Special events Dance classes Soccer IMAGINE program Arts & crafts classes Baseball Teen events Monthly socials Cheerlead~ng Summer camps Tnps Football Music Adult Softball Health/F~tness Co-ed softball Rentals Church league Denla, Nf3rth Lakes, MLK.Jr. Clvlc Center. McMath Preschool/children classes Outdoor adventure classes/tnps Teen programs Rentals Adult classes Special events Health/F~tness Athletics Sports Rock chmbmg wall Summer camps Semor programs Gymnastics/Dance Monthly socials ~ 94 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Sports Programs July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan The yearly part~clpabon in recreation programs ~n Denton ~s ~mportant when evaluating current fac~ht~esava~lablew~thmtheC~ty S~xmajorsportsassoclabonsoperatew~th~ntheC~ty Throughthe years 1995-1999, Denton Youth Football has remained steady m ~ts number of participants wh~le Denton G~rls Softball has seen a drop ~n ~ts attendance records Denton soccer has seen the greatest nse ~n ~ts records, an ~ncrease of 550 parbc~pants ever 4 years The following chart ~llustrates the changes from 1995-1999 Denton Boys Evers 5 - 12 729 825 798 687 Baseball, Denton Area L~ttle Evers ** 5 - 18 425 434 434 605 653 League Denton G~rl's Dema 5 - 18 475 528 528 360 Softball Denton Soccer North U6 - U19 1200 1360 1566 1705 1750 Lakes Denton Youth Evers 5 - 12 300 300 300 300 300 Football Denton Baseball* Mack # 1 13- 16 N/A N/A N/A 132 138 &2 * numbers could be w/Denton Boys Baseball used to be same group ** girls w~ll play at Dema m 2000 ~ 99 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Denton Population Estimates 100 July 2000 2000 Denton parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Population Estimates The 1999 population forecast esbmates a "most hkely" populabon for the 275 square mde Denton Study Area of 215,000 The Cdy of Denton ~s expected to grow to 100 square mdes with a populabon of 183,600, or 85% of the Study Area populabon In 1998 ~t ~s esbmated that approximately 85% of the Study Area population lived within the C~ty of Denton Denton Planning Area and City of Denton Forecasts of Additional Population and Land Area 1990-2020 5-Mile ETJ Study Area City of Denton Year Annual Annual Study Area Populabon Ama Density Percentage Numenc Populabon (sq mde) (pop/m~le) Growth Growth 2000 3 0% 2,180 90,570 77t560 62 0 1,251 2001 3 0% 2,680 93,280 78,890 64 0 1,248 2002 3 0% 2,760 96,080 82~280 66 0 1,247 2003 3 0% 2,840 98,970 84,750 68 0 1,246 2004 5 0% 4,880 103,910 88/,990 70 0 1,271 2006 5 0% 5,380 114,570 98~110 74 0 1,326 2007 5 0% 5,650 120,290 ~ 03i020 76 0 1,356 2008 5 0% 5~940 126,310 108~1~0 78 0 1,387 2009 50% 6.230 ~ 132,620 ~'~ 80 0 1,420 2011 5 0% 6,880 146,220 ~25',,: 2Q', 84 0 1,491 2012 5 0% 7~200 1531530 1~3~1~-80 ~86 0 11529 2013 5 0% 7,500 161,210 1~3B~050 88 0 1,569 2014 4 7% 7,700 168,910 144,540 90 0 1,606 2015 4 5% 7,700 176~610 151,040 92 0 1,642 2016 4 3% 7~700 184,310 157,540 94 0 1,676 2017 4 1% 7,700 192,010 164~000 96 0 1,708 2018 4 0% 7,700 199~710 ,170t560 98 0 1 ~740 2019 3 8% 7,700 207~410 177,040 100 0 1 ~770 2020 3 7% 7,700 215,110 183,590 101 3 1,812 1998-2020 +145% +144% +64% +49% Source '['he C~t~ of Denton Planmn~ and Development Department, Januar~ 1999 101 July 2000 2000 Denton Parks and Recreabon Master Plan and Pedestrian & B~cycle Linkages Plan V. Standards and Guidelines The adequacy of existing parks, recreabon fac~hbes and open spaces ~s determined by companng the needs of the present and forecasted populabons of Denton to specific goals and standards The Denton Parks and Recreabon Department has adopted a modified version of the standards pubhshed by the Natmnal Recreation and Parks Assoc~abon (NRPA) to create a local guldehne to determine land and facihty requirements for vanous k~nds of park and recreation needs at the community level Th~s section ~ncludes a companson of Denton to locally estabhshed standards based upon park acreage per populatmn and fac~ht~es per population Park Classification System When evaluating existing or future parks ~n Denton, it Is necessary to classify each park by type, s~ze, service area, and acres per 1,000 populabon The following s~x classifications for parks w~ll be used in this Master Plan Urban Ooen Space Urban open spaces typically range from 2,500 square feet to 1 acre in s~ze They serve an ~mmed~ate area, less than 1/8 m~le ~n radius, and can be a pubhc or pnvate park Th~s area usually addresses hm~tad, ~solated or umque needs Though typically a passive use, they may Include very hm~ted recreabon These spaces can be squares, plazas, gardens, urban pavements, formal spaces such as fountains and public art, or may be at the ~ntersecbons of streets Ne~qhborhood Park Neighborhood parks typically range from 5 to 20 acres ~n s~ze, although they may be larger depending on topography and natural features They generally serve residents w~thln a % m~le radius Typical development would ~nclude playground and p~cn~c areas, court games, tra~ls and rn~n~mal parking At least 50% of the s~te ~s set aside for passive recreation activities and/or conservation areas They are often located next to elementary schools The service standard for th~s category is 2 5 acres per 1,000 residents Community Park Community parks typically range from 30-50 acres but may be larger depending on conservation areas They generally serve residents w~th~n a 2 m~le radius These parks often serve several neighborhoods, and ~nclude "ddve to" recreation fac~ht~es, as well as the fac~hbes found ~n neighborhood parks Recreation/Multi-purpose centers, compet~bve sports fields, and swimming pools are typical They may serve as "tra~l heads" for commumty-w~de graenway systems The service standard for th~s category ~s 3 0 acres per 1,000 ras~dents 102 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan C~tyw~de Park Citywlde parks are typically 50 acres or more in size They generally serve the enbre junsd~ctlon and beyond This park offers unique, "one of-a-k~nd" fac~htles, such as a garden center, water park, outdoor theater, civic center, fitness center, model a~rplane field, mulb-field athletic complex, or nature center It ~s hkely to include s~gnificant conservation areas The service standard for th~s category Is 7 acres per 1,000 residents L~nkaoes/Greenways There ~s no typical size for th~s park, but ~t typically hnks several neighborhoods, and ideally would serve the entire jurisdiction Typical development would include hard and soft surface tra~ls for hlklng/b~k~ng/skabng and horseback riding It connects residential areas to schools, parks, c~wc buildings and other commumt~es There ~s no service standard for th~s category Open Soace Preserve There are no standards for th~s category Land ~s acquired and managed m accordance w~th preservabon and urban design objecbves 103 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan PARK ACREAGE STANDARDS Type Size Service Area Service Standard Urban Open Space 2500 S F - 1 Acre 1/8 M~le Radius No Apphcable Standard Neighborhood Park 5 - 20 Acres 1/2 M~le Radius 2 5 ac/1,000 Community Park 30 - 50 Acres 2 Mile Radius 3 ac/l,000 C~tyw~de Park 50 +Acres Entire Jurisdiction 7 ac/l,000 L~nkages/Greenways No Applicable Several No Apphcable Standard Neighborhoods or Standard Entire Junsd~cbon Open Space No Apphcable No Apphcable No Applicable Preserve Standard Standard Standard TOTAL 12 5 Acll,000 Population Standards from "Draft" Denton Comprehensive Plan p 91-92 104 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Comparison of Park Land Acrea.qe to Denton Standards Based upon the local standards adopted for each park class~ficabon, the recommended park acreage per 1,000 populabon ~s 12 5 acres The C~ty of Denton ~ncludes a total of 1004 55 acres of park land ifor a ratio of 12 99 acres per 1,000 populabon at ~ts current populabon of 77,300 When evaluabng Denton's total park acreage compared to local standards, ~t reflects that the City ~s currently above recommended standards The C~ty currently has a total of 1004 55 acres of park land, but is below the recommended community park acreage standard by 156 90 acres By the year 2010, the shortage w~ll be greater More specifically, by the year 2010, w~th a projected population of 119,250, the City of Denton w~ll have a short fall of 84 77 acres of neighborhood park land, a shbrtage of 282 75 acres of commumty park land and a shortage of 282 75 acres of C~tywide park land, The tables on the following pages summarize the standards apphed to the ex,sting parks m Denton 105 July 2000 ~ 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan PARK ACREAGE STANDARDS APPLIED TO DENTON Urban Open --- q/A N/A N/A Space Neighborhood 216 55 193 25 233 60 298 12 Community 75 00 231 90 280 32 357 75 C~tywlde 552 00 541 10 654 08 834 75 Linkages / 97 00 N/A N/A N/A Greenbelts Open Space 64 00 N/A N/A N/A Preserve TOTAL 1004.55 966 25 11168 00 11490 62 DIFFERENCE BETWEEN GUIDELINES AND EXISTING DENTON PARKS Neighborhood 216 55 +23 30 (-17 05) (-84 77) Community 75 00 (-156 90) (-205 32) (-282 75) CItyw~de 552 00 +10 90 (-102 08) (-282 75) L~nkages / 97 00 +97 00 -97 00 +97 00 Greenbel~s Open Space 64 O0 +64 O0 +84 O0 +64 O0 Preserve Total 1004.55 +38 30 107 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Neighborhood Park Service Area Denton Pa ~ Recreation Master Avo adale Park Nette Shultz Park McKenna Park Fred Moore Phoenix Park Owsley Park Park Pebblebrook M.L. King Jr. Park Park Joe Sidles Park Wind River Park ~' '~ Briardiff Park Bent Creek Estates Park River Oaks Park Legend Existing Neighborhood Parks .... Service Radius ~ Flood Plain NORTH ]ul~ 200o Community Parr Service Areas Denton Parks and Recreation Master Plan Evers Park Mack Park Denia Park Legend I Existing Commttllity Parks ..... City Limits .... Ser~q. ce Radius NORTH Jul~ 73OO Comparison of Facility DeveloPment to Denton Standards Another ~ay to analyze Denton s park system as compared to Standards ~s by fac~hty development Th~s allow~s a detailed review of current facihbes available versus recommended fac~hty development based upon population numbers Fac~ht~es companson allows the C~ty to see where more recreation faciht~es are needed ~n the community The following table prowdes a detailed fac~hty rewew based upon the 1999 populabon and the projected year 2010 population ~n Denton compared to recommendabons According to standards. the City ~ppears to be currently keeping up w~th demands for baseball fields, football fields, recreation centers and soccer fields The C~ty is noticeably shod in meeting facility standards for practice fields, swimming pools, and volleyball areas As the populabon ~ncreases over the next 5- 10 years, faclhty needs across the board will ~ncrease The recommendations also address the need for recreation fac~hbes such as pavlhons/pmnlc shelters, p~cn~c tables and playgrounds The C~ty of Denton falls short in these three categories for provid~ng passive amenities to its residents July 2000 2000 DentonI Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan FACILITY DEVELOPMENT STANDARDS APPLIED TO CITY OF DENTON Activity / Fac~hty Recommended ~lsttng Recommended Recommended Recommended Facilities Per I~i~llitlee Facilities for Facihties for Fac~litles for Population ~ II1 1999 Projected Projected Denton Populabon of Population of Population of 77,300 E 93,440 E m 119,250 E m 2005 2010 Baseball Fields (league) 1 per 5,000 c 14 15 19 24 Basketba{I Courts (outdoor) 1 per 5,000 a 9 15 19 24 Football F~elde I per 20,000 c 3 4 5 6 Pawhon/Picnic Shelter 1 per 2,000 ^ 18 39 47 60 P~cnm Tables I table per 300 c 173 258 311 398 Playgrounds 1 area per 1,000 c 19 77 93 119 Recreation Center 1 per 20~000 - 30,000" 3 3-4 3 5 4-6 Soccer Fields (league) I per 10,000 c ~, ~15 8 9 12 Soccer/Softball 1 5 per each ~ ' J Practice Fields league facility e 11 ~ 35 42 54 Softball Fields (league) 1 per 5,000 c .tt~, ~ , 15 19 24 Swimming Pool !~ (outdoor) 1 per 20,000 c ~ ~1~ ~ ~ 4 5 6 Tennis Courts 1 court per 3, 000 c 18 26 31 40 Trails 1 mile per 5,000 c '~ 13,~92 15 46 18 69 23 85 Volleyball Areas '~ ' ' (outdoor) I per 5,000 e 2 15 19 24 I ~ A Guidehnes from Kansas City Metropolitan Region Public Parks Standards in Recreation Park and Ooen Seace Standards and Guidelines. p 67, 4th prlnt~ng 1990, a publication of the National Recreation and Park Association B Guidelines from appendix A in Recreation. Park and Oeen Soace Standards and Gmdehnes, p 60-61 4th printing 1990, a publication of the Nabonal Recreation and Park Association C Guideline from Denton Parks & Recreation Department (Feb 1999) D Consultant recommendation based on years of park planning/design experience Prac~ce facilities should average approximately 1 5 times the amount of league facilities E Population numbers prowded by City of Denton Planning and Development Department 111 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan VI. NEEDS ASSESSMENT Introduction An ~mportant aspect of the Master Plan process ~s a demand and needs assessment which ~nvolves pubhc ~nput The purpose of the needs assessment study ~s to prowde a foundation for the recommendations made ~n the Parks, Recreabon and Open Space Master Plan The results ofthe needs assessment study w~ll prowde guidance for the Master Plan, which w~ll be based on c~bzen needs and prlor~bes MARC Research F~rm has completed an extensive phone survey measunng the success of Denton Parks and Recreation programs, parks and fac~ht~es The firm conducted the survey on a grat~s basra Over 400 completed responses were comp~led and presented to the Department ~n May 1999 The survey results w~ll guide the production of a new Parks, Recreation and Open Space Master Plan, the development of the upcoming park bond program, future operating budgets, program development, and recommendabons from the Revenue Enhancement Study Following are the results of the survey MARC Questionnaire Results Are you aware that the City of Denton offers the following services? Number Percentage Outdoor Athletics 246 61 5 Semor Programs 230 57 5 Health and Fitness 220 55 Special Events 216 54 Children's Programs ages 6-12 211 52 8 Indoor Athlet;ce 198 49 5 Teen Programs 186 46 5 After School Act;on S~te 177 44 3 Aquatics 172 43 M~ddle School Programs 154 38 5 Pre-school Programs ages 3-5 153 38 3 Outdoor/Camping Programs 122 30 5 Arts & Jazz Fesbval 107 26 8 Therapeutic Program 100 25 Hol;day Events 29 7 3 Story Telling Festival 9 2 3 Center Specific Programs 6 1 5 Spnng Fhng 6 1 5 Dance Programs 5 1 3 ~2 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Red Bud Days 4 1 Fry Street Fair 4 1 Other 2 0 5 None 49 12 3 Don't Know 8 2 How did you become aware of these services? Word of Mouth 150 42 7 Newspaper Columns 108 30 8 Brochure 48 13 7 Flyers In The Mall 43 12 3 S~gns and Posters D~splayed at Rec Centers 34 9 7 Distributed Flyers Through DISD 24 6 8 Cable TV 19 5 4 Billboards and Street Signs 11 3 1 Saw Events Taking Place 9 2 6 Newsletters 8 2 3 Other 6 1 7 General Flyers 5 1 4 Don't Know 5 1 4 Classified Ads 4 I 1 An Internet S~te 0 0 How would you prefer to receive Information? Brochure 38 9 5 Cable TV 53 13 3 Classified Ads 2 0 5 D~stnbuted Flyers Through DISD 19 4 8 Flyers ~n The Mad 127 31 8 An Internet Site 38 93 5 Newspaper Columns 66 16 5 Newsletters 24 6 S~gns and Posters D~splayed at Rec Centers 15 3 8 Word of Mouth 5 1 3 Other 4 1 Don't Know 9 2 3 What programs have you or your household participated ,n, ,n the past year? None 208 52 Special Events 89 22 3 Outdoor Athletics 56 14 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Arts & Jazz Festival 46 11 5 Health and F~tness 42 10 5 Sen~or Programs 34 8 5 Children's Programs ages 6-12 30 7 5 Aquabcs 27 6 8 Indoor Athletics 25 6 3 After School Action S~te 20 5 Teen Programs 16 4 Pre-School Programs ages 3-5 15 3 8 Hohday Events 13 3 3 Outdoor/Camping Programs 9 2 3 M~ddle School Programs 6 I 5 Concerts on The Square 6 1 5 Fry Street Fair 5 1 3 Other 4 1 Therapeutic Recreation 4 1 Spring Fhng 3 0 8 Story Telling Festival 3 0 8 Center Specific Programs 3 0 8 Don't Know 1 0 3 Why have you or your household not participated in the last year? Inconvement T~me 59 28 4 D~dn't Know About Programs 36 17 3 Too Busy 31 14 9 Don't Offer What I Want 26 12 5 Other 25 12 Haven't Lived Here Long 17 8 2 No Children In House 9 4 3 Inconvement Location 4 1 9 Don't Know 4 1 9 Instructor/Staff Did Not Meet Expectations 3 1 4 Cost Too High 3 1 4 Perceived Value 1 0 5 Previous Negative Experience Program Did Not Meet Expectabons Quahty of Service If these Issues were resolved, would you consider participating with us aga,n? YES 173 83 2 NO 28 13 5 114 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan On a scale from I to 10 (1=not Important to lO=extremely important) how important are programs offered by PARD? 1- Not Important at All 19 4 8 2 21 55 3 31 78 4 24 60 5 55 138 6 48 12 7 42 10 5 8 70 175 9 15 38 10- Extremely Important 66 16 5 Don't Know 9 2 3 What programs would you like to see Denton PARD offer? Add~bonal Adult Education Classes 16 4 Add~bonal Aquatics 11 2 8 Add;t~onal Festivals 9 2 3 Add~bonal,Outdoor Sports 9 2 3 Add~bonal Counsehng/Outreach Programs 9 2 3 Add~bonal Children's Programs 9 2 2 Additional Athletics 8 2 Additional Aerobics/Gymnasbcs 6 1 5 Other 71 17 8 None 314 78 5 Are you aware of the following Denton Parks? C~wc Center 346 86 5 North Lakes 316 79 Evers 274 68 5 South Lakes 267 66 8 Mack 262 65 5 McKenna 251 62 8 Dema 226 56 5 MLK, Jr 204 51 Fred Moore 193 48 3 Nette Shultz 123 30 8 Avondale 115 28 8 Bowhng Green 95 23 8 Phoemx 87 21 8 Bnercl~ff 72 18 Joe Sk~les 71 17 8 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Owlsey 61 15 3 M~lam 46 11 5 None 15 3 8 In the past year, which park have you wsited often? North Lakes 99 25 7 South Lakes 65 16 9 C~wc Center 50 13 None 47 12 2 Denla 21 5 5 Avondale 18 4 7 Evers 18 4 7 McKenna 18 4 7 Mack 14 3 6 Fred Moore 6 1 6 MLK, Jr 6 1 6 Don't Know 6 1 6 Nette Shultz 5 1 3 Joe Sk~les 4 1 Bowhng Green 3 0 8 Bnerchff 3 0 8 M~lam 2 0 5 Owsley Phoemx How often do you/household visit the park? Dady 15 4 4 Weekly 99 29 3 Monthly 82 24 3 4-11 T~mes a Year 70 20 7 2-3 T~mes a Year 53 15 7 Once a Year 12 3 6 Less Than Once a Year 5 1 5 Don't Know 2 0 6 When you visit a park, how long do you stay? Less Than an Hour 54 16 1-3 Hours 246 72 8 3 or More Hours 34 10 1 116 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan How well~ maintained would you say the Denton parks are? Extremely Well Ma~nta;ned 28 8 3 Very Well lMaintained 154 45 6 Well Maintained 139 41 1 Not Very Well Ma~nta;ned 13 3 8 Poorly Maintained 1 0 3 Don't Know 4 1 2 If you were to take a visitor from out of town to the best park in Denton, where would you take them? South Lakes 114 29 6 North Lakes 108 28 1 C;wc Center 62 16 1 McKenna 25 6 5 Evers 13 3 4 None 13 3 4 Don't Know 12 3 1 Avondale 9 2 3 Mack 7 1 8 Dema 5 1 3 Nette Shultz 4 1 Joe Sk~ies 3 0 8 Bowhng Green 2 0 5 Fred Moore 2 0 5 MLK, Jr 2 0 5 Bnerchff 1 0 3 M~lam 1 0 3 Owsley 1 0 3 Other 1 0 3 Phoemx Which of the following facilities would you like to see more of? Nature Trails 334 83 5 Hike/B~ke Trails 333 83 3 Teen Recraat~on Center 302 75 5 Recreatio~ Center 293 73 3 F~tness Center 288 72 Indoor Swimming Pool 276 69 Outdoor Family Water Park 273 68 3 Semor Center 269 67 3 Skate Park/In-Line Hockey 242 60 5 Outdoor B~asketball Court 233 58 3 ~? July 2000 2000 Denton ,Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Soccer F~elds 219 54 8 Horseback R~d~ng Tra~ls 214 53 5 Softball Fields 202 50 5 Indoor Basketball Courts 200 50 Baseball F~elds 198 49 5 Outdoor Tennis Courts 184 46 Racquetball Courts 181 45 3 Golf Course 136 34 Indoor Tennis Courts 135 33 8 Other 38 9 5 None 4 1 Which of these is most important to you? Nature Tra;Is 54 13 6 Outdoor Family Water Park 48 12 1 H;ke/B~ke Trails 44 11 1 Teen Recreation Center 42 10 6 Indoor Swimming Pool 39 9 8 Sen~or Center 28 7 1 F~tness Center 22 5 6 Other 19 4 8 Recreation Center 16 4 Skate Park/In-Line Hockey 14 3 5 Horseback R~d~ng Tra~ls 13 3 3 Golf Course 10 2 5 Baseball F~elds 9 2 3 Outdoor Tennis Courts 7 1 8 Soccer Fields 7 1 8 Indoor Basketball Courts 6 1 5 Softball F~elds 6 1 5 Indoor Tennis Courts 5 1 3 Racquetball Courts 4 1 Outdoor Basketball Courts 2 0 5 None 1 0 3 If a bond election were held next year to fund your favorite Improvements, would you vote for It? YES 361 91 2 NO 24 6 1 Don't Know 11 2 8 118 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan Would you vote for It If it increased your property tax? YES 275 73 1 NO 87 23 1 Don't Know 14 3 7 Would you vote for it if it Increased your sales tax? YES 215 57 2 NO 149 39 6 Don't Know 12 3 2 The City is considering the development of a family water park, would you say you. Strongly Support It 55 13 8 Support It 173 43 3 Neither Support Nor Oppose It 83 20 8 Oppose It 52 13 Strongly Oppose It 21 5 3 Don't Know 16 4 How would you say PARD is doing toward meeting Its mission? Excellent 28 7 Very Good 137 34 3 Good 192 48 Fa;r 30 7 5 Poor 7 I 8 Don't Know 6 1 5 How long have you been a resident of Denton? (Years) Zero 48 12 One 17 4 3 Two 36 9 Three 36 9 Four 23 5 8 Five 19 4 8 S~x-Ten 61 15 3 Eleven-Fifteen 41 10 3 S~xteen-Twenty 32 8 Twenty-one-Thirty 29 7 3 ~ 119 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Thirty-one + 55 13 8 Don't Know 1 0 3 No Answer 2 0 5 What ,s the name of the school nearest you? Umvers~ty of North Texas 49 12 3 Woodrow W~lson 27 6 8 Sam Houston 24 6 Evers 24 6 Ryan H~gh School 23 5 8 Texas Woman's University 22 5 8 G~nmngs 22 5 5 Lee 15 3 8 Denton High School 15 3 8 Stnckland M~ddle School 14 3 5 McMath M~ddle School 13 3 3 Newton Rayzor 13 3 3 Calhoun M~ddle School 12 3 Borman 12 3 Hodge 9 2 3 Tomas R~vera 6 1 5 Fred Moore Learmng Center 4 1 McNa~r 2 0 5 Selwyn 1 0 3 Sulhvan-Keller 1 0 3 L~berty Chnsban 1 0 3 Other 1 0 3 Don't Know 90 40 Gender Male 160 40 Female 238 59 5 No Answer 2 0 5 Into which of the following categories does your age fall? 18-23 67 16 8 24-30 78 19 5 31-40 70 17 5 41-50 26 19 51-64 61 15 3 65-74 30 7 5 Over 75 12 3 No Answer 2 0 5 Don't Know 1 0 3 ~ 120 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan In September of 1999, the Parks/Recreat~on/Beautlficabon/Arts Committee voted on their top developmentpnont~es L~sted below are the projects w~th descnpt~ons and budget esbmates Th~s ~nformabon wdl be used to help develop a bond package to be voted on ~n the early part of 2000 COST ESTIMATES Parks/Recreabon/Beaut~ficatlon/Arts Committee September 22, 1999 (results of first-round vote) Project Description Estimated Priority Cum TTL Costs Upgrade Bnng all park parking lots and $2,000,000 #1 $2,000,000 Ex~st~ng Parks dnves ~nto compliance w~th C~ty code requirements for pavement and landscape screemng, reconstruct and/or resurface existing lots, add curb where practical, replace ex~sbng park s~gnage ~n accordance w~th new standards Land Acquire land for community $1,800,000 #2 $3,800,000 Acqu~s~bon parks In mp~d growth areas ~n far south and far east Denton (approx 60 acres at $25,000 per acre plus 20%) Trads and Construct up to 5 miles of $640,000 #3 $4,440,000 Linkages h~ke/b~ke trads ~n parks and greenbelts Standard trod would be concrete, 10 feet w~de, but surfacing ~s flexible Also ~ncludes ~ntenor 8.foot walks m various parks 121 July 2000 2000 Denton Pai'ks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan I Beaubflcat~on Prowde $50,000 per year for $160,000 #4 $4,600,000 m~scellaneous beaubficat~on proJects to be determined annually by the C~ty and confirmed by the Oversight Committee Types of projects could ~nclude large-scale ~rngat~on & landscaping on public property, entrancaways, public art, fountains, curb reconstruct on/patterned ! concrete on medians, etc Funds could be used to leverage matching funds from other entlt~es Amencan Construct new building of 1600 $175,000 #5 $4,775,000 Legion Hall square feet adjacent to ex~st~ng Annex Amencan Legion Hall ~n Fred Moore Park Community Construct 2 lighted baseball or $550,000 #6 $5,325,000 Park soccer fields, p~cnlc, Development playground, walks, dr~ves, (Far South) parking, utilities and landscaping to serve rapidly growing area in south Denton Aquabc Center Combine recreation/water play $4,000,000 #7 $9,325,000 elements w~th competition pool to serve both DISD and leisure needs DISD has allocated $3 5 m~ll~on for th~s project C~wc Center Renovate/restore th~s 1967 $850,000 #8 $10,175,000 Renovabon building designed by O'Ne~l Ford I 122 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Community Construct 4 hghted soccer $1,500,000 #9 $11,299,605 Park and/or softball fields, Development restmom/concess~on building, (Northeast) picnic, playground, walks, dnves, parking, ubht~es and landscaping Acquisition funded through previous bond pmgram C~wc Center Construct ~n~t~al phase $2,300,000 #10 $13,599,605 Park (dam/lake area) of Ciwc Center Improvements Park Master Plan Phase One C~wc Center Construcbon second phase $1,000,000 #11 $14,599,605 Park (Oakland St parking, new west Improvements entry) of C~wc Center Park Phase Two Master Plan Denton PARD has also created a needs hst, based on projected growth to the year 2020 NEEDS ASSESSMENT {Based on Prolected Growth) - bv 2020 MULTIPURPOSE CENTERS (recreation, fitness, semor, community programs) - approximately 20,000 to '30.000 square feet par facility, typically located m a commun;ty park of 30 to 50 acres Serves 20,000-30,000 persons w~thin a radius of up to 3 m~les Area 3a - NE Community Park location Serves all or part of areas 3a/b, 4a/b, 5 Have land, need funds for facility PROJECTED TARGET DATE 2004 Area 7a115, also serving part of Area 6. Need land and development funds PROJECTED TARGET DATE 2009 Area 14, Need land and development funds PROJECTED TARGET DATE 2014 AQUATICS CENTERS (large Clty-w~de facihty which serves 50,000+ seasonal attendance Area 3a - NE Community Park location. PROJECTED TARGET DATE' 2002 SATELLITE SERVICE CENTER (serves as operating base for full park crew of 8 to 10 employees, maintaining parks w~thln a 3-5 m~le driving d~stance of the center) Area 7a115. Need land and development funds PROJECTED TARGET DATE 2007. July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan COMMUNITY PARKS (30-50 acres + May be developed w~th athlebc complexes, aquabcs facd~t~es, mulbpurpose centers, and other elements which serve 20,000 to 30,000 or more persons w~th~n a radius of 2 to 3 mdes) Area 7a Land and development BY 2004 Area 15 Land and development BY 2004 Area 14 Land and development BY2009 PUBLIC GOLF COURSE Location to be determined by market study, land avallabihty and access Need 200 acres +/- OTHER BUILDINGS Expand Senior Center by 1 Relocate to larger City-owned building in central city, or, 2 Acquire/develop new facility in area to be determined PROJECTED TARGET DATE' 2003. Add offices for centralized department administrative staff by 1 Relocated to vacated Senior Center, or, 2 Renovate the Civic Center Building PROJECTED TARGET DATE 2003 ~ 124 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan VII. Recommendations/Priorities for Master Plan The recommendabons and pnont~es In th~s section are a result of ~ncorporat~ng the ~nventory, standards, analys~s and needs assessment ~nto an action plan to d~rect the growth, development, and maintenance of the parks, recreation, and open space system ~n Denton for the next five to ten years The recommendations are based upon an ex~st~ng populabon of 77,300 and a proJected population of 119,250 Priority Summary At the completion of the c~t~zen survey dunng the needs assessment phase, a method of ranking pnont~es was implemented This method ~ncluded an extensive review of all standards, c~tlzen ~nput, and consultant recommendations The following factors were considered m order of ~mportance w~th weighted values assigned to each 1 C~t~zen Input/Survey Results - The specific needs and requests by the Denton community 2 City Staff Input- The specific needs as ~dent~fied by City staff based upon recreation programs and demands upon resources 3 Park Board Input - Specific needs as ~dent~fied by appointed board members 4 Consultant Evaluabon - Professional recommendabons based upon years of park planning/design experience as well as assessing the umque needs of Denton and ~ts commumty, demographics, etc The results of the pnonty ranking were tabulated ~nto three categones H~gh Pnonty, Moderate Pnonty, and Low Prionty The tables on the following pages provide a summary of the pnorit~es for the C~ty of Denton 125 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan SUMMARY OF PRIORITY ITEMS Denton Comprehensive Parks, Recreation and Open Space Master Plan 1 Outdoor Family Water Park 2 H~ke/Blke Tm~l 3 Nature Tra~ls 4 Teen Recreation Center 5 Indoor Swimming Pool 6 Senior Canter 7 Skate Park/In-hne Hockey 8 Recreabon Center 9 Baseball Fields 10 Soccer Fmelds 11 F~tness Center 12 Golf Course 13 Softball Fmlds 14 Indoor Basketball Courts 15 Outdoor Basketball Courts 16 Equestrian Trails 17 Outdoor Tenms Courts 18 Indoor Tennm Courts 19 Racquetball Courts [ 126 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle L~nkages Plan Recommendations for Land Acquisition One of the stated goals of the Denton Parks and Recreation Department is to ensure the equitable distnbut~on of parks, open space and recreation facilities Only through new acquisition and development w~ll the City be able to keep pace with the growing populabon of Denton During the needs assessment phase, the Parks/Recreation/Beautification/Arts Committee included land acquisition and a budget estimate m their development priorities Acquisition was targeted for rapid growth areas ~n far south and far east Denton The C~ty of Denton owns 1004 55 acres of land, as of January 2000 As compared to Denton's adopted standards and gu~dehnes, and with a currant populabon of 77,300, the c~ty has a shortfall ~n the community park category, with a surplus ~n the Neighborhood and C~tywlde Parks category Based on the Park Classification System (page 102), the C~ty specifically needs to acquire the following acreages to meet the current population needs of Denton YEAR 2000 Commumty Park 156 90 Acres 156 90 Total Land Acquisition (To meet 1999 populabon of 77,300, see page 107) As the City continues to grow towards ~ts projected 2010 populabon of 119,250, the shortfall in park land wdl ~ncrease Specifically, the City wdl need to acquire the following acreages in three (3) of the park categones to meet the projected population needs of Denton YEAR 2010 Neighborhood Park 84 77 Acres Commumty Park 282 75 Acres C~tyw~de Park 282 75 Acres 650 27 Total Land Acquisition (To meet 2010 populabon of 119,250, see page 107) The C~ty of Denton has a Parkland Dedlcabon Ordinance (see appendix B) that requires developers to provide neighborhood park land and fund ~ts m~t~al development A formula ~s used to calculate acreage or dollar equivalents that developers must donate to the C~ty when their developments are platted Because the City wdl continue to receive park land acres as new residential areas ara developed, the need for neighborhood park land sites ~s not as prevalent However, the Five-Year Action Plan does show where new neighborhood parks wdl be added over the hfe of the Plan These target areas represent neighborhoods ~n which park land dedication has not occurred, but where tt must be acquired The park dedication fees collected from new development ~n these target areas w~ll fund th~s acquisition The focus of land acquisition should shift to larger tracts that could accommodate community parks, graenway corridors and natural open spaces 127 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Land acquis~bon along the major creek corridors w~ll be ~mportant to provide for recreational greenways Greenway corridors help maintain npanan habitats, reduce the dangers of flooding, and protect the natural environment Open spaces and natural areas can also become connecbons from residential neighborhoods to schools, parks, shopping centers, and other destmabons (see Pedestnan and B~cycle Linkages Plan, page 148) The C~ty of Denton should begin to acquire available park land tracts that are 30 acres or larger in size These larger tracts would meet the pnmary need of community parks, greenway corndors and natural open spaces The C~ty should concentrate ~ts efforts to provide more park land and recreation opportunities to current and future residents ~n the rapidly growing areas of far south and east Denton The Pedestnan and Bicycle L~nkages Plan should be used as a gu~dehne when cons~denng new acqu~s~bon and connections to parks, schools, neighborhoods and shopping centers Recommendations For Facihty Improvements The following text describes vanous recreation fac~ht~es that are proposed for funding and development over the hfe of the 5 Year Action Plan These facility recommendations were derived from a random sample survey of 400 Denton residents in May 1999, from the work of the 2000 Blue Ribbon ClP Committee, the Parks and Recreabon Board, staff and other c~t~zens The fac~htles on th~s list are major capital ~nvestments and w~ll typically serve large numbers of citizens The list of recommended fac~hties ~s not exhaustive Nobceably absent from th~s hst are playground, p~cmc areas and other ~mprovements that are small ~nvestments, relative to those on the recommendation hst In particular, th~s Parks and Recreation Plan documents large deficits m Denton's supply of pubhc playgrounds and p~cnm areas (see comparison of ex~st~ng faclht~es against adopted fac~hty standards on Page 111) Such ~mprovements are essential elements of Denton's park system However, they were excluded from the recommended fac~ht~es hst for two reasons 1 ) they were not cited as pdonty ~mprevemants by c~bzens through the survey and pubhc input process, and 2) funding for and the Iocab0n of these improvements ~s achieved through the C~ty's park land ded~cabon ordinance The exclusion of such ~mprevements from th~s Plan's recommendations s~mply reflects that these needs are being met through other adopted strategies The following compdse the recommended major capital ~mprovements A Hmh Pnontvltems 1 Develop an Outdoor Family Aq,,atlc Center on newly acquired Northeast Park property m conjunction with the Denton Independent School D~stnct plans for a new natatonum 2 Provide for new Hike/Bike Trails at ex~st~ng and new park development, and along major drainage corridors Include accessible connections to park elements such as playgrounds and pavilions If parks are large enough, construct loop tra~ls through the park for multi-purpose ~ 128 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan users Reference the City w~de mobility plan which establishes a h~erarchy of tra~ls along ex~st~ng street corridors to accommodate multiple user groups and I~nk s~gmficant destinations (See Exhibit, page 145 ) 3 Develop Nature Trails throughout the c~ty, placing high pnor~ty on the preservation and conservation of exist~ng drainage corndors along H~ckory Creek, Pecan Creek and Cooper Creek Provide opportumt~es for ~nterprebve tra~ls w~th s~gnage Continue to develop and expand the tra~l opportunities at North Lakes Park and South Lakes Park 4 Depending on programming needs, prowde a new Teen Recreation Center centrally located in the community The Teen Center could provide areas for concessions, games, fitness, pool/p~ng pong,I a computer room, and a wdeo room It may be possible to combine th~s facility with Recreation Center recommendations and/or school development 5 Continue to explore the potential for an Indoor Swlmm,ng Pool through a joint-use natatonum w~th Denton lSD Explore the possib~l~ty of the new outdoor Family Aquatic Center prov,dmg a seasonal or permanently enclosed pool area 6 provide a new and larger, full service Senior Center Complex centrally located ~n the community or build a second Semor Center Complex ~n the south part of the community to expand the recreational potential of the current Semor Center Complex C Moderate Pnontv Items 7 Prowde one or more Skate Parldln-Llne Hockey fac~ht~es, ~nclud~ng a central location for league play and other d~spersed practica areas ~n the commumty 8 Develop Recreation Center facilities ~n growth areas m the north/northeast, far east and far south Denton May be able to combine facilities w~th Teen Recreation Center, prewously recommended Pursue joint facility development and use w~th schools and umversttles to utilize additional facilities such as gyms and meeting rooms 9 Continue to renovate and maximize the configuration of Baseball Field layout at Evers Park Provide new fac~ht~es at future Northeast Comrnumty Park, and ~n the far south and far east sectors of the community Pursue availab~hty of practice fields across the community to offset demands upon competition fields 10 Provide add~tional $occar Fields at future community parks ~n the northeast, far east and far south portions of the community Pursue joint-use agreements w~th Denton lSD and/or other agencies to utihze existing practice areas Acquire frontage land along Bonme Brae Road adjacant to North Lakes Park thus expanding soccar complex capab~ht~es 11 Expand Fitness fac~hties to new locations, including joint development of new schools and future recreation canters ~n the northeast, far south and far east port~ons of the commumty 12 Iflopportunity develops, pursue a new Golf Course ~n conjunction w~th a new mixed use development ~ 129 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle bnkages Plan 13 Redevelop/renovate ex,sting Softball Fields at North Lakes Park and Denla Park for maximum field layout and league act~wtles Pursue ava~lab~hty of other practice fields across the community to offset demand upon competition fields Provide new softball faclht~es at future community parks in the growing areas of northeast, far east and far south Denton C Low Pnontv Items 14 Provide for Indoor Basketball Courts ~n conjunction w~th new recreation center faclht~es ~n growth areas of north/northeast, far east and far south Denton Pursue joint-use faclhty development w~th schools and universities to utilize additional gymnasium faclht~es 15 Provide Outdoor Basketball Courts at future community parks ~n the northeast, far east and far south portions of the commumty Pursue joint-use agreements with DISD 16 Work w~th Denton County and U S Army Corp of Engineers to provide and market Equestrian Trail opportunities across the extended Denton County area Long range planning for greenbelts along H~ckory Creek and/or Cooper Creek may prowde opportunities for equestnan tra~l components 17 Prowde additional Outdoor Tennis Courts at future community parks ~n the northeast, far east and far south porbons ofthe community Pursue joint-use agreements with Denton lSD and/or other agencies to ut~hze ex~stmg practice areas 18 Future recreation centers may prowde IndoorTennis Court opportun~bes, ~n conjunction with design and programming of large gymnasiums 19 Future recreation centers may prowde Racquetball Court opportunities, m conJunction w~th design and programming of large gymnasiums ~ 130 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan Expenditure Analys s The following tables show prehm~nary dollar figures associated w~th each pnonty ~tem, and potential locations for each ~mprovement Rank Facihty Improvement/ Location Proposed Budget Recommendatmn HIGH PRIORITY ITEMS 1 Outdoor Family Water Park · Future Northeast Park $3 - 5 Million w/DISD 2 H~ke B~ke Tra~ls · Den~a Park Vanes - dependent on · Mack Park pawng type, width, length · Future Northeast Park · New Community Park(s) 10' average concrete · C~tywlde Pedestrian & trail ~s $40 - $50 per B~cycle L~nkages Plan hnear foot 3 Nature Trails · Hickory Creek Corridor $15 - $20 per linear · Cooper Creek Corridor foot · Pecan Creek Corridor (Assumes trail clearing, hmlted soil · North Lakes Park stabihzat~on, signage · South Lakes Park and erosion control) · New Commumty Park(s) · C~tyw~de Pedestnan& Bicycle L~nkages Plan · Fletcher Creek Corridor Vanes depending on 4 Teen Recreation Center · DISD Joint-use Fac~ht~es range of capital · Future Recreation Centers investment · Other Partnerships 5 Indoor Swimming Pool · Future Northeast Park $3 - 4 MiIhon w/DISD 131 July 2000 2000 Dent~n Parks end Recreation Master Plan end Pedestrian & Bmycle L~nkages Plan "~ ~ i~P~ iENDI~URE~ANALYSlS, Rank Facd~ty Improvement/ Locabon Proposed Budget Recommendation 6 Senior Center Complex · New complex located m $2 Mdllon - $4 Mdllon central or southern portion of community MODERATE PRIORITY ITEMS 7 Skate Park/In-hne Hockey · Future Northeast Park $100,000 - $150,000 · New Commumty Park(s) (does not include land acqu~s~bon) 8 Recreation Center · Future Northeast Park $5 Mdlion - $10 M~lhon · New Community Park(s) 9 Baseball F~elds · Future Northeast Park $75,000 - $125,000 · New Commumty Park(s) per unlighted field $75,000 per field for future I~ght~ng (does not include mass grading, storm drain or associated s~te work) 10 Soccer Fields · Future Northeast Park $75,000 - $125,000 · New Community Park(s) per unhghted field $75,000 per field for future hghbng (does not include mass gred~ng, storm drain or associated s~te work) 11 Fitness Center · Joint-use w/DISD Vanes depending on range of capital · New Commumty Park(s) ~nvestment · Other Partnerships 12 Golf Course N/A 132 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Rank Facility improvement/ Locabon Proposed Budget Recommendation 13 Softball F~elds · North Lakes Park $75,000 - $125,000 · Den~a Park per unhghted field · Future Northeast Park $75,000 per field for · New Commumty Park(s) future hght~ng (does not include mass grading, storm dra~n or associated s~te work) LOW PRIORITY ITEMS 14 indoor Basketball Courts · Joint-use w~th DISD N/A · New Recreation Center(s) 15 Outdoor Basketball Courts · Joint-use w/DISD ~ Court - $25,000 · New Community Park(s) $40,000 - $50,000 per unlighted court $60,000 - $70,000 per hghted court 16 Equestnan Trails · Joint-use w/County and Vanes - dependent on C O E level of development · Hickory Creek Corndor · Cooper Creek Corndor 17 Outdoor Tenms Courts · Northeast Park $40,000 - $50,000 per · New Commumty Park(s) unlighted court $50,000 - $70,000 per hghted court 18 Indoor Tennis Courts · Future Recreation N/A Center(s) 19 Racquetball Courts · Future Recreation N/A Center(s) ~ 133 July2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan VIII. Implementation Th~s portion of the Master Plan ~denbfies ways and methods of implement~ng the Parks Action Plan recommendations There are three avenues of ~mplementat~on that are ~mportant to th~s Master Plan Pohc~es and Ordinances, Funding Sources, and a F~ve Year Action Plan As the ~mplementat~on of the Master Plan proceeds, yearly updates and adjustments should be made by the C~ty to confirm the overall priorities and development act~wty of the Denton parks systems Policies and Ordinances Pohc~es Pohc~es are tools which a~d the c~t~zens, staff, and public officials to commumcate and coordinate on all matters which affect the Denton parks system The elected officials and boards, the City staff, the associated school d~stncts, adjacent mun~c~paht~es, and the c~bzens of Denton must all commumcate and work toward common goals Th~s will ensure the successful development of the park system for many generabons to come 1 Elected Boards and Commissions Conbnue efforts for the rewew and comment procedure to coordinate commun~cabons between the Park Board, C~ty Staff, the Planning and Zoning Commission, and the City Council 2 C~ty Staff Vanous C~ty of Denton departments should communicate ~n the same manner previously descnbed Input from all of the departments w~ll prowde the best possible solubon and create a team approach to getbng the best parks, recreation, and open space system for Denton Teams from operating departments should be formed to penod~cally review and recommend methods by which the implementat~on and conbnued support of the Master Plan is achieved 3 Adjacent Municlpaht~es The Denton Parks Department should conbnue commun~cet~ons with the adjacent mumc~paht~es Tra~l connections along drainage ways, open space connections, and joint use agreements can benefit all c~t~zens ~n the region 4 School D~sthcts and Univers~t~es The existing joint use agreement between the C~ty of Denton and the Denton Independent School District ~s an excellent start to jointly utlhze fac~htles The City and School Dmtnct serve many of the same c~tlzens and perform some of the same tasks A joint program of cooperation between the City ~ 134 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan and the School D~str~ct saves tax payers money and max~mizes local resources The C~ty and Denton I S D should formahze and expand the agreement to ~nclude use of school dlsthct athlebc fields and practice fields The agreement should detail ma~ntenanca, construcbon and hab~hty issues for the proposed construction of amemt~es at school s~tes by the C~ty and further use of ex~st~ng ~ndoor and outdoor school d~stnct owned fac~hbes 5 C~bzens The c~t~zens of Denton have already been and should continue to be ~nvolved in th~s Master Plan A key source of c~bzen ~nvolvement ~s through the various sports association These types of associations can support the ~mplementat~on of th~s plan by volunteenng for maintenance and recreations programs ~n their local parks They can also provide umfied support for fund raising activities, bond ~ssues, and park ~ssues that come before the C~ty Council Ordinances Ordinances prowde the legal framework for ~mplementat~on of the Master Plan The following ord~nancas will assist the C~ty of Denton in meeting the goals and object~ves for the Parks, Recreation, and Open Space Master Plan I C~ty/School/Others Cooperative Program A joint use agreement and programs for the cooperative shanng of fac~ht~es and maintenance saves the taxpayers of Denton money for years to come and allow for more and better quahty fac~ht~es Although specific C~ty/School use agreements currently ex,st, a comprehensive program would provide guidance for determining the need for development of land, fac~ht~es, maintenance and programs 2 Landscape Ordinance The C~ty of Denton has a Landscape Code It ~s ~ntended to promote preservation, protecbon and enhancement of the ecological and aesthetic attributes of the C~ty, ecological stab~hzat~on through urban forest management, protection, preservation and enhancement of the urban forest's appearance and protection and preservabon of nabve and specimen vegetative species 135 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan 3 Park Ded~cabon Ordinance The C~ty of Denton has a Park Dedication Ordinance which provides for neighborhood park land ded~cabon or payment of cash ~n lieu of as a condition to subd~ws~on plat approval Neighborhood parks prowde a variety of outdoor recreabonal opportunities, and the primary cost should be borne by the ultimate residential property owners who shall be the pnmary beneficiaries of such facilities Funding Sources There are several sources for funding the Parks, Recreation, and Open Space Master Plan The following soumes of funding are available and may be utilized by the C~ty depending on specific projects undertaken 1 General Fund Th~s ~s the pnmary source of funds for prowd,ng capital programs and ~mprovements The vanous park grant programs that award matching funds to non-profit organizations and municipalities to ~mprove park facilities should be continued as a way to garner public support wh~le stretching the general fund dollars 2 Bonds Bonds are an alternative funding source to the general fund There are two types of bonds which are used and have to be approved by referendum General ObhQation Bonds finance projects which do not produce enough revenue to cover the cost of bond retirement such as streets, fire station, and some park projects Revenue Bonds finance projects that produce enough revenue to retire their debt such as golf course and park projects Bond programs are affected by the bond ~ndebtedness of the C~ty, the bond rating of the C~ty, the bond market conditions, and the types of other ~mprovements which are competing w~th proposed park projects Enterpnse and Revenue Funds These are accounts separate from the general fund that can be used for specific program or activity such as recreation programs or facility expansion Maintenance Fees and Non-Resident Fees Fees are charged for the use of C~ty park and recreation fac~ht~es These fees prowde a means to collect from local and non-resident park users and 136 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan help offset some of the costs associated w~th the park system such as maintenance and operation expenses The City should continue to maintain and update ~ts ordinance as new fac~hbes are provided to the community 5 Grants-In-Aid These grant programs provide funding from sources other than mumc~pal sources The following hst ~dent~fies potential grant programs a Texas Recreation and Parks Account (TRPA) Program- Texas Local Parks, Recreabon, and Open Space Fund, adm~msterad by the Texas Parks and W~ldllfe Department (TPWD) Funds are available on a fifty percent (50%) cost share bas~s b The Landscaping Cost Shanng Program, administered by the State Department of Highways and Public Transportation F~fty percent (50%) cost shanng support ~s available for both h~ghway and pedestrian landscape projects on routes w~th~n the designated permanent state h~ghway system c Partnership Enhancement Monetary Grant Program, administered by the National Tree Trust Matching grants ara available on a 50/50 cost share bas~s Funds are available for projects which promote public awareness ~n support of tree planting, ma~ntenanca, management, protection and cultivation of trees m rural, community and urban setbngs These are small grants ranging from $500 to $20,000 d Urban and Commumty Forast Challenge Grant, admlmsterad by the Texas Department of Forastry Matching grants are available on a 50/50 cost share bas~s for a vanety of projects including program development, beaubficat~on, staffing and training workshops These ara small grants of $5,000 to $15,000 In-k~nd services and/or pnvate money can prowde the matching funds These ara competitive programs that ~ncorporate a sconng system, so funding ~s not guaranteed the first t~me an apphcat~on ~s submitted 6 Transportation Equity Act for the 21st Century (TEA-21) The Trensportabon Equity Act for the 21 st Century (TEA-21) was s~gned into law on June 9, 1998, and makes over $3 b~ll~on dollars available to state and local agencies over the next s~x years for transportation enhancement 137 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan projects Funds wdl be available for such projects as b~cycle and pedestnan fac~ht~es, trads, rads-to-trads, h~stonc preservation and s~mdar projects 7 Pubhc Improvement D~stnct (P I D ) New developments can estabhsh a Pubhc Improvement D~stnct (P I D ) when authonzed by the C~ty Councd and legally set up according to state law Th~s tax~ng d~stnct prowdes funds spec~flcelly for the operation and ma~ntenanca of pubhc amenities such as parks and major boulevards 8 Denton Park Foundation The Denton Parks Foundation, a 501 (c) 3 Non-profit Organization, has supported the act~wt~es, programs and fac~htles of the Denton Parks and Recraat~on Department for the past 12 years Th~s organization prowdes an opportunity for donation of t~me and money for the enhancement of special events, programming and park ~mprovements 9 Sports Facd~ty D~stnct A d~stnct may be estabhshed to raise funds, acquire property, enter into contracts for serwces, ~ssue bonds, and exercise the power of eminent domain for the purpose of creating parks, recreation, and sports facd~t~es The d~stnct ~s governed by d~rectors appointed by the County Commission, the City Council of the largest city ~n the county, and the school district with the largest population 10 Tax Increment Financing Dlstnct (T I F) T I F is a tool used by local govemments to finance pubhc ~mprovements When an area Is designated a T I F remvestment zone or d~stnct, the tax base is frozen at the current level As development occurs w~thm the T I F d~stnct and, therefore, appraised values of property m the zone increase, th~s increase ~n value, the tax increment, is captured The tax increments are posted to a special fund to finance improvements w~th~n the T I F dlstnct 11 Pnvate Donations Private Donations may also be received ~n the form of funds, land, facdit~es, recreation equipment, art or ~n-k~nd services Donations from local and regional businesses as sponsors for events or facd~t~es should be pursued 12 Joint Use Agreement / Cost Shanng Joint use agreements and cost shanng for ~n~t~al development, purchase of land, use of existing land and facd~t~es and maintenance and operation costs of facd~t[es can be constructed to allow for several ent~t~es paying and using ~ 138 July 2000 2000 Denton Parka and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan the same fac~ht~es Joint use agreements w~th the school d~stnct and pnvate recmabon providers should be pursued 13 Local Sports Organ~zabons Local sports organizations provide a source of funds or labor for the funding and construction, operation and maintenance of specific sports venues and amenities 14 Pnvately Run Enterpnse Pnvately run businesses which operate in con]unct~on w~th parks and recreation programs can prowde another avenue to prowde further recreation opportumt~es ~ 139 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Five Year Action Plan The F~ve-Year Action Plan responds to the priorities estabhshed ~n the Needs Assessment port~on of the Master Plan and sets up a t~me table w~th respect to the potential funding sources Working ~n coordination w~th the C~ty staff and the Task Force Committee, the plan combines action item recommendations for ~mprovements and new fac~ht~es ~n an effort to enhance the quahty of programming and fac~ht~es throughout the C~ty of Denton The tables on Page 145 through 149 outline fac~hty ~mprovements, location, proposed budgets, potential funding sources, proposed budgets and a t~me frame within which projects are to be funded The fac~hbes hsted are the mimmum which are recommended to be provided The map on Page 151 graphically summarizes h~gh pnoDty items w~th~n the F~ve-Year Action Plan Dunng the course of the next five years, ~f additional funding ~s received, for example, through General Fund or other sources, the schedule of projects may be advanced to move projects up earlier in the Rve Year Plan, allowing funding for currently unfunded projects 140 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Plan Update and Refinement The preparation of th~s Master Plan marks the beginning of a new d~rect~on for development of the Denton parks system The process of prepanng the Master Plan has successfully ~nvolved the needs and specific goals of the community as ~dent~f~ed by the Task Force Committee, Park Board, C~ty Staff, and c~t~zens of Denton The process of ~mplementtng the plan must now move forward into action The Master Plan prowdes the guiding d~rect~on for Denton s park system for the next five to ten years It ~s a dynam~c process, and therefore, w~ll need to be carefully momtored as Denton continues to grow The plan ~s not static, therefore, ~t must be apphed to the growing needs and demands for park facilities throughout the C~ty The C~ty staff should make annual rewews of the recommended Parks Action Plan and update current priorities, budgets, and t~me schedules After five years, the overall Master Plan should be rewewed and evaluated, especially m the area of the needs assessment from the c~t~zens Th~s w~ll ensure that the Master Plan truly meets the needs of those who hve and ra~sethe~rfam~hes~nthecommumty As th~s happens, theC~tyw~llcont~nueto provide ~ts c~t~zens quahty park fac~ht~es and servmes for all age groups 146 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Ordinance IX. Pedestrian & Bicycle Linkages Plan The opportumty to develop and expand the ex~st~ng network of on-street and off-street transportation alternatives within the city ~s an exc~bng long-range ws~on for Denton C~ty leaders recognize that transportation planning includes addressing the access and mobility needs of pedestnans and bicyclists to work and non-work desbnat~ons such as schools, umvers~bes, government centers, retail and commercial centers, entertainment venues, churches, recreational facilities, and w~thln local neighborhoods Th~s Master Plan includes a conceptual Mobility Plan that w~ll provide guidance for the development and ~mplementat~on of an ~nterconnected network of designated on-street bicycle routes as well as an off-street tra~l and pedestnan c~roulat~on system In the eady stage of the planning process, the Carter & Burgess planning team and C~ty of Denton department representatives beg~n to evaluate the goals and objectives for prowdmg different transportation alternatives w~thin the Denton community Several of the c~ty staff members had previously considered the concept of b~ke routes and s~dewalk connections within the city Th~s ~nput was an excellent way to combine previous ~n~tlabves with a new vis~on for mobility access wa several modes of transpodation Th~s collaborative effort also prowded the planning team a local understanding of the Denton community and ~mportant destinations that need to be connected for pedestnans and b~cycllsts As d~scussed in the published Denton Comprehensive Plan, w~th supportive land use and transportation policies, walking and b~cycllng can be pract~cel alternatives to dnvlng (especially for short tnps), contribute greatly to the quahty and wtal~ty of the street scene, and help achieve enwronmental goals Pedesthan and b~ke ~mprovements to ~ntersect~ons, s~dewalks, and other fac~hties can improve access and safety, and are particularly ~mportant for children, semor adults, people w~th d~sab~l~ties, Iow/moderate ~ncome c~t~zens, and people who choose to use th~s mode of transportation A desirable goal is to ~ncrease the amount of walk~ng and b~cycl~ng that local c~tizens parbc~pate m This can be achieved by creating desirable, safe, convement environments that are conducive to walking and bicycling The Denton Comprehensive Plan has outlined several strategies to meet th~s goal A Create an Urban Tra~l System to facilitate walking and blcychng as viable transportation choices, prowde recreational opportunities, and I~nk major parks and open spaces w~th Denton neighborhoods B Integrate pedestnan and bike facilities, services, and programs ~nto both c~tywlde and regional transportation systems where appropnate to provide 148 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Pedestnan amemt~es and weather protection Safe and convenient pedestnan and b~ke access to transit stops, centers and stations Adequate hght~ng, security, and other improvements for persons w~th disab~htles and special needs B~ke capacity on buses, ra~l, and other modes Covered, secure bike parking at transit centers and stations C Recognize the ~mportance of walking ~n the city and the contribution walking makes to achieve personal mobility and enwronmental Oblect~ves Enhance the pedestrian enwronment throughout the c~ty D Through ~mplementat~on of the comprehensive plan and/or neighborhood planmng, designate Key Pedestnan Streets w~th~n the h~ghest-dens~ty portions of urban centers and neighborhood centers Design and operate the streets to be safe and attractive for pedestnans, improve access to transit, encourage street-level act~wty, and faclhtate social interaction Integrate pedestrian fac~ht~es into street ~mprovements on these streets E Accelerate the ~mprovement of ex~st~ng pedestnan facilities and develop and maintain new ones throughout the city Increased pedestnan acbwty, enhance pedestrian safety, and promote a pleasant walking enwronment, with special consideration to pedestrian fac~ht~es ~ncluding recommended school walking routes, access to transit, access for people w~th dlsablht~es, and access to and w~thm urban center and neighborhood center environments F Provide and maintain direct, continuous bicycle routes, and make all appropnate streets b~cycle-fnendly Accelerate development of b~ke fac~hbes ~n, around and between mixed-use centers, neighborhood centers, and other key locations Fac~htate b~cychng, where appropriate, by techmques such as prowdlng separate trails or b~cycle lanes The Mob~hty Plan included here~n addresses a h~erarohy of potential transportation routes across the overall c~ty The proposed mob~hty network Includes three modes of non-motorized transportation Sidewalks for pedestnan and/or bicycling connections, Bike Routes for s~gmficant b~cychng act~wt~es, and Greenway Corridors along ex~stmg dranageways to serve a wide range of tra~l users Sidewalk System The s~dewalk system represents the most basic off-street transportation nebNork vath~n the C~ty and should be readily available along most c~ty streets and throughout neighborhoods Located within the parkway, the recommended s~dewalk should be a m~nlmum of 5 feet w~de w~th a 3-foot 149 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan buffer between the edge of the street pavement and the edge of the s~dewalk In areas where combined pedestrians and bmychsts will be using the sidewalk, it ~s recommended that the w~dth of the s~dewalk be a m~mmum of 8 feet ADA requires walkways to be accessible to all users, w~th runmng grades less that 5% and cross slopes less that 2% S~dewalks should be of all weather, shp resistant material such as concrete Street furnishings, s~gns, and utlhty pole locations need to be considered so that pedestrian movement ~s not ~mpeded The Mob~hty Plan proposes new s~dewalks to provide connecbons to major desbnat~ons and recreational s~tes throughout Denton Some of these pnonty areas ~nclude connecbng the downtown central bus~ness d~stnct to both the UNT campus and the TWU campus Th~s would allow students and c~bzens an alternatwe mode of transportation w~thln the ~nner port~on of the c~ty Another pnonty area ~ncludes prowdlng s~dewalks from school fac~hbes to local parks and neighborhoods This would allow students an opportunity to travel to school and back within a safe, off-Street enwronment Finally, an additional pr~onty would be to connect parks to other c~ty parks and recreational faclht~es throughout the commumty Bike Routes Bike routes can be prowded w~thm either an on-street network or off-street network Where ex, sting streets are very narrow, it will not be feasible to provide a bike route on the actual street In this instance, b~ke routes can be provided along tra~ls w~th~n the parkway assuming the width allows a safe route of travel Where streets are w~de enough for b~cychsts, a b~ke route can be designated by both pavement marking symbols, as well as s~gnage along the b~ke route Th~s w~ll encourage an ~ncrease ~n b~cychng as an alternative mode of transportation By designating a b~ke route, regular users can determine the best route of travel to major destinations w~thln the City Motorists w~ll also be familiar w~th the b~ke routes, which will ~n turn increase safety The Moblhty Plan proposes a senes of designated bike routes that w~ll provide a network across an extended region of Denton Some of these pnonty areas include providing bike routes from the UNT campus and TWU campus to the outer reaches of the city bruits W~th the increased populanty of b~k~ng, the college students w~ll enjoy the extended areas to take longer rides through scenic, rural setbngs Another priority will be to provide bike routes that connect the major parks w~thin the city Eventually, the bike routes should also interface w~th the proposed greenway corridors along the creeks and dra~nageways Greenway Corridors One of the most v~s~onary aspects of the Mobihty Plan ~s to create a series of greenway corridors along the major dralnageways ~n Denton These greenway corridors w~ll offer a very exciting d~vers~ty of recreational act~wt~es w~thln a natural setting Such acbvibes might ~nclude walklng/j~gging trails, nature tra~ls, ~nterpret~ve areas, bird watching, p~cn~cklng, and sightseeing These greenways will need to be carefully coordinated w~th other city departments such as engineering, drainage, and traffic to ensure that a hohstlc approach ~s taken in planning any 150 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan ~mprovements w~th~n the drainage corndor It w~ll also be important to maintain a w~de enough corndor to ensure the natural enwronment is not impacted by potential development actlwt~es Several creek corndors have been ident~fied w~th~n the Mob~hty Plan as potential greenways to serve as part of a long-range, non-motonzed transportabon network These ~nclude Cooper Creek to the north, Pecan Creek m the central port,on of Denton, and H~ckory Creek m the southern port~on of Denton Each of these areas d~ffer in natural character and amount of exist~ng development, but each offer a variety of opportun~bes for tra~l and recreational development Refer to map on page 155 151 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan '~'~'~' ~ · ,'---- MINIMUM 5' SIDEWALK ~0 w ~ v~) SIDEWALKS 152 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan BI~ ROUT~ WITH'~ ~.~ SHA~ED USE T~AFFtC LANE STREET PAVEMENT (VARIES) [ R.O W (WIDTH VARIF. S) BIKE ROUTES PROVIDE MAXIMUM SETBACK MII~IMUM 8' WIDE TRAIL FROM STREET PAVEMENT FOR BICYCLISTS AND PEDESTRIANS [ ] BICYCLE & PEDESTRLAN TRAILS 153 July 2000 2000 Dentor~ Parks and Recreabon Master Plan and Pedestrian & Bicycle Linkages Plan NATUR~ TRAILS, INTERPR.~ AREAS, PICNIC AREAS, LrTC T TRAIL L(Xi:ATION VAn .~,-. ~ DEPENDINO ON NATURAL AREA, DRAINAOE CHARACTERLq~CS AND WIDTH OF OREENWAY CORRH:IOR CREEK CORRRX)R GREENWAY CORRIDORS 154 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle L~nkages Plan Ordinance Appendix I B~bhography The Traffic Safety Toolbox Washington, D C Institute of Transportabon Engineers, Second Printing, 1993 156 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan LANDSCAPE ORDINANCE CITY OF DENTON, TEXAS CHAPTER 31 of THE DENTON CITY CODE ARTICLE I. IN GENERAL Sec. 31-1 Short Title. Thru chapter shell be known and may be cited as the Denton Landscape Code Sec. 31-2 Statement of Purpose. The tntent of this article is to promote the ~mmedmte and Iong-tarm public health, safety, economic stability and general welfare by establishing and managing the CRy's urban tree canopy coverage This article is intended to promote the following general purposes (1) Preservation. protection, and enhancement of the ecological and aesthetic attributes of the City (2) Ecological stabilization through urban forest management that contributse to the processes of air purlflcabon, oxygen regeneration, ground water recharge, storm water runoff retardation, and promotes energy efficiency and water conservation, thereby abating noise, heat and glare (3) Protection. preservation and advancement of the urban forest's appearance, character and value that Includes all properties within the community, and that contnbutes to a strong sense of neighborhood, community, and quality of life (4) Protection and preservation of native and speamen vegetative speaes, their ecosystems and natural habitats and preventing damage to and unnecessary removal of vegetation dudng the land development and construction processes ($) Acknowledgement that trees and landscaping add value to property, protect public and pdvete ~nvsetment to the general benefit of the City and ~ts residents (6) More speaflcelly, this article ~s intended to a Protect water resources, flood plains, environmental qual~, and the natural and man-made physical and visual quality of the City b Mitigate the effects of impervious surface land coverage by structures and paving that tend to increase ambient air temperature and generate greater water runoff causing erosion, flooding, and water pollution c Prevent clsar-c, uttlng and mass grading of land by encouraging the use of natural terrain for building sites, and by providing cluster development incentives d. Promote native plant species preservation and replenishment, and encourage the usa of drought tolerant and Iow water usage vegetation e, Provide incentives for tree praservaticn f Protect end provide wildlife habitats g. Require landscaping and screening to promote land use compatibility and improved aesthetic quality Page 1 · Onginal Ordinance Approved Apnl 7~, 1998 · Amendments Approved November 17~, 1998 · Ong~nal Ordinance Effective Date May 1", 1998 · Amendments Effectn/e Date December 1". 1998 h Promote so~l conservabon by mimmizmg natural terrain d~sturbances, thereby reduong sedimentation, and air and surface water pollution Sec. 31-3 Definitions. Clearing An intenbonal act to cut down, remove all or a substanhal part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or d~e Clearing ~s defined to mctude, but not be limited to, chemical, physical, compaction, or grading damage Clear-cutting ;s a cleating actwity conducted over an entire lot Crffloal Root Zone A circular region measured outward from a tree trunk representing the eseent~al area of the roots that must be maintained or protected for the tree's survival A tree's critical root zone ~s measured as one foot of radial d~stance outward from the trunk for every tach of tree DBH, and may be no less than a radius of eight (8) feet ~ Diameter-at-breast-height (DBH) Is the tree trunk d~ameter measured m inches at a height of 4 5 feet above ground level If a tree splits into multiple trunks below the 4½ feet level, DBH will be defined as the sum of each individual trunk measured at 4½ feat above ground level, or the single t~unk et ~s most narrow dimension, whichever is greater Director The City of Denton D~rsotor of Planning and Development, or the Director's designee Drfp/ine The area beneath the canopy of a tree defined by a verbcal I~ne extending from the outermost edges of the tree branches to the ground Eros/on The detachment and movement of so~l or rock fragments, or the weenng away of the land surface by water, wind, ice, or gravity Grading The msohen~cal or physical act of disturbing, moving, remowng, transfemng, or redietnbuting soil or earthen surfaces G~ Lot Area. An area under public or private property ownership, whose lot lines ara described by plat or deed Ground Cover. Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture loss Impervious Surface A surface that has been compacted or covered w~th a layer of matedal so that ~t is highly resistant to infiltration by water Indu~f;rlal Properb/ Properties developed v~th land uses described m the 1987 STANDARD INDUSTRIAL CLASSIFICATION MANUAL, published by the Executive Office of the President, Office of Management and Budget, within the following cetegonea Manufactunng (Division D) or Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation (Dwision E, Major Group 42, Industry Group No 423) Limits of Clearing and Grading The boundadee of that area of land identified ~n a landscape plan to be subject to soil disturbance or cleared of trees and other vegetabon m conjunction vath a proposed development or land use Live,Plant Materials. 'Live" plant material, including grasses, annuals, perennials, bulbs, groundcover, shrube, and trees are botanical plants that are nounahed through the processes of air, water, and soil nutrients Plant materials such as, plastic, fibrous, s~lk or other non-live materials are not considered 'live' plant materials Landmark Tree' A tree that has been determined to be of unique community value because of its size, specie, age, form, h~atoncal significance, or other unique charactensbcs Paga 2 · Original Ordinance Approved Apnl ?~, 1998 · Amendments Approved November 17~h, 1998 · Original Ordinance Effective Date May Ist 1998 · Amendments Effective Date December Ia, 1998 Outdoor Storage Area Any area that contains trash collection areas or dumpster refuse containers. outdoor loading and unloading spaces, docks or outdoor shipping and receiving areas, outdoor storage of bulk matenals and /or parts, or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealers, or inspection stations Temporary construction and related activates are exciuded from this definition Permanent Tree Protection Devices Structural measures, such as retaining walls or aeration devices, that ara des~gnad to protect the tree and its root systems throughout its lifetime Planting Area An outdoor area, the surface of which may not be covered by ~mparvicua surface materials such as asphalt or concrete, nor by structures, and devoted entirely to the planting or construction and maintenance of trees, shrubs, groundcovers, far,ce__-, walls, and/or earthen berms Temporary Tree Protection Devices: Physical barriers, at least four (4) feet ~n height, installed prior to construction for the purpose of preventing damage to trees Such devices ~nclude snow fenang, chain link fence, barbed wire fence, vinyl construction fencing or other similar temporary barrier, may be no lass than four feet in height, and non-intrusive to the tree ont]cal root zone Tree Topping The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree that removal of the top canopy disfigures and InvRea probable disease to the tree Vegetation' Ail plant life, however, for purposes of this chapter shall be restricted to mean trees. shrubs, ground cover, and vines with the exception of state and federally protected or endangered vegetative species which in all cases shall be preserved Vehicular Surface Ama Any outdoor off-street area used to store or drive motor vehicles that does not contain defined off-street parking i~oaces Paved areas used for drive-through windows, parking lot access lanes, or gas station pump lanes are considered to be vehicular surface areas See. 31-4 Applicability. (1) All property located within the city limits of the City of Denton m subject to the provisions of this article Cleadng and grading permits shall be required for all property pnor to the commencement of clearing and grading activity It shall be unlawful to commence any clearing or grading activity without first obtaining a clearing and grading permit Complete and accepted tree inventory plans shall be required prior to preliminary plat approval Approved landscape plans, which may also demonstrate eatlafaotory clearing and grading requirements shall be required prior to final plat approval Approved plot plans shall be required prior to ~ssuance of building permits, and Inspected for compliance prior to final inspection and/or issuance of the certificate of occupancy The requirements of this chapter will cease to be ~n effect upon the satisfactory completion of the final Inspection for single-family and duplex residential dwellings (2) When remodeling, redevelopment, or reconstruction ~s proposed on platted property that would result in an expenmon of gross floor area. parking lot area. or vehicular surface area. the fcllowtng prowsions shall apply a When remodeling, redevelopment, or reconstruction m proposed on platted properly that would expand existing gross floor area of the lot's structure or structures by less than twanty-five (25) pareant, the proposed actwity is exempt from the provisions of this article b When remodeling, redevelopment, or reconstruction m proposed on platted property that would expend emstlng gross floor area of the lot's structure or structures by t~enty-flve (25) percent or more, but less than fifty (50) percent, only the portion of the sas where the expansion ~s located is subject to the provisions of this article Page 3 · Orig,nal Ordinance Approved Apnl 7~, 1998 · Amendments Approved November 17~, 1996 · Original Ordinance Effective Date May 1", 1998 · Amendments Effectwe Date December 1 '~, 1998 c When remodeling, redevelopment, reconstruction, or expansion m propo~d on platted property that would expand existing gros~ floor area of the tot's structure or structures by fifty (50) percent or more, the entire property must comply w~th the provisions of this ert~cie d When parking lot or vehicular surface area ~mprovements are proposed that would result in an impervious surface expansion of twenty-five (25) percent or greater, or would result ~n impervious surface reconstruction amounting to twenty-five (25) percent or greeter, the requirements of Sect~n 31-7(1) shall be appl~:l only to the area where the expansion or reconstruction occurs This prowsion shall apply only when such improvements are not part of a structural remodeling, redevelopment, or reconstrucben proposal Sec. 31-$ Exclusions. (1) Property being actively used for agricultural, rench~ng, or ltvastoc~ production and eervee as the source of primary Income for the ow~er/leeeee is exempt from the provis~one of thi~ a~cle A cieenng and grading permit mum be submitted, without charge to the applicant, to eewe as declaration of exemption fmrn this art~k~e Property ~lentlfied in the permit is excluded from any other land uses, other than those defined in this section, for a period of no less than 5 years from the date of lesuance of the cJeering and grading permit (2) The following area shall be exempt from the provisions of this aracle a The Central Business Distnct, amended as shown ~n Appendix A, b The Fry Street Development Corporation Boundary as shown in Appendix B, c The Denton Municipal Airport as shown in Appendix C, and d The Denton Municipal landfill (3) Single-family homeowners may claim an exemption from the prows~ons of this article if they verify their status as the owner or contract vendee of the property before the final ~nepection Is completed. and verify in writing that they will be the occupants of the home ARTICLE II. TREE AND LAND PROVISIONS Sec. 31-6 General Provisions. (1) Tree Requirements a Trees Ail property shall provide trees at a rabo of f~een (15) trees per acre (43,560 square feet), or one (1) tree per 2.904 square feet of gross lot area Industrial property shall provide trees at a ratio of fifteen (15) trees per acre (43,560 square feet), or one (1) tree per 2,904 square feet of net lot area, calculated at 60 percent of the gross lot area or by exclusion of the main enclosed structure ground floor area from the gross lot area, whichever is lass b Size All trees planted to satisfy the tree standards must be a minimum of three (3) inches in caliper measured six (6) inches from top of container c Specie Ail trees planted to meet the requirements of this section must be listed on the Selected Species List No trees wth a maximum mature he;bt of twenty-five (25) feet or greeter may be planted within twenty-five (25) feet, measured horizontally, from the nearest overhead utility line d Species Diversity The following Species Diversity Requirements shall apply to all landscape Plans, but shall not he used to I~mlt eligibil~'y for tree credits Page 4 · Ong~nal Ordinance Approved Apnl 7t~, 1998 · Amendments Approved November 17~, t998 · Original Ordinance Effec~twe Date May 1"t, 1998 · Amendments Effective Date December tst, 1998 Number of Required Maximum Percentage S~ta Trees of Any One Species 10-19 50% 20-39 35% 40-59 25% 60+ 15% e Tree Selection At least 50 percent of the total tree requ,rement for the property shall be Large ~nd Medium Trees as specified In Sec 31-15, Selected Species List. The remaining trees may be any size tree as specified in Sec 31-15, Selected Species LIst (2) Land Requirements a Planting Area All property shall reserve as planting area a minimum of twenty (20) percent of gross lot area b Umits of ClaerinQ and Grading The limits of deanng and grading shall be designated on the approved landscape plan prior to commencement of any construction activity The limits of clearing and grading shall designate the outerrneat edge of the area w~thin which the existing topography is to be altered by cutting, filling, and vegetation removal In evaluating the Emits of Cleadng and Grading, the Development Rewew Committee shall determine that reasonable construction design principles, practices, and installation techniques have been employed to minimize areas subjected to disturbance The extent of land disturbance shall be minimized. and shall e__ccommndate only the following activities (1) Street constru~on and necessary slope construction However, such clearing shall meet the c. rtteda of the City (2) Pubhc earv~ce or utility easements and rights-of-way This shall ~nclude areas for utility line installation with any temporary construction easements necessary for such installation and easements for maintenance access These easements shall not be cleared pdor to actual line installation Temporary construction easements shall be located to minimize soil disturbance and tree removal (3) Building roof coverage area and ancillary structures, such as covered pet]ce and porches, plus up to 10 feet on all sides for construction activity (4) Driveways, alleys, wsikways, perking lots, and other land area necessary to the installation of the proposed development or use Other necessary land area may include area for tennis courts, swimming pools, and related structures and uses. (5) Area for septic field aa required by the Utility Department This shall not include area necessary for reearve lines until such bme as the reserve lines must be installed (6) Sediment basins Only the area necessary for the construction of the dam, the area in which sediment will collect, and the area necessary for construction and maintenance of the bea~n shall be cleared of vegetation Configurabon of the basin shall use natural terrain aa much aa possible to minimize vegetation removal Any vegetation that dias aa a result of the deposit of sediment end/or debris shall be removed by the property owner (7) Detention ponds Only the area necessary for the construction of the dam and the area necessary for construction and maintenance of the pond shall be cleared of vegetation Configuration of the pond shell use natural terrain aa much aa possible to mlnim,-e vegetation removal Any vegetation that d~ea as a result of the deposition of sediment end/or debris shall he removed by the property owner Page · Ong~nal Ordinance Approved Apdl 7~, 1998 · Amendments Approved November 17e~ 1998 · Original Ordinance Effective Date May 1't, 1998 · Amendments Effective Date December t~t, 1998 (8) Other types of construction, or land act~'y associated ruth construcbon, not hsted in items 1 through 7 (above), that are necessary for the reasonable completion of the project (3) Street Trees (reserved section) Pending Comprehensive Plan completion, thls section serves as not~ficabon that the C~ty of Denton ~ntends to ~mplement street tree requirements ~n the near future (4) Tree Credits a Preservation of existing trees may be used to receive credit toward meebng the Tree Standard of 15 trees per acre, ~' the trees are healthy and vathout substantial damage or defect Tree credits shall be earned in the following Increments DBH of Ex;sting Tree Tree Crad~s 3 to 9 inches 1 0 9+ to 15 In~m 1 5 15+ to 21 Inches 2 0 21+ to 27 Inches 2 5 27+ inches 3 0 Landmark Trees 5 0 b Tree credRs may not be eemed for preservahon of existing trees located on land required to be dedicated for public right-of-way or easement puqx~es, unless the pmberty owner can demonstrate the ability to protect the credited trees by way of restrictive covenant or other legal instrument considered satisfactory by the City Attorney c Tree Credit Protection Measures Tree credits vail not be permitted unless temporary tree protec~tion devices are installed at least to the limit of the critical root zone or the drlphne, whichever Is greater, during construction activity The follomng activities shall be prohibited within the limits of the c,~tical root zone or ddpline of any tree being preserved for credit (1) Physical Damage Any physical damage to a tree preserved for cred~ that is considered to place the survival of the tree in doubt shall be ehminated as a credited tree Tree topping m prohibited for trees preserved for credit (2) Equipment Cleaning and Liquid Disposal No equipment shall be cleaned or other liquids deposited or allowed to flow overland w~thin the limits of the critical root zone of a protected or landmark tree This includes paint, o~1, solvents, asphalt, concrete, mortar, tar or similar materials (3) Grade Changes No grade changes (cut or fill) shall be allowed w~thin the limits of the critical root zone of any protected tree unless adequate construct;on methods are approved by the Director of Planning and Development (4) Impervious Paving No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed mthin the limits of the critical root zone of a protected tree, unless otherwise specified vathin this article (5) Marshal Storage No materials intended for use m construction or waste materials accumulated due to excavation or demol~on shall be placed within the limits of the critical root zone of any protected tree (6) Tree Attachments No signs, w~ree, or other attachments, other than those of a protective nature shall be attached to any protected or landmark tree (7) Vehicular Traffic No vehicular and/or construcbon equipment traffic, parking, or storage shall taka place within the limits of the critical root zone of any protected tree other than on Page 6 · Original Ordinance Approved Apnl 7"~, 1998 · Amendments Approved November 17"~, 1998 · Original Ordinance Effective Data May 1~t, 1998 · Amendments Effective Data December 1"t, 1998 existing street pavement This restriction does not apply to single incident access within the crltloel root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular access necessary for murine ubllty maintenance or emergency restoration of utility service or routine movang operations (5) Landmark Trees Landmark Tree nominations mil be prepared by the D~rector, dunng Landscape Plan review or after the evaluation of nomination proposals submitted to the Director Those specie with a minimum diameter of at least 75% of the listing in the most current publication of the Texas Forest Service B_~ Tree Reoistry are eligible for Landmark Tree nomination If s tree eligible for Landmark nomination is so designated by the Director, the owner of the tree must either preserve the tree In accordance with Section 31-6(4)c of this article or prowde replacement trees with a combined caliper in inches, measured six (6) inches above the top of container, equal to one-half (50%) of the diameter ~n inches, four and one-half (4½) feet above ground level, of the designated Landmark Tree that is removed If a tree ie designated as a landmark tree ~t shall be unlawful for an owner of the tree to fail to preserve the tree or fall to replace the tree within s~x (6) months of the time of the clearing or grading, as required by this article (6) Residential Subdivisions a Residential subdivisions may demonstrate compliance with the 15 trees par acre Tree Standard by calculating the average number of trees per acre for the area contained within the entire subdivision b If a residential subdivision achieves an average of 30 or more trees per acre by reserving open space to be dedicated to the City. including land required by the City's park dadicebon ordinance, or to be maintained by a homeowners' association, minimum lit size may be reduced by ten (10) percent in order to realize the maximum density allowed within the zoning district (7) Public Property a All lands owned as individual Iota by governmental entities are subject to the provisions of this article to the extent allowed by law The City of Denton appreciates the participation of federal, state, county, and other judedlitlins in the management of the City's tree cover b Construction Projects located within Public Rights-of-Way and Easements The area defined by project limit lines will be used to determine tree standard compliance Trees removed must be replaced in accordance with the table provided in this section If replacement trees cannot be planted within the project area, they must be planted within areas designated by the Director and consistent with city open space plans DBH of Tree Replacement Existing Tree Requirement 6to 12 inches 1 0 12+ to 24 inches I 5 24+ to 36 Inches 2 0 36+ Inches 2 5 (8) Functional Requirements a View Obstructions All landscaping, trees and screening devices required by this article shall be constructed, installed and maintained so as not to obstruct the view of motorists between the street and the access drives and parking asies near the street yard entries and exits, nor shall Page 7 · Onginal Ordinance Approved Apnl 7th, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1*t, 1998 ,Amendments Effective Date December 1*t, 1998 any landscaping which creates an obstruction or view be located in the radius of any curb retum b Traffic Barriers All planting areas, ~ncluding critical root zones around trees and those used for parking lot screening and intenor landscaping areas, which abut any parking lot or vehicular area shall be protected with curbs, parking blocks or s~m~lar barriers sufficient to protect vegetation from vehicular ~ntrusion c Plant and Planting Quality Conformance All plant materials, including replacement trees, shall be specified and planted with plants using the standards of the most recently published version of the Amedcan Standards for Nursery Stock, by the American Aesoctat~on of Nurserymen All plants shall be dearly tagged by the providing nursery for easy ~nspection with the Botanical Name All landscaping shall be installed according to sound horticultural practices, in a manner designed to encourage quick establishment and healthy growth d Stockpiling Topsoil that is removed during construct;on shall be stored onsite and conesrYed for later use In required planting areas ARTICLE HI. LANDSCAPE REQUIREMENTS Sec. 31-7 Specific Landscape Area Reqmrements. (1) Parking Lot Screening and Landscaping a Perimeter Screening Any perking lot or portion thereof that is visible from the public right of way and contains 10 perking specas or more shall provide perimeter screening The perimeter of each perking lit, excluding driveways, which fronts upon or ~s adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-slx (38) inches and installation height of eighteen (18) ~nches or greater, and spaced no more than twenty-four (24) Inches apart, edge to edge Alternative shrub spedng may be used, with the approval of the Development Review Committee, when It can be shown that the selected shrub species growth pattern differs significantly from the spacing requirements of this ordinance The use of berms and planter walls will be allowed to contribute to installation and mature height requirements The slope of any earthen berm shall not exceed one foot of height for each three feat in width b Interior Landscaoing Any perking lot or portion thereof which is constructed and contains forty (40) parking speces or more shall provide permanently landscaped areas consisting of Islands, peninsulas, medians or adjacent planting areas One canopy tree shall be provided for every fifteen (15) perking spaces, and one shrub will be required for every five (5) perking spaces At least fifty (50) square feet of planting area shall be provided for each required tree. and no parking apace shall be located more than fifty (50) feet from the trunk of a tree All Intenor landscaped areas shall be covered by trees, shrubs, or ground cover c Compliance with Tree and Land Requirements The trees or planting areas used to comply w~th the parking lot screening and landscaping requirements contained in this esct~on may also be used to demonstrate compliance with the 15 trees per acre standard and the 20 percent planting area lot requirements contained in this chapter d D~stnbution of Landscaped Areas The required landscaped areas for parking lots shall be more or leas evenly dlatdbuted throughout the parking lot, although adjustments may be approved by the department, where the shape or s,,e of the perking lot, the location of existing trees or other natural constraints reasonably prevent such distribution · Vehicular Surface Areas Vehicular surface areas (VSA) must comply with the requirements of this section Perimeter screening ia required as ~nd~cated in Section 31-7(a)1 Interior Page 8 · Onginst Ordinance Approved April 7~, 1998 · Amendments Approved November 17~', 1998 · Original Ordinance Effective Date May 1~t, 1998 ,, Amendments Effective Date December 1"t 1998 landscaping requirements shell be mat by pmv,:ling one tree per 4,500 square feet of VSA, and- one shrub per 1,500 square feet of VSA Tree canopy cover shall be evenly distributed throughout the VSA (2) Outdoor Storage Area Screening a Any outdoor storage area, or portion thereof, must be screened from pubhc nghts-of-way using live evergreen screening plants, six (6) feet m height at ;nstallat~on, spaced no more than e~ghteen (18) inches apart, edge to edge b A fence or wall may also be ussd for outdoor storage area screening, provided it is at least six (6) feet tall, opaque, and of masonry, stone, or wooden material, or of the same material as that of the principal building Dumpster enctosure openings may not face public nghts-of-way unless they are gated (3) Bulferyarda a Bufferyards shall be required under the following condKions (1) Multi-family uses shall buffer when adjacent to single family or attached housing uses (2) Commen3al uses shall buffer when adjacent to single-family, attached housing, multi-famny, and lesser commercial uses (3) Industrial uses shall buffer when adjacent to any use. including lesser industrial uses b Plant materials, walls, or fences may be used within required yards, as specified In Section 35- 91 of the City Code, to buffer adjacent land uses Trees or plants used In required yards may be used to demonstrate compliance with other sections in this arbcle Sec. 31-8 Maintenance (1) Maintenance Requirements a The property owner or his/her agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and lendscaptng plants and materials as may be required by the provisions of this article It shall be unlawful for a property owner or his/her agent to fail to maintain, repair, or replace any vegetation and landscaping plants or material that are required by this chapter Once the final mspaction has been completed for a single- family or duplex residential dwelling, the requirements of thts article no longer apply b All plant material and planting areas shall be tended and maintained in a healthy grovang condition, replaced when necessary and kept free of refuse and debns c Fences, walls, gates and any other outdoor structures shall be maintained In good repair Openings within the barriers may be requtred by the Dtrector for accessibility to an area for necessary public maintenance (2) Irrigation Irrigation Is not required to demonstrate comphance with the requirements of this chapter for individual single-family residences Single-family residential planned developments with communal open space within planned development or single-family subdivisions vath communal open space maintained by CC&R's or a homeowner's association are required to provide underground automatic irrigation All uses, other than indlwdual single-family rea~dencas, are required to provide underground automatic irrigation in all planting areas Areas vathin the property that are left In undisturbed native habitats are not required to provide automabc irrigabon Irrigation is required to Page 9 · Original Ordinance Approved April 7~, 1998 · Amendments Approved November 17t~, 1998 · Original Ordinance Effective Date May 1*t, 1998 · Amendments EffectNe Date December 1"~, 1998 cover planted areas within the rights-of-way adjacent to the property Proper watenng ~s critical to plant survival, particularly during the first three years after tree or plant installation With the exception of ~ndividual single-family residences, trees or plants required as part of an approved Landscape Plan, must be replaced ~ they become diseased, damaged, or die Underground irrigation shall meet the following cntena a lrflgatlon must meet water conservation methods as estabhshed for ~mgabon systems and must use (1) Automatic imgabon control boxes that are programmable for seasonable weather conditions (2) Sensors that shut off system ~rogation dunng rain and freeze events (3) Low preap~tat~on, water conserving irrigation heads in lawn and slope conditiona (4) Use of dnp or pressure compeneatlon tubing imgation systems in planting beds (5) Use of fiat Irrigation heads under shrubs in slope condibons ~s allowed (6) Use of tree imgat~on m planting beds that allows and plans for future growth of the root system (7) Use of underground irrigation technology that re~nforcos water conservation b Use of non-water conserving rotary heads, spray nears and any spray head which is not designed aa a Iow precipitation rate head ~s prohibited c It is a penalty of this ordinance to allow uncontrolled water emissions d Irrigation systems must be maintained in good operating cond~on st all times ARTICLE IV. ADMINISTRATION REVIEW AND PERMITTING Sec. 31-9 Administration, Review and Permitting. (1) Plan gubmleslone a Tree Inventory Plan After the effective date of this ordinance, no prshmmary plat may be approved without the submission and acceptance of a tree ~nventory plan The tree ~nventory plan shall delineate site trees by type, s~ze and species An inventory map shall delineate tree cover by idenflfljmg all stands of trees vath simdar characteristics, such as specie, and defined aa areas which include the outer perimeter of the ddpline of indlwdual trees Notation shall be included indicating the range of height and DBH of trees w~thin the areas, the predominant species within the areas, and the general appearance of the trees wrth regard to health b Landscape Plan The owner of any property to which this article applies shall submrt a landscape plan in the form and manner specified by the Planning and Development Department before the approval of the final plat This plan can be combined with the tree inventory plan The landscape plan shall contain sufficient detail, as specified by the department, to show the following Page 10 · Ongmal Ordinance Approved April 7~, 1998 · Amendments Approved November 17a, 1998 · Original Ordinance Effective Data May Ia 1998 ,, Amendments Effective Data December Ia 1998 City ~f D~a~I La,,a~-=~ Code (1) The location of all ex~ating or proposed subdivision ~mpmvemants buildings and impervious surfaces, residential subdivision landscape plans may subsbtute limits of clearing and grading deslgnetions for individual lots msteed of detailed building location and impan/~ous surface information until the time that a plot plan is required, (2) The limits of cieanng and grading proposed for the project, (3) The location, size, species, and health of all existing trees intended to be used for tree credit purposes, Including tree credit caiculabons and the methods proposed to comply with preservation requirements, (4) The location, size, and species of all new treea required to meet the Tree Standard of 15 trees per acre, indue'lng the calculations that show how existing and new trees will c~nply with the ordinance, (5) ~ the perimeter and/or Internal landscaping requirements for parking lots apply, the size and location of the paridng lot(s), the number and striping of parking spaces, the calculations that show how many trees and shrubs are required, the location of required plantings and planting areas, the Illustration of tree ~m1'mptes-es 50-t~eet w~ radius circles, (6) When the pmporb/ia required to provide screening for outdoor storage areas, the location and spe<Y~'~-.ation of screening materials, (7) When the property Is required to pro,nde bufferyards, the location and specification of bufferyard materials, (8) The location of topsoil storage areas, (9) Identification of any treea eligible for Landmark Tree nomination and (10)Such other information, es specified by the department, as may be reasonably ~ to administer and enforce the provisions of this article c Irfleatlon Plan The owner of any property to which this article applies shall submit a Irrtgetlon plan In the form and manner specified by the Planning and Development Department before the approval of the final plat The irrigation plan shall contain sufficient detail, as specified by the dppartnlent, to show the following (1) Layout of theirrigatton plan (2) Irrigation method(a) des~tpflon with product specifications indicating Iow precipitation and water conserving heads (3) Control box and sensor specifications (4) Location of water anur~ d Review and Approval of the Landscape and Irrigation Plans The Planning and Development Department shall determine the completeness of the submitted Landscape and Irrigation Plans wffhln two (2) working days The plan will be referred to the development review committee for Its review and approval The committee shall tatum the plan to the department noting thereon Its approval or disapproval If disapproved, the committee shell specify the reasons why the plan does not comply with the provisions of thl~ article Page 11 · Original Ordinance Approved April 7~, 1998 · Amendments Approved November 17~, 1998 · Original Ordlnsnce Effective Date May 1~, 1998 · Amendments Effectwe Date December 1"~, 1998 · Plot plan Before the approval of any building permit apphcatlon a plot plan must be subm~ed A plot plan for residential, mulh-fam~ly, commercial or industrial use must be consistent with the Landscape Plan and it must show the limits of grading and cieerer~e for building construction and impervious surface ~nstallation It shall also ~ndlcate specific lot drainage patterns, the location of any trees preserved for credit on the approved landscape plan, trees to be removed, protection measures for preserved trees, and new trees to be planted For projects with detailed site, landscape, and construction documents, the plot plan requirement may be waived where all ~nformatlon has been prewousiy provided (2) Alternative Compliance a Creation of Artificial Lot 1 If the platted property is over two acres ~n s~e, the applicant may request permission to create an "artificial lot" to satisfy the requirements of this chapter An artificial lot is Intended to provide admlntstratlve relief for large sites that will achtave planting areas that exceed substantially more than 20% of gross platted lot area after development is completed The Director shall approve the creation of an artificial lot only if the spirit and intent of this chapter w~ll not be violated, If approved by the Director, artificial lot lines shall be indicated on the proposed Landscape Plan and shall contain, at minimum, the total amount of impervious surface coverage, plus 20% of the area ~ns~de the art;flclal lot reserved for required planting area 2 The area within the artificial lot lines shall provide trees and landscaping in compliance with the requirements of this section, and may not extend beyond the property boundaries of a single platted lot 3 The area outside the artifidal lot shall be maintained as planting area with live vegetation determined by the applicant No trees located outside the artificial lot lines may be used for tree credits 4 The artificial lot lines shall include areas that, in the Director's op~mon, are highly visible from public nghts-of-way or are necessary to accomplish buffenng of adjacent properties b Alternative Landscape Plan I Any property ovmer or developer may elect to submit an altematrve landscape plan for City Council review and approval that fails to meet the requirements of th~s article, but in the opinion of the applicant, satisfies the spirit and intent of this article The Planning and Zoning Commission shall review the altamative plan and submit an advisory opinion to the City Council prior to City Council action Sec. 31-10 Enforcement, Penalties, and Fees (1) Bond/Cash Deposit In heu of installation of the landscape materials prior to occupancy, the apphcant may post a bond acceptable to the City. conditioned upon satisfactory ~nstallat;on of the landsoap~ng proposed in the landscape plan (2) Penalties That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500 00 Each day that a provision of this ordinance ~s violated shall constitute a separate and distinct offense Page 12 · Origsnal Ordinance Approved April 7~, 1998 · Amendments Approved November 17"' 1998 · Original Ordinance Effective Date May 1"~, 1998 .Amendments Effective Date December 1", 1998 c~ of De~t~ Lan~sca~ c~e Sec 31-11 Civil Remedies (1) Nothmng in thru ~apter shall ~ ~n~m~ as a waiver of ~e City's nght to bring a =vll ~lon to enfor~ the pmwslons of thru ~apter and to ~ mm~ as altow~ by law, ~nduding b~ n~ hmE~ to the follo~ng a Injun~ive reli~ to pr~e~ s~c ~du~ ~at wola~ ~e o~man~ or to r~u~re s~c ~ndu~ th~ is n~ f~ ~lan~ ~ ~e ordlnan~ b A ~il ~na~ up to $1.~ ~ a day ~ ~ is sh~ th~ ~e d~e~ was aMually n~ of · e pm~m~s ~ t~ ~1~ a~ ~ r~Mng ~ ~m~ a~ m ~ol~ion d the o~lna~ m fall~ to ~e ~ ~ ~ ~mH~ ~ ~e ~an~ S~ 31-12 Appeab Un~ ~he~ ~d~, an ~ by ~ C~ In ~lni~ ~ ~ t~ ~s of thie a~de r~ to a d~in~n by ~e Plannl~ & ~t ~Am~t ~ ~ ~t R~ ~mm~ (DRC) The ~~ ~ land subj~ to ~e ~ulmm~ ~ thie ~a~ may a~l any d~e~ln~on ~ ~e ~ffi~ & ~ ~t ~ ~ ~e~ R~ ~m~ u~ th~ ~a~ to ~ C~ ~ndl for a final d~ ~ ~1 ~all ~ In ~ a~ ehall ~ fll~ ~h the Planning a~ Zoning ~mmi~, ~ ~all make Es ~mend~ion to ~e C~ ~u~l The C~ ~ndl ~11 ~ m~ ~e ap~l ~ any ~tn~ by ~ P~nni~ & ~ve~ent ~Ame~ or the ~v~pment R~ ~mm~ ~ flint ~lntng the r~mmendaflon ~ ~e P~nning and Zom~ ~mml~bn No p~ or ~E shall ~ a~ov~ by ~e Planning and Z~ing ~mml~l~ ~ vad~ the t~s ~ thie ~a~er or ~ d~ not ~m~y ~h the ~anning & ~ve~pmeN ~ment ~ ~velopment Revi~ ~m~ 's det~i~tion ~o~ final ~l~lon ~ ~e a~l by the C~ ~ndl The C~ ~un~l may adopt a f~ or f~s, in ~e amount to ~ es~bllsh~ by o~lnan~, to ~mln~t~ and en~ ~e ~o~sl~s ~ ~ls Cha~ S~. 31-14 Conffi~g Ord~anc~ ~1 o~lnan~s or ~ffs ~ o~lna~ in ~ ~en the ~sions of ~is o~ina~ ~me ~e ~ am in.silent ~ in ~nfli~ ~ tho te~s or pr~i~ons ~nmln~ in ~is o~inan~ are h~by r2~l~ to tho ~ont ~ t~ ~1~ Page 13 · Ong~nal Ordinance Approved April 7~', 1998 · Amendments Approved November 17~, 1998 · Original Ordmsne, e Effective Date May 1a, 1998 · Amendments Effective Date December Ia, 1998 Sec. 31-15 Selected Species List. Large and Medium Trees Ma~ommon Name Botanical Neme Native Height & Width ~ Acer barbetum Caddo 60' x 40' Te~a~ Buc~Bigtooth Maple. Ace~ ~'en~m Native 50' x 30' Amculus aq~uta Native 30' x 20' chlaan~xxJ, Bomeaa lano~llo~a Naive 40' x 30' Pecan Casa II~x~ Nattve OO' x ~0' Black Hicko~ Ca~/e t~ane ~O'x SO' Deodar C. eder Cadnm deodara 40' x 30' Ar~one~p ~ T--P.-- Oio~ texane N. 30' x 2{Y V~A~h Neb'ye ~O' x 50' Taxa~ Aah Fra~ t~xen~le Nakve 50' x 40' Thomle~s ~locust Gledlt~la I~ I~ Naive BO' x ~0' Nogo#to Juglan~ ~ Naive 30' x 20' e~k wa~u~ J~e~n~m Na~ve a~xa~ Red Cedar Junipems vlr~l~iane Native 40' x 10' ~ Gum Llqulda~ ~rl~ I;col~vam) Naive 60' x 40' Osage Orange Me~ pomlfera 'Pan~ Na~ve 50' x 40' Mutbem/ Moms elba 'Fml~es.' 35' x 40' Teoms Multm~ Moral mlxa Ne~ve 40' x 40' Black Gum I~sea $~lvaSca Native 50' x 25' Afl,hen Pine' Pinua e~larica 40' x 20' Au~'~m Pine Pirt~ Nl~ra 40' x 25' Chineee Piakt~/le PIs~a~Na ¢hlnesis 40' x 30' ~ Plane Tree ~av/~o~h O~ k Quer~m a~ma ~0'x ~0' E~:~pment ~ve Oak Quemue fusltom'ds Na6ve 40' x 40' Lac:ay Oak Querc~la ~ Na~v$ 5(7 x 45' Bur Oak Quemul ~ Na6ve 60' x 40' Chinquapin Oak QiJargt~ r~lx~i Native 60' x 40' Water Oak Querctm nl~ra Naive 50' x 40' WiIk~v Oak Quemu8 ~nellos 80' x 30' Shurn~ Oink QuemtJ8 8hurnerdii Native 70' x 50' Pnet Oak Quamtm ~a~ita Native 60' x 45' Texea Reel; ~k Quamu~ texana Native 30'x 30' Ceestel live Oak Quemu~ vl~nlane (~ltNam) Native 50' x 50' Western So ~em/ SaFindua salx~arts v 'Dmmmomll~' Native 30' x 20' Bald Cypm;, Taxodlum dt~chum 80' x 30' Winged Elm Ulmus alata Native 35 x 40' American Elm Ulmus ame~ane Native 70' x 70' Cedar Elm ' Ulmu~ e.-aMIf~i~ Native 5~ x 40' Lac~ark EI~ Ulmua pewlf~la 50' x 35' SIllilY Elm Ulmu~ rubra Na~ve ?(~ x 60' Page 14 · Onglnal Ord;nanoe Approved Apnl 7u~, 1998 · Amendments Approved November 17m 1998 · Ong;nal Ordinance Effective Date May 1"~, 1998 · Amendments Effective Date December 1't, 1998 Accent I Smell Trees and Large Shrubs Common Name Botanical Name Native Height & Width Roamer Acac~ Acac~ roemedana 15'x 15' jWr~t.~a ~a AC~:~ wfl~ti Native 15 x 1S' · ~ B J~p~e ,~.=e,'- pdmstum (cult,'ers) 15'x 10' S4:~ek~ B~ I;~ifa A.e~:~IUI ~lvla NiIt~ve 25' x 20, Texa~ Mad one Ad=uiu~ xalafen~b _ Na~ve 25'x20, Lemon au5lM~h C41llMm~3n =i'¢~nu. 15'x 15' ~ IMbnmh C, alll~emon Wntna~ 20'x 15' kl~ Ca4~ ~ Natfve 25' x 25' Ume-~af P mve~e Ce~dlum ml~llum 12'x 15' R__e~._~ C, en~ ~af~d~l~ (culttvam) Naive 25' x 20' Oklah~n~ I~d ~ ~ taxen~. ~)klah=m~' , ,N.~ve 20' x 15' FoYer Pa~e~l ~ ~ .___.~. 'Forest Pir~ 20' x 15' Tex~ Rec~ Ce~ cm",ede'm~ Mxerel~ ~ 2~' x 20, De~t VWkCh~ Ilnee~ Ne~'ve 20' x '15' Texa~ Penl~nlmo~ Dk:~p~ros Mogana Native 25' x 20, Kk~vv,<x~ Ey.e~h.rdb ix~.t.chy. N.U~e 2~ x F~.if.~lt A~h Fmxlmm ctmpldata Native 15' x 10, NaJlie R Steven~ H~I~ Ilexac~lf~m'N~lie R Steverm' 20"xtS' ~mhaw~ Ilex ¢=mutn Bun~' 20'x 15' HolH°4~I~ Ik~x ~X~Iua Naive 15' x 10, YaUlxm Ilex ~ (cul~mr.) Native Y 12'x 8' ~ llexx Mlenuata Footed' #2 25'x 15' A.he Junil~nm .~he~ N~ve 25' x 1 Roclq/Mou~ Juniper Juni~n~ .c~pulo~um 30' x 15' 'C-~k~,,*l~ Tree Koelreuterua pankmlam 25' x 15' Crape Idyr~e ~ Indk=a (cul~vam) 15' x 10,' · ou~em Wax MyrlJe Native 15' x 10, Red TIp~ Pfx~'~ fr~ed 20' x tS' Chinese ;'r.a~k~ ~ .m~ulata 20' x 15' T~ma Pltta~ne Plstac~ thiner, sis Native 20' x 15' C.,~;h,. ClVa~ Lau~ Pmnu~ ~:amllnkma 25 x 15' ~n PlHm Prunu~ mexicana Native 25' x 25' Flalv. gx3d~ F~ Pr~lul umbe#ata 15' x 10, C.~,~;;,-,. 8~;...,, Rhamntm cam41nlana Native 2~ x 15' Sir.~u~, 5u~ Rhut t~=ra Native 15' x 10' Flame.4eef 8ume~ Rhu~ lan(~ta Native 20' x 15' Eve~ N~ Tree ~agxa alRrds Native 20, x 15' Te~xa~ Mou lalft Laurel 8OldlOm ~ 15' x 10, ;.~:.;a r, au *eye Un~a~a .pecioaa Native 20' x 2O' ~ Rush/B;~k mw Viburnum Nfldulum Native 25' x Virex virex ~mmcastus Native 15' x 20' Page 15 · Ong~nal Ordinance Approved April 7~, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1" 1998 · Amendments Effective Date December 1't, 1998 c~y ~ Denton Lan~ecape Code Shrubs Common Name Botanical Name Height & Wlclth GIoee¥ ~ Abe#a fFam#flom (cul~ve~) 8 x 5' Edw~d Goucher Abe#a Abe4m ~ndlflom 'Edward Gouche~ 5 x 5 ; P,--b.~=al~lla Abai~ grandi~ Prostrate ~x2 Ji~-~ ~~~ 4'X4' .... ~~l ~ S'x4' C~;.~, ~ ~ ~ ~i C~ ~g~ Z x 15 ~~ ~xe' ~Q~ C~~ T~ ~ 3'x3' ~N Q ~ ~ ~ T x 5' ,P~'~ ~ ~~ l~x~ ~ ~ (~) V~ ~'e~ ~X~ 1~x5' m F~ F~ ~ x 8' _ ~ ~ ~ ~ ~ '~ Na~ ~ x 4' ~ H~,~ ~ I~ ~ 'R~' 4' x 4' ~ ~.~ H~ I~ ~ '~' 4' x 4 H~H~ I~ ~'~' 3 x4' ~ Y~ H~ I~ ~ 'Ne~' 4' x 4' ~J~ J~ ~'~ 6'x 1~ · ~ v~ J~n~ J~ ~ ~ '~ V~' 5' x 4 8~J~ J~ ~ Zx4' ~-~ ~ ~ ~ ,~ (~) 3' x 3' 3'x3 ~ H~ L~ ~ 4 x 4' ~; ~ ~ ~ 4' x 3' ~ N=~m N~ ~ 'H~r ~ 3' x 3' ;;,~ ,, ~ (~am) V~ K,~,a,~[ Su~ Rh~ a~ ~ x 8' ~, -,t ~fln~ ~1~ ~u~ BI~' 3' x 4' G,~ ~p,~ ~ ~ 7' x 5' Va~r~ S~ ~ x van~ 8' x 5' ~'f ~ ~ 2' x 2 W~ F~ ~m ku~ 2' x 2 Page 16 · Ortg~nal Ordinance Approved Apnl 7"', 1998 · Amendments Approved November 17~ 1998 · Original Ordinance Effective Date May 1~, 1998 · Amendments Effective Date December 1~t, 1998 GroundcoverslBsddln~l Plants C~,,~,;~,~n Name Botanlr, al Name Cast I~ ~ ~ ~ ;~ ~ ~ Jun~ J~ ~-~ ~ ~nes Ornamental Graeses Cc..'~.,~,o,~i ;~'~' Botanlr. al Name Lmnml G M~ar4h~ q:~ Ml~mthul ~ 'Zebdm~' ~ M~I ~ a ~l ~ ff~- ~ ~ ~_~ 'In' ~ Grasses Tall F~ Page 17 · Original Ordinance Approved April 7m, 1998 · Amendments Approved November 17~, t998 · Originel Ordlaance Effective Date May 1"t, 1998 · Amendments Effective Date De~embe~ 1", 199~ Perennials Common 'Name Name Acanthus Acanthus moltls H~/hock Yarrow M~ Page 18 · Ongmal Ordinance Approved Apnl 7~, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effecbve Date May 1't, 1998 *Amendments Effectwe Date December 1~t, 1998 Appendix A Amended Central Business Overlay Dtstrict Page 19 · Original Ordinance A,oproved April 7~ 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May l~t 1998 · Amendments Effective Date December 1"t 1998 Appendmx B Fry Street Development Corporation Boundary ~.~ ~ ~ ~ ~ ~ ~, . ,. ~.., _ ~,~ ,~0~]{~~ ~ ~ ~ ~ a ~ =~ msammsm F~Y ~T~EI C ? DEVELOP{ENT CORPORATION BOUNDARIES B ~[ u.~v~.s,~ o..o~. FRY STREET AREA Page 20 · Original Ordinance Approved April 7~, 1998 - Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1*t 1998 · Amendments Effecbve Date December 1't 1998 C~ty of Denton Landscape Code Appendix C The Denton Municipal A~rport Page 21 · Or~g~nat Ordinance Approved April 7~h 1998 · Amendments Approved November 17~ 1998 · Original Ordinance Effective Date May Is~, 1998 · Amendments Effective Date December Is~ 1998 SECTION II That any person wol~r~ any prows~o~ of th~s ordinance shall, upon corecO% be ~ned a sum not exceedir~l $500 00 Each day that a provl~on of th~s ordinance ~s v~ated shall cons~tute a separate and d~st~nct offense SECTION III That ~ any section, subsection, paragraph, sentence, clause, phrase or word ~n this ordinance, or applicat~on thereof to any p~r~on or r~rcumstances ~s held mvahd by any court of competent junscllctlon, such holding shell not affect the vehd~y of the remaimng port~ons of th~s ordinance, and the C~ Council of the C~ o~ Denton, Texas hereby declares ~ would have enacted such remain~ng portions despite any such validity SECTION IV That ell prows~ons of the ordinances of the City of De.on ~n conflict w~h the prowe~ons of th~s ord~nanca are hereby repealed, end all other prowsions of the ordinancee of the City of Denton, nct in conflict w~th the provleions of this ordinance, shall remain in ~ull force and SECTION V That th~s ordinance shall become effective on December 1". 1998, and the City Secretary ;s hereby d~rected to cause the cephon of this ordinance to be published t~nce ;n the Denton Record-Chmmcte. a daily newspaper published ~n the City of Denton, Texas, w~thin ten (10) days of the date of its passage PASSED AND APPROVED this the day of ,1998 JACK MILLER, MAYOR AT'rEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED A8 TO LEGAL FORM: HERBERT L PROUTY. CITY ATTORNEY BY Page 22 · Original Ordinance Approved April 7"~ 1998 · Amendments Approved November 17th 1998 · Original Ordinance Effective Date May 1"t 1998 · Amendments Effective Date December 1"~ 1998 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 22 "PARKS AND RECREATION"' OF TIIE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING AN ARTICLE III PROVIDING FOR PARK LAND DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF AS A CONDITION TO SUBDMSION PLAT APPROVAL AND PAYMENT _OF PARK DEVELOPMENT FEES AS A CONDITION TO BU]I~INO PERMIT ISSUANCE IN ORDER TO PROVIDE FOR NECESSARY PARK DEVELOPMENT, ESTABLISHINO A SPECIAL FLrND FOR MONEY PAID FOR. PARK DEVELOPMENT, PROVIDING A PENALTY IN TIlE MAXIMrUM AMOUNT OF $~00 FOR, VIOLATIONS THEREOF, PROVIDINO A SEVER ABItITY CLAUSE, PROVIDINO FOR A SAVINOS CLAUSE AND PROVIDINO FOR AN EFFECTIVE DATE WHEREAS, the City Councd for the City of Denton, Texas has determined that the platting of re,~dantlal subdl,aslons and development of lots results m an increase of population, which m mm creates a need for addnuonal nelshborhood park land and park improvements, thereby placm$ an inordinate burden on emstmg city park sites and t'ac~hnes, and WHEREAS, the City Council finds that it is in the public interest to insure that new residential developments in the City or' Denton w~ll dedicate suf~clent land or w~li otherwise pro,ade for the development of.park amemtles to meet the demand and need of. ~utore residents of the development for open space and nelshborhood parks which contain passive or active recreational areas that are reasonably attributable to such new development, and WHEREAS, the City Council recogmzes that the establishment of pubhc open space m the form of'ne~shborhood parks Is necessary and tn the ,nterest of pubhc welfare, and that an e~fective method to provide t'or the same is the mcorporauon of procedures for the dedication or' park land and fhcilit~es into the development process as set forth in the City's development rules and regulations, ordinances and state law, and WI-IEREAS, the City Council has conducted a public heanng on the proposed re~ulations contained hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS H~REBY ORDAINS SECTION I That the "Parks and Recreation" Chapter of the Code of' ordinances of' the City of Denton, Texas, be and the same is hereby amended by the addition of a new Anlcie HI entitled "Park Dedication", so that hereaRer sa~d article shall be and rend as follows PAGEI PARK DEDICATION ARTICLE 111 Sec 22-33 PURPOSE (a) 'Ihs Amde ~s adopted to provide recreanomi a~s m the form of n~ghhothood pa~ as a fun~on of sulxlwmon deveiopmant of the C~y of Denton. Th~ Article ~s enacted m accordance wr~h the home rule powers of the C~'¥ of De~ton ~ranted under the Texas Constrtutton, and the statute~ of the State of Texas, mcludm~ I~t not by way of lln~at~on, V T C A. Local Government Code, §$1 O71 et seq (provmons apphcable to horrm.nde mumdpa~ty) and §212 001 ~t ~ (mumapa] re~,~.~on of subdw~om and prop~'y development) It ~s herchy declared by tbe Cay Counol tha~ recreauonal areas m tbe form of procedure to provide for ~ ~ by ~egr~ng such a requirement mo fl~ procedur~ for plannm~ and developing prol~'ty or g/xi~vmon~ m the CT, whether ~uch development consists of new re~den~al cons~ucuon on vacant land or the addmon of ne.v dwed~ urm on ~ostmg r~denuai land Ne~ghborixxxl parks are thom parks providing for a vane~ of outdoor~ recreational opporturut~es and vathn convement d~s~ances from a majonty of the r~d~c~ to b~ ~rved propero7 own~s who, by r~on of the prox~n~ty of their propm'y to such pad~ ~ be tbe primly beodlci~n~ of such fmhue~ Tberdore, tho followi~ r~quireme~s ar~ adopted to Sec 22-34 DEFINITION OF TERMS For purposes of tbs pohcy, tbe following te~m ~ be defined a~ follows (a) "E)evdop~/Own~' - r~an~ tbe lc.~J or be~iic~l owner or owr~r~ of a lot or any had propo~l to b~ u~/uded in a proposed developm~t mchd~ tbe holder of an Ol~On or contr~ to purcha~ or other l~r~on harms an edorceable propne~w] ~er~t m such land. '~.~idanual Sulxii~on" - meam tho &ws~on or red~a.~on ofhnd Mo fiv~ (5) or mor~ lots. tracts, s~es or parcels for the pu~pos~ ofdevelopmg re,adrenal ~ umt~ (c) "Dwelling Umt" - mean~ a b~ldm$ or poruon of a b~ldmg whch ~ arranged, occupied or intended to be occupied a~ hying quarters and mclud~ faaht~ for food pr~)arauon and sleeping id) "Nel/~borhood Park" - Open space area encoml~*=ng five (5) to twenty (20) Nmghborhood parks should prowde recreational land for re.dents w~thn an ~pprox~at~ hair(l/2) nulo serv~c~ rad~u~ (e) "Park Dechcat~on Requirements"- Collectively, ded~cauon and/or construction of' park fac~hues, m heu dedication fee and p~rk development tee Sec 22-35 APPLICABILITY The park dechcauon requirements of ~s ArUcle shall apply to every res~denUal subchv~szon and every buddm$ perrmt for oonstru~uon ora dwelhn8 umt approved after the effecuve date of th~s ordmanco, except as he~,~u~er expressly pro,haled to the contrary (a) Land dechcauon reqturements set forth in sec 22.37 shall not apply ~o an apphcauon for approval of a prehnunaty or ~ plat for a resldenual ~.lbcFiYiSlOrl that was truually filed before the effec~ve date ofthsordmance, and Much plat has not exptred For all plat applicauons for a resldenual subd~wslon filed m~er the eff'ecuve date of tlas ordinance, land ded~ca~on and/or construcUon reqmrements for park facthues shall be uuposed at the tune of prehmmaxy plat approval (b) Requarements for payment of fees m heu of park land dechcauon set forth m sec 22.38 not apply to any final plat for a res,denual ~abd~v~on that was approved pnor to the effec~ve date of th~s ordmane¢, nor to any apphea~on for a building pemut vnthm such subchv~on thereafter filed, provtded that no replat is necessas3, Fees m heu of park land dedicauon for all other r~dentlal sulxhv~slons shall be pa~d at the tune of release of the final plat for any porUon of the subdrns~on by the City for filing ua the Denton County plat records (c) Requ~ements for paxk development fees set forth m sec 22-39 shall not apply to any apphcauon for a buflchng pemut tn a resadenual sulxtnn~on that was filed prior to the effec~e date of ~ ordinance Park devdopme~t fees for all other re~denual bufldm8 permits shall be p~ud prior to issuance of such pernuts (d) Follovnn$ uut~al uuposit~on and sat~sfac'uon of park dechcauon requirements, add~onal reqturements shall apply to rewsed plat apphcat~ons for r~danual sulxhv~slons and to renewed apphcauons for Ixukhng pe~uts to construct res,danual dwellings only ff' such revised or renewed apphcauon results m an increase m the number of dwellm8 unns In such case, park dechca~on requu'emants than tn effect shall apply only to the adchuo~l dwelling umts proposed in the apphcauon Sen 22-36 PLANNING (a) It ,s the pohc'y of the City of Denton to require Developer/Owners of res~denual sutxiw~o~ and lots to prowde tot park land and park flmhues at the mae of development approva~ tn propomon to the need for such ~nptovements created by the developments and tn propomon to the benefits received from conmbuaon of' such factbues It ~s the City's fi.u'ther pebcy to unpose pm'k decbcauon requtrements conszstent w~th the C~ty's Comprehensive Plan a~ offiaally adopted park and recreauon plan PAGE3 (b) The C~ty or'Demon shall require developers of res:den~al subdzv~s~ons or lots to dedicate land for neighborhood parks, make payment of cash m heu thereof, make payment of cash for park development fees or construct recreational or park tmprovements tn heu thereof, or reqmre dedication of adcht~onal park land, az herematter pro,ncled, for park purposes to meet the patio and recreational needs as a condmon of the development approval The Cay shall have the nght. tn ~ts sole chscret~on, to require a combination of park land dedication and/or payment of cash m heu thereof, and/or payment of cash for park development fees and/or construc~on of re~aUonal enci park unprovements m heu thereof m order to meet pa~ declw~on requu'emen~s (c) The Cay of Denton shall base park ded~c~on reqmrements on the number of persom exp~ed to re~de m a development The s~dard for pubhc park land shall be 2 5 acres pe~ 1,000 population For each res~denael subd~v~aon, the follovnng formula shall be used to calculate park land needs 2.$ Acres x (No. ofUmtsl x (Persons/Un~ = Acres to be dechcated 1,000 populauon The number of persons per umt shall be based on both current U S Census mformat~on and da~a compded by the Cay and shall be panochcally renewed and updated The followm8 llgures represent the average number of persons per unit by current density cateBones, and shall be used to calculate park land dedications 1 StaBle Fanuly Detached/Duplex 2 8 Penons/ljn~t 2 Mult~-Fanuly 1 8 Penom/Urut (d) Park Development Fees shall be based upon an azzumed cost of typical unprovemem for a I tlve (5) acres ne~hborhoed park of $208,000 Development costs shall be appomon~ amon8 types ofdwefllmgs umts and park development fees shall be charged m accordance w~ 'de following formul& ! Single Family Dwelling S291 2 Mul~-Famdy Dwel~ng $187 (e) Where a substanml pnvate pa~ and recrea~onal area ~s provided m a proposed resadentml sub&~on and such area is to be privately owned and maintained by the future re.dents of the subdnn~on, pamal crecht may be ~ven to the Developer/Owner, not to e~c_~__ ~0% of the total acreage reqturements for land dedtcat~on ~the Cay finds th~ ~t ~s m the pubhc mten~ to do so and that all the following stendards are met (1) That yards, court areas, setbacks and other open areas reqtared to be maintained by ~he zonm8 and subdivision rules and regulmons ordinances shall not be included m the computauon of such pnvate open space, PAGE4 (2) That the private ownership and maintenance of the open space ,s adequately prowded for by recorded agreement, covenants or restrictions, (3) That the use of the private open space is restricted for park and recreation purposes by recorded covenant, wluch hms w~th t~e land m favor or future owners of the property and wluch cannot be defeated or elunmated w~thout the written consent of the City or (4) That the proposed private open space ts reasonably ~aJptable for use for padc and recreational purposes, taking into consder/mon such factors as s~ze, shape, topography, geology, access and Ioeaaoa, (5) That fac~aes proposed for the pnvv. e open space are in substantial accordarge the prowslons of the Compr~e Plan. Parks and Recreaaon Plan and other adopted plans of C~y, and (6) That the pm~ate open space t'or whch crecht is given ts a ~ oftwo (2) acre~ and provides a maurnum of four (4) of the local park dements hs~ed below, or a combmaaon of such and other reeresaonal ~provements that wdl meet the speafi¢ recreaaon park needs of the future re.dents of'the area Criteria List Credit Acres Children's play apparatus area 50 - 75 Landscape park-like and qtuet areas 50 - 1 O0 Fanuly picrd¢ area 25. 75 CTame e, oun area 25- 50 Tuffphyfield 1 00 - 3 00 Swuv. amlg pool (42' X 75') [w~th adjacent deck and lawn areas] 25 - 50 Recreanon center budding 15 - 25 Recreauon commumty gardening 15 - 25 Before a'edt ~s gTven, the City shall make written finchngs that the above standards are Sec 22-37 LAND DEDICATION (a) Ded~caaon of park land shall be proporaonal to the number and type of dwelling umts pwposed for a resident:al subdxsqslon The number of acrea of land to be dedcated shall be detemaned using the formula m sec 22-36(¢) (b) Where a proposed re~deat~al subd~v~on contains multi-family dwelling urflts and mformaaon a not provided concerning the number of such umts, the CWy shall assume the lugbest demay allowed for the property to determine the projected population for the development P~GF~ (c) The land requtred to be dedicated or conveyed may be located ms,de or outside the subChvls~on development so long as the land ~s located weJnn one-half (1/2) to one (1) nule of the periphery of the development so as to serve or benefit the ras~dents of such sub<hvts~on. (d) The Parks and Recreenon ~t, based upon review of the preimun~ plat, ~tuflly shall cletermme the fea~bthty ofpalk land dedication for a re. dentrol subd~s~on and the amount of land to be dedicated to the City for neghborhcod park purposes, u~l,.~q8 rite sdeeuon crmma contained m sec 22-41 The Department's determu~on shall be forwarded to the Denton Department of Pla.,uung and Development for pmcessang w:th the pretunmary plat (e) In red,dermal subd~vts~ons whsch are to be Flatted tn two or more phases, the requtred park land dechcauon, pursuant to th~ ordinance, must be pro,aded tn each phase of the suixlmmon vnth one exception In ~ sole dlscret~on, the C~y may authorize the developer to reserve pa~k land for de&cauon tn subsequent phas~ of the sub~v~on by paying into a CT escrow fund a dollar amount equal to the fees m heu of dechcat~on othe~vtse due for the phase under sec 22-38 The form and prows~ons of the escrow agreement shall be approved by the C~y Attoroej and C~ty Enlaneer The escrow funds must be pa~d to the Cra/pnor to the fdm8 of the first phase f:mal plat and shall be maintained m the escrow fund penclm8 the platting of the proJect phase that contains the park land to be dechcated Escrow funds wdl be returned to the developer, vathout interest, upon the filing of the ~ plat for the subsequent phase that ded~cate~ the requu'ed park land In adchl~on, the developer shall de&cate a revers~ona.'7 pubh¢ access easement on the f~l plat of the m~t~al phase(s) where necessary to pro.nde effectrve pubhc access, maintenance and use of any park land to be de&cated (0 Ifa replat ts faled, the de&cation reqmrernents shall be controlled by the re~a~ons m effec~ at the time ofongmal plattn~ except that land ciedscat~on (or fee m heu of) requ~ements then ~n effect shall be apphed to any edchuonal dwelling umts proposed for the replat Sec 22-38 PAYMENT OF FEES IN LIEU OF PARK LAND DEDICATION (a) If the calculation for required park land w~thm the propo__~_ subdrvmon development results m less than ~ve (5) acres or doesnot meet ~tenaasper sec 22-41, the Parks and Recreatmn Depa, u~ent shalldeterwanetheamountofafeemheuofparklandde&cat~on maccordance Co) The amount of the fee m heu of park land de&canon shall be calculated as follows The Department fa'st shall determine the total amount of land requu'ed to be de&cared m accordance w~th sec 22 -37 The value of the land shall be calotlnted as the average estm~ed fatr market value per acre of the land bern8 sub&v~ded at the t~ne of prelunm~ plat approval. reduced by the value ofa~ land actually to be dechcated for park purposes The net value of the land otherwtse to be de&cared shall be apport:oned among the total number of dwdlmg umts proposed for the rendenUal subch~s~on and by dwelling unst type (¢) If the Developer/Owner obJeCts to the fair market value detemunnnort, the Developer/Owner, P~GE~ at lus own expense, may obtain an appnusal of the property by a State of Texas cemfied real estate appnuser, mutually agreed upon by the C~ty and the Developer/Owner, wluch app~sa~ will be considered by the Ctt3t tn determining fair market value All costs reqmred to obtain such apprmsal shall be borne by the Developer/Owner (d) Park dechcat~on fees shall be unposed at the lzme of prelmunasy plat approval Fecssludlbe prod prior to release by the Cny of any final plat for film8 m the deed records of Denton County Padc dedication fees estabhsbed for the prdunma~y plat shall apply to subsequent approved f~fl plats for a period of two ye~n ti'om tbe date of pr~mmaty plat approval by tbe Ptannin~ and Zonm8 Corm,-,~on. Thereafter, park dechcatmn fees shall be rede~enmned and apphed to final plats tn acootdance with subsec~on (b), unn8 current appnusecl value of land m_ the sulxhv~on at nme cffiml plat subnuttal (e) All f~s collected ~ be used for the acq,,,smon of hind for a neghborhood park, or development or con~'u~on of m~pmvements to ex~stu~ park land, within one-h~lf (1/2) mile of the periphe~ oftbe prolx~ed sulxhv~non development However, f[I] such ncqutsraon opportunmes are not avadab~ or [2] eastmg park land ~s ~lready developed or n~proved, w~thm one-half (1/2) mile of the proposed sulxlzv~on developmeat, then areas v~thm one (1) mtle of the periphery of the proposed subdms~on development may be considered for the acqu~smon, of neighborhood l~k land and/or construcuon of ~mprovements to extstmg p~rk Sec 22-39 PAYM~'NT OF PARK DEVELOPM~-NT FEES (a) Park development fees sha~ be estabhsbed for the purpose of funclm8 neffhborbood park improvements Fees shah be propomonal to the cost of ~ghborlg~ park facilmes, the demandforwl,achts~watedbyeschnewdwellm~ttrut Fees shall be estabhshed separately development ~ are set ~h m ~ec 22-36(e) Co) Park development fees shall be arq~osed at the t~rne ofbufld~ penmt apphcat~on and shall be l~ud prior to ts,suance of ~ pernuts for the number of dwelhn~ umts des~nated tn the apphr. Al~on. (c) Park development fees shall be expended on park mLorovements located tn a neghbortxxxl park that benefits the dwelling ~ paying the tee, tTp~cally w~thm one-half (1/2) to one (!) rode of the subdiwsion m wtuch the dwelling umt ~s located The criteria for select, on of the park s~te for u,aprovements sh~ be the same as set forth m sec 22-41 (d) The standard costs for development ora neighborhood park as set forth m §22-36(d) may be updated eom tune to tune on the bas~s of current development costs, and park devdopment fees shall be adjusted to reflect such updated development costs PAGE7 Sec 22-40 SPECIAL FUND, RIGHT TO REFUND (a) There is hereby estabhshed a special fund for the depoM of all fees m heu of park land dedtcauon collected under tl~s article, wtuch fund shall be Imown u t~e park land dechcatton fund Within the fund, fees prod shall be eamutrked for aCClUm~on of new netg, hborhood parks or for ~provements m ex.lng parks generally located walun one-half (1/2) to one (1) rode of Co) There ~s hereby embl~ed a specud fund for the deposit of all park development fees collected park development fees pa~d slmll be eannad~ed tbr expenditure on pa~k unixovements m netahborhood park senerally located (c) All fees tn beu of park land deda~mon and all park devdopment fees paid must be expended within ten (10) yeah eotn the date of recept for park eacilmes benefiting the rendaml sulxh.nsmn or dwelling taut for wtuch the fees are paid Fees shall be consdered expended ~f they are spent for ac~-,.von or development, respectwely, of neshborhood parks located within one.half (1/2) to one (1) retie of the subdndnen fix wl~ch the fees were paid within the ten-year period If fees are not expended w~thin~such ~ the Developer/Owner shall be enmled to a refund of the pdn~pal deposited by the Oeveloi~r/Owner m such fired, toSether , hundred sxty five (36~) days ofent~ement bi,~ii~h (d) L-~rest ,____,:,:n~ to ~e perk (a) In ~el~ a rite for a park, the City shall avoid an ~on of unrelated patois ofland o~ an aeo~'nulation of'land unsuitable for pa.,k Co) Park~ shall be ~elected on tho bans of obt~ na~ur~ setlm~s where awa-~,le and shall conmt of dv~eae topography and open space suable for the development of recre~onal (c) Neighborhood park slze should be a minu~ ~f five (5)~ a~ and obtalned a~ one ~mplete parcel If a development patod cannot provide the mmlmum ~ (5) acre parod or a smalle~ parc~ whi~ can potenUally be corm~uous to exisl~ or futwe park paro~ then a fee m lleu of park land or a combmanon of fee and park land dedication shall be requu~ m aomrdance with sec 22-37 (d) Pa.'k rites shall be located, whenever po~ble, adj-_¢_,~t_ to and congruous w~th schoolsites and other pubhc or non-profit a~ency s~tes m orde~ to make mammum use of common fac~ue~ and PAGE8 ~round~ (e) Careful consideration shall be Dven to the need for development of parks around nat~'al drainage and wooded areas, which prowde potenual recreauonal uses Criteria for floodplain areas (based upon 100 year storm) usage ~s as follows Floodplain and-natural drauutge areas shall generally not exceed seventy f~ve (75%) percent ofthe total park ~te 2 At least f~T (50%) percent of required dedicated pa& land shall have slopes m ranse of 2-5%, well drained, and smable for acuve use development 3 Floodplam acreage may be dechcated at a ratio of three to one (3 1) m acres m heu of non-floodplain property Any consideration of'additional floodplain acreage shall be as agreed upon between the Parks and Recreation Department and the Developer/Owner (f) Proposed park land boundaries shall prowde m'eet frontage for readdy ~_c¢~ble e.~,y into the pedc area by the pubhc and water, samtary sewer and electric unprovements shall be readdy available to the park from an adjacent street right-of, way or pubh¢ utdity easement ff the Developer/Owner requests delay m the construc~on of sa~d u~orovements because of phasm8 of sul:xhv~s~on development, the Developer/Owner shall escrow suffioent funds m behalf of the City, the form and prov~mons of such escrow agreement shall be approved by the C~] Attorney and the Cay Engineer, to cover the cost of such construcuon as determined by the Cay Engineer Prior to ded~cauon of land, the Developer/Owner shall make full dtsclosttre of the presence of any ~,,~rdous substances and/or undersround storage tanks (US T 's) of which the Developer/Owner has knowledge The Cm], at ns d~ret~on, may proc_,~__ to conduct such uutial envtronmentai tm and ~ on the ]and, as R may deem appropriate, and the Developer/Owner shall 8rant to the City and its agents and employees such reasonable access to the land as ts necessary to conduct such surveys and tests (h) If the results of such surveys and tests uxhcale a reasonable possab~ty of enwronmental contammauon or the presenoe ofU S T s, the C~'y may reqtute further s~rvey and te~ts to be performed at the Developer/Owner's expense as the City may deem nec~___~_ry pnor to Rs · _cc_~tance of the de&cat,on, or tn the alternate, the Developer/Owner may be reqmred to tdentd'y ahemanve property or pay the fees ~n heu of such park land dad~cat~on. (0 The park rite shall be free of'trash and debns and ~the dedicated park land's natural condmon is d~sturbed dunns construction of sulxinflslon unprovemeflts then Developer/Owner slull be responsible for remmm8 the dechcated land to ns natural condmon pnor to or al the t3me of final plat filmS and the public Improvements to be constructed per the apphcable subdiv~qon plat wdl not be accepted by the City un~ such time that the above conchtions have been met PAGE9 Sec 22.42 DEC [SION MAKING, APPEALS Unless othervase pro~.ded herem~ an action by the Cay tn determining comphance w~th the terms of ti'us article refers o a ~,ete..n~nauon by the Parks and Recreation Department The Developer/Owner of land subject t) pan( aenlcatmn requu'ements may appeal any deternunation by the Pat~ks and Recreation Depar ment under flus attacle to the Cay Councd for a final deos~on The appeal shall be tn writing and shal be filed with the Plannm8 and Zoning Comnu~on, whch shall make ~ts recommendation 10 the City Counod The Cay Counol wdl not rewew the appesi of any determmauon by the Parks and R~creauon Department vathout first obtmnmg the recommendanon of the Plarmmg and Zomn8 Cor~ rumon. No final plat shall be approved by the Planning ~ Zoning Comnumon whch vanes the terms of flus amcle or wiuch does not comply w~th the Pm'ks and Recxeauon Department's der .'rmma~on without final resolution of the appeal by tie City Counod ~ II That any person v~olatmg any provmon of th~ ordmanoe shall upon conwcuon, be fined a sum n ~t excesdmg a nmxunum amount of 500 00 n~¢h day that a provmon of thru ordinance Is v~olat ~d shall constitute a separate and chstmct offense SF, CTIO~ ~ That ff any secuon, subsecUon, paragraph, sentence, clause, phrase or word m flus ordinance, or apphcat~on thereof to any person or cu'cumstan~ ~ held mvahd by any court of competent .lunsd~, t~on, such holding shall not affect the vahchty of the remaining pomons of flus ordinance, and ~ Cay Councd of the City of Denton, Texas hereby declares it would have enacted such remaining po ~ons despite any such vahchty · ~ That save and except as amended hereby, all the prows~ons, sect~om, sut)sectlo~,..p~p .~ sentences, clauses, and phrases of Chapter 22 of the Code of Ordmanoes shall remain tn full forcq and effect SE~O V. That flus ordinance shall become effecuve fourteen (14) days ~om the date of ea passage, and ~e Cay Secrem7 ~s hereby du*ected to ~ the capUon of flus ordinance to be published twice the Denton Record-Chronicle, a dady newspaper pubbshed m the City of Denton, Texas, w~thm ten. i0) days oftbe date of,ts passage . . day of ?~,?"/~/ ,1998 JAC~ER, MAYOR ATTEST JENNIlrER WAL ['ERS, CITY SECRETARY PAGE APPROVED A~ TO LEGAL FORM HERBERT L P ~,OUTY, CITY ATTORNEY BY t ~ Agenda No,_~-~ ~.--, Agenda item Date_ ;~/~ ,~/~ AGENDA INFORMATION SHEET AGENDA DATE July 25, 2000 DEPARTMENT Economic Development ~ ACM Dave Hill, Development Services - ~ ~ SUBJECT Consider the approval of a resolution of the C~ty of Denton, Texas authorizing the acceptance by the C~ty of Denton of a grant from the Texas Department of Transportation relating to a Mumc~pal A~rport Master Plan, and prow&ng an effective date BACKGROUND In 1996 the Texas Department of Transportation, Awat~on D~ws~on (TxDOT) was g~ven authority to administer federal and state funds for capital improvement projects for all rehever and general awat~on an-ports statew~de Th~s was done to assist TxDOT ~n famhtatmg the Texas A~rport System Plan In ad&t~on to the authority to admxmster federal grant funds, TxDOT was also prowded w~th the ability to act as the sponsor's agent, ~f desired, for the purposes of applytng for, rece~wng and &sbursmg all funds for approved projects and adm~mstrat~on of contracts necessary for the implementation of ~mprovements On June 19, 2000 TxDOT officmls prowded staff w~th ~nformat~on concerning the proposed FY 2001 mrport master plan grant The Texas Transportation Commission will rewew th~s proposed grant on August 31, 2000 for final approval Prior to the Commission's rewew, TxDOT officmls have requested that the C~ty of Denton prowde documentation of support and acceptance of th~s grant, as well as certfficat~on of matching grant funds, designation of an anthonzed representatxve and des~gnatmn of sponsor's consultant select~on corramttee On July 19, 2000, a delegation representing the Denton Mumc~pal A~rport met wah TxDOT staff ~n Austin to dtscuss future development projects for the A~rport It was determined that a full Atrport Master Plan may not be necessary, however, some revisions would be reqmred pursuant to Federal Avmt~on Adm~mstrat~on regulanons These revisions are esttmated at th~rty-five to forty thousand dollars ($35,000-$40,000) Planmng officials wath TxDOT mdmated the remmmng funds ($80,000) may be apphed to an enwronmental assessment study for the proposed runway extension or to ad&t~onal safety and security ~mprovements at the facility ESTIMATED SCHEDULE OF PROJECT TxDOT ~s requesting supporting documentation of the grant to be submitted prior to August 4, 2000 Upon approval of the grant by the Texas Transportation Commissxon scheduled for August 31, 2000, the Consultant Selectmn Committee will begin the select,on process of the Design Consultant A mne to twelve-month design phase would then begin m January 2001 PRIOR ACTION/REVIEW The C~ty Attorney's Office has reviewed the mformat~on and approved th~s resolution A~rport Advisory Board and staff recommends approval of this grant FISCAL INFORMATION The estimated cost of the project ~s $120,000 The C~ty's 10 percent (10%) match of $120,000 is $12,000 and must be submitted to TxDOT by January 2001 Airport staff has requested th~s funding m the FY 00-01 budget EXHIBITS Resolution Exh~btt A Exhibit B Exhibit C Exhibit D Restfully submj~ed c/ L~hda Rathff, Director ff~/ Economm Development'Department Prepared by . Mark Nelson A~rport Manager 2 C \WINDOW~J\TEMP\TxDot Master Plan Grant doc RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE ACCEPTANCL BY THE CITY OF DENTON OF A GRANT FROM THE TEXAS DEPARTMENF OF TRANSPORTATION RELATING TO A MUNICIPAL AIRPORT MASTER PLAN, AND PROVIDING AN EFFF CTIVE DATE WHEREAS, the City of Denton intends to make certain ~mprovements to the Denton Municipal A~rport ~n accordance with a Master Plan (the "Project") to be developed by the City through financial assistance from the Texas Department of Transportation ("TxDot"), and WHEREAS, the City of Denton w~ll be responsible for 10% of the total Project costs currently estimated to be $120,000, and WHEREAS, the City of Denton names TxDot as its agent for the purposes oi applying for, receiving and disbursing of all funds for the Project and for admimstrat~on of contracts necessary for the implementation of the Project, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I The recitals contmned above are incorporated into the body of th~s resolution as if turther set forth herein SECTION 2 The City Manager is directed to execute on behalf of the City of Denton, at the appropriate time, and w~th the appropriate authorizations from the City Council, all contracts and agreements w~th the State of Texas, represented by TxDot, and such other parties as shall be necessary and appropriate for the ~mplementatmn of the Project SECTION 3 This resolution shall become effective immediately from and after its adoption ADOP FED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY -3- EXHIBIT A CERTIFICATION OF PROJEC 1' FUNDS C~ty of Denton Denton Municipal A~rport l, Kathy DuBose Assistant City Manager of Finance (Name) (T~tle) do hereby certify that sufficient funds to meet the City of Denton share of project costs as ~dent~fied in the resolution for said project and will be avatlable ~n accordance w~th the schedule shown below SPONSOR FUNDS Source .Amount Date Available General Fund $12,000 October 1, 2000 City of Denton. Texas (Sponsor) By Title Amm~mtant City Manager of F~nance Date July 25, 2000 4 EXHIBIT B DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE C~ty of Denton Denton Mumc~pal Aarport The C~ty of Denton hereby demgnates Michael W. Jez, City Manager (Name, Title) as the authorized representative for the mrport master plan project, who shall have the authority to make approvals and dmapprovals as reqmred on behalf of the C~ty of Denton C~ty of Denton, Texas (Sponso0 By Title city Manager Date July 25, 2000 DESIGNATED REPRESENTATIVE Marling Address 215 East McKinney Denton, Texas 76201 Overmght Mailing Address Telephone/FaxNumber (940) 349-8306 (940) 349-8596 fax 5 EXHIBIT C DESIGNATION OF SPONSOR'S CONSULTANT SELECTION COMMITTEE C~ty of Denton Denton Mumc~pal A~rport The C,ty of Denton hereby dcmgnates the following named md~wduals as the Consultant Select,on committee for the a, rport master plan project Name T,tle 0f appropriate) Jerry Clark, Director of Engineering and Transportation Rick Woolfolk~ Chairman, Airport Advisory Board Linda Ratliff, Director of Economic Development Mark Nelson, Airport Manager The C~ty of Denton has caused th,s to be duly executed m ,ts name, th~s 25th day of July ., 2000 C,ty of Denton, Texas (Sponsor) By T~tl¢ City Manager 6 EXHIBIT D 7 AGENDA INFORMATION SHEET ~genda Item . AGENDA DATE: 1uty 25, 2000 Qucsaons conc~ng acqmmt~on may b~ d~r~ct~d DEP~TMENT: Matings M~agcment to ~ Cl~k 349-8390 D~osc, Fiscal ~d M~c~pal Sconces ~ ACM Ka~y SUB.CT: ~ Ord~n~ce accepting compet~tive bxds ~ aw~dmg a pubhc works con~act for Const~ctlon of Paving ~d Drmnm~ ~provements on Wfllo~ood S~eet, prow~ng for expendzt~e of ~ds ~erefore, ~d prow~ng ~ effective date (Bid 2520 - Wfllo~ood Pawng ~ Drainage aw~ded to Jagoe Pubhc Comply, tn ~e ~o~t of $851,274 21) BID INFO~ATION: Thxs bid ts for ~mnage improvements ~d repawng of Wfllo~ood S~cet from Borne B~e E~t to just p~t Kendolph ~d from McCo~wk Sffeet ~t to Bem~ ~e proj~t includes approximately 1,500 feet of 18" sto~ sew~, 422 feet of 24" sto~ sewer, 1,240 feet of 30" sto~ sewer ~d 1,017 feet of 36" sto~ sewer Also included ~c approximately 12,000 sq y~ds of ~phalt paving, 500 y~ds of concrete paving md 5,~ 10 feet of c~b/~er ~COMMENDATION: We recommend t~s b~d be aw~ded W the lowest bidder, Jagoe Pubhc Comply tn the ~o~t of $851,274 21 We also reco~end ~at Alternate 1 for ~ addmonal 2" depth ~der ~e pavement ~d Alternate 2 for pavement m~hnE not be aw~ded P~NCIp~ PLACE OF BUSINESS: Jagoe Pubhc Comply Denton, TX 76201 P~OR ACTION/APPROVAL. The Pubhc Utflxty Bo~d will consider ~s project on July 17, 2000 ESTIMATED SCHEDULE OF PROJECT' Th~s project will be ~nded ~m S~eet Bond ~d (462-020-STRT-9917-910~) Respect~lly submx~ed Tom Shaw, C P M, 349-7100 P~chas~ng Agent Attac~ent 1 Tabulation Sheet 1402 AGENDA ATTACHMENT 1 TABULATION SHEET B~d # 2520 Date 6/27/00 WILLOWWOOD PAVING AND DRAINAGE ~, I ..... DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR ' JAGOE ' SUNMOUNT JRJ SUTTON & BURNSCO PUBLIC ,, CORP PAVING ASSOC COMPANY CONST Principle Place of Business ROANOKE DALLAS KELLER DENTON FT WORTH WILLOWWOOD PAVING $1,118,289 40 $948,983 80 $1 030,680 09 $851,274 21 $1,003,633 45 1 & DRAINAGE ADDITIONAL 2" PAVING $48,624 25 $48,052 20 $49,539 53 $42,903 75 $53,772 70 2 ALTERNATE 1 PAVEMENT MARKING $45,200 00 $49,000 00 $16,284 00 $18,000 00 $16,000 00 3 ALTERNATE 2 BID BOND YES YES YES YES YES ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AN AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING AND DRAINING IMPROVEMENTS ON WILLOWWOOD STREET, PROVIDING FOR EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2520 - WILLOWWOOD PAVING AND DRAINAGE AWARDED TO JAGOE PUBLIC COMPANY, IN THE AMOUNT OF $851,274 21) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City or0anances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described m the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECTION I That the following competitive sealed bid for the construction ofpubhc works or lmprovemants, as described m the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed aecordmg to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2520 Jagoe Public Company $851,271 221 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified In the Notice to Bidders Including the timely execution of a written contract and furnishing of performance and payment bonds, and Insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authonzed to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above compet~ttve sealed bids and the execution, of contracts for the public works and ~mprovements as authorized herein, the C~ty Council hereby authorizes the expenditure of funds in the manner and ~n the amount as spemfied in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2520- CONTRACTUAL ORDINANCE Agenda A~genda item. //'. -- AGENDA INFORMATION SHEET E~ate_ AGENDA DATE: July 25, 2000 Questions concermng flus acquisition may be drrected DEPARTMENT: Materials Management to Ed Hodney 349-8271 ACM Kathy DuBose, Fiscal and Municipal Servmes'~ SUBJECT. An Ordinance accepting competitive bids and awarding a public works contract for Phase IH of the Evers Park Baseball Field Improvements, providing for the expenchture of funds therefor, and providing an effective date (Bid 2507 - Evers Park Baseball Fields - Phase III awarded to Jones and Jeffrey, Inc m the amount of $253,130, mcludmg Alternates I and 4) BID INFORMATION: This bid is for Phase III of the Baseball Field Improvements at Evers Park Phase III involves the removal of existing poles and fencing and the relocation of the ball fields to a new configuration The project includes concrete paving, earth work and drmnage, ball field and parking area fencing, turf estabhshment, and erosion control RECOMMENDATION. We recommend flus bid be awarded to the lowest bidder, Jones and Jeffrey, Inc, in the amount of $253,130 including Alternate(s) 1 and 4 Alternate 1 is a $43,000 add for concrete plaza and sidewalk Alternate 4 is a $15,400 deduct for the use of Quahte Sports lighting equipment We are not recommandmg award of Alternate 2, demolition and removal of existing elements or, Alternate 3, use of Hubbell SLS remote ballast lighting system PRINCIPAL PLACE OF BUSINESS: Jones and Jeffrey, Inc Denton, Texas ESTIMATED SCHEDULE OF PROJECT: This Park Improvement ProJect is scheduled for completion within 160 days or approximately the second week of January 2001 FISCAL INFORMATION' This project will be funded from Parks and Recreation Bond fund (461-031-ATHL-9830-9010) Agenda Information Sheet July 25, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatton Sheet 1403 AGENDA ATTACHMENT 1 TABULATION SHEET B~d # 2507 Date 6/15/00 NAME EVERS PARK- BASEBALL FIELDS - PHASE III Jo.~ Qty I DES~GRIPTION VENDOR VENDOR VENDOR ' , , , '~ ~ ~ Playground ~l ,~, '~ , , l~, ,?it Jones & Jeffrey DBR Spemahst Principle Place of Business Denton Denton Lew~swlle TOTAL BASE BID $225,530 oo $264,167 oo $281,971 oo 1 ALTERNATE 1 $43,000 Add $53,099 Add $51,246 Add 2 ALTERNATE 2 $17,729 Deduct $35,925 Deduct $18,345 Deduct ALTERNATE 3 $2,200 Deduct $1,800 Deduct $46,969 Add ALTERNATE 4 $15,400 Deduct $12,600 Deduct No B~d ADDENDA 1 Yes Yes Yes 3 ADDENDA 2 Yes Yes Yes BID BOND Yes Yes Yes 4 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR PHASE III OF THE EVERS PARK BASEBALL FIELD IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2507 - EVERS PARK BASEBALL FIELDS - PHASE III AWARDED TO JONES AND JEFFREY, INC IN THE AMOUNT OF $253,130, INCLUDING ALTERNATE(S) 1 AND 4) WHEREAS, the City has soheited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction ofpubhc works or improvements, as described in the "Sealed Bid Invitations", or plans and specfficat~ons on file m 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 2507 JONES AND JEFFREY, INC $253,130 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all mqmrements specified in the Notme to Bidders including the timely execution of a written contract and furmshlng of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, pmmded that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contmned therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenchture of funds in the manner and in the amount as specffied in such approved bids and authonzed contracts executed pursuant thereto SECTION V That this ordmance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2518 CONTRACTUAL ORDINANCE AGENDA INFORMATION SHEET 0ate AGENDA DATE: July 25, 2000 Quastions concerning ttas acquisition may be directed DEPARTMENT: Mater]als Management to Ed Hodney 349-8271 ACM. Kathy DuBose, Fiscal and Mumcipal Servlces'~ SUBJECT' An Ordinance accepting competitive b~ds and awarding a pubhc works contract for the constructmn of Soccer F~eld Li§htmg Improvements, provichng for the expenditure of funds therefore, and providing an effective date (Bid 2518 - North Lakes Park Soccer Fields L~ghtlng Improvements awarded to the lowest bidder, Groves Electric, Inc ~n the amount of $152,900 ~ncludmg Alternate 1) BID INFORMATION: This bid is for hghtmg improvements to the soccer fields at North Lakes Park The project includes providing and ~nstalhng five new 1500 watt metal hahde sports lighting fixtures on existing poles and twenty 1,500 watt metal halide sports hght~ng fixture on twelve new 60' steel poles The completed project will light soccer fields 1 through 10 Alternate 1 allows for a $10,000 deduct for use of lighting fixtures with integral ballasts ~n heu of remote mount ballasts RECOMMENDATION. We recommend this bid be awarded to the lowest bidder, Groves Electric, Inc ~n the amount of $152,900 including Alternate 1 PRINCIPAL PLACE OF BUSINESS: Groves Electric, Inc Carrollton, TX ESTIM.~TED SCHEDULE OF PROJECT The project ~s scheduled for completion within 65 days of recetpt of a purchase order or the last week ~n September 2000 FISCAL INFORMATION: This Park Improvement Project will be funded from bond fund (461-031-ATHL-9830-9010) Agenda Information Sheet July 25, 2000 Page 2 Respectfully submitted Tom Shaw, ~ P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1404 AGENDA ATTACHMENT 1 TABULATION SHEET B~d 2518 Date 6/15/00 NAME NORTH LAKES PARK SOCCER FIELD LIGHTING IMPROVEMENTS NO I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Jones & Groves L~teco Chickasaw F & W Electnc Jeffrey Electric Electric Electric Pnnc~ple Place of Bus~ness Denton, TX Carrollton, TX Waller, TX Dallas, TX Floreswlle, TX TOTAL BASE BID $182,745 $162,900 $183,995 $269,000 $193,500 1 2 ALTERNATE 1 $176,745 $152,900 $171,995 $260,000 $193,500 3 BID BOND YES YES YES YES YES ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SOCCER FIELD LIGHTING IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2518 - NORTH LAKES PARK SOCCER FIELDS LIGHTING IMPROVEMENTS AWARDED TO THE LOWEST BIDDER, GROVES ELECTRIC, 1NC IN THE AMOUNT OF $152,900 INCLUDING ALTERNATE 1) WHEREAS, the C~ty has sohmted, and received competitive sealed b~ds for the construction of pubhc works or ~mprovcmcnts ~n accordance w~th thc procedures of STATE law and C~ty ordinances, and WHEREAS, the C~W Manager or a designated employee has rccewed and recommended that thc heroin described bids are the lowest respondent for thc construction of the public works or improvements described ~n the b~d lnwtat~on, and plans and spemficatmns thcrc~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION I That thc following competmve scaled b~d for the construction ofpubhc works or ~mprovements, as described m the "Scaled B~d Inwtatmns", or plans and specfficatmns on file ~n thc Office of thc C~ty's Purchasing Agent filed according to the b~d number assigned hereto, are heroby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2518 Groves Electric, Inc $152,900 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the C~ty and the person submitting the b~d for construction of such pubhc works or ~mprovements here~n accepted and approved, until such person shall comply w~th all reqmremcnts spemfied m the Not,ce to B~dders ~nclud~ng the t~mely execution of a written contract and furnishing of performance and payment bonds, and ~nsurance certfficate after notfficat~on of the award of the b~d SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements ~n accordance w~th the b~ds accepted and approved here~n, provided that such contracts are made ~n accordance w~th the Notme to B~dders and Request for Sealed B~ds, and documents relating thereto spemfymg the terms, conditions, plans and specfficatlons, standards, quantities and specffied sums contmned there~n SECTION IV That upon acceptance and approval of the above competitive sealed b~ds and the execution of contracts for the public works and ~mprovements as authorized hereto, the C~ty Council hereby authorizes the expenditure of funds m the manner and ~n the amount as specffied ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That thts ordinance shall become effective immediately upon ~ts passage and approvall PASSED AND APPROVED fins the day of ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2518 - CONTRACTUAL ORDINANCE A. genda Item AGENDA INFORMATION SHEET AGENDA DATE' July 25, 2000 DEPARTMENT' Management and Budget ACM Kathy DuBose, Asststant Ctty Manager, Ftscal and Mumc~pal Servtces~ SUBJECT An ordinance to declare the tntent to retmburse expendttures from the unreserved retatned earnings of the Water Fund w~th Certfficates of Obhgatton for Sohd Waste Landfill construction, and provtde an e£fect]ve date BACKGROUND Dest§n and specfficatlon servmes for the landfill expanston of Cells 2A, 2B and 2C have been completed by EMCON Construction ts ready to begin on the project, however, a bond reimbursement resolutton ts needed to prowde project fundtng until the next projected bond sale The Sohd Waste department ~s requesting a retmbursement resolution m the amount of $2,397,865 The funds will be provxded by the Water Fund unreserved retained earmngs and will be reimbursed wtth certfficates of obhgat~on sold m fiscal year 2000-2001 The expanston of the landfill has been approved m the 2000-2001 Capttal Improvement Budget PRIOR ACTION/REVIEW (Council. Boards, Commissions) Approved by the Pubhc Utthtxes Board on July 17, 2000 FISCAL INFORMATION This ordinance will allow $2 398 mflhon from the Water Fund unreserved retatned earnings to be expended and subsequently retmbursed wtth certtficate of obhgattons Krtstln Newman Assistant Dtrector of Management and Budget ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE WATER FUND WITH CERTIFICATES OF OBLIGATION FOR SOLID WASTE LANDFILL CONSTRUCTION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton (the "Issuer") IS a mumcipal corporatmn/pohtmal subdivision of the State of Texas, and WHEREAS, the ~ssuer expects to pay expenditures for payment of contractual obhgatlons for construction activities in connection w~th the expansion of landfill cells 2A, 2B, and 2C, which were prewously approved in the 2000-2001 CIP Budget and is described in Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its Intention, m accordance with the provisions of Section 1 150-2 Treasury Regulations, to rmmburse ~tself for such payments at such time as it issues the obhgatlons to finance the ProJects, NOW, THEREFORE, THE COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Issuer reasonably expects to ~ncur debt, as one or more series of obligations, with an aggregate maximum prlnmpal amount equal to $2,397,865 for the purpose of paying the costs of the ProJect, as set forth in the attached Attachment "A" SECTION 2 All costs to be reimbursed pursuant hereto wall be for construction of public works as authorized by Sectmn 271 045(a)(1) of the Texas Local Government Code No tax-exempt obligations will be issued by the Issuer m furtherance of thas 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, w~th respect to which such expenditures are made, is placed m service That all amounts expended from the Unreserved Retained Earnings for the ProJect set forth ~n Attachment "A" to pay any costs of the ProJect shall be reambursed from Certificate of Obhgat~on bond proceeds wathm the 2000-2001 fiscal year SECTION 3 The foregoing notw~thstandmg, no tax-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure Much is to be reimbursed is paid SECTION 4 This ordinance shall become effective ~mmethately upon tts passage and approval S \Our Documonts\Ordmances\00\Land Fill Project Relmbursemen doc PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 ATTACHMENT A CIP PROJECT 2000-2001 Expansion of Landfill Cells 2A, 2B, and 2C $2,397,865 Page 3 Agenda No &genda Item Date AGENI)A INFORMATION SItEET AGENDA,DATE: July 25, 2000 Questaons concermng tlus acqmslt~on may be thrected DEPARTMENT: Matenals Management to Howard Mamn 349-8232 ACM: Kathy DuBose, FIscal and Mumcxpal Servmes"~ SUBJECT: An Ordinance accepting compet~ttve b~ds and awarding a pubhc works contract for the Construction of Landfill Cells - Phase II, prowchng for the expemhtur¢ of funds therefore, and promdlng an effective date (Bid 2521 - Construction of Landfill Cells - Phase II awarded to Handex Construction Sarvlces m the amount of $2,247,865 38) BID INFORMATION: Thts b~d ~s for the Construction of a 13-acre Landfill Cell as a porhon of Phase II of the Landfill Development A steady increase of sohd waste generated by construction activity and ~ncreased res~dentml waste has reduced the hfe of Cell 1 m Phase I from 2 V2 years to 1 ~A years The new proposed 13-acre stte will extend landfill space for approximately 2 years prior to the next cell being constructed RECOMMENDATION: We recommend award of the 13-acre s~te construction to the lowest b~dder, Handex Construction Servmes m the amount of $2,247,865 38 PRINCIFAL PLACE OF BUSINESS: Handex Construction Services Ft Worth, TX ESTIMATED SCHEDULE OF PROJECT: Mobdlzat~on ~s expected to begin m early August w~th substantml completIon w~thm 88 workdays~or the second week m December 2000 FISCAL INFORMATION: Th~s project will be funded from FY 2001 CIP Sohd Waste Bond funds m the amount of $2,173,000 (see reimbursement resolutxon) and $74,865 38 from 2000 CIP fundmg, total amount of $2,247,865 38 Agenda Information Sheet September 25, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatton Sheet 1405 AGENDA ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS - PHASE II, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2521 - CONSTRUCTION OF LANDFILL CELLS - PHASE II AWARDED TO HANDEX CONSTRUCTION SERVICES IN THE AMOUNT OF $2,247,865 38) WHEREAS, the City has sohclted, and received competitive sealed btds for the construction of pubhc works or improvements m accordance w~th the procedures of STATE law and C~ty ordanances, and WHEREAS, the City Manager or a designated employee has received and recommended that the hereto described bids are the lowest respondent for the construction of the public works or ~mprovements described ~n the b~d mv~tat~on, and plans and specfficat~ons there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed b~d for the construction ofpubhc works or ~mprovements, as described in the "Sealed B~d Invitations", or plans and specfficat~ons on file m the Office of the C~ty's Purchasing Agent filed according to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsthle bids BID NUMBER CONTRACTOR AMOUNT 2521 Handex Construction Servmes $2,247,865 38 SECTION II That the acceptance and approval of the above competitive sealed b~d shall not constitute a contract between the C~ty and the person submitting the bid for construction of such pubhc works or ~mprovements here~n accepted and approved, until such person shall comply with all requirements speeffied m the Notme to Bidders ~nclud~ng the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certfficate after notfficat~on of the award of the bid SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements m accordance w~th the b~ds accepted and approved hereto, provided that such contracts are made ~n accordance w~th the Notme to Btdders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specfficat~ons, standards, quantities and specffied sums contained there~n SECTION IV That upon acceptance and approval of the above competitive sealed b~ds and the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specffied ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED tlus the day of ,2000 EUL1NEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2521 - CONTRACTUAL ORDINANCE AgendaHo AGENDA INFO]EL~/IATION SHEET 0ate_ AGENDA DATE: ~uly 25, 2000 Questions conce~ng t~s acqmsxtxon may be directed DEP~TMENT: Maten~s M~agem~t to Je~ Cl~k 349-8390 Fxscal ~d M~lc~pal Se~xces ACM: Ka~y D~ose, SUBJECT. An Ordinance accepting competitive bids and awarding an annual contract for the supply of Traffic Signal Control Cabinets, and providing for the expenchture of funds therefore, and providing an effective date (Bid 2517- Annual Contract for Traffic Signal Control Cabinets awarded to Paradigm Traffic Systems in the estimated amount of $58,176) BACKGROUND: This bid is for the annual supply of traffic signal control boxes utilized by the traffic signal control boxes utilized by the Traffic Control Division The boxes are used to house master controllers and signal controls at various intersections RECOMMENDATION: We recommend award to the lowest bidder, Paradigm Traffic Systems in the amount of $4,848 00 per unit PRINCIPAL PLACE OF BUSINESS: Paradigm Traffic Systems Ft Worth, TX ESTIMATED SCHEDULE OF PROJECT' Delivery of individual units is sixty days after receipt of a purchase order FISCAL ,INFORMATION: Traffic Signal Control Cabinets will be ordered as needed and charged the appropriate fiscal budget or bond account Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1406 AGENDA ATTACHMENT 1 TABULATION SHEET BID # 2517 DATE 6-8-00 NAME Annual Price Agreement for Traffic Signal Control Cabinets PRINCIPAL PLACE OF BUSINESS Arhngton Ft Worth 1 12 each Traffic Signal Control Cabinets & 4 Channel Card Rack $5,229 $4,848 Delivery 30- 60 days 60 days O~CE NO ~ O~CE ACCEPT~G COMPETIT~E BBS ~ AWinG AN A~ CONTACT FOR THE S~PLY OF T~FIC SIGNAL CONTROL C~TS, ~ PROVID~G FOR THE E~ENDI~ OF F~S THE~FORE, PROVinG EFFECTIVE DATE (B~ 2517- ~AL CONTACT FOR T~FIC SIGN~ CONTROL C~ETS AWNED TO P~IGM T~FIC SYSTEMS ~ THE ESTIMATED ~O~ OF $58,176) WHEREAS, the C~ty has sohmted, received and tabulated competmve b~ds for the purchase of necessary materials, equipment, supplies or services in accordance w~th the procedures of STATE law and Ctty or&nances, and WHEREAS, the C~ty Manager or a desxgnated employee has rewewed and recommended that the hereto described b~ds are the lowest responsxble b~ds for the materials, equipment, supplies or serwces as shown m the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropnatmn of funds to be used,for the purchase of the materials, eqmpment, supplies or sermces approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems m the following numbered bids for materials, equipment, supphes, or serwces, shown m the "B~d Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2517 ALL Paradigm Traffic Systems EXHIBIT "A" SECTION II That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty accepts the offer of the persons submitting the b~ds for such ~tems and agrees to purchase the materials, equtpment, supphes or servmes ~n accordance w~th the terms, spemficattons, standards, quantmes and for the specffied sums contmned m the B~d InwtaUons, B~d Proposals, and related documents SECTION III That should the C~ty and persons submxttmg approved and accepted ttems and of the submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarchng of the b~ds, the C~ty Manager or h~s designated representative ~s hereby authorized to execute the written contract winch shall be attached hereto, prowded that the written contract ~s m accordance w~th the terms, con&t~ons, specfficat~ons, standards, quant~Ues and spemfied sums conUuned ~n the B~d Proposal and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Counml hereby authorizes the expen&ture of funds therefor ~n the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That ttus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2517 SUPPLY ORDINANCE EXHIBIT "A" BID # 2517 NAME Annual Price Agreement for Traffic S~gnal Control Cabinets PRINCIPAL PLACE OF BUSINESS let Worth 1 ~12 each Traffic Signal Control Cabinets & 4 Channel Card Rack $4,848 each Delivery 60 days Agenda AGENDA INFORMATION SHEET Age,da It~0~mf~ .~ ~/~/) Oaten- AGENDA DATE: July 25, 2000 Questions eonc~ng ~s acqms~tmn may be d~rected DEP~TMENT: Materials M~agem~t to C~ Tower 349-8424 ACM. ~y D~ose. F~sc~ ~d M~mpal Se~mes ~ SUBJECT: An Ordtnance accepting compet~ttve btds and awarding a contract for the purchase of truck bed and bodtes, and provtdtng for the expendtture of funds therefore, and promdtng an effective date (Btd 2534 - Track Bed and Bodies awarded as hstcd below, in a total mount of $20.522) BACKGROUND: This bid ts for the purchase of three utlhty bodzes and a dump bed for truck cab/chassis prewously approved by Councd RECOMMENDATION: We recommend thts btd be awarded to the lowest bidder meeting specfficatmns as hsted ITEM DESCRIPTION SUPPLIER PRICE 1 Utthty Body % ton CC AG Van $ 3.780 2 Utlhty Body 1 ½ ton CC LB Ft Worth Track $ 5,335 3 Utlhty Body 1 ¥2 ton CC SB AG Van $ 4,192 4 Dump Flatbed 1 ton CC Fontalne Track $ 7,215 Total Expendtture $20,522 The lower price offered by Fontame Track on Item 2 fmls to meet specifications for tluckness of metal utfitzed to construction of limer and outer door panels PRINCIPAL PLACE OF BUSINESS: AG Van Track Ft Worth Track Fontmne Track Irving, TX Ft Worth, TX Dallas, TX ESTIMATED SCHEDULE OF PROJECT: Delivery of these bed and bodies ~ncludlng installation is esttmated to be from 60-90 days from recetpt of an order FISCAL INFORMATION: Funding .for these truck bed and bodies wall come from Motor Pool Vehtcle Replacement funds or 1999-2000 Budget funds Agenda Information Sheet July 25, 2000 Page 2 Respectfully submitted Tom Shaw, C~ M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1407 AGENDA ATTACHMENT 1 TABULATION SHEET B~d # 2534 Date 6/29/00 TRUCK BED & BODIES No I QtY. I . DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR , Ft Worth , , Fonta~neTruck Commercial Truck& Equipment AG Van ' i & Equipment Body Southwest and Truck , ' ~ Supply Pnnc~ple Place of Bus~ness Dallas Arhngton Ft Worth Irving Irwng UTILITY BODY FOR 314 TON ClC 1 EXTENDED CAB, 158" WHEELBASE, S6" $4,590 00 $5,287 00 $4,480 00 $5,005 00 $3,780 00 1 C,A 2000 FORD, AT, DIESEL UTILITY BODY FOR 1 1/2 TON C/C, 84" 2 CA, 2000 FORD FSE0, AT, DUALREAR $5,175 00 $6,676 66 $5,335 00 $6,328 00 $5,485 00 2 WHEELS UTILITY BODY FOR '1 1/2 TON CIC, 4 1 DOO., S0"CA, 2000 FORD ;SS0, AT, $4,530 00 $5,530 00 $4,525 00 $4,930 00 $4,192 00 3 DUAL REAR WHEELS BODY, DUMPING FLATBED FOR 1 TON 1 CIC 2000 FORD F350 SUPER DUTY, 84" $7,215 00 $7,813 00 $7,270 00 $7,575 64 $8,191 00 4 CD, AT, DUAL REAR WHEELS DELIVERY - days 60 120 90 60 70-80 2534TAB xls ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PLrRCHASE OF TRUCK BED AND BODIES, AND PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2534 - TRUCK BED AND BODIES AWARDED AS LISTED BELOW, IN THE AMOUNT OF $20,522) WHEREAS, the Caty has sohcated, reeeaved and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the Caty Manager or a desagnated employee has reviewed and recommended that the herein described bads are the lowest responsible bids for the materials, eqmpment, supphes or servmes as shown m the "Bad Proposals" submatted therefore, and WHEREAS, the Caty Council has prowded an the Caty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supphes or servmes approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 That the numbered items ~n the following numbered bids for materials, eqmpment, supplies, or services, shown m the "Bid Proposals" on file m the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bads for such atems BID ITEM VENDOR AMOUNT 2534 I A G Van & Truck $3,780 2534 2 Ft Worth Truck $5,335 2534 3 A G Van & Truck $4,192 2534 4 Fontalne Truck $7,215 SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bads, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supphes or services in accordance with the terms, specifications, standards, quantataes and for the specified sums contmned an the Bid InvltaUons, Bad Proposals, and related documents SECTION 3 That should the City and persons submitting approved and accepted items and of the submitted bads wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or bas designated representative is hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract is in accordance with the terms, condlUons, specifications, standards, quantlt~es and spemfied sums contained an the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered Items of the submitted bids, the City Council hereby anthonzes the expenditure of funds therefor m the mount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That this ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this --. day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2534 SUPPLY/SERVICES ORDINANCE Aoenda Item /"~ ..... Date~ AGENDA INFORMATION SHEET Questions concerning this AGENDA DATE: July 25, 2000 acquisition may be directed to Ed Hodney 349-8271 or DEPARTMENT' Materials Management Cary Tower 349-8424 ACM. Kathy DuBose, Fiscal and Mumc]pal Servlces'~',~ SUBJECT: An Ordinance accepting compet]tlve bids and awarding a contract for the installation of an Automated Imgatlon System at the Service Center, providing for the expenditure of funds therefor, and providing an effective date (Bid 2535 - Service Center Imgatlon awarded to ?rofessional A-1 Sprinkler Service, In the amount of $20,$00) BID INF RMATION: This bid is for the installation of an 1rogation system near the new Fleet Maintenance Facility located in the Service Center The project includes pipe, valves, spnnklers, and controls compatible with Parks and R.ecreatlon Department standards The irrigated area will be along Paisley and Crawford Streets RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Professional A-I Sprinkler Service, in the amount of $20,~500 PRINCIPAL PLACE OF BUSINESS: Professional A-1 Sprinkler Service Denton, Texas PRIOR ACTION[APPROVAL Public Ut]hty Board will consider this project on July 17, :~000 ESTIMATED SCHEDULE OF PROJECT: The project is scheduled for completion in 30-45 days after notice to proceed FISCAL INFORMATION: This project will be funded from Certificate of Obhgatlon fund (726-025-CO99-9101) Agenda Information Sheet July 25, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1408 AGENDA ATTACHMENT 1 Tabulation Sheet Bid # 2535 Date 7-6-00 SERVICE CENTER IRRIGATION DESCRIPTION VENDOR VENDOR ~, Profess~onalA-1 Systems Designs ,~, ', Spnnkler ServiceSpnnkler Co Pnnc~ple Place of Bus,ness Denton Argyle Total Bid Award $20,500 oo $20,950 oo ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE INSTALLATION OF AN AUTOMATED IRRIGATION SYSTEM AT THE SERVICE CENTER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2535 - SERVICE CENTER IRRIGATION AWARDED TO PROFESSIONAL A-1 SPRINKLER SERVICE IN THE AMOUNT OF $20,500) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, eqmpment, supphes or servmes 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, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file ~n the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AIviOUNT 2535 PROFESSIONAL A-1 SPRINKLER SERVICE $20,500 SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contatned In the Bid Invitations, Bid Proposals, and related documents SECTION 3 That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of _, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2535 SUPPLY/SERVICES ORDINANCE Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: July 25, 2000 Questions concermng flus acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays at 349-8487 ACM: Kathy DuBose, Fiscal and Mumcipal Servmes'~ SUBJECT. An Ordinance awarding a contract for the purchase of Fiber Optic Cable as awarded by the State of Texas General Services Commission, providing for the expenditure of funds therefor, and provldlng~ an effective date (Purchase Order 06167 to FMS Technologies, Inc in the amount of $116,475) BAC CG The City of Denton has become heavily involved in the mstallaUon of a fiber optic cable network intended to connect all major City facilities The cable on this order is intended for the 69 kv line rebuild and Poekrus Substation Renovation, Denton County network expansion and other expansion projects RECOMMENDATION: We recommend Purchase Order 06167 to FMS Technologies, Inc be approved in the amount of $116,475 PRINCIPLE PLACE OF BUSINESS: FMS Technologies, Inc Dallas, TX ESTIMATED SCHEDULE OF PROJECT: The multl-pmr fiber optic cable is available for slupment in 12 weeks from receipt of a purchase order FISCAL INFORMATION. The acquisition of this fiber optic cable will be funded from 2000 Revenue Bond Budget funds account (654-080-RB00-3970-9252-C0612263) for $15,840 Agenda Information Sheet July 25, 2000 Page 2 PURCHASE ORDER INFORMATION' This purchase order is for the acquisition of 67,500 feet of multi pair fiber optm cable The cable will be utdized in the expansion of the City of Denton fiber optic network The price is taken from the State of Texas General Servmes Commission Contract 1-75-210- 7290-400 awarded to FMS Technologies, Inc Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 06167 to FMS Technologies, Inc Attachment 2 Quotation from FMS Technologies, Inc 1409 AGENDA ATTACHMENT H '~ E~ ATTACHMENT 2 Jut 14, 2~00 C~ty of D~nton 901 B Te~a Denton, ~ ~ Chuc~ p~m under ~e S~ Con~, ~ T~u s~ con.net ~ ~ 7~21072~ must tp~r on ~ p~bsse The pfl~g ~ b st or ~ rote cont~ff pflchg. 1 ~ Mb~um ~3LI~10X, d~ b~k S 1.76 1 ~ ~nimum ~LI~7~IOX. ~ ~k S 2.69 ~e mb, Cabb Tobmce ~ +S% S~s on ctbb wen sat di~ly to ~a~b ~e~' *1~12 w~ ARO FOB F~t ~ ~ ~K o~eF *Pflce ~ lind t~e b~ on fiber avahbd~ ~d pJsnt cl~ ~ ti~e of o~er ~acemn~ ~snk yoa br the con~enbon of pu~ming thmu~ SUM Con~act.Jlms T~bn~ b optk de~mmL Smce~, Faz~ 1 p~e ~76 1~77 MM~y R~, 5~1~ 2~ ~ ~1~, T~ 7~244 ~ P~n~ 972.934.~416 ~ F~ 97~ 93~0J15 f~S ~hn~, Inc ~ w~w f~tech com ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FIBER OPTIC CABLE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 06167 TO FMS TECHNOLOGIES, INC IN THE AMOUNT OF $116,475) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has soheited, received and tabulated compeUt~ve bids for the purchase of necessary materials, equipment, supphes or services m accordance w~th the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the hereto described materials, eqmpmant, supphes or services can be purchased by the City through the General Serwees Commission programs at less cost than the City would expend ff bidding these ~tems individually, and WHEREAS, the City Council has provided an the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown In the "Purchase Orders" hsted hereon, and on file ~n the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 06167 FMS TECHNOLOGIES, INC $116,475 SECTION II That by the acceptance and approval ofthe above numbered items set forth m the attached purchase orders, the C~ty accepts the offer of the persons submitting the bids to the General Services Commission for such ~tems and agrees to purchase the materials, eqmpment, supphes or services m accordance w~th the terms, conditions, specifications, standards, quantmes and for the specified sums conttuned m the bad documents and related documents filed w~th the General Services Comrmss~on, and the purchase orders ~ssued by the C~ty SECTION III That should the City and persons submitting approved and accepted items set forth ~n the attached purchase orders w~sh to enter ~nto a formal written agreement as a result of the C~ty's ratification of b~ds awarded by the General Services Commms~on, the C~ty Manager or h~s designated representaUve is hereby authorized to execute the written contract wbach shall be attached hereto, prowded that the written contract ~s ~n accordance w~th the terms, conditions, specifications and standards contmned ~n the Proposal submitted to the General Services Commission, quantities and specified sams contained m the C~ty's purchase orders, and related docaments here~n approved and accepted SECTION IV That by the acceptance and approval ofthe above nambered ~tems set forth m the attached purchase orders, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount and ~n accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as anthonzed herein SECTION V That th~s ordinance shall become effective ~mmedmtely upon tts passage and approval PASSED AND APPROVED this day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 06167-PO STATE ORDINANCE Agend~ No , AOendMt~2_~/~z~Z::? " Date AGENDA INFORMATION SHEET AGENDA DATE' July 25, 2000 DEPARTMENT' Management and Budget ACM Kathy DuBose, Assistant City Manager, Fiscal and Mumclpal Services SUBJECT An ordinance amending Ordinance no 99-322 adopting the 1999-2000 Budget and Annual Program of Services to increase the I999-2000 Fleet Services budget in the amount of one hundred and eighty eight thousand rune hundred and ten dollars due to an unanticipated increase in the cost of fuel, prowdlng for pubhcatlon and filing with the county clerk, and providing an effective date BACKGROUND Due to greatly escalaUng fuel prices, the Fleet Services operating budget for fiscal year 1999- 2000 needs to be amended Fuel cost has increased from $ 72 per gallon in October 1999 to $1 26 per gallon ~n July 2000 As a result, the Fleet Services operating budget for fuel should be increased by $188,910 in order to provide fuel for City vehicles for the balance of the year The increased cost to the Fleet Servmes fund wall be offset by revenues from the user departments PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION The 1999.2000 operating budget includes $511,090 for fuel Fleet Services requests an increase of $188,910 to provide an amended budget amount of $700,000 Respectfully submitted Knstln Newman Assistant Director of Management and Budget S \Our Documents\Ordlnances\OO\Budget Amendment Fleet Services doc ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO 99-322 ADOPTING THE 1999-2000 BUDGET AND ANNUAL PROGRAM OF SERVICES TO INCREASE THE 1999-2000 FLEET SERVICES BUDGET IN THE AMOUNT OF ONE HUNDRED AND EIGHTY EIGHT THOUSAND NINE HUNDRED AND TEN DOLLARS DUE TO AN UNANTICI- PATED INCREASE IN THE COST OF FUEL, PROVIDING FOR PUBLICATION AND FIL- lNG WITH THE COUNTY CLERK, AND PROVIDING AN EFFECTIVE DATE WHEREAS, since the 1999-2000 City Budget was adopted, there has been a s~gmficant increase in the price of crude oil, gasohne and other fuels, and WHEREAS, the City Manager advised the C~ty Council that such an increase mqulnng additional revenue and expenditure was not reasonably antlmpated prior to the adoption of the 1999-2000 budget and could not have been mcluded m the original budget, and WHEREAS, the s~gmficant increase ~n fuel prices has caused an imbalance in the Fleet Services Budget winch reqmres an mcrease of $188,910 to provide an amended budget amount of $700,000, and WHEREAS, Section 8 08 of the Charter of the C~ty of Denton and Sectmn 102 009 of the Texas Local Government Code prowde that a governing body may authorize an emergency ex- penditure as an amendment to the ongmal budget only ~n a case of grave pubhc necessity to meet an unusual and unforeseen condition that could not have been included ~n the original budget tkrough the use of reasonably diligent thought and attentmn, and WHEREAS, the City Council finds that the fmlure to amend the budget and expend the funds discussed above will create the probability that many municipal vehicles performing vital pubhc health, safety, and welfare act~wtles will have to curtail operatmns due to a lack of fuel winch will create a grave pubhc necessity and that th~s condition of significant fuel pnce creases ~s~an unusual and unforeseen condition that could not have been ~ncluded in the original budget through the use of diligent thought and attentton and requires the 1999-2000 budget to be amended and increased ~n the amount of One Hundred Eighty Eight Thousand and Ten Dollars ($188,010), NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Council hereby adopts the findings hsted above SECTION 2 That Ordinance No 99-322 adopting the 1999-2000 Budget and Program of Services is hereby amended by amending the 1999-2000 Fleet Services Budget of the City of Denton by increasing the budget in the amount of One Hundred E~ghty Eight Thousand Nine Hundred and Ten Dollars ($188,910 00) to provide an amended Fleet Services Fuel Budget of Seven Hundred Thousand Dollars ($700,000) SECTION 3 That the 1999-2000 Fleet Services Fuel Budget of the City of Denton 1s hereby further amended by transfemng and expending sums from the unappropriated fund bal- ance to the following accounts Amount Account Account Name $ 82,720 730-025-0583-8705 Gasohne $106,190 730-025 -0583-8711 D~esel SECTION 4 That the C~ty Secretary ~s d~rected to attach a copy of th~s ordinance to the original budget and cause th~s amendment to be pubhshed once ~n the Denton Record Chromcle The Assistant C~ty Manager for F~scal & Mumc~pal Services shall prowde for the fihng of a tree copy of this budget amendment w~th the office of the Denton County Clerk ~n accordance with Sections 102 009 and 102 011 of the Texas Local Government Code SECTION 5 That fins ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / / Page 2 Agenda No..~~ Agendaltem~ ¢,~ ~- .. AGENDA INFORMATION SUEET Date '7,/,~?fY~ AGENDA DATE. July 25, 2000 DEPARTMENT' Engineering & Transport~mn CM/DCM/ACM. Dave Hill.. 349-8314 ~ SUBJECT An ordinance authonmng the C~ty Manager, or h~s designee, to execute an agreement for personal serwces w~th Roger Wdkmson to prowde real property acquisition services and support for the Ponder Electric Substation Project, authonmng the expenditure of funds therefore, and provldmg an effective date The scope of the project consists of acqmsttlon of the easements necessary for the construction of electric transmission line clmmt from the Ponder Electric Substation (F M 2449) to the Hmkory Street Electric Substation (Borne Brae & Hickory) Also, an intermediate substation s~te w~ll be acqmred in the Peterbilt/Tetra Pak area Mr Wilkinson has the knowledge and expertise to expedite the acqms~tlon project and is famlhar with the landowners in the area RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVIEW ¢Councll. Boards. Comm~ss~ons~ Pubhc Utd~tles Board rewew on July 17, 2000 FISCAL INFORMATION $39,000 00 Respectfully submitted ~, Director Prepared by E'rffglneerlfig & Transportation Paul Wdhamson R~ght-of-Way Agent S \Our Documents\Ordmances\00\Whkerson Employment-Substation doc ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT FOR PERSONAL SERVICES WITH THE ROGER WILKINSON TO PROVIDE REAL PROPERTY ACQUISITION SERVICES AND TECHNICAL SUPPORT FOR THE PONDER ELECTRIC SUBSTATION PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Manager, or Ins des,gnee, ~s hereby authorized to execute an Agreement for Personal Servmes w~th the Roger W~lktnson regarding real property acqms~t~on services and techmcal support for the Ponder Electric Substation ProJect, a copy of winch Agreement ~s attached hereto and incorporated here~n SECTION 2 The expenditure of funds as prowded ~n the attached Agreement ~s hereby authonzed SECTION 3 Tins ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Contracts\00\valkmson_contract2 doc PERSONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made and entered ~nto thru __ day of ,2000, by and between Roger Wflkanson, hereinafter referred to as "Consultant," and the C~ty of Denton, a Texas Mumc~pal Corporation, 215 East McK~nney, Denton, Texas 76201, hereinafter referred to as "City" WITNESSETH WHEREAS, the C~ty needs to employ Consultant to asmst the C~ty, and WHEREAS, the Consultant ~s the former Eng~neenng Tech Supervisor for the CRy, and has over twenty-five years of experience ~n working w~th the C~ty's right-way-services, and has unique quahfieat~ons and experience that no other person can offer the C~ty dunng thru period of time, NOW, THEREFORE, ~n conmderat~on of the promises and mutual obhgat~ons herein, the parhes hereto do mutually agree as follows I Scope of Services. The Consultant shall perform the following personal services ~n a profesmonal manner working as an ~ndependent contractor not under the d~rect supervmon and control of the C~ty A Consultant will prowde, w~thout hm~tatton, the following services 1 Techmcal support specifically for the acqmsmon of right-of-way parcels and elecmc substation tract(s) for the pen&ng Ponder Substation (F M 2449) to Hmkory Street Substation Electric Transmmmon Line & Substation ProJect 2 The Consultant shall perform all those Bamc Services as necessary, and as described ~n the Consultant's June 7, 2000 letter to the C~ty, whmh ~s attached hereto and incorporated herewith by reference as Exhxb~t "A" B The Consultant shall perform all the services reqmred m a t~mely fashion, and shall complete same ~n comphance w~th schedules estabhshed by the C~ty through ~ts C~ty Manager, as appropriate to carry out the terms and con&t~ons of th~s Agreement C \My Docuraents~vly Documents\Ponder_H~ckory_138kv\wflkmson_contract2_rewsed doc II Term; The term of this Agreement shall be for six months, from July 25, 2000 through January 31, 2001 This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedules established by the City, through its City Manager III. Compensation and Method of Payment A The Consultant shall be prod at the rate of sixty dollars ($60 00) per hour, and shall provide at least forty-one and one-half hours per month of consulting services, and will be avmlable for additional consulting services as may be required by the City Manager The total compensation to be paid to the Consultant under this Agreement shall not exceed Thirty Nine Thousand Dollars ($39,000), unless the City Council approves additional compensation upon request of the City Manager B The Consultant shall devote the amount of time to this matter necessary to perform the services herein, but will try to reduce costs wherever possible The Consultant shall bill the City through the submission of invoices, statements, and other documentation, together with support data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and detmls of all services rendered, along with any reasonable and necessary out-of- pocket expenses incurred C Additionally, the City shall either pay directly or reimburse the Consultant, as the case may be, for reasonable and necessary out-of-pocket expenses, ~ncludmg but not limited to, telephone, telecopler, reproduction, postage, overnight courier, vehicle mlleage($ 325 cents per mile), and travel All copies will be charged at fifteen cents ($15) per copy for copies made within Consultant's offices, and as much photocopying as possible will be done by outside vendors at bulk rates or by the City to reduce costs if bulk copying is necessary D Upon completion of all services for a particular issue or transaction, the City shall make payment to the Consultant within thirty (30) days of the satisfactory completion of services and receipt of an invoice or statement The parties anticipate invoices or statements for services will be generated on a monthly basis and that smd invoices or statements will be sent on or about the 15th day of each month All reimbursable expenses, including but not necessarily limited to travel, lodging, and meals shall be paid at the actual cost, pursuant to the terms and conditions hereinabove set forth All invoices and bills shall be approved by the City Manager E It is understood that the Consultant shall work under the coordination and general supervision of the City Manager Page 2 a~. S \Or r Documents\Cont~acts\00\wflkmson_conttact2 doc F All notices, Invoices, and payment shall be made in writing and may be given by personal delivery or by mall Notices, invoices, and payments sent by mail shall be addressed respectfully, Michael W Jez. City Manager, 215 E McYdnney, Denton, Texas 76201, or to Paul Wflhamson, Raght-of-Way Agent, 221 North Elm Street When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mall, postage prep0ad In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual dehvery Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable notice is given IV Professional Comnetencv. A The Consultant agrees that in the performance of these professional services, Consultant shall be responsible to the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work For the purpose of this Agreement, the key person who will be performing the work hereunder shall be Roger Wilkinson B Any reports and other documents prepared or obtained under the terms of this Agreement are anstruments of service and the City shall retain ownerslup and a property interest therein If this Agreement is terminated at any time for any reason poor to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant V EstablishmentandMamtenaneeofReeords Full and accurate records shall be mmntmned by the Consultant at its place of business with respect to all matters covered by this Agreement Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement VI Audit, s and Inspection' At any time dunng normal business hours and upon reasonable notate to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agreement The Consultant shall permit the City to audit, examine, and make excepts or transcripts from such records, and to make audits of contracts, lnvmees, materials, and other data relating to all matters covered by this Agreement VII. Aeeomphshment of Proleet' The Consultant shall commence, carry on, and complete any and all projects with all practicable dispatch, m a sound, economical and efficient matter, and, in accordance with the provisions hereof and all applicable laws In accomplishing the projects, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City Page S \Our Document~\Con~racts\00\wfiklnson_contract2 doc VIII Indemmtv and Indenendent Contractor Relationship The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City Nothing herein shall be construed as creating a relationship of employer and employee between the parties The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly arise from any neghgenee and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement The Consultant agrees to defend, mdemm~' and hold harmless the City and all of its officers, agents, servants, and employees against any and all such chums, demands, damages, losses, and expenses, including, without limitation, court costs and reasonable attorney's fees incurred by the City m each case solely for injury, death, and physical damages to real or tangible personal property to the extent resulting from the negligent acts or omissions of the Consultant in the performance of this Agreement Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, ~neludmg, without hmltatmn, a cause of action for specific performance or for damages, or loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved IX. Termination of Agreement' A In connection with the work outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may without cause cancel or indefinitely suspend further work hereunder or terminate th~s Agreement at any time upon written notice to Consultant, upon receipt of such notice, Consultant shall cease all work and labor being performed under this Agreement Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement All reports and other documents, or data, or work related to the project shall become the property of the Oty upon termination of this Agreement B In addition, this Agreement may be terminated in whole or in part, m writing, by either party m the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party Provided, however, that no such termination may be affected, unless the other party is given [1] written nottce (delivered by certified mall, return receipt request) of intent to terminate, and not less than thirty (30) calendar days to cure the failure, and, [2] an opportumty for consultatton with the terminating party prior to termination C Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any work which ~s unsattsfaetory or which is not submitted in comphance with the terms of this Agreement X Entire Agreement' Th~s agreement represents the entire agreement and understanding between the part,es and any negotiations, proposals, or oral agreements are intended to be Page 4 ~} S \Our Documents\Contracts\OO\wflkmson_cont:racQ. doc integrated herein and to be superseded by this written agreement Any supplement or amendment to this agreement to be effective shall be in writing and signed by the City and the Consultant XI. Compliance with Laws: The Consultant shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended, including but not hmlted to the Texas Disciplinary Rule of Professional Conduct XII Governing Law' For the purpose of determining place of agreement and law governing same, this Agreement is entered into the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting m Denton County XIII Discrimination Prohibited. In performing the services reqmred hereunder, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap XIV Personnel' A The Agreement to the Consultant represents that it has or will secure at ~ts own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or have any contractual relations with the City Consultant shall inform the City of any conflict of interest or potential conflict of interest that may arise dunng the term of this Agreement B All services reqmred hereunder will be performed by the Consultant or under supervlslon All personnel engaged ~n work shall be quahfied and shall be anthonzed or permitted under state and local laws to perform such services XV Assignability. The Consultant shall not assign any ~nterest in th~s Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior wntten consent of the City thereto XVI. Severability' All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any competent court, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained therein XVII. Resnonsibllltles for Claims and Liabilit3' Approval by the C~ty shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work, nor shall such approval be deemed to be an assumption of such responstbfllty of the City for any defect in any report or other documents prepared by the consultant, its employees, officers, agents and consultants Page 5 "/ S \Our Documents\Contracts\OO\wlkmson_contract2 doc XVIII Modification of Agreement: No wmver or modification of this Agreement or of any covenant, condition, or hmltation hereto contmned shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this agreement, or the rights or obligations of the parties hereunder, unless such waiver or modlficanon ~s In writing, duly executed as aforesaid, and, the parties further agree that the provisions of this section will not be waived as herein set forth XX. Captions' The eapnons of thru Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement XXI. Blndme Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, succes- sors, and assigns where permitted by thru Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused thru Agreement to be executed by ItS duly authorized City Manager and Consultant has executed this Agreement through its duly anthonzed undersigned officer, dated the day of ,2000 CITY OF DENTON BY MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB ER.R~?~ PROUTY/~ITY ATTORNEY l~O~ WILKIN~bN Page EXHIBIT "A" PACE I OF 2 RO~ER N WILKINSON 2201 NORTHLAKE TRAIL DENTON, TEXAS 76201 June 7,2000 Charles E Sears Electric Engineer City of Denton 901-A Texas Street Denton, Texas 76201 Below is a proposal for the City of Denton Electric Transmission Power Line Easement and Sub-Station Site Acc/uisition Project from the F M 2499 T M P A Electric Sub-Station to the City of Denton Electric Sub-Station located at the northwest corner of Bonnie Brae and W Hickory St There are several steps to be considered in acquiring the proposed easements and substation site The major points ere {1) Route and Cost Estimate Study, (2) Boundary Survey, {3) Title Information, (4) Appraisals, (5) Easement Negotiations, (6) Highway Permits, (7) Railroad Permit, (8) Miscellaneous items and (9) Time table ~ Route Study will include the approximate acreage (based on e 60' wide corridor), cost estimate of easements utilizing appraisal district information, appraisal cost, title work cost, survey cost (survey to be performed by a licensed surveyor and include field notes with exhibit from an on ground survey, centerline staking and permanent corner monumentation as needed) Hourly Rate $ 60 00 T0tal Hours x 50 Sub-Total $ 3,000 00 Easement Negotiation~ (Meet with property owners and/or their representative ) Three months from initxal contact for survey permission to finalizing or turning over to legal to condemn Hourly Rate $ 60 00 Max~,,~ hours Per Parcel ~ 40 Total Per Parcel $ 2400 00 Total Parcels 15 X 1S Sub-Total $36,000 00 EXHIBIT "A" Title conunitments~ One (1) month to obtain after completion of survey Boundar~ Survey No time line until quote from survey (estimate 2-3 months) Highway Per~nitsl F M 2449, F M 1515, I H 35 Interchange Railroad Permits B N & S F Railroad Misce11&neous Itemsl Deed research, preparation of various maps, backup material, letters end other related items The hourly rate will he billed monthly for the actual n~er of hours spent on the various phases es itemized above, up to the maximum hours for each parcel Should negotiations with the property owners be unsuccessful after the meximwn hours are utilized, the negotiations will be turned over to the City of Denton Legal to acquire by condemnation Assistance with the condemnation will be billed at the same hourly rate es specified above On Electric Transmission Projects some property o~rners are very difficult to work with due to impact of the facilities on the overall property. The probability of having to condemn is high An exact nu~ber is not known until after contact with each property owner The percentage of condenu~ation may be as low aS 25%-30% or as high as The overall time frame to complete the steps as specified above would be approximately six (6) months (route study/project cost estimate, survey, eppr&isal, title and negotiation) end an overall cost of $39,000 00 to coordinate these past mentioned services and negotiate the easements Please review the enclosed information If you have any questions, telephone me at 940-591-1931 or 940-206-3487 Roger N Wilkinson AGENDA INFORMATION SHEET Agenda No Agenda ]tem~ Date _..___...~ ~ ,r', o AGEND.~ DATE: July 25, 2000 DEPARTMENT:,I Planning Department i~ CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT - ZP-00-002 (Diamond Rldge Estates) Hold a public heanng and consider approving a Zomng Plan, to rezone 3901 Pockrns Page Road from an Pfgnculture (AG) zoning district to a Planned Development (PD) zoning district The 20 1 acre property is generally located on the north s~dc of Pockrus Page Road, east of Interstate 35 East A single family subdivision with open spaces ~s proposed The Planning and Zoning Commission recommends demal (4-2) BACKGROUND The developer is requesting a Planned Devclopmant (PD) zomng district classification for th~s 20 1 acre! property to develop a single family subdivision The property is currently zoned Agriculture (AG) The proposed development will consist of 74 s~ngl¢ family homes, ranging m size fora14,050 square feet to approx~nately one acre (43,560 square feet) and one large open space lot l The open space lot IS over 4 5 acres and will prowde play eqmpment, pass,ye recreational space, picnic area, and space for a community garden The dens~ of this developmem is 3 7 umts per acre, whmh ~s ~n accordance with the densny standards land cntena of the interim development regulations The proj eot ~s allowed additional density by providing more than the minimum required open space, recreational facthtles, and t~ee desl~ elements (See Enclosure 6 of the P&Z repo~ ) A h~ke and b~ke trail extends from the southgast corner to the no.west corner of the s~te A s~x foot brick fence ~s proposed along Poc~s Page Road ~t will include en~ features at the intersections ~ The subject property is located in an Agriculture zomng district when it was annexed on February 7, 1984 by Ordinance 84-17 ~ The ]999-2020 Denton Comprehensive Plan describes this s~te as both a Neighborhood Centc and a Regional Mixed Use Center The Neighborhood Center can contain uses that suppcrt the surrounding neighborhood, such as servme-onented retail and/or professional office~ Provision of open space, such as central neighborhood "greens" and floodpl~un prese~ vatwn, is also encouraged in Neighborhood Centers Neighborhood Centers can also devel, ~ in conventional residential patterns The ! ,eglonal Mixed Use Center designation on the west portion of the s~te is ~ntended to provl~ [e shopping, services, recreation, employment, and institutions that serve an entire regIo] ~ Regional mixed use centers could contain a regional mall, major employers, a large high ,, chool or college, recreation, and high-density housing The n~ajonty of the project area hes w~thIn a Neighborhood Center land use district and is also o~ the edge of the Regional M~xed Use Center d~stnct The Regional M~xed Use Center coverSapprox~mately the western 300 feet of the s~te, ~n an area less than 5 acres, and ~nclud~s the majority of the site's open space and its detention pond The remaining develqpable area ~s not large enough to build a regional mall, major employment center, or a large l~lgh school or college While one-acre lots typtcally are not desirable in a Regional M~xed Use Center desagnatmn, Andrews Corporation, a large industrial facihty to the northwest, has expressed concerns regardmg the placement of residences in their immediate vicim~y In tins case, these two lots serve as a buffer to the remainder of the project's resideCees, m addition to apprommately 40 feet of open space, thereby reducing the number of homes that are close to the ~ndustnal s~te At staff's request, the homes ~n the northeast corne~ (labeled Traditional Area) were relocated in order to preserve a s~gmficant stand of post oak trees Five (5) property owners were notified of the zomng request Four (4) responses have been received, two (2) are m favor, and two (2) are opposed (see Attachment 2) PRIOR ACTION/REVIEW The following ~s a chronology of ZP-00-002, commonly known as Diamond Ridge Estates Application Date - March 15, 2000 DRC Date(s) - March 23, 2000 and May 25, 2000 P&Z Dat~ - June 14, 2000 ESTIM&rfED PROJECT SCHEDULE If tins Zomng Plan ~s approved, the apphcant can submit a ProJeCt Plan The property will still have to be platted prior to any building permits being approved FISCAL ~ INFORMATION Development of flus property will increase the assessed value of the city, county, and school district It will reqmre no short-term pubhc ~mprovements that are the responslbfl~ty of the city P&Z SUGGESTED RECOMMENDATION The Plang~ng and Zomng Comm~ssmn recommended demal (4-2) of th~s zoning request at ~ts June 14, 2000 meeting F~nd~ng tlaat 1 The res~dentml area could be negatively affected by the dust, noise, and hght from the Industnal use in the area, and 2 TlCe one acre s~ngle family lots ~n the Regmnal Mixed Use Center des~gnatmn area on the w~st s~de do not follow the ~ntent of the Denton Plan OPTIONS 1 Approve as submitted 2 Approve w~th ¢ondmons 3 Deny 4 Postpone eons~deratmn 5 Table ~tem Note' The applicant has requested a postponement of their case to the August 15, 2000, City Council meeting ATTACHMENTS 1 Plaunmg and Zoning Commission Report, June 14, 2000, (ZP-00-002) 2 Property Owners' Responses 3 Planning and Zoning Commission minutes from June 14, 2000 4 Draft Ordinance 5 Postponement request of July 18, 2000 ~lly submitted D~rector of Plarunng and Development Prepared by Beth Hudson, Planner I PLANNING AND ZONING COMMISSION AgendaNo Agenda Item / STAFF REPORT Date ~ -/,y-po ATTACHMENT 1 Subject D~amond Ridge Estates Case Number ZP-00-002 Staff Beth Hudson, Planner I Agenda Date June 14, 2000 Hold a public hearing and consider making a recommendation to the C~ty Council concermng the Zoning Plan of 20 1 acres from an Agnculture (A) zomng d~stnct to a Planned Development (PD) zomng d~stnct Single Family res~denbal and an open space lot ~s proposed LOCATION MAP Location It ~s located on the north side of Pockrus Page Road, east of 1-35 East S,ze 20 1 acres Apphcant Al!en Bussell Owner' Housang Jahvam lS6E2NT Corporation RM & KM Development 1 Amanda Court 1452 Halsey Way P0nder, Texas 76259 Carrollton, Texas 75007 Th~s development ~s subject to the requirements and procedures of the ~ntenm development regulations for~res~dent~al development by Ordinance No 2000-046 The Zoning Plan ~s the first step ~n a two-stepl zomng process as required by the aforementioned Ordinance No res~denbal development ~pphcatlon shall be approved until a Zoning Plan has been approved for the land described ~n the application The approved Zoning Plan shall become part of the regulations that govern the development of the subject s~te The developei ~s requesbng a Planned Development (PD) zomng d~stnct classification for th~s 20 1 acre property to develop s~ngle family subd~wslon (See Enclosure 1 ) The property is currently zoned Agnculture (A) (See Enclosure 2) The proposed development w~ll consist of seventy-four s~ngle family homes, Irang~ng in s~ze from 4,050 square feet to approximately one acre (43,560 square feet) and one largeiopen space lot The smaller lots w~ll be accessed from the rear by alleys The open space lot is over4 5 acres and w~ll provide play equipment, passive recreabonal space, p~cmc area, and space for,a community garden A hike and b~ke tra~l extends from the southeast corner to the northwest corr~er of the s~te A s~x foot brick fence ~s proposed along Pockrus Page Road that w~ll ~nclude entry features at the intersecbons I Transportation A Tnp generabon The proposed development would generate approximately 707 tr~ps per day ~f bruit out w~th S~ngle Family resldences (see Table 1 ) Ta~le~..~l Projected Trip Generation Land Uae Average Trip Estimated LotsTotal Tr~p ~ Generation* Generation I I Single-Fam!ly 9 55 trips/du/day 74 lots 707 * Calculat~ens prowded by the Institute of Transportabon Engineers, 1991 B Access~ This development w~ll have access to Pockrus Page Road to the south The development ~s also prowd~ng a stub to the east, prowd~ng a connection w~th future res~denbal development C Road Capacity Pockrus Page Road ~s ~dent~fled as a collector street by the 1998 Denton Mob~hty Plan Th~s street is designed to be a four (4) lane und~wded street w~thout parking, prowd~ng four (4) lanes of through traffic As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 tnps per day Pockrus Page Road ~s currently constructed w~th two (2) lanes w~thout parking No traffic count for Pockrus Page Road has been done recently (See Enclosure 3 ) D Pedestrian Linkages S~dewalks along all pubhc streets are required H~ke and b~ke tra~ls are also being prowded 2 Utlhties An exIsbng 8" water hne runs along Pockrus Page Road to approximately the center of the s~te It w~ll need to be extended to the eastern edge of the s~te and throughout the development A samtary sewer hne extension w~ll be required to serve th~s development 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A prehm~nary drainage study will be required w~th the submission of a prehm~nary plat The study must ~nclude calculations of the 100-year storm for all drainage areas on th~s property and any area that drains towards th~s property The developer must indicate the method by which the run- off w~ll be carried across the property or stored on the property 4 Signs No s~gns have been proposed 5 Off-Street Parking Every home w~ll be reqmred to prowde two (2) off-site parking spaces 6 Landscaping Th~s property w~ll have to comply w~th the Landscape Code, which reqmres fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) In add~bon, the development ~s prowd~ng a common landscaped area w~th h~ke and b~ke tra~ls Both the common area and the h~ke and b~ke tra~ls have been used to ~ncrease overall density, as allowed under the ~ntenm regulations 7 Open Space and Recreational Areas Th~s residential development w~ll be required to participate ~n the development of pubhc recreational areas Through the Park Dedication Ordinance (98-039), th~s development w~ll contnbute to park land dedication and park development fees Dedication requirements are required during the platbng process Park development fees are required pnor to the issuance of building permits 8 L~ghtlng No restncbons on res~denbal development 9 Environmental Quality impacts No s~gnlficant ~mpacts are expected The s~te design has been reconflgured to protect a large stand of post oak trees ~n the southeast corner of the project February 7, 1984 - The subject property was annexed and placed m the Agriculture (A) zoning dlstnct and land use class~flcabon by Ordinance 84-17 (see Enclosure 2) The subject property ~s not platted and would need to be platted prior to any development Not~ce of the zomng request was published ~n the Denton Record-Chromcle on June 3, 2000 F~ve (5) property owners w~thm two hundred feet were ma~led legal nobces and ten (10) residents w~th~n five hundred feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 4) As of th~s wnbng, there have zero (0) responses No neighborhood meebngs have been held The density ot~th~s development ~s 3 7 umts per acre, which ~s ~n accordance w~th the density standards and cr~tena of the ~ntenm development regulabons The project ~s allowed add~t;onal density by prowd~ng more than the mlmmum reqmred open space, recreational facilities, and three design elements (See Enclosure 6) All informabon required for a Zoning Plan has been prowded 1999-2000 Denton Comprehensive Plan Analysis The 1999-2000 Denton Comprehensive Plan descnbes th~s site as both a Neighborhood Center and a Regional M~xed Use Center (See Enclosure 5) Neighborhood Centers are intended to be ~nward- onented res~denbal d~stncts, which focus on the center of the neighborhood These developments should locate ;the center of the neighborhood w~th;n a 5 to 10-m~nute walk from the edge of the neighborhood, The center can contain uses that support the surrounding ne;ghborhood, such as service-oriented retail and/or professional offices Prows~on of open space, such as central neighborhood "greens" and floodplain preservation, ;s also encouraged ~n Neighborhood Centers Neighborhood, Centers can also develop ~n convent;onal residential patterns The Regional !M~xed Use Center designation on the west porbon of the s~te ~s ~ntended to prowde shopping, ser-¢~ces, recreation, employment, and mstltubons that serve an enbre region Regional m~xed use centers could contain a regional mall, major employers, a large high school or college, recreation, and high-density housing Different land uses could be found on different floors of a braiding, also known as vertical ~ntegration The project area lies mostly within a Neighborhood Center land use d~stnct and ~s also on the edge of the Reg~onel M~xed Use Center district The Regional M~xed Use Center covers approximately the western 300 feet of the site, m an area less than 5 acres, and ~ncludes the majority of the s~te's open space and ~ts detention pond The remalmng developable area ~s not large enough to build a regional mall, major employment center, or a large h~gh school or college Wh~le one-acre lots typmally are not desirable ~n the Regional M~xed Use Center district, Andrews Corporation, a large ~ndustnal fac~hty to the northwest, has expressed concerns regarding the placement of residences ~n their ~mmedlate wc~mty In th~s case, these two lots serve as a buffer to the remainder of the project's residences, ~n addition to approximately 40 feet of open space, thereby reducing the number of homes that are close to the ~ndustnal s~te Few residences exist w~thln 500 feet of the proposed development, no compat~b~hty standards or screemng and buffenng are required However, buffenng ~s prowded on three s~des of the s~te, w~th a m~n~mum w~dth of 15 feet Screening ~n the form of a 6 foot brick fence ~s provided on the remaining s~de Also, no Enwmnmentally Sens~twe Area ~s located on th~s s~te At staffs request, the homes ~n the Traditional Area were relocated ~n order to preserve a s~gmf~cant stand of post oak trees Staff recommends approval of ZP-00-002 I move to recommend approval of ZP-00-002 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem, 1 Zomng Plan 2 Zomng Map 3 Denton Mob~hty Plan Map 4 200'-500' Not~fmat~on Map 5 Future Land Use Map 6 Density Calculation Worksheet ~ ~i~ I LIE L J~l ~lD~mondRldgeEstates ENCLOSURE 2 NORTH ZP-00-002 i(Diamond Ridge Estates) ZONING MAP 7 Scale None ENCLOSURE 3. ZP-00-002 (Diamond Ridge Estates) NORTH SITE DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterials Collectors pg 8, Scale None ENCLOSURE 4 NORTH ZP-00-002 ,(Diamond Ridge Estates) An drews Corp ~1~ L,m[t of 500' a Notification 200'-500' NOTICE MAP 9 Scale None ENCLOSURE 5 ZP-00-002 (Diamond Ridge Estates) NORTH lITE FUTURE LAND USE MAP pg ~ 0 Scale None ENCLOSURE6 C~ty of Denton Department of Planmng and Development Density Calculation Worksheet Project Name D~amond R~dge Estates Date June 14, 2000 Base Density 20 1 acres x 3 0 units per acre = 60 3 units ESA transfers none Open,space 2 8 acres needed to achieve maximum density increase of 10% 4 9 acres pmwded 3 0 umts per acre + 10% increase = 3 3 un~ts per acre = 66 3 units Recreational faclht~es The open space lot w~ll provide play equipment, passive recreational space, picnic area, and space for a commumty garden 3 3 units per acre + (10% ~ncrease of 3 0 units per acre) = 3 6 un~ts per acre = 72 4 umts Design features proposed Fences (masonry, 6' high) Landscaped Features Proposed H~ke and B~ke Trail Density ~ncrease of 0 1 un~ts per acre ~s awarded for every throe design features proposed Three features proposed = 0 1 units per acre density Increase 3 6 units per acre + 0 1 umts per acre = 3 7 umts per acre = 74 4 umts Denslty as currently proposed 74 un~ts / 20 1 acres = 3 68 units/acre Pg 11 ATTACHMENT 2 NOTICE OF PUBLIC HEARING ZP-00-002 The Planning~ and Zoning Commission of the City of Denton will hold a public heanng on Wednesday, June 14, 2000, tO consider rezonlng a 20 0 acres located on Pockrus Page Road, easl of 1-35 East, commonly known as 3901 Pockrus Page Road, from an Agriculture zoning district to a Planned Developmentl(PD) zoning district (see map) The property Is legally descnbed as Tract 156 of the (3 Walker Survey. Abstract 1130 In the City of Denton. Denton County, Texas A Single Family residential development and open space are proposed The pubhc hearing will start at 6 00 p m in the City Counc;I Chambers of City Hail located at 215 E McKInney Street. Denton, Texas Because you own property w;thm two hundred (200) feet of tile subject proper(y, the Plannlllg and Zoning Comm;~s;on would I~ke to hear how you feel about th~s zomngchengerequeatendinv~esyoutoettendthepubllcheanng Please, In order for your opinion to be taken ,nto account, return th~s form with your Comments prior to the date of the public heanng (This #7 lid way prohibits you from attending and participating m the public heanng ) You may fax It to the number located at the bottom, mail It to the address below, or drop it off in-person Planning and Development Department 221 N Elm St. Denton, Texas 76201 Affn: Beth Hudson, Planner I The zomng process includes two public headngs designed to provide opportunities for ctbzen involvement and comment Prior to the public heanngs, landowners w~thln t~o hundred (200) feet of the subject property are not;fled of the zoning request by way of this notice The first public hearing ,s held before the Planning and Zoning Commission The Commission is Informed of the percent of responses in Support and in Opposition Second, the zoning pebtion IS forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submll written opposition, then s~x out of seven votes of the City Council are required to approve lhe zoning change These forms are used to oalculate the percentage ~ landowner opposition ~~~eques~t Please clrc leone' Neutral to request Opposed to request Comments: Printed Name--,' :::::~"c~.L.t ~'- Malhflg Address ~.~, State Telephone Number . Physical Address of Property within 200 feet ENToN, TEXA CITY OF: O $ cITY HALt. WEST · DENTON TEXAS 76201 - 940 $49 8350 · (F) 940 349 7707 12 NOTICE OF PUBLIC HEARIN6 ZP-00-002 The Planning land Zoning Comm~s$on of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, June 14, 2000, to consider rezomng a 20 0 acres located on Pockrus Page Road, east of 1-35 East, commonly known as 3901 Pockrus Page Road, from an Agnculture zoning d~stnct to a Planned Development (PD) zoning d~stnct (see map) The property is legally descnbed as Tract 156 of the G Walker Survey, Abstract 1130 in the C~ty of Denton, Denton County, Texas A Single Famdy res~denbal development and open space are proposed The pubhc heanng w~ll start at 6 00 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~th/n two hundred (200) feet of the subject property, the Planning and Zoning Commiss/on would like to hear how you feel about th~s zoning change request and invites you to attend the public heanng Please. ~n order for your op~mon to be taken into account, return th~s form w~th your comments pnor to the date of the pubhc heanng (Th~s /n no way prohibits you from attending and partmtpabng m the public heanng ) You may fax ~t to the number located at the bottom, mail it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn' Beth Hudson, Planner I The zoning process includes two public heanngs designed to prowde opportumbes for c~bzen ~nvolvement and comment Prior to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subject property are nobfied of the zoning request by way of th~s nobce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses ~n ~upport and ~n opposition Second, the zomng pebbon ~s forwarded to the C~ty Council for final acbon Providing the Commms~on recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the s~te submit written oppos~bon, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one. ~r of requ-'~ Neutral to request Opposed to request S~gnature ,-.//.j.x,..,~. ~ Printed Name' ~I ~ ~P-.P-~ ~' '~3r'o"~-~0ut --'~:~-~t Malhng Address ~ I 1 A ~-J"~'/3 (~K Dr'~ 'J c,ty. State Zip A / Telephone Number C~) _ ..~,~. ~-'~/ ~'~ Phys,cal Address of Property w,th,n 200 feet .~ ~)O r~o~. ,~.a~' '~ ~-- CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 . 9403498350 · (F)9403497707 F#ename 13 NORTH ZP-00-002 (Diamond Ridge Estates) Andrews Corp ~ m Limit of 500' . Notification Limit of 20( Notiflcahon 200'-$00' NOTIC£ MAP Scale None 06/~.2/00 ~ON ].7 07 FAX 9403497707 CITY OF DENTON PLANNING [~002 NOT'I::¢E OF PUBL'r¢ HEA Z:N ZP-O0-O02 The Planning ,and Zomng Commlsslon of the C~ty of Denton will hold a publm heanng on Wednesday, June 14, 2000, to consider rezoning a 20,0 acres located on Pockrus Page Road, east of 1-35 East, commonly known as 390t Pockrus Page Road, from an Agriculture zoning d~strict to a Planned Development (PD) zoning d~strmt (see map) The property Is legally described as Tract 158 of the G Walker Survey, Abstract 1130 ~n the City of Denton, Denton County, Texas A Single Family residential development and open space are proposed The public hearing will star[ at § 00 p m ~n the C~ty Council Chambers of City Hall located at 215 E McKInney Street, Denton, Texas Because you own property w/th~n ~wo hundred (200) feet of the subject property, the Planning and Zoning Commission would I~ke to hear how you feel about this zoning change request and Invites you to attend the public hearing Please, in order for your op~nmn to be taken into account, return th~s form with your comments prior to the date of the pubhc hearing (Th;s m no way prohibits you from attending and participating In the public heanng ) You may fax It to the number located at the bottom, ma~l it to the address below, or drop ~t off m-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn' Beth Hudson, Planner I The zoning process includes two public heanngs designed to provide oppor[umt~es for c~flzen involvement and comment Pnor to the public hearings, landowners within two hundred (200) feet of the subject pl'operty are not~fied of the zoning request by way of th~s notice The first public hearing is held before the Planning and Zomng Commission The Commission is Informed of the percent of responses ~n support and In opposition Second, the zoning petition ;s forwarded to the City Council for final acbon providing the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) pement of the land area w~thm two hundred (200) feet of the site submit written opposition, then slx out of seven votes of the C{'cy Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one, . - ., In favor of request Neutral to request ~....~pposed to request~ Comments' S,gnature Pnnted Name ~/~- x c ,./'~,~r ~./ (~ Ualhng Address c~.~o/ /~//-?/l,/'//7~/'~. City. State Zip ~)~'-/JT'rJ ~ 7~7--9 Telephone NUmber'~'c:~5-~O/) oc~<~',/'''' ~.'~' Physical Address of Property within 200 feet CITY OF DENTON. TEXAS C~TY HALL WEST · DENTON, TEXAS 76Z01 · 940 349 8350 · (Fl 940 349 7707 Ptlenarne 06/12/00 EON 17 05 [TX/RX NO 5076] ~002 Andrew Corporation 2701 Mayhlll Road Denton Texas U S A 76208 TEL (940) 891 0965 FAX (940)381 3187 12 June 2000 City of Denton Planning and Development Department Attention Mr Douglas Powell 221 N Elm St Denton, Texas 76201 Re Notice of Pubhc Hearing - ZP-00-002 Dear Mr Powell In response to the Notice of Public Hearing number ZP-00-002 for the consideration of rezonmg a 20 057 acre site from an Agricultural (A) zoning district to a Planned Development zoning district The property under consideration ~s located on Pockrus Page Road in the city of Denton Andrew Corporation owns the properties at 2701 Mayhfll Road and 3781 Pockrus Page Road, both in the city of Denton These properties are adjacent to and w~thin the 200 and 500 foot buffer zones We would also hke to go on record that, as of today, we have not received the legal notice required for those owners of property within the 200 foot zone Andrew Corporation is opposed to the request for re-zoning of the subject property for the following reasons · Andrew Corporation established a manufacturing facility ~n Denton in 1979 and for the past 20 years has operated on a two or three shift basis Due to proximity of the proposed single family development to our property we would anticipate an increase in residents complaints due to the additional lighting we require to conduct our business during the night time hours and general factory nmse generated by the manufacturing and material handling processes · The proposed development would be adjacent to the Andrew Corporauon property and w~th the Increased density of residents we would anticipate security violations to our storage yard, which could result in property damage or personal injury to the trespassers We also have a pond on our property, which may be considered an attraction to children living in the area · The subject development site is situated at a higher elevation than the Andrew Corporation property and therefore if the property were developed with homes and streets the water drainage would tend to flow onto our property resulting in flooding 15 Andrew Corporation 2701 Mayhlll Road Denton Texas U S A 76208 TEL (940) 891 0965 FAX (940) 381 3187 · The proposed remdentml development may ~mpede any future development or use of tho land currently owned by Andrew Corporation Please note that this property was previously requested for SF-7 rezomng ~n May 1999 (Ref Z-99-023) At that ttme Andrew Corporation opposed the appheat~on for the same reasons as stated above The matter was presented to the Planmng and Zoning ConunlSSlon who voted agmnst the zomng change by a 7 to 0 margin The current request for Planned Development zonmg would allow for an even higher density developmem than the previous request I hope that the above concerns are sufficient to demonstrate why Andrew Corporatmn ~s opposed to th~s rezomng appheation and request that the rezomng apphcat~on ~s demed Yours truly, Wflham W Qullm Operations Support Manager - Andrew Corporation cc Jeffery Glttelman - AOP Txm Holland - ACT Rachard Cooper - ACT 16. NOTICE OF PUBLIC HEARIN ZP-00-002 The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, June 14, 2000, to consider rezomng a 20 0 acres located on Pockrus Page Road, east of 1-35 East, commonly known as 3901 Pockrus Page Road, from an Agriculture zoning d~stnct to a Planned Development (PD) zoning dlstnct (see map) The property ~s legally descnbed as Tract 156 of the G Walker Survey, Abstract 1130 in the City of Denton, Denton County, Texas A S~ngle Famdy residential development and open space are proposed The pubhc he,ring wdl start at 6 00 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property wtth~n two hundred (200) feet of the subject property, the Planntng and Zomng Commtsston would Itke to hear how you feel about this zomng change request and Invttes you to attend the publtc heanng Please, ~n order for your op~mon to be taken ~nto account, return th~s form w~th your comments prior to the date of the pubhc heanng (Thts tn no way prohtb~ts you from attending and parbctpattng tn the pubhc heanng ) You may fax ~t to the number located at the bottom, mad ~t to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St, Denton, Texas 76201 Attn Beth Hudson, Planner I The zomng process ~ncludes two pubhc heanngs designed to provide opportumt~es for c~t~zen ~nvolvement and comment Prior to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subject property are not~fied of the zoning request by way of th~s not~ce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses ~n support and in opposition Second, the zomng petition ~s forwarded to the C~ty Councd for final action prowdlng the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the C~ty Councd are required to approve the zonmg change These forms are used to calculate the percentage of landowner opposition Please circle one ~ ed,o__re In favor of request Neutral to request Comments S~gnature ~ Pnnted Name: Madlng Address C~ty, State Z~p Telephone Number ~ ~ ~ ~ 3'~ ~ ' Physical Address of Prope~y w~thm 200 feet ClTY OF DENTON, TEXAS CITY HALLWEST ·DENTON, TE~S 76201 · 9403498350 , (F) 940 ~9 7707 Fllename NORTH ZP-00-002 (Diamond Ridge Estates) An drews Corp ~ w Limit of 500' · Notification Limit of 20( Notiflcahor lggg~ll 200'-500' NOTICE MAP Scale None ATTACHMENT 3 Page 65' I MR R[SHEL Okay Any other questions? lndlcat~l that they would not be ready for tonight and th t 2 MR MORI~NO ! have one 2 they were going to request adthtlonal tlmc 3 MR RISHEL Mr Moreno 3 gotten that request but staff would recommend wc ~ ouki 4 MR MOR£NO Red. Nh my memory, 4 continue th~s public heanng to the July 5th, 2 5 I 9 million? 5 mestlng which would fmah/c 6 MR FORTUNE Mr 6 : elevations and staff t~mc then to 7 don't know if he's ,f hun or 7 I'll be happy to answer 8 BDt 8 VIR RISHEL or a 9 t beheve project is a road 9 10 that runs t 377 You might recall 10 MS we need' the pubhc hearing 11 The the south side of 11 so we can 12 Denton hafact, lf 12 beflne Thankyou %c 13 on your At~nda one c meetings ago It's in that area 13 will o ~ and if them are any commcm~ 14 and it's a road It's road that will run -- it 14 from file audience 13 we'd hkc Itl 15 wdl ahnost be an } 288 on the southwest 15 hear them at this on the pubhc 16 side sense Ponder Road, are you 16 hearing I will Any colmnu~ts ~ 17 familiar with ~ 17 MR Just one It would 18 uh huh 18 be July it we would 19 ALMON okay d go from 19 a continuance to 20 where currently t*rminates at d continue 20 4a MCNEILL Thank you :21 east over to 377 21 MR RISHEL okay 22 MR MORENO okay All right Thank That 22 n and it wdl be continued as to ou 23 14th Okay Any couuu¢ots questions or a mohoa ~ 23 g a bell 24 MR RISHHL Any Other quesUons 24 MS APPLE 111 move that we conunue the 25 And we don't need any act:on on this? 25 public heanng to July 14th Page 66 Page 68 ] MR FOR'rUNE NO, It'S JUSt a public hearing 1 MR MORENO Second 2 tonight, presentation and a public hearing 2 MR RISHEL It's been moved by Ms Apple and 3 MR RISHEL we apprecia~ your presence and 3 seconded by Mr Moreno Any discussion? No d~scuss~on It 4 ~ report 4 you'll vote Yeah I'm sorry We might note that tile ~ MR FORTUNE Thauk you 5 motion cames unannnously on those present and Mr 6 RISHEL ?hank you Being this is a 6 Engelbrecht ~s not present and I have voted in h~s spot and 7 7 we will make our minutes reflect that Just a note for our 8 hke to s at this 8 hstenmg audience Mr Engelbrecht had a previous plan lie 9 tune ; this 9 had notified us when he came m today that he would be 10 pubhc hearing? I0 leaving the meeting early and we appreciate that and l h'~x c 11 questions ~frum this 11 aJsmued Ins posmon tompuranly And I'm sure Mr 12 Moving our A~enda, No 12 Engelbrecht wdl join us at the next meeting So the mouon 13 13 it says continue a consider making a 13 carried unammously with those present 14 recomme~daoon a detailed plan for 14 The next ~tem on our Agenda is Item No 14 15 a Planned i acre plus site ;s 15 whmh is a puhhc heanng also And it says hold a pubhc 16 generally ~located ~ south of Loop 288 16 hearing and consider making a recommendation to C.y Councd 17 and sous The 17 regarding the zoning plan commonly known as 3901 Pockrus 18 proposal ts t And 18 Page Road m an Agrlcultoeal A zoning dismct The 19 our ] 19 20 acre property is located east of Interstat~ 35E and north 20 20 of Pockrus Page Road A single family development sad open 21 21 space is planned And our presenter will be Beth Hudson 22 put together 22 MS HUDSON Thank you ladles and genttemen et 23 proposed 5,000 square foot 23 the Colnmlssion As notext, the alto is east of Interstate 35 24 lot housetl that would go on those My last conversations 24 along Pockrus Page Road The typical zoning in the aria ts 25 with the appl~ant's engmeec, which was the past Thursday, 25- -- Agriculture surrounding most of the stte with the exception PLANNING ~AND ZONING COMMISSION JUNE 14, 2000 Page 65 - Page 68 18 CondanseltTM Page 69 Page 71 I of the Andrews Corp sac which is zoned Light Industrial I north After talking vath Bob Tipner of the Parks 2 The sac at this time as prowded ~n your backup, shows the 2 Department we added a community gardening area some 3 currant configuration And I'll walt untd the camera has a 3 chddren's play apparatus hem, a p~cmc area m th~s open 4 chance to readjust 4 space ~ The open space not only gives a place for those 5 What ~t's showing ~s two one acm homes that 5 things but it also prowdes addmonal buffonng from the 6 wdl be m the east area or the area along the west There 6 mdustrml use, which ~s what, as my understanding was 7 ~s a variety of single famdy homes m the m~ddle There 7 Andrew Corporation's b~g opposition to a project going m 8 would be four 10 000 square foot lots along the east open 8 down there And so we tried to allewato those or take care 9 space at the southeast comer that ~s connected up to the 9 of those problems with that That's about all ! have It 10 de~:ntlon pond and the buffer area along the west The [0 there's any questmns I'll be happy to answer them 11 total res~deatml lots IS 74 with the one open space lot 11 MR RISHEL Any questions9 Anyone else Mr 12 At th~s tnne, I would like to note that m 12 McNedl 13 response to the staff request, they have moved the 13 MR MCNE[LL Yeah, a questmn To your left 14 trathtmnal area homes from the southeast corner further 14 the w~de open space below the park area what ~s that gems 15 north so that the large stand of post oak trees could be 15 to be right there? 16 preserved At th~s t;me I'd also like to note that as has 16 MR BUSSELL These are two one acre estate 17 b~n presented to you receatly that was passed out them 17 lots 18 have been, since the t~me that the staff report was wraten 18 MR MCNEILL one acre estates Okay Thank 19 aoms that have been turned m for not~ces m opposition as 19 you 20 well as nonces in approval of th~s sac What we see here :20 MR BUSSELL Yes, sir 21 ~S the sac The items in the blue are the items or the 21 MR RISHEL Mr Wdhams 22 areas where we have property owners that have turned m 22 MR WtLLI.~dvlS YeS D~d I heard you say that 23 not~ees to us that they are in favor of the zoning The one 23 open space would be nearer the factory? 24 in red ~s the area that is ~n opposition to the site The 24 MR BUSSELL Actually, thli:re's Andrew 25 areas in blue equal about 19 percent The area in thc red 25 Corporation has their company headquarters or their company Page 70 Page ~s 13 pm'cent which ~s less than the 20 percent property up here And they have, from what I understand my wife 2 owncxs that would trigger a super majority for approval 2 used to work there years ago, that's where they warehouse 3 At this time, I wdl let the apphcant give you 3 all their mat.'isis so ~t can become loud when they're 4 addmonal details and I wdl be available af~.r the publlc 4 loading stuff up tutu the manufacturing area, moving metal 5 laxanng to answer any addmonal questions that you have 5 around So Ws qmte a ways away but on a quiet mght I tn 6 Thank you 6 sure you can hear something 7 Ma RISHEL Thank you Would the applicant 7 MR WILLIAMS okay I'm kind of a bottom hue 8 come forward please? Thank you 8 person Is that a yes or a no? 9 MR BUSSELL My name ~s Allen Bussell I work 9 MR BUSSELL It's a yea 10 w~th Surveyors and Engineers of North Texas 1621 Amanda 10 MR WILLIAMS Thank you 11 Court Ponder Texas 76259 I'm here representmg the I1 MR RISHEL Any other queSt;ons of the 12 Marchants who are thc developers on th~s project To give 12 petamner? Thank you Anyone else who would hke to 13 you a httle b~t of h~story, th~s started about two years 13 speak? Excuse me Ms Oourd~e 14 ago And some of you may remember seeing th~s come tlu'ough 14 MS OOURDIE Thank you I do have a question 15 about a year ago or so At that time ~t was zoned strmght i5 On the leaer that the Andrew Corporatmn brought forth as 16 zomng wlth no buffering against the industrial area to the 16 the reasons why they opposed the project, did you get a 17 north It was not reconuneaded by P&Z at that tune so we 17 chance to read through that? 18 reworked:t put the buffermg back m And about the t~me 18 MR BUSSELL No, ma'am I have not seen u 19 we got the plan all done the Comprehensive Plan came ~n and 19 MS OO~JRDIE ts them gmng to be a wall or 20 we had to redo a again 20 anything diwdlng? TMu, o's gems to be a SlX foot fence :s 21 And w~th working wah that using thc 21 that one of the 22 Comprehans~ve Plan we came up w~th some variety of lot 22 MR BUSSELL We're gems to have a masonry wall 23 s~zeS We have quite a bit of open space, a trail 23 on Pock.ms Page I haven't seen the letter so I have no 24 surrounding ~t We thd move as Beth said, we moved the 24 ~dea what's ~n it 25 10,000 square.foot or so lots out of this treed area Io the 25 - -- MS oolamtE t would suggest you read it when PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 69 - Page 72 CondonaoItTM Page 69 Page 7 I I of thc Andrews Corp site which is zoned Light Industrial I north After talking with Bob Tlpner of tho Parks 2 Thc site at this arno, as provided sn your backup, shows th~ :2 Department, we added a conunumty gardening area sonic 3 currant configuration And I'll wait untd the camera has a 3 chddmn's play apparatus hem, a picnic ama in th~s open 4 chance to reac~ust 4 space here Tho open space not only gives a place for those 5 What It's showing Is two one acm homes that 5 things but a also provides additional buff~nng from the 6 will be tn the east area or tho ama along [be west There 6 industrial use, which is what as my understanding was 7 ~s a variety of single-family homes m the middle Tha~ 7 Andrew Corporation's big opposition to a project gmng 8 would be four 10,000 square foot lots along thn east, open 8 down there And so we tried to alleviate those or take car~ 9 space at th~ southeast comer that is connected up to thc 9 of those probl~ns with that That's about all I have It 10 detenuon pond and the buffer area along thn wear The 10 there s any questions, 111 be happy to answer them 11 total residatuial lots Is 74 with th~ one open space lot I l MR RlaHEL Any qoastions'~ Anyone else Mr 12 At this time, I would like to note that, m 12 McNedl 13 response to the staff request, they have moved the 13 MR MCNEILL Yeah, a question To your It. It 14 traditional area homes from tho southeast corner further 14 the wide open space below tho park area what is thai going 15 north so that the large stand of post oak tn:es could be 15 to be right there? 16 preserved At this time, I'd also Ilbe to note that, as has 16 MR BUSSELL TheSe am two oo¢ acre estate. 17 been presented to you recently that was passed out, there 17 lots 18 have been, since tl~ time that tho staff report was wmten, 1 g MR MCNEILL one-acm estates Okay Thank 19 items that have been turned m for notices in opposition, as 19 you :20 well as notices In approval of th~s sit© What we see here 90 MR BUSSI~LL Yes sir 21 ss the site The items m the blue are the items or tha 21 MR RISHEL Mr Williams 22 areas where we hava propert~t owners that have turned m 22 MR WILLIAMS YeS Did I heard you say that 23 noUoas to us that they are m favor of the zomnff Tho one 23 open space would be nearer the factory? 24 m red is the area that is m oppostt~oo to thc site The 24 MR BUaSELL Actually, there's Andrew 25 areas in blue equal about 19 percent Tho area m the red 25 Corporation has their company headquarters or their company Page 70 Page I ts { 3 percent which la leas than the 20 percent property I up here And they have, from what I understand my v, 2 owners that would trigl0:r a super-maJority for appro',al 2 used to work fllere years ago fliat's where they warehouse 3 Ag this Umn, I will let the applicant give you 3 all their materials so it can become loud when they re 4 additional details and I will be available after the public 4 loading stuff up mtn the manufacturing area moving metal 5 heanng to answ~ any addttioual questmns that you have 5 around So ~t's qult~ a ways away but on a quiet night I m 6 Thank you 6 sure you can hear something 7 MR R[$HEL Thank you Would the applicant 7 MR WILLIAMS okay I'm kind of a bottom 8 come forward, please? Thank you 8 person Is that a )es or a no? 9 MR BuSa~LL My name [s Allen Bussell I work 9 MR BUSSELL It'S a yes 10 with Surveyors and Engm~rs of North Texas, 1621 Amanda 10 MR WILLIAMS Thaak you 11 Court Ponder, Texas, 76259 I'm here represeutmg the 11 MR RIaHEL Any other questions of the 12 Marchants who are th~ developers on th~s project To give 12 petitioner? Thank you Anyone else who would hke to 13 you a hills blt of history, this started about two years 13 speak';' Excuse me: Ms near[he 14 ago And some of you may remember seeing this come through 14 MS OOUROIE Thank you I do have a quesuon 15 about a year ago or so At that time it was zoned straight 15 On the letter that the Andrew Corporation brought forth as 16 zoning with no buffenng against the industrial area to the 16 the reasons why they opposed the project did you gel a 17 north It WaS not reconunended by P&Z at that time so we 17 chance to read through that? 15 reworked lt, put the buffermg beck m And about the ume 18 MR BUSS£LL No, ma'am Ihavenotsecna 19 we got thelplan ail dorm, the Comprehensive Plan came in and 19 MS OOURDtI~ ts there going to be a wall or 20 we had to redo it again 20 anything dividing" There's going to be a six-foot fence ts 21 And with working with that, usmg the 21 that oeo of the - 22 Comprebensiva Plan, v~ came up with some variety of lot 22 MR BUSSELL we're going to have a masonry v, all 23 sizes We,have quite a bit of open speco, a a'all 23 on Pecknls Page I haven't seen the letter so I have no 24 surroundlttg it Wa did morn, as Beth said, we moved the 24 :dca what's in it 25 10,000 sqttare,.foot or so lots out of this tseed ama to tbe 25~ -- MS OOURDtE l would suggest you sead it when PLANNING AND ZONING COIVlMISSION JUNE 14, 2000 Page 69 - Page 72 3.9 Cond~nscltTM Page 73 Page 7~ I we get other people coming up here because it docs, there's I density than what st: ? would have allowed We have ,c~ t a 2 a lot of questions I would like to have answers to 2 lener I guess to the Planning Department I hope all et 3 MR BUSSELL It kind of upsets me that they're 3 you have had occasion to look at that Mr Qumn who wrolc 4 In opposnion since we've had meetings with th~n and, 4 that letter has h~ghhghted all the areas where we ha~ c 5 basreally · 5 opposition One of them being tile operations that we ha,,~ 6 MS OoVgoln I understand that I mcan, I just 6 that go on there 24 hours a day We have lighting m our 7 would hk0 to know if you read it and if we could just find 7 storage yards We have lift trucks that move matermN 8 a way to work this out for evex'yone involved And you don't 8 throughout the evening and sometime mto th~ morning hour~ 9 have to do It right now I meaa, tf you'd rather sit down 9 We have had complaints m the past from neighbors bccans~ el 10 and have someone else speak and then come back, that would 10 excessive no~sc And thy. es when that occurs, we try to you 11 be appropriate also 11 know, cut back and change our op~catlons to accotmnodatc 12 MR RISHEL ^ny other questlons? Ifthereara 12 thosecomplamts But we can't guarantee that esp~cmlly 13 no other questions of tho petitioner, Is thc~ anyone else 13 when you have a high density resldentml neighborhood 14 who wouM like to speak m favor of tho plan? Anyone else 14 backing up to your property 15 who woul4d like to speak m favor of the plan? Anyone m 15 We also have a lake on our property which on~ el 16 opposition of the plan? Is there -- please 16 the problems and I not:ced they put a retention pond h~:c 17 MR COOPER oood cvcamg I'm Richard Cooper 17 on th~s site, but there's no guarantee that that wdl 18 I live at 201 Royal Oaks Court and I'm here rapraseotmg 18 control all file water when you have a h~gh density housing 19 Andrew G'orporat~on and we would like to speak in opposluon 19 development w~th a lot of streets and a lot of homes and a 20 to this plan There are several issues that the gentleman 20 lot of high density coverage on these lots There's hkcly 21 mentioned before that I'd like, first of all, to corraet 21 to be stom~ water ruaoff which could come onto our propt~rty 22 They sald~ they'd had mcetmgs with us yes they have, and 22 and we're required by EPA to have storm water runoff 23 at every meeting we have stated our opposition At no time 23 controls which we try to control everything on our p~ operty 24 have we over indicated that we're in favor of any plan that 24 but we can't control th~ngs that come onto the propnrty from 25 would allow residential dovelopmeot on this site 25 off of our property And that's one of our other reasons Page 74 Page 76 1 And I'd bke to put a map up here ~f I can, 1 for our oppos~t~on 2 lhat shows the Andrew property I don't know how well it 2 There's also at tnnes we have dust that s 3 wdl show Up but n's Mghhghted in yellow ther~ Andrew 3 generated due to hft truck tyaffic mowng on the suc Thc 4 Corporanoh has been located here in Denton since 1979 and 4 wind is blowing out of the right direction we have dust 5 wc'm located on a 145 acm site And It's outlined by the 5 blowing towards the neighbors 6 yellow lines there that you may san and I think we hew 6 I guess what th~s all boils down to I know m 7 Andrew Inlcaeh of the trants And we're adjacent to and 7 the past many of you have heard cases where we ye had an 8 just to the north and 1 guess, west of this site We have 8 industry wanting to go ~nto a lrelghborhood and the ire~ghbors 9 over 400 employees that work there and we operate aevan days 9 are up tn anna and they're opposed to tt because they don I 10 a 'n~k 24 hours a day 10 want manufacturing facilities next to their neighborhood l I I know one of the things that tho applicant has 11 Well, ~n this case we're saying let's stop it before it 12 addl~ssed have been buffering Well that was only one 12 happens Let's don't put a neighborhood tn here of 13 ~ssue that ~m~ up re the prior ca~ when th~s was p~seated 13 res~dcaces next to an existing manufacturing site that s 14 to the Coetmissren last May m 1999 At that tnne they were 14 been here for many years when you know what you hav~ l 15 r~questlng $l: ? zoning and I might add that at that tnne it 15 mcan it would be different that ~f we had tlus going m 16 was voted down by the Conm~lss~on by a 7 0 vote I know some 16 here and there was not a manufactorlng site there and yea 17 of you may have be~n on that particular Conumssion and we 17 wanted to relocate there But In this case, we know what we 18 may have now memhere hare also But for the very same 18 have We have a situation where we know people that hwng 19 xeason~ w~ opposed tt at that tm~e we're opposing it 19 tn residential homes are going to be opposed to the kind el 20 tomght 20 conditions that are existing there thc hght~ng all night 21 I noticed one thing on their site plan that was 21 long, you know the noises the dust and those kind el 22 conveniently left out Is the interior lots the plan that 22 things that are generated when you have a manufactth-mg 23 I've se~n t~tom the owner that they showed to us show 23 facility So basically that's thc reason we're opposed 24 interior let~ that m~ less than $ 000 squat~ feet Many of 24 and I'll be glad to eotertam any questions if any of you 2~; them a-~ 4~800,=/~ 900 sqca-ro foot lots so n's even a hl~sar 25~ -- have any that I m~ght be abla to answer PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 73 - Page 76 20 Condonselt m Page 77 Page 70 I MR RISHEL MS Omtrdle I MR COOPER yes, It Is The other thing I want 2 MS GOURDIE Thank you I do wonder since 2 to correct the prevmus speaker smd that we uso this as a 3 this :s the second t~me we've seen y'all come forward I 3 warehousing s~te Approximately 20 percent of our 4 think tho other one was a manufactured housing development 4 fac:lines are warehousing The rest of them are 5 which y'all thdn't want that in this area because of the 5 manufacturing The heaviest maoufactur~ng operatmns wc 6 same reasons 6 have on thls site are tn th~s braiding right here which w~ 7 MR COOPER Last time I behove :t was se 7 7 call our Bmldmg C This is our metal fabrication budding 8 zomng 8 where you've got sawing and cutting and hmmnermg mid 9 MS GOURDIE Th~f~'s also a but it doesn't 9 welding of metals, steel particularly that make up Ilu. 10 matter That's not the point What I m curious is that 10 antennas that we sell We also have a storage yard right 11 th~s site, obwously someone purchased it or eomeoue s got 11 behind that braiding where we've got lift trucks mowag 12 some kind of contract on ~t or money gmng somewhere What 12 materials in and out of that braiding at ali hours of th~ 13 do you do or what do you believe would be the best or the 13 night So it :s not just a warehousing facthty Only a 14 optimum thing to go there9 Just strictly manufacturing and 14 small portmn of tt :s warehouemg We don't hke to 15 then that just becomes 15 warehouse anything We like to make it and ship it ma Ih~ 16 MR COOPER well last year we made some 16 back door so we can continue to make a profit and cootma~ 17 suggestions and ~t's not up to us to tell thorn how they can 17 to employee people here m l~ntoo 18 us© their property but we felt that any type of coimnereial 18 MR MCNEILL Ihavestzldents that workdown 19 development warehousing, dlstnbutmn, hght manufacturing, 19 there So depending upon what happens with your busmt.ss 20 something that's more compatible with our type of use of our 20 those properties, that property right next to this housing 21 mdustrial site would be nmch more favorable 21 development could become an adthtmnal manufacturing 22 MS GOURDIE Are yOU aware of how this futlll~ 22 faclhty 23 land use lnap Is working that qmte aba of your property ~s 23 MR COOPER It possibly could Now I will say 24 surrounded by neighborhood centers? 24 tlus this property right here I think is zoned A~'lcul~lral 25 MR COOPER Yes and I understand that And 25 right now Th~s is all Light Industrial here the bulk of Page 78 Page 1 that came out in the Denton Plan and I'd like to suggest to I it ~s But we would be likely to come back and we would 2 you that maybe in th~s particular case when you're adjoining 2 like to possibly, ~f we decldc we want to expand that 3 an industrial site with res~denual properties I think 3 threctloo ask for Light Industrml If we've got 4 maybe we ha.,e some flaws there that should have been looked 4 residential here, tt's very hkely it would h~nder our 5 at Now I think there s a lot more compatthle uses you 5 request to expand our Light Industrial area 6 know, than smgle-famdy residence, especially h~gh density 6 MR MCNEILL Thank you 7 s~ngle family residence 7 MR RISHEL Any other questions? Thank you 8 You know last year, and I know then: have been 8 Mr Cooper 9 a lot of changes, but I know one of the things we looked at 9 MR COOPER one Other thing I'd like to mentmn 10 was in the Denton Code and there's a stateanent in there that l0 while I m here Last year when we came before the 11 says I think u's in Section 35 123 it addresses 11 Comamsslon we were notified by the staff that we were m 12 conditions and restrict:oas to protect properties from 12 the 200 foot buffer zone and that we owned 20 percent el th~ 13 adverse impacts and compatthdmes And there's about 15 13 property w~thm that zone 14 items hsted tl~',l'e and out of those there's about seven or 14 MR RISHEL [ WaS going to ask a question oa 15 eight of them that fall into the categories I already 15 that 16 suggested to you So I'm just saying I feel this ~s an 16 MR COOPER It's interesting to note that 17 mcorepat~ble zoning adJacent to a manufectur~ng site 17 tonight we're only showing we own 13 percent So semi.where 18 MR RISHEL Mr McNEdl 18 there s obwously a calculation error, either it was last l~} MR MCNE[LL The map you have up there the 19 year or it's tlus year Idon'tknowwhat~t~s Idldn't 20 property that s just north your second Andrew's property 20 ever go back and do the calculations myself But wheo w~ 21 Is that where your lake is your pond? 21 received notice this year we only received the courtesy 22 MR COOPER Yes 22 not:ce for the 500 foot zone Later when we questioned th~s 23 MR MCNEILL okay And so then the property 23 and went back to the staff we were foxed a copy of the 24 just south of that that's potenual cxpansmn property for 24 200-foot notice Still without clear clarification as to I 25 Andrews ~f you can sell more antennas? 25 - -- whether we do have or don't have the first t~me I saw PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 77 - Page 80 CondcnseltTM Page 77 P,t.'e 7~ I MR RISHEL MS ~oUrdl¢ I MR COOPER Yes, It IS The other thing I warn 2 MS OOURDm Thank you I do won~, since 2 to co~t, ~c pmwous sp~k~ smd ~at we usc tNs a5 ~ 3 ~:s ~s ~ s~ond t~mc ~'vc sma y'all come fo~ard, I 3 wa~housmg st~ Approximately 20 p~ccnt of o~ 4 ~mk ~e o~ on~ ~s a manufac~ housing d~clopmmt 4 fac~ht~cs am wa~ousmg ~c ~t of ~ ~ 5 wNch y'all d~dn't want ~at m ~s a~ b~ausc of ~ 5 manufac~ng ~ ~wcst manufac~ng op~at~ons xx 6 same ~sons 6 ha~c on ~ls site a~ m this bmldmg n~t ~ wNch x~ c 7 M~ coo~ea ~ast t~m¢ I bob~e tt was sF * 7 call o~ Braiding C ~ts ~s o~ metal fabncauon bmldm~ 8 zoning 8 wh~ you've got sawing and curing and han~mg md 9 MS~URDI~Th~'salsoa but:td~n't 9 weldmg of metals st~lpa~cularly ~at make up thc 10 mang ~at s not ~ pmnt ~at I'm c~ous ~s ~at 10 antennas flint we sell We also ha~e a storage yard 11 ins sue ob~ musly som~ne p~chas~ ~t or som~n~'s got 11 behind that budding wh~ we've got hft ~cks mox me 12 some kmd of con.act on it or mon~ gmng som~wh~ ~at 12 mat~als m and out of flint braiding at all ho~s of thc 13 do you do or what do you b¢hew would bo ~o b~t or ~e 13 m~t So R ~s not just a warehousing facfliW Onl) ,~ 14 opt~m~ ~mg to ~ ~7 Just strictly manufa~mg and 14 small poruon of ~t ~s warehousing We don t hke to 15 then that just b<omes -- 15 warehouse an~hmg We hke to make ~t and sNp ~t out 16 MR COOPER woll last ~r W~ ~d~ 8om¢ ]6 back door so we can continue lo make a profit and cotnm 17 su~suons and R'S not up to us to tell ~ how ~ can 17 to ~ploy~ p~ple h~ m ~nton 18 use~mr pro~ butwo felt~tany~ofcotmngclal 18 MR MCNEILL ihavesmdents ~at workdogn 19 development, wa~ousmg dtsmbutmn, h~t ~nufac~ng, 19 ~ So d~endmg upon what happens w~ yo~ busm; 20 some~mg ~t's mom eompat:bl~ w~ o~ ~ of use of o~ 20 ~ose prop.*es, that prop~ rt~t next to ~s housing 2 t mdusmal are would be much mom favorablo 21 d~elopm~t could ~ome an additional manufacm~ mg 22 MS ~URDIE ~ you aware of how ~:s fu~ 22 fac~h~ 23 land use map is working fl~at qmte a b~t of yo~ prop~ ~s 23 Ma COOPER It possibly could Now, I wdl 24 s~ounded by net~borh~ centers? 24 ~s tlns prop~ r;~t h~ I think ~s zon~ Ag~cuhural 25 MR COOPE~ Y~, and I und~stand ~at And 25 n~t now TNs ~s all Ll~t Indus~ml h~, ~c bu~ ol Page 78 Page I ~at cam= out m ~e ~nton Plan and I'd hke to su~t to 1 ~t ~s But we would be hkely ~ come hack and we wonld 2 you ~at may~ m ~a pa~euNr case w~n you'~ adjmnmg 2 hke m poss~bly ~f we d~de we want ~ expand that 3 an mdusmaI s~te w~ ~dentml proposes I ~mk 3 d~uon ask for L~ght Industrial If we've got 4 maybe ~e hax e some ~ws th~ that should haw b~n l~k~ 4 ~s~dentml h~ ~t's v~ hkely ~t would Nnd~ our 5 at Nox~ I think ~e's a lot mo~ compatible us~ you 5 ~uest ~ expand o~ L~ght Indusw~al am 6 know ~an amgl~famdy ~s~denc~ esp~mlly h~ dens~ 6 MR MCNEI~L Thank you 7 smgl~-f~ly ~s~d~ne~ 7 MR RISHEL Any O~ questions9 ~ank )ou 8 You know, last y~r, and I know ~ haw b~n 8 ~ 9 a lot of chan~, bat I know one of ~ ~mgs ~ look~ at 9 MR C~ one oth~ ~ng l'd hke ~ mention 10 was m ~e ~nton ~e and ~'s a statm~t m ~ ~at 10 wNle I m h~ Last y~r when we cam~ b~fo~ ~ l I says I think R'a m S~t~oa 35-123 ~t ad~s~ 11 Conm~ssmn we ~ not~fi~ by ~e staff ~at we w~r~ 12 eondmons and ~stnct~ons to prot~t prop~ from 12 ~e 200 foot buff~ zone and ~at we own~ 20 p~c~m ot 13 ad~s~ ~pac~ and compat~bfl~t~ And ~'~ about 15 13 prop~ w~m ~mt zone 14 It~S ~151~ ~ and out of ~ose ~'s about s~ or 14 MR R[SHEL 1 was going m ask a question on 15 e~t of ~mn ~at fall into ~a cat~on~ I a~dy 15 16 su~est~ ~ ~ou So I'm just saying I f~l ~s Is an 16 MR C~PER n's mt~stmg to note ~at 17 mcompanble zomng adjacent to a manufac~mg s~le 17 tom~t we'~ only showing we o~n 13 p~cent So somcxO ] 8 MR RISHEL Mr McNmll 18 thee s ob~ musly a calculation ~or, m~ ~t was last 19 MRM~EiLL The map you haw up ~ th~ 19 y~orRs~sy~r Idon'tknowwhat~t~s Idldot 20 prop~ ~at's just no~, yo~ s~ond Ann's pro~, 20 ev~ go back and do the calcuNtmns myself But whtn ~t 21 ~ ~at w~ yo~ ~k~ ~s, yo~ pond? 21 ~mv~ nonce ~s y~r, we only ~mv~ ~e 22 ~ coop~ Y~ 22 not~c~ for ~e 500 f~t zone Lat~ when wa qu~t~on~ ti~ 23 Ma M~l~t okay And so ~ ~ pro~ 23 and ~nt back ~ ~e stuff, we w~ fax~ a copy of the 24 just south of ~at, ~at's point,al expansion p~p~ for 24 200-f~t not,ce Still w~out cl~r clanfiea~on as to 25 An~s ff y~ can sell mo~ an~nnas9 25 - - whe~ we do ~ve or don't have -- ~e f~st ~e I saw PLA~G A~ ZO~O CO~S~ION ~ 14, 2000 Page 77 - Page 80 2~ CondenseItTM Page 81 Page §~ ' I tins 13 pereent was tonight when it was shown on thc screen 1 more than one acre residential to, evidently, very small 2 MR RISHEL ! think we're going to ask Ms 2 lots And I don't know how that works on such a small 3 Hudson to clarify that for us 3 location and that docs concern me And after haarmg Ibc 4 MR COOPER okay 4 mthvldual speaking for Andrews Corporation, I bchc,,~, he 5 MR RISHEL Any other quesOons? 5 had very vahd reinarks and I would also concur on 6 MR WILLIAMS Let mo ask about your lighting 6 remarks Thank you 7 MR COOPER SUre: 7 MR R[SHEL Thank you Mr Walker 8 MR WILLIAMS what typo of lighting do you 8 Mn WALKER DO~S anybody have any qucsuons ~ 9 hose') 9 MR RISHEL Mr McNedl l0 MR COOPER We have high pressure sodium l0 MR MCNEILL SO your letter, that's not part el 11 hghung a combination of high pressure sodium and metal 11 the calculation that she's received? 12 halide hghtmg which is an orange-yellow hght You've 12 MR WALKER NO, sir I just received this 13 probablyseeottfromthehtghway Isyou'regomgdown 13 today I've bcen out of town 14 1-35 at night, there's an urange glow back tn that 14 MR MCNEILL SO that further raises, even ~f 15 d~rectton, the san~ kind of lighting that you have out here 15 it's not 13 percent, we're up above 13 percent now 16 at Safety-Kleen And I think probably you find people are 16 MR WALKER I suspect 17 gomgtoobjecttothlstypoofhghtmgshmmgmthetr 17 MR MCNEILL Yeah youdon't knowthat 18 hackyard all night long But we have to have this type of 1 g MR WALKEIL 1 have quite a bit of property 19 lighting tolcentrol seounty m our storage yards and our 19 adjacent to that 20 buildings I hope I thdn't overdo that 20 Ma MCNEILL Thank you 21 MS WILLIAMS [Just wanted to know beoause we 21 MR RISHEL Mr Walker we have some other 22 hate had complaints tn regards to service stations with 22 questions 23 hghts and with a manufacturing company, I thought tt would 23 MR WALKER oh excuse me 24 probably be more But since you work there, you should know 24 Mil RISHEL MS Apple 25 better thar~ me 25 MS APPLE HOW IS your land zoned currently') Page 82 Page 84 I MR COOPER Right 1 MR WALKER Ibeheve it's zoned A4~ncultural 2 MR RISHEL okay Any other quesuons? Thank 2 use 3 you Mr Cooper Is there anyone elsa who is m opposition 3 MS APPLE DO yOU have any plans for tt or hate 4 to this proposal? Please state your name and address 4 you thought about what you'd like to sec on your 5 MR '~SALKER My name is John Walker I own the 5 MR WALKER 1 haven't come to that conclusion 6 propert} approximately 25 acm that's just south of this 6 yet No ma'am 7 propert~ on the other side of Pock, ms Page Road I hve at 7 MS APPLE Thank you 8 3509 Northwest 69th Street tn Oklahoma City 8 MU RISHEL MS Oourdle 9 MR llISHEL could we bnng up the docu cam and 9 MS OOURDIE what speotftcally are you opposexl 10 has e you point out, once again where your property would be 10 lev Since I have to toil you that your property ts in a 11 looated~ Thank you 11 neighborhood center zoning district also which means that 12 MR ~', ALKER The property that I own would be 12 you are susceptible, so to speak, to the same homes and 13 here 13 things of that sort, so to speak 14 MR RISEEL Thank you 14 MR WALKER well, there's a fe~' thmgs that 15 MR ~s ALKER First of all I'd hkn to say that 15 concern me just having bought the property And eec ts thc 16 unfortunately I just got this notice I've been out of town 16 conflict file mthvtdual from Andrews spoke about and that 17 and the cea'tiffed mail wasn't able to reach me until just 17 :s some of this canter zomng that you're talking about 18 today, I Was a blt concerned not knowing what was 18 compared with the ex,sting mdustnal user that Andrev, s is 19 happening The only description hem is it's sloglo family 19 And I've know that they've been In that location an 20 residential development and open spaces are proposed It 20 extremely long time and seem to have prospered as an ~1 was hard to make a detcrmmatien whether I would be -- 21 industrial location and as a manufacture of good produc[s 22 appro',e or neutral or in opposition until I camo tomght 22 And it never seamed to qmte conform so It's been ddhcoh 23 And I v, as concerned in the presentation, particularly about 23 to come to any conclusions as to what the area should be 24 the x arymg kinds of residential uses I saw in a small ~ract 24 And then the thing that happened most rccentl~ 25 of 20 acres I~aw everythmg I think, from one-acre or 25 - --that still confused me more and seemed to make it seam more PLANNING AND ZONING COMMISSION .IUNE 14, 2000 22. Page 81 - Page 84 Condons~ItTM Page 85 Page 87 I industrial would be the fact that Pockrus Page Road was I lots than we did In the first submltlal with the straight 2 essentially closed with the -- to go back to the east where 2 sv ? zoning Any quesUons9 I'm done 3 they -- I forget the name of the new subdivision that's 3 MR RISHEL Any question of the pettuoner9 4 being bmlt just east of us but it s a large tesldenual 4 MR WILLIAMS YeS If this plan is approved 5 The Preserve And ewdendy they closed Pockrus Page Road 5 how would you buffer thc noise? 6 as ~t would take you over to Swisher so you could get hack 6 MR BUSSELL well, you can only buffer nmse 7 to the mira'state hxghway somehow And so essentially 7 with space I mean you can put trees up there but tre~s 8 you've kind of become a dead-end area where access~blhty ~s 8 aren't going to really stop that much noise especially 9 not wbat it once was And so I m k~nd of scratching my head 9 metalhc h~gh pitched noises You can put a wall up It s 10 right now what it should be and I just - I think the 10 not going to do anything either I mean you put as much 11 gentleman from Andrews made the most sense of anything I've I 1 apace as you can between that land use and the one you ha,,e 12 heard Thank you 12 And that's what I behave I've done 13 MS GOURDIE what you might want to do the form !3 MR RISHEL Any Other questions of Mr Bu~sdl9 14 that you had the certified form Is to fdl ~t out and g~ve 14 Thank you, Mr Bussell 15 ~t to Ms Hudsou so she can put it into the calculauons 15 MR BUS,SELL Thank you 16 MR WALKER okay Good I didn't know what to 16 MR RISHEL Are thcr~ any comments from staff ~ 17 do That's what I was gomg to ask Thankyou 17 MS HUDSON YeS In regards to the pnor 18 MR RISHEL Yes If you'd pass that on t~ Ms 18 notification this Is tho prior notice that was sent out 19 Hudson right behind you Any other question of Mr Walker9 19 last t~me the case was In And what you do see is a 20 MR WALKER Thank yOU 20 different 200-foot buffer What I did when ! found tins out 21 MR RISHEL Seeing OO other questions of Mr 21 was I went back and pulled the abstract maps and measurext 22 Walker ~s there anyone else? Thank you, Mr Walker Is 22 the distance between the site and what the prior case 23 there anyone else that is opposed to this proposal? Anyone 23 manager had done 24 else opposed to this proposal? There's no one else opposed 24 MR RtSHEL nad why d~d that vary? 25 to this proposal the public hearing Is closed other than 25 MS HUDSON This Is the site right here This Page 86 Page 1 staff comments and quesHons I dimension ~s not going to be legible on the document cam but 2 MS GOURD[E IS thece not a rebuual from 2 I can pass it around to the Columlssloners if you would like 3 the 3 to see This measurement Is 237 8 feet which removes 4 MR RISI-IEL EXCUSe me We'll go back to our 4 additional Andrew's property out of that 200 foot buffer 5 rebuttal from our presenter 5 which means that the prior case manager had over notified 6 MR nUSSELL Thank you The one thing we've 6 And that's why the maps look different It was labeled the 7 been trying to do through this whole thing is conform to thc 7 same but it ~s actually a d~fferent dimension Thc 8 plan Denton had and I've bent over backwards trying to 8 ~nforomt~on that the els system, which is our geograplnc 9 conform to that Comprehensive Land Use Plan Larry knows 9 mfonnauon system where we typically pull our property l0 fins We've worked for a long ume on tlus And I don t 10 owner notificaUon from, dces not have any Information lor 11 know what to do I m at a dead-end We can t conform with 11 th~s site The Information is there through other measures 12 the ex,sting use and I understand what you're saying 12 that, based on the training I received, sald not to worry 13 completely On the other hand if we comply w~th the 13 about it Obviously, I will be correct~ng that policy m 14 existing use then we can't comply with the Denton Plan So 14 the future 15 now we re stuck So what do we do9 Andso youknow I 15 Thenoaces for thecertlEedle~erswere 16 buffer what I can use the land as well as I can and go 16 mailed on May 31 st which was actually a day or two earher t 7 with it 17 than they needed to go out The first time that I had 18 The varying lot sizes s~r are in the 18 received word that the Andrews Curporat~on did not receive 19 Comprehensive Land Use Plan and that's why I varied the lot 19 their 200 foot notice was Monday, which means that they had 20 sizes That's one of the ~ssues there The drainage, Cnzg 20 almost two week's time that they could have contacted me 21 Edwards looked at the drainage, our engineer, and we've 21 MR RtSHEL And the safeguard is that they 22 worked :t with Dale Hoeltlng And Dale Hoeltmg has looked 22 were in fact, not w~thta the 200 foot so they did recel,,c 23 over the Zoning Plan and we've addressed the drainage 23 courtesy not,ce In the 500 foot relief 24 issues The overall density of the alto ~s pretty much what 24 MS HUDSON That Is correct And on the ~5 straight ag zoning would be In fact I think we have less 25 ' - 500 foot notice letter It does say ff you are a property PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 85 - Page 88 CondcnscltTM Page 85 P,t,;c I industrial, would bc thc fact that Pockrus Pagc Road was I lots than wc thd in thc first subnRttal with thc strmght 2 esscntially closed with thc -- to go back to thc east wharc 2 si: 7 zoning Any questions? I'm done 3 they I forget the name of the new subdivision that's 3 MR RISHEL Any qucstlon of thc petitioner'} 4 being built lust east of us but It's a large residcntml -- 4 MR WmLtAMS Yes If this plan Is approved $ The PreserVe And evidently, they closed Pockrus Page Road 5 how would you buffer thc noise? 6 as it would, take you over to Swisher so you could get back 6 sar BUS.SELL well you can only buffer 7 to thc interstate highway somehow And so, essentially 7 with space I mean, you can put trees up there but trc,.s 8 you've kind of become a dead-end area where acccasibthty ]s 8 aren't going to really stop that much noise espcciall:, 9 not what u once was And so I'm kind of scratching my head 9 mctalhc h~gh p~tched nmscs You can put a wall up It 10 right now what it should bo and I just -- I think the 10 not going to do anything either I mcan you put as much 11 gentleman from Andrews made thc most scnsa of anything I've 11 space as you can between that land use and thc one l, ou h 12 heard Tl~nk you 12 And that's what I behove I've done 13 MS oouaotl:, what you might waot to do thc form 13 Ma atSREL Any othcr questions of Mr Busscl[ 14 that you had the ccrtlfied form is to fill a out and give 14 Thank you, Mx Bussell 15 it to Ms Hudson so she can put i in o thc calculations 15 MR OUSaELL Thank you 16 Ma WALKBR okay Deed I didn't know what to 16 MR RISH£L ~ thcre any coimncnts from stall 17 do That's what l was gomg to ask Thankyou 17 MSHUDSON' Yes Inrcgardstotbopnor 18 MIL RISHEL Yes if you'd pass that on to Ms 18 notification th~s is the prior notice that was sent out 19 Hudson right behind you Any other question of Mr Walker? t 9 last tm~c the case was in And what you do scs is a 20 MR WALKF. R Thank you 20 different 200-foot buffer What I &d whan I found th~s out 21 MR RISHEL seeing no other questions of Mr 21 was I wcot back and pulled thc abstract maps and 22 Walker, is ~hcrc anyone else'~ Thank you, Mr Walker Is 22 the dlstanoc between thc site and what thc poor case 23 there anyone else that is opposed to this proposal? Anyone 23 manager had done 24 else opposed to this proposal? There's no one clsc opposed 24 MR RtSHEL And why did that vary? 25 to this proposal, thc pubhc heanng is closed, other than 25 MS HUDSON This IS tho SIte right hesc Th~s Page 86 Page 1 staff comments and questions I dimension is not going to be legible on thc document cam but 2 MS (3OURD[E ts thcl~ not a rebuttal from 2 I can pass ~t around to thc Commissioners ff you would hk~ 3 the 3 to see This mcasm.cment is 237 8 feet which removes 4 MR atSHEL I:-XCUSe me We'll go back to our 4 addiuonal Andrcw's propcrty out of that 200-foot buffer 5 rebuttal from our presenter 5 which means that thc prior case manager had over-hold]id 6 Ma I~USS~LL Thank you The one thing we've 6 And that s why thc maps look dlffcrent It was labeled thc 7 been trying to do through this whole thru8 is conform to the 7 same but u is actually a diffcrcnt dlmcnsion Thc 8 plan Denton had and I'vc bent over backwards trying to 8 mfonnat~on that thc als systtnn which is om' gcographtc 9 conform tel that Comprchensix e Land Use Plan Larry knows 9 mfonnatmn systcm where ge typically pull om' prop~.q'tx 10 ~s Wcve worked for n ong time on this And I don't l0 owner notification from docs not havc any mformauoa lor 11 know whatI to do I'm at a dead-cod Wc can't conform with 11 this site Thc information is thcm through other measures 12 the existing usc and I understand what you're saying 12 that based on thc training I reccivcd, said not to word 13 complctcly, On the other hand if w~ comply with thc 13 about it Obwoasly I will bo correcting that policy m 14 cx~stmg usC, thcn we can t comply with thc Denton Plan So 14 thc futurc 15 now wc'rc stock So what do wc do9 And so, you know I 15 Thc ootlocs for thc ccmfied leuers wcm 16 buffer what I can, use thc land as nell ns I can, and go 16 mallcd on May 31st which was antoally a day or two earlier 17 with a 17 than thcy needed to go out Thc first tlmc that I had 18 TI~c varying lot stzcs sir, are in thc 18 rccclvcd word tlmt tbo Andrews Corporation thd not 19 Comprehensive Land Use Plan and that's why I vaned the lot 19 their 200-foot notion was Monday, which means that thc) had 20 sizes 'l~oat's one of the lssucs thcrc Thc drainage, ~ 20 almost two week's umc that they could havc contacted :21 Edwards looked at the drainage, om' engmccr, and we'vc 21 MR mSHEL And the safcguard is that thcy 22 worked it with Dale Hoaltmg And Dalc Hooltmg has looked 22 werc m fact not within the 200 foot so they did rece~ e 23 over thc Zoning Plan and we'se add~ssed tho drainage :23 courtesy noocc in the 500-foot rchcf I 24 Issues Tbo overall density of the sitc is pretty much what 24 Ms HUDSON That is cermet And on thc I 25 sli'aights~?.onmgwouldbo Infact, Ifl~nkwohavclcss 25 ~ --500 footnoticclct~er, it does say lf you am a property I AND ZONING COMMISSION JUNE 14, 2000 23 Page 85 - Page 88 PLANNING CondenseltTM Page 89 Page 9 I'- I owner within 200 feet and you did not get a c~'tafied I that s ~n the regional mixed use center, open space ~s 2 letter, please contact us and v~ will s~nd you one 2 cmmted as a use that you would like to have in the regional 3 MR RISHEL And th~ did at that pomt in ttme 3 mixed-use center The two one-acre sites while not ~n th~ 4 and you fax~l ~ their not,ce 4 high density housing that we would typically like to sc~ in 5 MB HUDSON That ls correct 5 a regional mixed use center do~s give additional buftermg 6 MR RISHEL Thank you Any other questions of 6 from the industrial uses and we felt that it was an 7 staff? Mr McNedl 7 acceptable compromise to meld the ldenls of the Denlo~l 8 MR MCNEILL PUt your drawing back up there, 8 Comprehensive Plan m w~th the real life sitoat~on that x~. 9 please I'm coofuslxt because if I look at what's in our 9 have been presented at this time where it's on the edgt. et 10 backup hare on page 9 the 200-foot and tho 500-foot 10 the boundary in between tha mixed-use center and th~ 11 drawing tho And~--ws Corporatten and mayb~ that's what you 11 netghborhood center 12 w~re saying about you misread the els but they're within 12 MR MORENO SO is tha effect that we st~ll hax ~ 13 200 feet 13 an SF 7 proposal before us amnedmtely adjacent to a 14 MS HUDSON That is correct However, the 14 mixed use center? 15 pr~or '- 15 MS HUDSON We understand that that's the way l 6 MR MCNEILL I~cause thay own that piece right 16 the Comprehensive Plan ~s set up We understand that ~1 ~ 17 north of the properly 17 not a perfect world and you do what you can to butler al~t~g 18 MS HUDSON 'i'hat IS ¢orl'g~t The prior case 18 the edges And I believe the determination has been mad~ bl, 19 manager at that tune Tract 159 was also own~ by the 19 the one of the main authors of the Denton Compreh~.ns~on 20 And~ws Corporation and tha larger buffer clipped this area 20 Plan Nancy McBeth, that that would be an acceptabl~ 21 and bumplgt a into the 20 percent super-majority rule 21 compromise I think at this time Larry Relehhart has 22 MR MC'N~ILL okay 22 adthtional Information that he would hke to share with thc 23 MS HUDSON when you m~asthr~ accurately the 23 Commiss~on 24 :200 foot buffer, it does not bump that property 24 MR REICHHART Regardless that ~f the dens~ty 25 MR MCNEILL BUt now that W~ have this other 25 equates to an SF 7 the Zoning Plan isn't strictly a dens,t) Page 90 Page 92 I p~ece I question The interim regulations are intended to look at 2 MB HUDSON [ WIIl have to go back and 2 land use and then increase the density based on amemt~es 3 recalculate tho opposition 3 associated with the d~velopment wh~ther it's the des~gt~ 4 MR MC'NEILL [ understand that But w~ were at 4 elen~ents that are identdted in the backup addit~onal open 5 13 percent until the gentleman from Oklahoma City made his 5 space the h~kmg trails and such like that The real 6 opposition, 6 question that has to be answered is does this proposal 7 MS HUDSON Right At that time, currently 7 conform with the Comprehans~ve Plan at th~s t~rne'~ And our 8 r~ght now 1 do not ha~e the square footage of how much of 8 analysis mthcatas that it does And saying SF 7 or whal 9 his prep~-n'gy is included in that 9 the density is is more of a function of those additional 10 MS MCNHILL I understand But that's 10 design elements as we go into project plan review and v, hat 11 obviously gumg to raise it som~'~vhat The question is will 11 is the exact layout of th~s development going to be 12 it raise ~t seven percent 12 MR MORENO Thanks 13 MS HUDSON I am uot sore at this time [ wdl 13 MR RISHEL Wa have some other questions also 14 have to -- 14 but 1 presume that somenoe on staff is working on 15 MR MCNE[LL NOW when you send out these 15 detertmnmg whether the 20 percent rule fits m haze wxth 16 notices for 200 feet, that's 200 feet from the edge of the 16 regard to file additional information we've b~en given from 17 property, not from the center of the property 17 Mr Walker Is that correct? 18 MS HUDSON That s correct 18 MS HUDSON I will be looking at that temon o~ 19 MR MCNE[LL Yes Okay Thank you 19 mormng when we get back to - 20 MR RISHEL Mi' Moreno 20 MR REICHHART We have a computer program that 21 MS MOP, ENO Yes Under our definition of 21 calculates that information I would venRu,e a guess that 22 regional use, mixed-use center, it allows for high density 22 we'll be over 20 percent opposition I mean just by 23 housing Is this considered high density housing.'? 23 looking at that 24 MS HUDSON It IS not However, the ~tioo 24 MR RISHEL [t looks like it to me 25 pond that tak~l.up approxunately two-~rds of tho site 25 -- -- MR REICHHART That really doesn't come into PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 89 - Page 92 24 Cond~nseltTM Page 93 Page I play for the Planning and Zoning Conumsslon By the t~me we 1 Corporation9 Wouldn't that be a developer's situat~on 2 get to City Councd d tilts goes forward we'll have that 2 guess I'm just trying to address file issues because I 3 number 3 understand what's happening from a personal perspect~,~, ant' 4 MR RISHEL Right Wc still have some 4 so there's all these questions that I feel need to be 5 questions from Ms Oourthc 5 answered 6 MS OOURDIE Thank you I guess what I'm 6 MS HUDSON Right One of thc things that 7 concerned about ~a ~s there any kind of fencing that you 7 certainly is incumbent upon a new property owner wh~.n they 8 know el around the Andrew Corporation a southern border or 8 purchase property in th~s area ~s to look at the surrounding 9 the border that would be up against this property9 9 area and see If they are comfortable with it Given thc l0 MS HUDSON The apphcant has not proposed any 10 fact that Andrews Corporation has essentially develop,.xt 11 MS GOURDtE DO yon know ff there's any 11 first the property owners who buy the properly buy 12 ex,sting'7 It is just an open area9 12 property with the understanding that Andrews Corporal:on ~s 13 MR REtCHHART [ behove it's fenced 13 not leaving anytime soon And it ~s the potentml buy,.r s 14 MS GOURDIE tt is fenced? 14 responsibility to investigate those potential ~ssues at that 15 MR COOPER There's a chain hnk fence 15 time and detenmne if they are comfortable with ~t 16 MS OOURDIF chain link fence 16 MS OOURDIE All right Thank you 17 MR COOPER Along the south border of our 17 MR REICHHART I have another response if I 18 property 18 may, to one of her to one of the Cormmssioners 19 MS GOURDIE And the other question ;s:s that 19 Regarding tho expansion future expansmn of Andrews Corp 20 it s -- we are not permuted or actually you're not 20 right now this property ~s zoned Agricultural which ~s 21 permitted to develop a s~te that wdl create more drmnage 21 considered a resldentml zoning thstnct And any expansion 22 slmaUons on an ex~stmg site is that correct'~ 22 that they would propose would be double-edged also They 23 MS UUOSON That's correct 23 would be in compliance with tho Comprehensive Plan being m 24 MS OOURDIE That's a wolation So what they 24 a regional m~xed use area but there would be, ~n tn), 25 ha~ e to do wdl have to be wah~n a standard that may not 25 opinion, ~f this were to stay Agricultural buffering Page 94 Page put any more water on the property than already happens to I reqmrements because it ~s a residentially zoned property 2 exist pre development 2 MS OOURDIE SO ! guess what I'm concerned then 3 MS HUDSON That ~S correct and that ~s one of 3 ~s that we've got, even though I know we've got a property 4 the reasons why the drainage engineer comes to the 4 that's got -- a i'D right now that's got Light Industrml up 5 Development Review Colurmttoe to address the drainage issues 5 against res~dentml we have that happening It's going to 6 and to ensure that adtht~onal drainage will not be caused to 6 happen I guess my concern is how did we put these such 7 off site projects 7 a heavy use so I believe, up against such a hght use w hul 8 MS GOURDIE And being that there s also a 8 we designed the Comprehensive Plan I'm also concerned that 9 coimnent that the proposed rosident~al development nnpede any 9 I don't think th~s whole regional nnxed-use center is all et 10 future development use of the land owned by Andrew [0 the Andrew Corp property Maybe part of it was m~ssed I m 11 Corporation Part of their land is in the regional 11 not really sum because of the way ~t was that hule 12 mixed-use centers whmh means that Light Industrial is an 12 piece of property changed things and I don't know ~1 that's 13 optimal usc at that moment in tune So ~s that really 13 really you know right on the right marks for Andrex~ Corps 14 something that they should be concerned about9 14 property lines 15 MS HUDSON AS any property owner, they are 15 So that's where my concern ~s is that are wc 16 concerned about thc potential impacts of their property 16 creating another by abutong two -- a heavy usc with a 17 That is their opinion What will happen whenever they 17 light use, and that's what I'm kind of seeing how did we end 18 decide to come forward we would have to see what sort of 18 up doing that? And I guess that's just a questmn that s 19 neighborhood oppostuon came up at that time As you have 19 now about let bygones be bygones, but I think we've got some 20 pointed out L~ght Industrlal centers, as would be an 20 things to look at m tho future 21 Andrew's expansion ~s one of the things that we are looking 21 MR RISHEL Mr McNelll 22 for in the regional m~xed-use center 22 MR MCNEILL YeS I ltgtl~ with the gentleman 23 MS OOURDm And as for complaints, being that 23 from Andrews Corporataon It looks to me hke we made a 24 t~ are coming in after the fact, ~s there really a 24 grievous error when in the Comprehensive Plan when we smd 25 complaint issu~that can be sent forth to the Andrews 25 ' --this Is regional mixed-use center I mean that's obwously PLANN1N(} AND ZONING COMMISSION JUNE 14, 2000 Page 93 - Page 96 CondenseltTM Page 93! ?~e 9~ 1 play for the Planmn8 and Zoning Commission By the t~mo v~ I Curporatlon? Wouldn t that baa dcvaloper S saualloll 2 get to City Council, if flus goes forward, v,'~ Il have that 2 guess I'm just trying to address thc issues because I 3 number 3 understand what s happening from a personal persp~.ct~x c ,m,~ / 4 MR. RISHEL Right Wc still have some 4 so there's all these quest~ous that I feal head to be 5 questions from Ms Oourdga 5 answered 6 MS (IOURDIE, Thank you I guess what I'm 6 MS HUDSON Right One of the things thru 7 concerned about is is there any kind of fencing that you 7 certainly is incumbent upon a new property owner ~ h~.n 8 know of around tha Anch'c~v Corporation's southern border or 8 purchase property in this area is to look at the surronnd,~. 9 thc border that would be up against this propcrty'~ 9 area and sca ii' they are comfortable w~th it Or, cn thL l0 MS HUDSON The apphcant has not proposed any 10 fact that Andrews CorporaDon has essentially de,,clop,.d 11 MS DOURDIE DO yOU know If these's any 11 first, the property owners who buy the property bn} tl~,. 12 existing? It Is Just an open area'~ 12 prope'ay with the understanding that And~'nvs Corpor m,,~ 13 MR RE[CHHART ! believe it's fenced ! 3 not leawng anla~me soon And it is the potential bux~.~ ~ 14 Ms OOURDIE It IS fenced? 14 responsibility to investigate those potential Issues al th n 15 MR COOPER There's a chain link fence 15 t~me and dctenmne if they are comfortable vath it 16 MS C-OUi;tOIE chain link fence 16 MS ~OURDIE All right Thank you 17 MR COOPER Along the south border of our 17 MR RE[CHH.aRT [ ha'~e another response ~! [ 18 property 18 may toooeofher - to ooe of the Commissioners 19 MS OOURDIE And the oth~ question Is ~s that 19 Regarding tbe expansion fut~u'e expansion of Andr~.~ ~ L o, 20 it s -- v,e are not penmtled or, actually, you're not 20 right now th~s property is zoned Agricultural which ~ 21 permitted to develop a site that will create more drainage 21 considered a res~dential zoning district And any 22 slmaDons on an existing s~te, is that correet'~ 22 that they would propose would be double-edged also Thcx 23 MS HUDSON That's corr~t 23 would be in compliance with the Comprehensive Plan bcttl.t. 24 MS OOURDIE That's a violation So what they 24 a regional m~xed use area but there would be, in iii} 25 ha~etodowlllhavetobewlthma standerdthat maynot 25 opinion lfthls wer~tostayAgr~cultural buffering Page 94 Page I put any mor~ water on the property than already happens to 1 reqmrements because it is a residentmlly zoned propert} 2 e\lst pre development 2 MS OOURDIE So I guess what I m concerned ~h~ 3 MS HUDSON That Is corr~t and that is one of 3 ~s that we've got e'~en thougb I know we've got a 4 the reasons ,why the drainage engineer comes to the 4 that's got -- a i,D nght now that s got Light Industrial tip $ De',elopment Rewew Comm~ttea to add.~ss thc drainage issues 5 against rcs~dentml we have that happening It's going to 6 and to ensu~ that additional drainage wdl not be caused to 6 happen I guess my coocern is how did we put these sttc 7 off-sue projects 7 a heavy use so I believe, up against such a hght usc xx 8 MS C~OURDIE And being that there's also a 8 we designed the Comprebensix e Plan I'm also concerned tl~ n 9 conmtent that the proposed residential development impede any 9 I don't think this whole regional m~xed use center is all et 10 future development use of the land owned by Andrew 10 the Andrew Corp property Maybe part of n was un~,xl 11 Corporatio~ Part of their land is In the regional 11 not really sure because of the way it was -- that hula 12 mixed use Centers which means that Light Industrial is an 12 piece of properly changed things and I don't know ~t th, ~ 13 optm~al use at that moment In tan¢ So Is that really 13 really, you know, right on the right marks for Andr~x~ £ o~ p 14 something that they should ha concerned about? 14 property lines 15 MS HUDSON AS any property owner they are 15 So that's where my concern is ~s that are 16 concerned about the potentml impacts of their property 16 creating aooth~ by abutting two - a heavy use wnh a 17 That Is their opinion What will happen wbenever they 17 hght use, and that's what I m kind of senmg how thd x~c 18 decide to come forward, we would have to see what sort of 18 up doing that? And I guess that's just a question thai ~ 19 n~ghborha~d opposition came up at that tune As you have 19 now about let bygones be bygones but I think we've got 20 pointed out, Light Industrial centers, as would be an 20 things to look at in the future 21 Andre,,s'sexpension, ls one of the thmgs that we are lenkmg 21 MR RISHEL Mr McNelll 22 for m the regional mixed use center 22 MR MCNEtLL Yes I agr~ vath th~ gentleman 23 Ms OOURDIE And as for complaints, beang that 23 from Andrews Corporation It looks to me like we made a 24 the) are cormng m aft~ thc fact, is there really a 24 grievous error when, m the Comprehensive Plan, when x~. sad 25 complaint issue, that can be sent forth to the Andrews 25 - --this is regional mixed use center I mean that's obwously PLANNING AND ZONING COMldISSION JUNE 14, 2000 2 5 Page 93 - Page 96 CondenseltTM Page 97 Page 99 1 a Light Industrial ar~a given the nature of Andrews I larger quc,ot~on that we have to answer is this ts the 2 Corporation And as such - remind me again what a 2 Comprelx-ms~ve Plan Th~s is the land use map for thc 3 neiahborh0od center allows mo to do, staff 3 Compmhens~,,c Plan, the adopted -- as in December So I d 4 MS HUDSON ^ neighborhood center allows a 4 like to go back to the greater question of is this the right 5 variety of r~tdeuttal housing types, low density, moderate 5 amount of buffcnng or what else could th~s applicant do 6 density, as~ well as offices and light retail uses 6 besides asking for an amendment m thc Compmhens~,~e Plan 7 MR MCNEILL BUt UO industrial, no light 7 ~LR ~,x ILLIAMS My question IS and I've worked 8 industrial? 8 in facton~ how do you buffer nolse* I have werkcd m a 9 MS HUDSON That is correct 9 factory and when you have sheet metal beading machinery 10 MR MCNEILL Yeah So ~n tho regional 10 making noise at 2 00 o clock m the morning and of course 11 mixed-use center is hlgh density housing and light 11 there s not going to be a salesman out there selling houses 12 industrial? 12 at 2 00 o clock m the morning And I think -- 13 MS HUDSON That Is correct, as well 13 ~,m RE[CHHART Yon're correct 14 MR MCNEILL Yes 14 '~m SSILLIAMS ^nd also I think a greater ~ssuc 15 MR REICHHART It'S also mom of the b~g box 15 is land compat~blhty land use compatibility and that ,. 16 retail where you'd have the mall and the large you know 16 what I m concerned with And I will state agem as I stated 17 the Wal Marts and tho bigger retail developments 17 when l ,,oted against the Comprehensive Plan anything yoo do 18 MR MCNEILL yeah I guess part of what 18 ~n a hun3 ends up being a mess and we're dealing w~th that 19 bothers ma here is we estabhsh -- you know, we're a 19 mess 20 pohcy-makmg board and wa estabhsh procedures and policies 20 sm alsa£L Thank you Mr Williams I had a 21 and now we're almost ge~ng into let's maku a deal Can 21 couple of speakers that wanted to - thank you Ms AppL 22 you gtve up this and I'll take this and wtll you do this tf 22 ~,ls .~PLE I concur with what Conumss~oner 23 I'll do that And I just don't think that's a good way to 23 McNedl said earlier I think that yes the Comprehensive 24 do bus~noss If indeed that ts properly zoned, then ho 24 Plan allov~ ~ for th~s but this m~ght be one of those httle 25 ought to be able to come in thon'e and build homes But as 25 glitches where maybe It doesn't seem appropriate I realize Page 98 Page 100 I I look at It, If that's zoned sF or ff that wag to be 1 they m not going to be marketing these properties at 2 00 2 zoned resldeat~al, that's really in dtrect opposaton to 2 o clock In the morning I would hate to be the marketing 3 what Andrews Corporation docs out there So I could 3 representaox e tr.:mg to market this residential 4 understand why they're concerned about that 4 neighborhood ex en during the day with It being next to 5 And you know that once those homes are built 5 Andm~ Corporation I'm a little perplexed, I guess as to 6 there and Andrews Corpurataon comes down here and tr~es to 6 why anyone would want to do that I think the gentleman 7 develop that southern piece they've got tl'~m, them will be 7 from ,X. ndrew smd it best that ~t seems to me hke th~s would 8 500 people out hence m the audience to protest Andrews 8 be much more appropriate for warehouses or hght industry or 9 Curporatton expanding their business And I don't want to 9 some other kind of use 10 see that happen I don't want to hsten to that Thank 10 So I guess I have more of a problem with thc 11 you 11 Comprehon~,,e Plan aspect of it as we're going to say that 12 MR RE[CHHART If I may point out, ff you could 12 thts is okie-doloe just because the Comprehonstve Plan says 13 put this on tha screen The question of what do you do on 13 ~t is and that just bothers me 14 fig edge If you can not, ce on there the thfferent regional 14 MR~ RISlIEt. Thank you Ms Apple Them was a 15 areas that w~ have Wehovebas~callythreemthuC~ty 15 couple of other penple that were going to spenk and for 16 All along those, there ts an edge question on what you do 16 some reason m~, screen went down and tben tt caioe back up 17 And tho intent of has thts applicant done enough 17 and ~t onl5 ~hox~ed one speaker So ~f you wanted to speak 18 buffcrmgbatweenthatedge Wah the open space that 18 lfyou~ouldrereglSteryourself Ms Gourd~e 19 they're providing the detentton area, tho two larger lots, 19 MS GOL~DIE First of all llus ~s my second 20 the buffer to the north and then putting the roadway and 20 ttme around d~d you have a question that you would hke to 21 then the lots on the other stde of the road such as they're 21 ask9 22 proposing, Is that enough of a buffer given that this is the 22 Mm RISkEr. t Il hold at th~s po~nt Thank 23 adopted laod use map for the Cay of Denton? Wa can argue, 23 you 24 you know, pick almost any site gettmg right down mto the 24 MS c, ot.~.mE okay Thank you My questmn ~s 25 spectflcs, poss.~ly wh*m the edge should be But I flllnk a 25 - -when do v,e make the hne? When do we start ff we do th~s PLANNING AND ZONING COMMISSION JUNE 14, 2000 26 Page 97 - Page 100 Condo ~seltTM Page 101 Page 10~ I property that this gentleman is trying to devclop rote Light I approximately 65 feet Tho other flem that I would hke to 2 Industrial, then the next property that s Agricultural, the 2 point out to the Commisston is that thc Andrews Corporation 3 argemcnt wdl be continuing on the same way So I guess I 3 property ends approximately at this area right here So the 4 don't understand how we can keep saying let's keep going and 4 majority of the Andrews Corporation that ~s to the north of 5 going and going We're going to h~t The Preserve m a 5 the sac actually butts up against thc detentton area where 6 moment or two and that's already developed going on the 6 there are no residences That puts the residences 7 route that g's going on I think that ~t has to come to a 7 approximately 75 feet or so at least from the eastern-most 8 point where we have to say u was just hke those homes 8 edge of the Andrews Corporation property ~f they decide to 9 that were budt next to the railroad tracks, I asked about 9 expand and rezone that property at that tmae l0 the no~se and stuff And they smd, well Ehzabeth, some 10 Ma RISHEL And that property at th~s Ume ~s 11 people hke to hve next to tile trmns Okay That s not 11 currently zoned Agncultoral 12 my choice And obwously tl~ne s a manufactured home park 12 MS HUDSON That IS correct 13 mtlusarea They're hvmg next to a 13 MRRISHEL okay Any other quest~ons9 Ihave 14 The question ~s is th~s an extrclne ~ssue or ~s 14 a couple of questions and comments With regard to the fact 15 this an ~ssue that these people can live with because they 15 that we have seen this type of proposal before and we've had 16 are aware of tile s~tuation If they re not able to buy 16 relatively the same opposmon before, other than before Mr 17 these homes then it was a fmled property and they're going 17 Walker came forward I think th~s is probably going to throw 18 to have to tarn areond and sell ~t It's a risk that 18 us rote the 20 percent figure and I know that we will 19 they re taking on thanselves and we see a all the tune 19 generate that figure for C~ty Council I think that as the 20 throughout th~s C~ty where right up against L~ght 20 land develops m th~s area a certainly Is logical to think 21 Industrial, we re putting res~deetml m w~thout any 21 that we'd hke to see similar uses m similar areas 22 questioning at all And then all of a sudden, a property 22 although they do have the residential p~ece of property 23 comes up where we start questiomng ~t I th~nk that in 23 munedmtely north of thean It seems w~th the amount of 24 order to maintain what we're doing here we have to st~ck 24 no,se that comes off of this, the lighting that's mvolved 25 w~thm the Comprehensive Plan because already I m seeing too 25 wlth this that It would be logical to think that something Page 102 Page 1 I many people coming forward and saying, well we can't do I other than resideotml eventually would be developed on this 2 th~s We need to change this And this ~s what got us ~n 2 piece of property by someone And I don t know how far out 3 the mess after the last Comprehensive Plan is we re not 3 that Is 4 sticking to the way things are designed to be designed So 4 I know that the Plan that we have meets the C~ty 5 I really don t understand how th~s how we can keep 5 criteria that we have and the quahfieatmns are all there 6 changing the ~ssues And that s just my comment 6 for a to be something that's viable for us in the 7 MR RtSHEL Thank you Ms Gourdie Mr 7 community It certainly what I don't want to see ts us 8 McNefll 8 develop a housing site that, for some reason, becomes 9 Mr< MCNEILL well, I was going to co~mnent 9 abandoned m the future because of the other industrial uses l0 earher and I forgot to make th~s co~mnent that the 10 that are in that munedmte area Any other comments 11 Compreheose, e Plan and tile way we voted on that was ~t was a i I questions, or a motion? 12 guide It was not cast m stone It was aot all ordinance 12 MR MCNEILL MOtlOU 13 Itwasagu~de Andassuch we do not need to accept 13 MR RISHEL Mr McNclll 14 everything that comes in as the gospel and approve ~t just 14 MR MCNEILL 1 move to recommend demal of 15 because ~t's ~n the Plan It ~s a grade which is to guide 15 zP oo oo2 16 the Cormmss~on which ~s to grade tile Councd as riley make 16 MR WILLIAMS second 17 deo~slons And obviously in my opinion an ercor was made 17 MR RISHEL It's been moved by Mr McNefll and 18 when thls was zoned Neighborhood Center So I'm not In 18 seconded by Mr Wllhams Any further thscussion9 Vote 19 favor of putung houses out there Thank you 19 please Motion passes 4-2 20 MR RISHEL Any Other questions of staff? Any 20 (COMMISSIONERS GOURDIE AND RISHEL VOTING IN 21 other questions of staff? Any further closing comments9 2 ] OPPOSITION) 22 MS HLDSON Yes sir Thel~ are two points that, 22 MR RISHEL And, once agmn, I'd hke to 23 as the discuss~on has gone on this evening that I'd hkc to 23 reflect the fact that I am voting in place of Mr 124 point out The amount of distance between the northern 24 Engelbrecht's chair and my chair and voting mechanisms at I .25 property hne aafl the begmmng of the vesidentml is 25 - -the other end and I'm sure our minutes will reflect that PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 101 - Page 104 CondcnscltTM Page 101 Page ]0 I prop~ that this gentleman Is u"lnng to develop into Light I approxnuat~ly 65 feat Thc other licm that I would hk~. 2 Indusmal, then thc next properly that's Agricultural, the 2 point out to the Commission ~s that thc Andrews Corporauon 3 argument will be continuing on thc same way So I guess I 3 property ends approximately at th~s area right here So thc 4 don't understand how w~ can keep saying let's keep going and 4 majority of the Andrews Corporation that Is to the north of 5 going and going We're go~ng to h~t The Pr~ervo m a 5 the s~t¢ actually buns up against the detention area where. 6 moment or two and that's akeady devaleped going on the 6 thoro are no residences That puts the residences 7 route that It s going on I think that it has to come to a 7 approx~mataly 75 feet or so at least from the eastern nlost 8 point wber~ we have to say. it was Just llke those homes 8 edge of the Andrews Corporation property if they decide in 9 that were built next to the railroad tracks, I asked about 9 expand and rezone that property at that time 10 the noise and stuff And they said well, Elizabeth, some 10 Ma mS:-IEL And that property at this time is 11 people hke to live next to tbe trains Okay That's not 11 currently zoned Agricultural 12 my choice And, obwously, there s a manufactured home park 12 MS HUDSON That is correct 13 tnth~saree Thoy'rehvmgnexttoa 13 MRRISHEL okay Any other questlons9 lhaxe 14 The question ts IS this an extreme issue or IS 14 a couple of questions and comments With regard to tile fact 15 this an issue that these people can live with because they 15 that we have seen this type of proposal before and we ,,t. had 16 are aware of the situation If they're not able to buy 16 relatively the same opposition before, other than baron. Mr 17 these homes, then it was a failed property and they're going 17 Walker came forward I think this ~s probably going to throw 18 to have to turn around and sell it It's a risk that 18 us into the 20 percent figure and I know that we wdl 19 they're taking on themselves and we see it all th~ tune 19 generate that t~gure for City Council I think that as thc 20 throughout this City wbere right up against Light 20 land develops in th~s area it certainly Is logical to think 21 Industrial we re purling residential in w~thout any 21 that we'd like to see similar uses in s~milar areas 22 questioning at all And then all of a sudden, a properly 22 although they do have the residential plane of properVy 23 comes up where we start quasi,orang ~t I think that in 23 munedlately north of ttmn It seems w~th the amount of 24 order to maintain what we're doing here we have to stick 24 no,se that comes off of th~s the lighting that's in,, olved 25 within the Comprehensive Plan because already I'm seeing too 25 with this, that ~t would be logical to think th-~,t something Page 102 Page 1 I many people coming forward and saying, well, we can't do 1 other than residential eventually would be developed on this 2 this We nexxl to change this And this Is what got us In 2 p~ece of property by someone And I don't know how far out 3 the mess after the last Comprehensive Plan is we're not 3 that ~s 4 sticking to the way things are designed to be destgued So 4 I know that the Plan that we ha'.e meets the C~ty 5 I really don't understand how this -- how we can keep 5 criteria that we have and the qualifications are all there 6 changing die issues And that's just my conunent 6 for it to be somethm8 that's viable for us In the 7 MR RISH£L Thank you, Ms Oourdle Mr 7 conunumty It certainly -- what I don't want to see is its 8 McNedl 8 develop a housing site that, for some reason, becomes 9 MR MCNII[LL well, I was going to comment 9 abandoned In the future because of the other industrial uses 10 earlier and I forgot to make this colmnent that the 10 that are in that unmedlato area Any other comments 11 Comprehensive Plan and the way we voted on that was it was a l 1 questions, or a motion9 12 guide It was not cast in stone It was not an ordinance 12 MR MGNEILL MOtiOn 13 It was a guide Andassuch we do oot need to aeo~pt 13 MR RiSHEL Mr McNedl 14 everything that comes in as the gospel and approve It just 14 MR MCNEiLL 1 move to recommend denial o! 15 because it's in the Plan It ts a guide which is to guide 15 zi, on 002 16 the Commiss~on which is to guide the Council as they make 16 Ma WILLIAMS second 17 dectslens And obviously, m my opinion, an error was made 17 MR RtSHaL It'S been moved by Mr McNeill and 18 when th~s was zoned Neighborhood Center So I'm not m 18 seconded by Mr Williams Any further discussion'* Vote 19 favor of putting houses out there Thank you 19 please Motion passes 4 2 ~0 MR R[SHEL Any other questions of staff? Any 20 (COMMISSIONERS GOURD[Il AND RIgHIIL VOTING IN l I other questions of staff? Any further closing comments? 21 oPl, osrrto~ 22 MS I. It, DSON Yes, sir Tbere are two points that, 22 MR RtSHIIL And once again I'd hke to 23 as the discussion has gone on this evening that I'd hk¢ to 23 reflect the fact that I am voting in place of Mr 24 point out The amount of d~stance betw~n the nestlm'n 24 Engelbrecht's chair and my chair and voting mechamsms at ,25 properly line nag the beginning of the residential is 25 - -'the other end and I'm sure our minutes will reflect that PLANNING AND ZONING COMMISSION JUNE 14,2000 27. Page 101 -Page 104 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 20 1 ACRES OF LAND LOCATED ON POCKRUS PAGE ROAD AND EAST OF SOUTH 1-35 EAST TO PROVIDE SINGLE FAMILY AND OPEN SPACE USES, APPROVING A ZONING PLAN, PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-002) WHEREAS, Allen Bussel, on behalf ofRM & KM Development, has applied for a change in zomng for 20 1 acres of land from Agricultural (A) zoning district classification and use designation to Planned Development (PD) zoning district classification and use designation to provide for Single Family and Open Space uses, and WHEREAS, on July 14, 2000, the Planning and Zomng Connmsmon recommended demal of the requested change m zoning, and WHEREAS, the City Council finds that the change in zoning will be consistent with the Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district classfficataon and use designation of the 20 1 acre property described in the legal description attached hereto and incorporated herein as Exhibit A as changed from Agricultural (A) zoning dismct classification and use designation to Planned Development (PD) zoning thstnct classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas SECTION 2 The Zomng Plan attached hereto and incorporated herein as Exhibit B is hereby approved The uses authorized by this ordinance are hmlted to the uses and conditions set forth on the Zoning Plan SECTION 3 The City's official zomng map is amended to show the change in zoning district classification SECTION 4 Any person violating any provision ofthls ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of thru ordinance is violated shall consUmte a separate and distinct offense SECTION 5 This ordinance shall become effecuve fourteen (14) days from the date of~ts passage, and the City Secretary xs hereby directed to cause the caption of this ordinance to be published twice tn the Denton Record-Chromcle, a daily newspaper published an the City of Denton, Page 1 of 1 Texas, w, th~n ten (10) days of the date of its passage PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~'~~/ Page 2 of 2 Exhibit A Legal Descnpt~on Being all that certmn lot, tract, or parcel of land s~tuated m the G~deon Walker Survey Abstract 1330, Denton County, Texas, being a part of that certtun tract of land conveyed by deed from Ann K Stroope to Juhe K Clark recorded under Clerk's F~le 95-R000602, Real Property Records, Denton County Texas and being more partmularly described as follows Beg~rmmg at an ~ron rod set for comer m Poekms Page Road, a pubhc roadway, smd pmnt bemg the southwest comer of that certmn tract of land described ~n a deed from Helen Ehzabeth Waldnp to Gmbert M Waldnp, Jr recorded m Volume 1032, Page 9714, Deed Records, Denton County, Texas, Thence N 86 degrees 14 mmutes 00 seconds West, 1212 83 feet w~th smd Road to an ~ron rod set for comer, Thence N 04 degrees 10 minutes 34 seconds East, pass at 21 28 feet an ~ron rod found for north hne of smd road, a total chstance of 720 60 feet to a fence comer ~n the south hne of that c~rtmn tract of land conveyed by deed from Tom Fouts, Trustee to Andrew Corporation recorded m Volume 912, Page 790, Deed Records, Denton County, Texas, Thence S 86 degrees 35 minutes 09 seconds E, pass at 385 0 feet the southwest comer of that certain tract of land conveyed by deed from Veterans Land Board of the State of Texas,to Rmhard A Bana recorded m Volume 1329, Page 202, Real Property Records, Denton County, Texas, pass at 865 0 feel the southwest comer of that certmn tract of land conveyed by deed from L C Dupree and wife, Stella M Dupree to W E Buckalew and w~fe, Mary B Buckalew recorded m Volume 530, Page 55, Deed Records, Denton County, Texas, a total d~stance of 1199 75 feet w~th the south hne of smd Andrew Corporation, Bana and Buckalew tracts to a fence comer for a comer ~n the west hne of smd Waldnp tract, Thenoe S 03 degrees 08 minutes 27 seconds W, 728 00 feet w~th smd west hne of smd Wakhap tract to the Place of Begmmng and conttumng 20 057 acres of land Surveyors & Engineers of North Texas 1621 Amanda Court Ponder Texas 76259 Ph (640) 452 2905 FAX (940) 482-291'~ Toll Free (877) 451-SENT www 5entco~ co~n Tuesday, July 18, 2000 Ms Beth Hudson Planner City of Denton Planmng Department Re Diamond Padge Estates -Councd Meeting postponement Ms Hudson, We respectfully request a postponement of our Zoning Plan case being pled before the City Council until August 15, 2000 The owner vall be out of the area until tbas time and would Idle to attend the meeting Thank~ Agenda No AGENDA INFORMATION SHEET Agenda/tem.~a,.a~ AGENDA DATE: July 25, 2000 DEPARTMENT: Planning Department / CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT - Z-99-100 (Country Lakes - North [formerly known as YFtllow Lakes- North]) Hold a public heanng and consider approving a Detailed Plan for a Planned Development (PD- 174) zoning district The 378 1 acre property is generally located south of Johnson Lane, between John Pa]ne Road and Fort Worth Drive A single family subdivision with open spaces is proposed The Planning and Zomng Commission recommended approval (4-1) BACKGROUND The applicant is requesting a Detailed Plan approval to construct a single family residential subdivision on this 378 1 acre property The project will have 1,272 residential lots and 15 open spaces The residential lot sizes range from 5,500 square feet to 8,400 square feet, with the average lot size being 6,341 square feet Overall density of the proposed development is 3 2 units per acre In addition, the project will include 42 acres of parks and open space, as well as a 36 acre regional lake Future Detailed Plans will be submitted for the school site, a park site, and the neighborhood center The property is currently zoned PD-174 The Concept Plan was approved ,June 15, 1999, therefore, tl~s project is exempt from the Intenm Regulations The Detailed Plan is generally consistent with the Concept Plan ~' The subject property is located m a Planned Development (PD-174) zoning district created in June 15, 1999 by Ordinance 99-205, when it was annexed into the city This development was mvolyed m the settlement of the litigation the City brought against Fresh Water Supply DistriCts 1 A and 5 in August 1999 As a part of the agreed annexation of this property, the City Cotmml agreed to consider and take action an ordinance to establish a planned development district that conta]ned provisions substantially similar to those conta]ned in Exhibit Blto the Annexation Agreement signed by the parties The Council was not obligated to enact such an ordinance If the council did not approve an ordinance that conta]ned provisions substantially similar to those in Exhibit B, the property owner could petition for dlsannexa'aon ~ The Comprehensive Plan identifies this property to be in both the "Neighborhood Centers" area and the "Environmentally Sensitive Areas" Since this project is exempt from the Intenm Residential Regulations, the Environmentally Sensitive Areas may be developed Therefore, the residential and open space uses are compatible with the Neighborhood Center designation m The Denton Plan ~ Five (5) l~roperty owners were notified of the zoning request Three (3) responses have been received,~zero (0) are in favor, three (3) are opposed (see Attachment 2) However, the three property owners are outside city hm~ts, thereby not invoking the 20% - supermajonty role PRIOR ACTION/REVIEW The following is a chronology of Z-99-100, commonly known as Country Lakes - North [formerly known as Willow Lakes - North] Application Date - December 14, 1999 DRC Date(s) - January 6, 2000 and April 6, 2000 P&Z Date - June 28, 2000 ESTIMATED PROJECT SCHEDULE The applicant has submitted a Preliminary Plat that is on the Planning and Zoning Commission's agenda for July 26, 2000 Final plats will need to be submitted and approved, prior to any bmldlng permits being issued FISCAL INFORMATION Development of tins property will increase the assessed value of the city, county, and school district It wall require no short-term pubhc improvements that are the responslblhty of the city P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (4-1) of this zoning Note. Upon review of this application for the City Council meeting, it was determined by staff that the design should have included connectivity to the east and to the west through two access points each. OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table 1tern ATTACHMENTS 1 Planmng and Zoning Commission Report, June 28, 2000, (Z-99-100) 2 Letters of Opposition 3 Planning and Zoning Commission minutes from June 28, 2000 4 Drafl Orchnance Respectfully submitted Douglas[S Powell, AICP Director of Planning and Development Prepared by Beth Hudson, Planner I ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Sublect Count~ Lakes- No~h, Detailed Plan Case Number Z-99-100 Staff Beth Hudson, Planner I Agenda Data June 28, 2000 PURPOSE ~ ~;~ ~ Hold a pubhc heanng and consider making a recommendabon to the C~ty Council concermng the Detailed Plan of approximately 397 acres ~n Planned Development (PD-174) zomng d~stnct A s~ngle family res~denbal subdivision w~th open spaces ~s proposed CITY OF ARGYLE LOCATION MAP Location Southeast corner of John Paine Road and Johnson Road S,ze 396 884 acres GENERAL II Applicant Sue Blankensh~p Owner: ChnstopherJackson Carter and Burgess Wynne/Jackson Lakes Development 7950 Elmbrook, Suite 250 600 N Pearl, Suite 650 Dallas, Texas 75225 Dallas, Texas 75201 SUMMARY ZONII The applicant Is requesting a Detailed Plan approval for PD-174 (see Enclosure 3) to construct a single family residential subd~ws~on on th~s 396 884 acre property (see Enclosure 1 ) The project w~ll have 1,272 s~ngle family residential lots and 15 open space lots As approved ~n the Concept Plan, the residential lot s~zes range from 5,500 square feet to 8,400 square feet w~th an overall density of 3 2 umts per acre The average lot s~ze is 6,341 square feet The development also ~ncludes 42 acres of parks~and open space, as well as a 36 acre regional lake Future Detailed Plans w~ll be submitted for the school s~te, a park s~te, and the neighborhood center The Concept Plan was approved June 15, 1999, therefore, th~s project is exempt from the interim regulations The Detailed Plan ~s generally consistent w~th the Concept Plan (see Enclosures 1 & 2), w~th only m~nor revisions ~ncluded as noted below, 1 The maJority of the pocket parks are now proposed to be ponds 2 S~ngle family lots are now proposed along the northern edge of the regional pond 3 S~ngle family lots are now proposed m the southeast corner of the property between the Argyle c~ty limits and the proposed parkland In Staffs opinion, these changes and/or modifications are m~nor and would not require a revision to the Concept Plan The Comprehensive Plan ~denbfies th~s property to be m both the "Neighborhood Centers" area and the "Enwronmentally Sensitive Areas" S~nce th~s project ~s exempt from the Interim Res~denbal Regulations, w~th appropriate approvals, the Enwronmentally Sens~bve Areas may be developed Therefore, the proposed uses are compabble w~th The Denton Plan I Transportation A Trip generation The proposed development would generate approximately 12,000 tr~ps per day (at 9 55 trips/dwelling un[t./day x 1,272 un~ts ) The applicant has prepared a Traffic Impact Analys~s (TIA), which ~s currently being reviewed Th~s study w~ll ~dent~fy traffic ~mpacts and subsequent m~bgat~on measures necessary to suport th~s development B Access The s~te ~s,currently accessed by John Paine Road, Johnson Lane, and Fort Worth Dnve C Road Capacity John Paine Road is Ident~fled as a collector street by the 1998 Denton Mob~hty Plan (see Enclosure 3) Th~s street ~s designed to be a four (4) lane undivided street w~thout parking, provid~ng four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day John Paine Road ~s currently constructed with two (2) lanes w~thout parking No traffic count information is available for this street Fort Worth Drive (US 377) ~s ~dentlfied as a primary major arterial read by the 1998 Denton Mobility Plan (see Enclosure 3) Th~s read ~s designed to be a s~x (6) lane d~wded street w~thout parking, providing s~x (6) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day Fort Worth Dnve ~s currently constructed with two (2) lanes, w~th shoulders and no parking The most recent traffic count for Fort Worth Drive indicates there may be adequate capacity to handle the calculated trips that could be generated by the proposed development A traffic count of 6,237 trips per day ~s the most recent figure available D Pedestrian L~nkages S~dewalks along all pubhc streets are required 2 Utilities A water hne, extension and a sewer hne extension w~ll be required to serve th~s project 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to city standards A prehm~nary drainage study w~ll be required w~th the submission of a prehmlnary plat The study must ~nclude calculations of the 100-year storm for all drainage areas on th~s property and any area that drains towards th~s property The developer must ~ndmate the method by which the run- off w~ll be camed across the property or stored on the property 4 Signs Ground signs have been proposed throughout the development The signs range ~n height from4 feet to 7 ~ feet The s~gn matenals are masonry, w~th occasional wrought ~ron embelhshments 5 Off-Street Parking Each residence shall have 2 off-site parking spaces Thirteen additional parking spaces are being prowded ~n conjunction with the open space at the southwest port~on of the development 6 Landscaping This property w~ll have to comply w~th the Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 7. Open Spac~e and Recreational Areas Through the Park Ded~cation Ordinance (98-039), this development will be required to dedicate 8 904 acres of parkland (or fees in lue) and payment of park development fees Dedication requirements are required dunng the platting process Park development fees aree required pnor to the issuance of building permits 8, Lighting No restrictions are place on residential development 9 Environmental Qualitylmpacts No negabve enwronmental impacts have been idenbfied June 15, 1999-The subject property was annexed and placed ~n the Planned Development (PD- 174) zoning distnct and land use classlficabon by Ordinance 99-205 (see Enclosure 2) The subject property ~s not platted and would need to be platted pnor to any development Not~ce of the zoning request was pubhshed ~n the Denton Record-Chromcle on June 17, 2000 F~ve (5) property owners w~thln two hundred feet were ma~led legal notices and thirteen (13) residents w~th~n five hundred feet were sent courtesy notmes mform~ng them of the request (see Enclosure 5) As of th~s writing, there have been no (0) responses No neighborhood meetings have been held The proposed Detailed Plan meets all the minimum technical requirements for a Detailed Plan as ~dent~fied ~n Section 35-176 of the Code of Ordinances and ~s generally consistent w~th the approved Concept Plan Staff recommends approval of Z-99-100 I move to recommend approval of Z-99-100 1 Recommend approval as submitted 2 Recommend approval w~th cond~bons 3 Recommend demal 4 Postpone consideration 5 Table ~tem, 1 Detailed Plan 2 Approved Concept Plan 3 Zomng Map 4 S~gn Details 5 200'-500' Notification Map ENCLOSURE 1 ENCLOSURE 2 \ Pg. 7. ENCLOSURE 3 ~ Z-99-100 (Country Lakes - North) NORTH / PD 3. 3 8 ETJ ETJ · IOHNSON 138 D 174 ~__.~ P .___~r. 8F-16 ,~ ETJ pD174 PD 138 CiTY OF ARGYLE ZONING MAP pg. 8. Scale None ENCLOSURE 4 ENCLOSURE5 Z-99-100 (Country Lakes - North) NORTH JOHNSCN Limit of 500' [ CITY OFARGYLE~ I Lim,t of 200' Notification I Not~flcatmn 200'-500' NOTICE MAP Pg 13. Scale. None ATTACHMENT 2 NO'I'ZCE. OF PUBLIC HEAR]:N Z-99-100 The Planning and Zoning Commission of the City of Denton wdl hold a public hesdng on Wednesday, June 28, 2000, to oonelder a detail plan for a 549 acre site located at southeast comer of John Paine Road end Johnson Road In a PD-174 zoning dlstnct (see map on backside) The property Is legally described as all of the M Smrth Survey, Abstract 1181 and all of the W Smith Survey, Abstract 1182, In the City of Denton, Denton County. Texas A single family residential subdivision with open spaces and a, school site Is proposed The public headng will start et 6 00 p m in the City Council Chambem of City Hall located at 215 E Mc. Kinney Street, Denton, Texas Because you own properly w~thm two hundred (200) feet of the subject propel(y, the Planning and Zoning Come.sion would lire to hear how you feel about this zomng change request and inwtea 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 heanng (Th~s In no way prohibits you from attending and parbclpetlng In the public hearing ) You may fax It to the number located at4he bottom, mall It to the address below, or drop it. offqn-pemen Planning end Development Department 221 N, Elm St. Denton, Texas 76201 Attn. Beth Hudson, Planner I The zoning process includes two public heatings designed to provide opportunities for clbzen involvement and comment Prior to the public hearings, landowners wlthm two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning end Zoning Commission The Commission is informed of the percent of responses in support end In opposition Second, the zoning pebtlon is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petltlormr may then appeal the request to the City Council If owners of more than twenty (20) percent of the land ares within two hundred (200) feet of the site submit written opposition, then out of seven votes of the ~ity Counal ere required to approve the zoning change These forms ere used to calculate the perdentage of landowner opposition Please circle one' In favor of request Neutral to request ~_~posed to request~.~ Printed Name Jp~rJ/../~" Telephone Number oc:'/7--//~-' ehy, ca, ^ ,dress of prepor witN. 200 f,,t CITY OF DENTON, TEXAS ¢;TYHALLWES'r - DEbrrON, TEXAS 7e201 · 9403498350 · (F)g40~497707 F/tenwne NOTICE OF PUBLIC HEARIN Z-99-100 The Planmng and Zoning Commission of the C~ty of Denton wdl hold a pubhc hearing on Wednesday, June 28, 2000, to consider a detad plan for a 549 acre s~te located at southeast corner of John Paine Road and Johnson Road in a PD-174 zoning d~stnct (see map on backside) The property is legally descnbed as all of the M Smith Survey, Abstract 1181 and all of the W Smith Survey, Abstract 1182, ~n the C~ty of Denton, Denton County, Texas A s~ngle family res~denbal subdivision w,th open spaces and a School rote ~s proposed The public hearing w~ll start at 6 00 p m in the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thru two hundred (200) feet of the subject property, the Planning and Zoning Commission would I/ke to hear how you feel about th/s zoning change request and lnvites you to attend the pubbc heanng Please, ~n order for your op~n~on to be taken into account, return this form w~th your comments pnor to the date of the public heanng (Th/s ~n no way prohibits you from attending and parbc/patmg ~n the public heanng ) You may fax it to the number located at the bottom, mad it to the address below, or drop it off ~n-person Planning and Development Department 221 N Elm St. Denton, Texas 76201 Attn Beth Hudson, Planner I The zomng process includes two pubhc heanngs designed to prowde opportumt~es for c~bzen ~nvolvement and comment Prior to the public heanngs, landowners w~th~n two hundred (200) feet of the subJect property are nobfied of the zoning request by way of th~s nobce The first pubhc hearing ~s held before the Planning and Zomng Commission The Commission ~s informed of the percent of responses in support and In opposition Second, the zomng petition ~s forwarded to the C~ty Councd for final action prowdmg the Commission recommends approval Should the Commission recommend demal, the pebboner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zomng change Those forms are used to calculate the percentage of landowner oppositmn Please circle one In favor of request Neutral to request O('O~pposed to request~ Comments. Madmg Address ~c~dv~-~_ '~ c~g-~c City, State Z,p -,v~'d?~/" Telephone Number ~,~//- Physical Address of Property w~th~n 200 feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 F~lenarne ]. 5 · NOTICE OF PUBLIC HEARIN Z-99-100 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc heanng on Wednesday, June 28, 2000, to consider a detad plan for a 549 acre s~te located at southeast corner of John Paine Road and Johnson .~F'~_.'~i'n a PD-174 zoning d~stnct (see map on backside) The property ~s legally described as all of the M Smith Survey, Abstract 1181 and all of the W Smith Survey, Abstract 1182, ~n the City of Denton, Denton County, Texas A s~ngle famdy res~denbal subdivision w~th open spaces and a school site ~s proposed The public hearing will start at 6 00 p m in the C~ty Council Chambers of City Hall located at 215 E McKmney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public heanng Please, ~n order for your oplmon to be taken ~nto ac, count, return this form w~th your comments prior to the date of the public hearing (This m no way prohibits you from attending and participating m the public hearing ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off in-person Planning and Development Department 221 N. Elm St Denton, Texas 78201 Attn: Beth Hudson, Planner I The zomng process includes two public hearings designed to prowde opportunities for c~bzen ~nvolvement and comment Prior to the public heanngs, landowners within two hundred (200) feet of the subJect property ara notified of the zoning request by way of this nobce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and ~n opposition Second, the zoning pebbon is forwarded to the City Council for final action provld~ng the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of ~he land area within two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the City Councd are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one - In favor of request Neutral to request (..-/Opposed t~ Signature /~7~ ~.,,.~ ~. ~) Printed Name ll:~/~"/'~l ¢_.1 g, A, Mad~ng Address z./.:~ 4) C~ ...~"z)H/V.s¢~ C~ty, State Z~p' ,,O/-r2~yLC-; 'TX' Telephone Number 9 ~ -~ ,/.~Z,~ r~. 2 ~ ~ ,~ Physical Address of Property w~thin 200 feet CITY OF DENTON, TEXAS C~TY HALL WEST o DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 F~lenarne ~6 ATTACHMENT 3 Page 167 (BRnAK TAKI~N) ] concept plan to need to be redone 2 MR ENOELBRECHT At this tmlo v~ will 2 The basic configurations that we're looking at 3 continue qur meeting for th~s evening and move onto the 3 tonight are a park and a school site m the northern area 4 public hearing portion concerning zoning this ewmng w~th 4 The major arterial going through the northwestern portion 5 Agenda II,an No 16, which ts to hold a public heanng 5 of the property, the major lake off to the west - excuse 6 end consl~ter making a recommendation m City Council 6 me, the east along Fort Worth Dave, and the lnclu.ion of 7 concerning the detailed plan of approxnnately $97 acres in 7 ~een spaces and park area along the southern portion 8 Planned Development 174 The properS' is leeatixt at the 8 As you can see, the project that we're looking 9 southeast comer of John Paine Road and Johnson Road 9 at tonight, the detailed plan, specifically goos Into more 10 A smgle-famdy residential subdiwslon with 10 detml about what size lots they're proposing and their 11 open spaces ~s proposed At this t~m¢ I'll opes the 11 location, the phasing of the proJect And because, thc 12 pubhc beqrmg and say to those who camo to attend we're 12 land u~.s have already been considered In thc conch, pt 13 finally going to get to you It even took longer than I 13 plan, tonight what we are lookmg at Is the general 14 thought And we'll ask Ms Hudson to provide us with the 14 o'vera[l layout of the detailed plan 15 staff report and recoiranendatmn Deed evening 15 One of the things that has bean passed out to 16 MS HUDSON 'rhnnk you, Chair and 16 the Commissioners during the break is the three letter~ of 17 Conumssioners As you have star. l, tho project that we're 17 opposition that we have received from surrounding 18 looking at tonight is tho detailed plan for Country Lakes 18 neighbors At the time that we had written the staff 19 North, foxanally known as Willow Lakes North It :s 19 report, none of these letters had been received to date 20 located m between 1-35 and Fort Worth Dnvo just north of 20 Three pieces of property that are m 21 fl~e City of Argyle COy hant hnes Tho prolm'ty has, as 21 opposition ts one fronting along Fort Worth Drive, one 22 proposed to you tonight, has 1,272 residential lots and 15 22 here at the northeastern corner of the property, and one 23 open spa~les and/or recreation lots It's almost 400 acres 23 off to the north As ts probably evident to the P&Z 24 m s~ze And the concept plans on this was approved m 24 Colrantsstoners, it lies -- all three of them lie in our 25 June of last year 25 extraterritorial junsdtctton which means that the Page 166 Page 168 In regards to the Comprehensive Plan as tt has I requirement where we have to calculate neighborhood 2 stated for the future Land Use Plan of this property, the 2 oppo~mon does not apply to them and therefore the 20 3 site ttsel[ ts m a neighborhood center which ts the 3 percent and/or super majority rule to hnvc it passed at 4 Comprehensive Plan's designation of newly developing 4 City Council is not applicable 5 residential areas As you can see, it ts next to a 5 At this time, I will turn It over to the 6 regional,mixed-use center Locally this project is know 6 apph~aat end/or tbe applicant's representatl~,cs If you 7 as The Vintage that has the frontage along 1-35 The site 7 hat e any questions at thn end of their pr~entanon I 8 that we'~e looking at tomght does have several 8 wdl be back to answer them Thank you 9 environmentally sensitive areas However, because the 9 Ma ENOELBRECHT Thank you Is the 10 zoning on this project was approved in June of last year 10 petmoner or pet{tioner's representative present? 11 makes this project that we're looking at tonight exempt 11 MS BLANKENSHIP Deed ~vemng, Chairnmn and 12 from th{} ordinances that cover the envlrom~lental[y 12 members of the Coiramssmn My name ~s Sue Blankenslup 13 sensltlv~ area,$ 13 I m xuth Carter and Burgess I'm the engineer for the 14 This ts a copy of the concept plan that was 14 applicant 7950 Elmbreok Dave Dallas Texas Tomght 15 approved last year We're seeing the baste configuration 15 v,e bnng before you tl~ detaded plan for -- it's been 16 However, this portion of tt is in Willow Lakes West and 16 excuse me Tomght we bring before you the detaded plan 17 has already been -- and ts not part of this detmled plan 17 for Country Lakes It's b~n renamed s~nce it was 18 tomgh~ Also, this project shows the portion here that's 18 approxed as a concept plan as Willow Lakes 19 tn the (Jtty of Argyle, that tomght ts not part of our 19 A couple of items v,¢'d hke to point out, with 20 item under consideration The item that we're looking at 20 this nov detailed plan in terms of comparison to the 21 tomght covers bamcalIy the top part from approximately 21 concept plan, I think with tins layout, we've increased 22 here northward 22 the amount of lakes and the amenities In this detailed 23 The detailed plan that we're looking at 23 plan The parks space, we%e increased the park space 24 tonight vanes from ttm a couple of ways but, m staff's 24 Wc',,¢ left the channel natural, m a natm'al posioon 25 opmlonl they are relatively minor and would not cause tht 25 x ersu~ the channehzation that we'd proposed with the 'PLANNINOiAND ZONINO COMMISSION JUNE 28, 2000 Page 165 - Page 16~ 17. CondcnscltTM Page 169 Page 17 I 1 concept plan I that's the area that the lake has been placed in 2 I think we've done a good job with tlus and ~t 2 Mn ~.tsn~t. so thc south~n part of the 3 works very well So we'd apprecmta your approval of the 3 environmentally scnsitivc area is all lake And thc 4 detailed plan tomght If you hava any questions, I'm 4 western part Is what? What Is that that I see on your 5 here to address any questions 5 plan? 6 MR E~O£LOPa~¢HT All right I believe we do 6 Ms BLANKENSH[P This western part? 7 have some questions Ms ~3ourthe 7 MR R[SHEL Yes ma'am 8 MS GOURDIE HI I would lika to ask a 8 MS BLANKENSHIP Currently, we're proposing 9 question of you about concerning drainage We got qmte a 9 channehzat~on which comes up to about this point and 10 few latm'S opposed to this request because of fha 10 from there we're leawng the channel natural and v,e rr 11 drainage stmatlon And most of their homes, I guess are 11 crossing it wah John Pome Road wluch is an ex~stmg 12 on the point wham part of It's on the lake property Is 12 read 13 thxs lake going to help control their drainage situation 13 MR RtSHEL okay And the part of the 14 or how IS this proposed to alias late whatever's gums on 14 enwronmeatally sensmve area that tangents the top par; 15 out there? Why did you pick that part as the lake to put 15 there? Yes just move your pen right on -- them we go 16 the lake tn? 16 Yeah What is that in relationship to up above then. and 17 MS BL^Iak£~,SHIP curtetuly, the posmon of 17 how has that been handled'~ 18 the - it's an overall 63-acre lake and that's in the 18 Ms ELA~.E~SHtP currently ~t's not handled 19 pOSlt~on of the lowest spot on the site It's curretul', 19 Currently there's an existing 240 cps that comes down 20 mosdy In the 100-year floodplain What we've done is 20 Johnson Road and we haven't detailed ~t out and done [mai 21 we've opposed a series of detention lakes and what that 21 engineering on n and how wa're going to actually handk. 22 will do IS detain the water as it comes down the lull in 22 that I think the reqmrements of the City of Denton are 23 the series and we have certain lakes here that will 23 that we do the improvements downstream in order to handle. 24 discharge into the creek 24 the increased flows 25 The overall 63-acre lake will detain the '~ater 25 MR RISHEL BUt you're telling me it flows Page 170 Page 172 I and thereby lowering the water surface elevation I the other v, ay anyway so it's not downstream 2 downstream wtthln the Graveyard Branch Creek 2 MS BLANKENSHIP From this point, It does 3 MS OOVRnt~ SO you'd be doing some grathng 3 flow that way 4 to bnng the properties that are to 4 Ma ~tsH£t. okay So it's really not 5 MS BI~NK£NSHIP Right ~'s actuall) two 5 dependent on the other piece of propen'y that you de~ dap 6 different -- I don't want to oall them drainage basins 6 south of that 7 but for the most part thxs splits the property draining 7 ~,~s BLANI~ENSHIP That S correct 8 this way The mst of it drains up to Johnson Road And 8 Mn ~IsHe;. okay Thank you 9 I think therein lies the concern 9 MR ENGELBRECHT [ think Mr Relchhart want~ lO Ma OOURDt[~ ?hank you 10 to make a colmnent hem 11 Ma ,~t~o~l. Bp.l~c~:T Mr Rlsbel 11 MR ~EtCHHART And just real quickly the 12 MR RISHEL ff Mrs Hudson would put up the 12 enwrenmentally sensmvc areas are exempt fram the 13 environmentally sanstove area, and I'm just reflecting 13 Interim regulations, but there are stall a series of 14 upon the~fact that she had said you would exempt from 14 reports and studies and approvals that have to be obtained 15 that I'm just trying to sec how tbe lake situation and 15 before they can do anything to them 16 the env~-onmentally senstuve areas, bew they had been 16 MR ~tSHEL ^ pad flag for me 17 handled So tar and what we have been doing to ir) to work 17 ~,m aEtCHH/mT a~ght And If you have 18 with what we had there as much as possible even though we 18 drainage questions, Dale Hoelung is here 19 were exempted 19 MR R[SHEL Thank you 20 MS BLANKEIh$HIP Right What we've done is 20 MR ENGELBRECHT MS Apple, do you have a 21 we've put fl~ 63-acre lake in th~s area And what it dces 21 questlon~ 22 Is right now the envtronmentally senstuv¢ areas ts a 22 MS APPLE YeS One of the revisions noted 23 100 year floodplain And what happens ~s them ts a cross 23 in our backup is that the maJority of the previous pocket 24 culvert across 377 and wben ~t backs up from Gras eyard 24 parks are now proposed ~o be ponds Could you tell me hmv 25 Branch, it a~ates th~s backwater effect So, therefore, 25 many of those pocket parks are going to b~ ponds and can PLANNING AND ZONING COIVllVlISSION .IIJNE 28, 2000 Page 169 - Page 172 18. CondenscItTM Page 173 Page 173 you expand on why they're going to be ponds instead of I while he's lookang for that'~ 2 parks'~ 2 MS APPLE NO 3 MS BLANKENSHIP one, we believe it's an 3 MR ENGELBRECHT okay While he's looking, 4 amenity to the subdivision And, two, it acts as a 4 I'll carry on with some of those questions Ms Apple had 5 detaining -- as detention for all that water What we 5 In regard to the pond areas, you had indicated tho.x arc 6 propose is a trail system that runs in and through and 6 going to be linked by a series of trails'~ 7 around the park -- the lake ~stems 7 MS BLAI,,KENSHIP That's the retention, ngbt 8 Th, s pocket park, tht~ one, this one, this one 8 To link the school site, the neighborhood center, and thc 9 is partially with the -- also w~th some intended ball 9 park systems with a series of trails that go in and around 10 fields '[his would be a small lake Thtswouldhea 10 the big lake, the small lakes, andjusthnksuptbc 11 small lake with the intended park area 11 system as approved on the concept plan 12 MR RISHEL why don't ',ou go ahead and remove 12 MR ENGELBRECHT All right Then will tbc~c 13 that other docmaent and we can ktnd of pull m a little 13 pond areas have any sort of amenities at them, park table 14 closer on that That's great 14 or is it simply -- 15 MS APPLE okay In response to my first 15 MS BLANKENSHIP well, there's an overall 16 question, how many pocket parks were originally planned16 neighborhood center which will be an amenity c~.ntcr In 17 number-wise? 17 so far as the trail systems going in and around I don't 18 MS BLANKENSHIP Originally planned~ 18 have specifics on that 19 MS APPLE That y'all haxe revised now to 19 MR ENGELBRECHT Right now you're just 20 ponds I guess I'm thinking numbers 20 looking at those being a water holding area sort o[' w lth 21 MR ENGELBRECHT Mr Relchhart wants to make 21 the pond9 22 a comment 22 MS BLANKENSHIP with the trail system and 23 MR REICHHART The concept plan I think 23 landscaping 24 identified three or something but it was just a concept24 MR ENGELBRECHT That gees through ii 25 that they were going to have pocket parks scattered :25 MS BLANKENSHIP Right Page 174 Page 176 throughout their development and I don't think them'e was I MR ENGELBRECHT Okay When I said arm. ntty, 2 any clear dehmtion as to exactlx what that meant It 2 I was thinking about a park bench 3 might have you know -- people rmght ha~e thought one 3 MS APPLE Park benches, picnic tables 4 thing or the Oth~ and that s v,h', staff made the 4 MR ENGELBRECHT A picnic table, right One 5 determmataon that a wasn't that that It was more of a 5 little piece of play equipment 6 minor revision just to be noted that these are moro ponds 6 MS BLANKENSHIP I'm sure those are being 7 I think you mentioned that there s going to be walking 7 considered 8 areas arOund them 8 MR ENGELBRECHT But you don't kno'~ at thy, 9 MS^~'eLn tguesslt',~oulddependon~fyou 9 pomtmt,rne Okay Allright Yes, Mr Reichhart, do 10 had chddmn who wanted green space to play retire' than 10 you have an answer to that or are you still working on 11 water areas since you've alread~ got a rather large lake 11 that one9 12 So I guess that's my question Hoxx many green space areas 12 MR REICHHART One of the proposed retention 13 do you have since w~ now haxe so many ponds? 13 -- the southern one that was pointed out, is ident~hcd as 14 MS BLANKENaHIP tn addition to the ponds 14 a retention and lake, a total of 5 7 acres It looked 15 then th~ are tlm:e areas that are designated as -- I 15 like about one-third and two-thirds so I'm saying about 16 don't want to designate them a~ ball fields but they're16 2 5 acres there which would give us a dry park % ~t 17 play areas It's not been decided ,.,,hat's gumg to go into 17 would be a total of 8 5 acres, somewhere around thurs. 18 thoseyet Thislsoee Tluslsasecondarea Andthen 18 MS APPLE 8 ~ acres out of 400 acres'~ 19 a third area Is up near the top et the hdl 19 MR REICHHART correct 20 t~s ^~,~ And what s the total land area of 20 MS APPLE okay Thank you 21 those three parks? 21 MR ENGELBRECHT Are there any other 22 MS BLANK~NSHIP I don t recall I know it's 22 questions for the petitloner'~ It appears not Thank you 23 increased frem the concept plan 23 Is there anyone present who would like to speak m favor 24 MS A~P~.~ Mr R~chtum ,s lookang for that 24 of th~s petition'~ Anyone present to speak in fa',or of 25 MR £NO~CBRI~cH'r DO ) OU have other quesuons 25 thts pet~tlon'~ PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 173 - Page 176 19. CondcnscltTM Page 177 Page 179 Idoha,.cacerdfromanlnd~vldualwhowlshcs I ram d~d wc act for thc ficld Sov~keeplt Ipulted 2 to speak lu opposition Patncia Brown And if you would 2 what I could find of my records I haven't found moth,.r s 3 please 81ye us your name end address for the record 3 yet In 1986 on Fcbroary thc 3rd, we had six inches 4 MS BROWN rm Patncia A Brown We've got 4 ram 1987, May 28th, wc had six and four-tenths In 5 anowgl~addreas 'fbe mad-out went to Route 2 but I'm 5 1990,$anuary19th, we had l l and four tenths I',clost d now 4300 Johnson Lane It's $ohnsoa Lane It was Route 6 one of my calendars But, anyway, I'm losing my tan~. 7 2, Box 319, AT. lc, Texas I fclt I had to come No eric 7 MR ENCiBLBRnCH'f YOU havca minute left 8 knows ~cept those that have experienced the water that 8 MS BROWN That we had 11 and three-tenths m 9 flows from those v. vo lulls, south/southeast 9 less than 12 hours And some of these are m an isolated 10 lhaxebeentlm'o48years Mrs Smtthand 10 area as far as ramfall is concerned It is ensier to 11 berdaughterha'~ebeenth~relonger Thayongmally 11 handle But sonm of it is m a wet season and you ~c had 12 hved on the farm that I now live in, that I've lived for 12 two inches thre~ days before You've had three roches 13 48 years, I'*.e been on that farm Thay have been.lust 13 you follow that Ifs an accmnulation Everything ~s 14 east Mr, Hughes ts across the road from us This ts my 14 full Do these lakes are they going to be sufficed.at'~ 15 fence rosv Houses are gem8 to be lining my fcncc row 15 You turn it from thc b~g lake across into Graveyard 16 Whenlsay m2, '/hat's me and my sisters Wemhented 16 Branch somebodylsgomgtosuffersomewherefronlth~ 17 from our parents We have hved there We have learned 17 if it doesn't work I want everybody to be put on notice 18 to adapt We has · made plans We have terraced We have 18 that tt is there We have a parlicular weather panern 19 tanked Wehasedonetohve~thwhatMothorNaturoputs 19 that is just for th~s particular area It sounds strange 20 upon us 20 but untd you've lived there you do not know 21 This Is sometlun8 new entirely It will be 21 We've got five hills We've got Crawford 22 something new to haYe to learn and adjust to We don't 22 Hdl We've got the Bald Hdl We've got Pilot Knob 23 know what or ho',', we will have to adjust But I do want 23 We've got Long Point And it all accumulates It's 24 the people that me domg tha development, IwanttheClty 24 weather We've got wmd We've had cyclones 25 of Denton te knox,,,, them is an extreme amount of water 25 MR ENGELBRECHT we've got five nurtures too Page 178 Page 180 I They may lfian lt and handle tt well Idonotknow If I Msnaows okay But I'm gemg to have to 2 ~t isn't tbere v, fll be flooding Denton will be known 2 tell you that I do hope that they do - that they can 3 for fioodmg 3 accomphsh what they wish to accumphsh But 1 do x~ ant 4 If those houses .lust west of us along the west 4 y'all to know that it needs to have careful cons:derauon 5 fence row, sxluch is not what they're talking about 5 MR ENGBLBRECHT I understand Any 6 de~eloptng muned~atel) they will be the terrace or the 6 questions? Thank you Thank you I do have a couple of 7 levy to keep it from gemg onto our farm Tbe house has 7 cards of m&viduals who wish to mthcate their oppos~t:on 8 never had a flood on it The barn lot behind tho house 8 but not speak and I will cover those momentarily Is 9 used to stand In v, atcr When the Smiths lived there, it 9 there anyone else who would hkc to speak in opposmon to 10 happened M) rather and the man that owned that land 10 th~s petmon? Anyone else present to speak in opposu~on 11 termced,it just belund the barn down the road, takes tt 11 to the petition? Yes, ma'am 12 down the ditch That solved that problem that we could 12 MS BASgHAM I m Peggy Smith Bessham I 13 live with tt 13 an adjoining neighbor to Pat I've lived thc~ for os er 14 But ff the houses are put there in place of 14 50 years none of your business how many years exactlx 15 the terrace, either a works real successful and we get no 15 have seen the flood over Highway 377 wluch ts bcs~& our 16 water or it doosn I work successful and the people are 16 place 17 flooded ~that are coming I speak not just for us I 17 Our place comes down to a point and I'm afraid 18 speak for the futura residents that are going to live 18 the dam that they're going to fix ts going to back water 19 them 19 up on our place We're right hero Pat is hem Our :'0 I don t know if all the lakes will carry all 20 place comes down to a point I have sc~n thc water tak~. 21 thc water Sooner or later it can reach a point where: 21 these great lug huge bails I've seen them take them off 22 there's OVerflo',~ Then what happens? I don't know how 22 the fields where -- out of their property and I've seen 23 much tt can take I pulled - my mother always kept a 23 them throw them up on Highway 377 We expect to ha~ e thc 24 calendar of mmfall I have done thc sarnc since hacausc 24 highway flooded several times 25 It'S hoW fellah rem did we ~Ot for thc livestock, how much 25 Of coursc, wc'vc had a drought reccntly but ?LANNIN{3 AND ZONING COMMISSION JUNE 28, 2000 Page 177 - Page 18£ 20. CondonseltTM Page 181 Page 183 I '.x cvc still had roches upon roches m thc last hale bit I north/northwest - northeast, excuse me 2 But I just hope that they have thc people that they're 2 MS BLANKENSHIP Right "l'here's two h tlltnp~, 3 building for, they take good flood dama~ bo:ause they're 3 rtght here and from that point, it flows that wa) 4 gomgtohavett That's all l'w got to say Theynced 4 MS GOURDIE so the water all collects on th~. 5 to know what's going to be happening to thean 5 ready Is that where tt's dramtng to9 6 MR ENOELBRECH~' Stlre Thank you Thank 6 MS BLANKENSHIP AS one of the prop~rt~ 7 )au Finally, I also have a card - and Ms Bassham had 7 owners satd, they put a terrace up and what tt d~ ~. tt 8 gix en us a card and had mthcated she didn't w~sh to speak 8 h~ts the terrace and tt goos north towards Johnson L mc 9 but then changed her mind And that's all right I also 9 and then tt htts the bar dttches and goes along John.on 10 ha,, e a card from Nons Smnh, 5094 Johnson Lane, formerly 10 Lane 11 Route 2, Box 320, Argyle She indicates her opposition 11 MS GOURDIE 15 Johnson Lane an tmprox cd 12 ',v~th a comment about a concern for drainage Is there 12 road9 13 anyone else present who would like to speak tn opposition 13 MS BLANKENSHIP NO 14 to thxs p~tnmn9 In that case given that there was 14 MS GOURDIE It's just a -- 15 opposmon there ts an opportumty for rebuttal Would 15 MS BLANKENSHIP It's barely a two-lan~ 16 the petitioner like to make any comment? I suspect that 16 dzrt road 17 some Comm~sstoners mtght hke to ask you about the 17 MS GOURDIE Are you required to do road 18 drainage tssue and how you've managed that 18 tmprovements9 19 MS BLANKENSHIP SUe Blankcnshlp, once again 19 MS BLANKENSHIP AS of Friday, yes 20 just for thc record Thc dramagc issue, the sglnea of 20 MS GOURDIE Thank you :21 lakes hasn't been completely engineered out but we have 21 MS BLANKEN~/HIP Yes, that was tn the i i x 22 done the see loamer, we've done thc drainage area It's 22 recotmnendattons received from the Ctty of Denton [a,,t 23 ox er onc square mtlc in thc dramagc area coming down 23 week 24 through Graveyard Branch Wc havc a 63 acre lake which 24 MR ENGELBRECHT Mr Moreno ~5 xxfll fluctuate 2 0 to 2 2 feet in elevation to accommodate 25 MR MORENO Yes The retentton pond~ th ~t Page 182 Page 184 for the drainage I you show on your plat are thosc pretty much in tht~r 2 We also havc the series of uddit~onal ponds 2 natural state going to be left m their nature state as 3 I don't recall the acreage oo those smcc they haven't 3 they arc now or are thosc going to bc engineered much hk~- 4 been cotuplctaly designed Wc'vc complied w~th ctm'cnt 4 the C~ty of Denton has bren engineering some rctenuon 5 sub&vmon ordinances and I think that this series of 5 ponds around our conunumty') Dcsenbc what that s ~ tlh 6 lakes will actually decrease the downstream flows 6 going to be 7 Currently, I think thc elevation at the 7 MS BLANKENSHIP '[hc'~'s a stock pond hca. 8 crossing where all th~s drainage, where 90 percent of this 8 And so what on tins particular lake, tt's just dug out 9 dramag~ 8oc~ to now is at an elevattoo of 643 We're 9 a httle bit deeper All of those will be dctenuon pood~ 10 proposing to decrease that water surface clcvatton by over 10 with the exception of thc mare lake wluch is a 11 a foot and a half with this drainage and detention pond 11 retention/detention pond and those will all be cngmccr~.d 12 for floothng 12 up 13 Insofar as hacking up with the lake, as I 13 M~ MO~£$O SO they will be more than 14 said it's a 63-acre lake and it's two-foot deep in 14 something that they are today? 15 ad&t~on to the six-foot rctentton So I'm confident it's 15 MS BLANKENSHIP That's correct 16 not backing up It will be designed properly and 16 MR MOREb, O And could you give us a hnlc 17 according to all subdtvmon rul~, regulations, FEMA 17 bit more detail as to what kind of engmctmng you rv 18 MR ~NOELBRECHT okay Any other comments in 18 going to do to those lakes? 19 rebutmll~forew~gotoquestions? Idohavcsome 19 MS BLANb. ENSHIP '~ell wo'vcdoncan ~0 questions from the Commissioners 20 extensive flood study and that's been approved by thc C ,,x 21 MS BLANkENSHIP VII wait right her~ 21 of Denton currently and as part of our conditional It. ttc~ 22 MR ENGELBRECH'r okay Ms Oourdie 22 of map revision And that's also been sent on We 23 MS OOURDIE aa the property side that's 23 haven't detaded out what the final engmeeanng plans all 24 oorthcast, that earner there that's by one of th~ 24 of those R~ght now n was just -- with all the 25 propcaltea, you said the land slopes to th~ 25 calculations and flood stu&es and how much water ~s PLANNIIqG AND ZONING COM1VIISSION JUNE 28, 2000 Page 181 - Page 184 21, CondenseltTM Page 185 Page 187 I the~ I that kind of rain here 2 taR, MORENO okay Thank you 2 MS BLANKENSHIP Right ORr lakes are 3 MR ENOELBRECHT MS Apple 3 designed using the City of Denton cnteaaa which I be[ ,.x · 4 MS APPLE Oomg back to my question about 4 is 9 6 inches per hour for thc 100 year storm 5 thc grin space and the ponds earlier 5 MR ENOELBRECHT okay All right 6 MS BLANKENSHIP oh, good I might have some 6 ME RISHEL For how many hours? Txso hou, ' 7 more answers 7 MR HOELTING O~,er a 24 hour period 8 Ms APPLE okay In looking at the plan, tt 8 ME RlS~EL over a 24-hour parted Oka:, 9 looks hke tf you were to hvem Phase 1,2, 3,4, or 6, 9 Sothe 11 roches is the 150 year flood right? 10 you would have ample opportumty to be surrounded by lake 10 MR HOELXlNO There Is nothing m the C~t~ o~ 11 ponds, something green, ct cetera It looks to mc like.. 11 Denton designed to that 12 however if you lived in Phase 5 you would have been 12 MR RISHEL Right and we can't handle E 13 relegated to Siberia with nothing for just rows and rows 13 It's going to be tile year 2060 before we get another r ~ 14 and rows of houses with nothing to break up the monotony 14 like that 15 up there Is there some reason wily you did not separate 15 MR ENGELBRECHT [ wonder Ms Blankensh - 16 out your open space areas more consistently across thc 16 I know Carter and Burgess is a respected fLrm and I.o 17 project mstead of all bunched? Like ff you'r~ :n Phase I 17 folks have done an awful lot of good work around EX to, 18 down there, you're virtually surrounded by stuff and then 18 sometunes for Denton specifically they've hind :.ou 19 Phase 5 is just. hke I said. just row after row of houses 19 Have you at all talked to these ladles or any of l. our 20 with no r~hcf 20 represcntauvcs from fins finn or from the pctuloner ~ 21 MS BLANKENSHIP I wouldn't say no relief 21 MS BLANKENSHIP We've just briefly met thc~ 22 There's tope ThEre's a lot of relief up ~ and that's 22 tonight 23 ooeofthoreasoos This is up m tho top of the htll and 23 MRENOELBRECHT ^llnght Iwould 24 it's rather steep up in through those areas 24 encourage you ladies to spend a little time tallang x~ nl 2S MS APPLE BUt lt'S stdl row after row of 25 Ms Blankenshlp about precisely what they've don~ u I·m~ Page 186 Page 188 I houses next to one another and these are small lots 1 of the calculations and also what they're going to do v uh 2 MS BLANKENSHIP Right The reason -- tt was 2 regard to the different roads and that sort of thing and 3 a convoluted kind of proJeCt and it came toga, her 3 when because just because they say tlgy'ro going to pox ~ a 4 eventually but tlm'e was no rhyme or reason at thc tlmc it 4 road, that may be m Phase 5 and you know, we ma~ '~,t ,cc 5 was done except for this works vath the concept plan Thc 5 that for 20 years 6 concept plan was JUSt that, a was a concept plan and it 6 And then again Phase I may como tomorro~ 7 showed areas of the parks 7 And so If you could just sort of inform them - and I ~ 8 MS APPLE t was JUSt curious what th~ 8 sure these ladies ha~e hved out there a long tune Thcx 9 thinking was 9 know everybody and they'll get the word out to ex er~ c :~. 10 Ma BLANKENSHIP Right We put together a 10 else I think sometimes It helps a great deal when thc 11 plan that ,worked vath the concept plan, that comphed to 11 commumty surrounding particularly a development o fi, z, 12 thc concept plan We believe this park up here prowdas 12 s~ze has a boiler understanthng of what's going on 13 one of th~ blglg:st spaces, actually So, no, th~'s no 13 MS BLANkENSHIP we'd be more than happ} t, 14 rhyme or reason as to why there wasn't t4 do that 15 MS APPLE It looks to me hke if I were 15 MR ENOELERECHT [ would appreciate that 16 looking at the project, considering moving there, it would 16 Fear of the unknown seems to be tile most prevaleat tc~n 17 be real hard to convmoe me to live m Phase 5 17 and frequently the other goes away It doesn't appea~ 18 Ms BLANKENSHIP well, you don't have to buy 18 that there are any oth~ questions 19 yoRrhausethore Yoocanbuyaovechere 19 MRRISHEL There are more questions 20 MR ENOELBRECHT COITLr/USSlOners, any other 20 MR ENOELBRECHT oh thar¢ are Yes, do 3eL 21 questions? In ~gard to the -- I know that you folks do 21 have some, Mr Rlshel? Okay Mr Rashel has some 22 extensive stud~cs with regard to the drainage: area 22 MR RISHEL Eventually I'd hke for Mr 23 involved, What sort of rainfall do you account for. 23 Hoeltmg to talk about the drainage situation, but for 24 how~vec? You know. vail your 63-acre lake handle, in that 24 right now as wc look at - I mean. I normally th~nk of a 25 drainage,area, 11 mch~s in slx hours or whatever? We get 25 project as they develop it out, as you have mentioned t PLANN1NGi AND ZONING COMMISSION JUNE 28, 2000 Page 185 - Page 188 22 CondcnseItTM Page 189 Page 191 I slx areas of phasing, that that's the sequence that you*re I Ms Blankeaship? Th~s was your rebuttal p~nod 2 going to develop the subdivision, is that correct? 2 MS BLANKENSHIP I d appreciate the approx al 3 M~ BLANKENSHIP That's the anticipated 3 of thc detailed plan and your conslderaI~on thereof 4 sequence as of today 4 MR ENOELBRECHT Thank l, ou With that th~ 5 MR RIgHEL 1 looks like all the amenities 5 pubhc heanng is closed And do 'ex: ha'~e final stafi 6 are tn Phase 6 So that's going to be a long walt to get 6 reinarks? 7 there Is that how you anticipate that9 7 MS HUOSON The only final staff remark that 8 MS BLANKENSHIP The school and the park are 8 I have to make at this tan¢ Is to note that the amenn) 9 In Phase 6 9 center that they have: planned is in Phase 3 which .eoukl 10 MR RISHEL Okay 10 service a large chunk of Phas¢ 5 11 MS BLANKENSHIP There ts an amenity 11 Let me also grab the concept plan because it 12 center -- 12 also shows the adjoining park area that is currently, under 13 MR RISHEL IS this a five-year development 13 construction m Willow Lakes West and Argyle Tlus ~ 14 OrlSthlsa20-yeardev¢lopfflentorhowdoyotls~thts9 14 Phas¢l ~n Argyle that Ms Blankeashipwasreferrmgto 15 It depends on how it sells9 15 As you can s~c a great deal of it is open space, park 16 MS BLANKENSHIP It's over five years and 16 area 17 probably less than 20 I don't know exactly how long 17 Ther~ is also the park area ~ that is along 18 It's probably about a ten-year development But In terms 18 in the Willow Lakes West area along with their park h~r~ 19 ofamenlttes, ourPhase ! lsactuallytnconjunctlonwlth 19 Ireahzethatlt'snotascloselnhnearfeetasltls 20 a portion of Phase 1 tn the City of Argyle where there's a 20 to other pomons of the park however, the park up her~ 21 large ameruty center 21 at the top is hsted as an active park which means that, 22 This will all be one homeowner's association 22 has more amemties than some of the pocket parks that 23 There's a large amenity center with the creek still going 23 be in the earhe phases And I wdl he here to ans'eer 24 down through So the Phase 1, we're looking at it as this 24 any other questions that you ha~e 25 and the portion of Argyle as a Phase 1 In terms of 25 ~a ENOELaaEc~rr Mr Rlshel Page 190 Page 192 I amontues i MR RISHEL Yeah I'd like for Mr Hceltlng 2 YOU also havo In Phase 1, you have the cr~k 2 to address our dramag~ sltoahon if he might, as a staff 3 going threagh there with the channel A portion of the 3 coannent I think Mr Hccltmg has had se~eral SltUauons 4 lake will have to be built with Phase I There's two lake 4 and looked at the drainage with the client and the 5 pocket parks and a play area 5 petitioner And if you could explain to our audience 6 MR RISHEL okay Thank you 6 people what we tv/to look for and '.,.,hat 'e'e try to do m 7 MR ENGELBRECH"t MS Apple ? improving both the re~ntlon and the bar ditch situat~oo 8 MS APPLE. I gUeSS tO sort of piggy back his 8 so that water is going to be camcd off and channeled 9 queStion, your answer to me about Phase 5 not having any 9 properly That m~ght help us a little bit 10 open space; was that there was n large park near there, but 10 MR HOELTrqO okay Let's just start off a 11 that's In Phase 6 which would obviously come after Phase 11 httle bit with -- 12 5 So how would a park that's not coming until a later 12 MR ENOELBRECH~' could ~,ou look at the map 13 phase halp' the people m Phase 57 13 and make sure that -- I mean, leek at the overhead Yeah 14 MS BLANkENSHIP To be hencst, thePhas¢ 14 thcrcyougo Make sure we're on therc Thercyouar~. 15 probably 4, 5, and 6, ~ aren't real sure which is really 15 MR HOEL'I'tNO This outline down hem in gre,.n 16 4, 5, and 6 But at thc time -- 16 is basically the 100 year floodplain as depicted on th~. 17 MS APPLE nut we have to know that In order 17 current FEMA map Now this is an approximate floodplain 18 to make a deolslen 18 and hasn't been studied in detad When thay come in to 19 Ms BLANkENSHIP sight The City of Denton 19 develop an area like this they're required to do a more 20 requested that we guess which phaseS would be coming 20 detailed study -- 21 on-hne neXt I don't believe our cheats have done a 21 MR RtaHEL It'S been studied by Mrs Brown 22 marketing study of which one -- it depends upon product 22 MR HOELTINO Right A more detailed stud~ 23 type, I hahcve 23 to detornunc where thc 100-year floodplain is and we ha,,~. 24 MR. ENOELBRECHT Ally Other queStions, 24 a large map that sort of shows that and I don't really 25 Commissioners It would appear not Any final comments, 2~ want to get into that now But in this particular area PLANNING AND ZONING COMMISSION JUNE 2g, 2000 23. Page 189 - Page 192 CondonaoItTM Page 193 Page 195 I down bore, they ar* basically encompassing all of the I 377 When Johnson Road itself Is upgraded, whatc.,er typ~. 2 100 year floodplain as it actually exists Th~s 2 of drainage comes through thc existing right-of-way will 3 particular cre~k comes tin.ugh hem and it actually gl:~s 3 have to be addressed at that polnt It might be that wbcn 4 furtber south What they're proposing Is a thv~gmg 4 they get through that, ff it Isn't physically possible to 5 channel through this area to bnng the water over to thc 5 do the drainage lmpro',ements or It's too far to get that 6 pond area In high flows The low flows wdl continue to 6 to the creek or they can t get the off site Improvements 7 go through Argyle 7 or eas~nents done then they'll have to do detention 8 This large detention basin serves multiple 8 MR RISI-IEL So you're telling me that this 9 purposes One, it detains or hmas tbe increases In flow 9 northern part is still under s~udy Is there any way thc 10 off the entire subdivision to existing conthtmns as they 10 bar thtchmg lmprox anent could help th~s s~tuat~on'~ 11 are today They've also provided more pond area than tho/ 11 Mn HOELTI\O It may help that situation m 12 really need because thc opening under tho rmlroad and 377 12 th~s nmned~ate area but ),ou're increasing flow on a 13 ~s a very small opemng, so they reduced the flow to 13 downs~'eam properly at some point E'~en though we may 14 reduce the amount of flooding that would occur on 377 and 14 improve th~s there there s an ex~stmg pipe and Johnson 15 the railroad track 15 Road turns and ~t's In th~s corner there's an existing 16 So they've, quota, over detained to accomplish 16 p~pe that's under size It obviously would have to be 17 flint because, typically, they would have to do 17 improved to keep the road from flooding But now we 18 improvements her~ because of the inadequacy of the system 18 contmmng to pass the flow downstream 19 This whole study was reviewed by the City of Denton and 19 Nox~ our orthnance basically states that if 20 die engmser for thc City of Argyle And Argyle had 20 you bring drainage m an underground pipe system to a 21 concerns about thc increases m flow and that's wbem the 21 creek we haxc no oumght detention pohcy that says yon 22 idea of this large detention pond came in 22 have to detain 23 This has been submitted to F~:MA for review as 23 MS RISHEL But the p~pe has to be sized 24 far as the overall cunc~pt to s~ dlat tt fits within tl~ 24 sufficiently? 25 regulations of FEMA and that when th~s is all done, they 25 MR HO~r:rlxu mght to handle the flow Page 194 Page 196 I can approve thc changes to the floodplain as you see slur I Now if the end of the p~pe stops and It's 1,000 feet to 2 with the City of Denton 2 the creek th~ ba',e to make off-site ~mprovemetns to 3 As Ms Blankenship indicated, that portion of 3 accommodate the increase tn flow or obtain a drainage 4 the subdivision, there's a large hill here and most of 4 easement to sufficient or wlde enough to accommodate 5 this water does dram in an easterly direction The 5 that large area or do a detention So, really at this 6 series of roads that you see here on the very edge of the 6 point this has not been -- it's been addressed by a nntc 7 property along with internal roads will capture all the 7 and before the', get a final plat they would have to do 8 runoff that comes m this direction Bring It down to 8 one of those three optmn~ 9 the series of lakes and then be detained before it leaves 9 Ma PUSHEL okay So xve may yet sec th~s 10 off-site i0 again in another form Is that what you're talhng me'~ 11 So, basically, these -- just the back parts of 11 Ma HOEL'rlxo Quite possibly you may see 12 these lots will continue to drain onto this property So 12 and I don t know ii' it ha~ to go back through a detaded 13 water that used to come off this entire property this 13 plan ti' they put a pond up here but that's something that 14 threetion, basically used to flow m this pattern, now 14 maybe the apphcant can address They're well aware 15 wlllflowthispattem So we're decreastng the amount o 15 thatlssue It ~ m tbe notes and that's why l'm 16 flow on this property 16 speaking to ~,ou about It today 17 Now, what really hasn't been addressed fully 17 Mm msaEL 'that s why I wanted you to speak 18 at this point, the preliminary plat stage, and it's 18 to us because I wanted our audience and our non-res~dents 19 addressed in a note is that the drainage that comes m 19 of Denton to feel better about wbem we are going And I 20 this northeasterly corner, there's several options a 20 don't know if they feel that way yet I know I don't feel 21 personhas One, they can do the u'aproven~nts to the 21 thatwayyet I d hke to sec a hnle blt more color up 22 existing drainage system or they can get an off-site 22 there I think 23 drainage easement to handle the increase tn flow Or the 23 MS. UO~C'r~O tn answer to th~s pond, them 24 third option is to do a detention to detain the flow 24 is gemg to be a berm along ti'us side and probably 25 Johnson Creek tums and goes in th~s type of du'ect~en out 25 wherever - ll~s is tn a more detaded plan with the PLANNING AND ZONING COIvlMISSION JUNE 28, 2000 Page 193 - Page 196 24. CondensoltTM Page 197 Page 199 I conthtional leltor of map revisions submlttat to FEMA I MR ENGELBRECHT Mr Rc~chhart, do you ',~ ant 2 'rhea: vail bo a spill way Our ordinance requires that an 2 to address that? 3 emergency spill way be set at the 100-year l~el such that 3 Mi{ IIEtCHHAIIT yeah Tints Is a zoning 4 ti any of tim outlet works gets plugged, tf we have any 4 document We're approving a dctaded plan There arc 5 1 l-tach ram suam~, we have a mechamsm emergency relief 5 drainage studies that are rcqtured ua do that By th~. 6 to got that water out downstream such that tt doesn't 6 t~me we get into final plat, they may have to change. 7 flood any of the adjoining propertms or these houses 7 of the configurations of some of these lots 8 And that's a condttmn of our subdtwston rags that they 8 If that's the case they Il have to come back 9 build It that way 9 and get revised detailed plans to do that But based on l0 MR RISHEL AS yOU look at It sounds to me 10 the drainage reports they've submitted and the 1 ! hke the separation, as we look at the map here, ts 11 calculations and all the stuthes that we've reviewed x~ · 12 somewhere between the park area and tim sebool area as 12 behe,,e th~s dramagn study d~es adequately address 13 th~s hilltop comes through there And from that area that 13 concerns and we will get more detaded mformatmn a, 14 would bo that separation on north from them, is that 14 go through the platting process 15 300-foot or 200-foot or 500-foot9 What would that 15 I mean the real questmn ~s - I mean, the 16 distance be? 16 drainage ~s a major concern on any development m~d 17 MR HOELT[NO L~t me see If I can find that 17 to be addressed but the underlying ~ssue ts the 18 MR RISHEL Or am I wrong on whore a would 18 confomuty w~th the concept plan and looking at thl~ 19 separate, where th~s htlluap split comes tn? 19 remembering that It Is a zooms doomneat 20 Mil HOI~LTIHCl This ts where that hilltop, 20 Mil tuSHEL Right No, I know that the 21 there's a big htlluap here and this is this flow from 21 Carter and Burgess people are more than capable of 22 there And I don't know what scale we're at 22 des~gmng somedung that's gems to be more than adeqoat~ 23 MR RtSHEL $O the school site ts in fact, 23 for the neighbors that they have whether they're Denton 24 kmd of die dividing line tlmre9 24 cmzens or not 25 MR HOELTINO ynah, that's what ~t looks 25 And I apprecmte Mr Hoeltmg gems through Page 198 Page 200 I like I the process that we gn through ~n looking at how ',~ c 2 MR RISHEL The school site IS on the top Of 2 dcxelop lakes and detention and flows and calculat~on~ md 3 the hill? 3 whatever else And Ive gone through that process ',~ tth 4 MR HOELTING Right 4 h~m several times I know he's very good at It and ~s a 5 MR RISHEL And SO IS that 500-foot or 5 watchdog for us m making sure that we don't create 6 1,000 foot that would dram to the north? 6 problems In those areas So I epproclate that and I hop~- 7 MR HOEL'IiNO [t looks hke about 1,000, 7 that our neighbors to the north hem apprecmte wber~. 8 about 1,000 feet, 1,:200 feet 8 we re trying to go It doesnt sound hke everything ~, 9 MR RIgHEL 'that's quite a blt And what ts 9 dc,,eloped on th~s and there ts going to bo other thmg~ 10 the drop tn clevatton from where the top of the tope ts Ua 10 that are forthcoming 11 the average height of the road on the north end? 11 Ma HOELTINO I would Just say that many 12 MR HOELTING Roughly 715 down to It looks 12 umes we approve a prehmmary plat w~th thc condmon 13 hke 50 f~t 13 that tn order to do that improvement, you'll need to 14 MR RISHEL SO yOU get some pretty good 14 the off s~te easement the detentmn pond, or do the 15 velocay? 15 ~mprovements And we basically will not h'y to bring 16 MILHOELTINO We'regnmg from715at the 16 something reconunendapprovalofa final plat untd x~,. 17 very top of tho hill down to 655 so that's actually 60 17 ha'~e those documents m hand and assured that the ell 18 feet 18 property owner has agreed to whatever types of 19 MRRIgHEL okay Soynu'vegntapretty 19 mipre',enmntshaveboenmade 20 good s~ze of volume of area that you're draining and then 20 And I know there may have been instances x~ 21 a pretty good size elevation change them which amounts to 21 that s taken awhflc and wc get pressured to try ua approx 22 a pretty good velocity of water flow that's coming through 22 something but, certainly that's what we try -- we arc 23 them I'm a httle ba surprised we're being asked to 23 basically doing before we approve a final plat is ir)mg 24 approve something at this stage without having qtute 24 to get those documents m-hand At least get the 25 considered all the ramtficatuans Cio ahead, please 25 signature of the owner that he's going ua comnut to that PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 197 - Page 200 25. CondongcltTM Page 201 Page 203 I caseracnt otherwise, we have to go ~o Plan B I thc park m Phase 6 which to me is at thc very end o[ ~1~ 2 MR R[SHEL Rl~t ~nk you, s~r 2 proj~t, and as shc smd ~ haven't ~cn made up 3 MR ENOELBRECHT Any O~ questions for ~ 3 minds yet which ~s going to ~ 4 5 and 6 m what order 4 H~Itmg? ~ H~hmg, eno, you made co~nt of 4 I would hko to off~ a friendly amongst ~ ~e mol~on 5 some~mg I want to ask about now You ~ about ~ 5 ~at ~at park be put ~n place -- y~ I ~s maybe 6 wa~ basically being channel~ do~ ~os~ s~ m ~t 6 d~mg Phase 4 Y~h, d~ng Phase 4 7 subd~wston ~ we going to have und~o~d s~ 7 MS HUOSO~ If I may mt~pt at ~S po~nt 8 ~am? 8 ~s ~s going to be a pubhc park m~nmg ~at thc 9 MR HOELT[N~ Y~h fl W~II b~ an und~ound 9 d~elop~ ~s not going to budd ~t and I don't think ~h u 10 syst~n so al fl~ pmnt m which il exc~s ~ s~t 10 we can hold tho dex elop~ to something ~at wdl b~ ~1~ 11 capac~ ~'11 haw to put ~t und~o~d 11 C~ of ~nton's ~u~mcni to budd 12 MR ENOEL~RECHT Rl~t Okay ~1 n~t 12 MS APPLE oh no one menuon~ ~at d~m~ 13 V~ good ~ank you Any o~ qu~tions? App~ not 13 all ~ls co.sc of d~scuss~on That would hav~ bran 14 Any f~ qu~tlons for Ms Hudson or o~ s~ff 14 helpful 15 m~b~S7 App~rsnot Ifno~,a~anyco~n~or 15 MS HUDSON lmso~ Y~s ~lJsapubhc 16 amotlon? ~ Rlshol 16 park ~s~sapubhcpark Allofthoo~a~sar~ 17 MR RISHEL I would haft lo mak~ a motion 17 pnvalc 18 I movo ~at wo ~o~oad approval of Z 99-100 18 MS APPLE Thank you 19 MR MORENO 111 s~ond 19 MR ENOELBRECHT okay Any o~ qU~SHOnS 20 M~ ENOELBRECHT it'S b~n mov~ and s~on~ 20 for stuff or discuss~on on ~c mouon? ~'s no olh¢r 21 m ~o~d approval Is ~ discuss~on on ~ mouonO 21 &scussion? Vot~, pl~so Mouon cam~ 4 I ~ank 22 Ms Appl~ 22 you Ms Hudson 2~ MS APPLE I 11 bo voting against ~ motion 23 (COMM[SS[ON~ APPLE VOTED IN OPPOSITION) 24 b~auso I w~sh th~ was mo~ ~n spac~ m ~al phas~ up 24 MR ENOELBRECHT W~'II mov~ onto Agenda hem 25 ~ ~at conchs me 25 17 which Is hold a public h~rmg and cons~d~ng P~o 202 Page 204 ] MR ENOELBRECHT YO~ ~vlng ~do ~at 1 a ~on~endatlon Io C1~ Councd conc~mng a zomag 2 cement I would ask ~ R~c~ a qu~on or Ms 2 ' 30 ac~ from P~nn~ ~lopmcnt 3 Hudson a question about park spaco and ~r ~ul~ 3 A~lcul~l to a L~t Indusmal zoning thstrlcl 4 for prowdmg park spac~ 4 , ~s l~at~ approximately 600 f~t souih ~ M~ REICHH~T If I ~b~ n~t, ~ 5 thc of Umv~s~W Drive and ~sch Branch 6 ~c~ what was ~dentlfi~ m ~e concur phn 6 Road park ~s propos~ lm~c 7 M~ ENOELBREC~ IS ~t b~ause of what's m 7 111 c h~nng and ask Ms 8 ~c ~lc C~W hma side? 8 9 MR ENOELBRECHT NO, ~t wouldjust ~t's 9 Ms 10 mclud~ - 10 a~ cons~d~m )lan to ~onc approximately 30 11 MS HUDSON That's what's w~m o~ Cl~ 11 ac~s mt~s~tion of Masch Branch 12 hml~s 12 and Umv~s~ ~vc for ~a~ s~c 13 ~ ENOELBRECHT okay ~auso of ~ 13 P~g4 and A~cul~al phcant ~s proposing 14 dctcnHon pond space bcmg mclud~ 14 c~ngc Io L~ght ~ ar~ 1~ MS HURON Pn~rdy b~usc of ~ s~zc of 1~ proposing a s~cc ~pffustnal ~ ,r ~c s~l~ 16 ~s park right h~ ~t mc ~ab ~e dc~ plan ~1 16 ~ : mdus~al us~ 17 qmck As not~ on ~ {op of page 2 ~ ac~all) hst 17 is w~th 18 ou~ ~c~r act~w and passive park spaces ~ act~ c p~k 18 ~n~n Plan 19 spac~ is hst~ out at 19 ac~ ~d if I ~ 19 : ~c a~ of ~c s~c 20 costly, ~e amount of park hnd ~t was ~u~ for 20 will bc ~ ~c ~ 21 one ~s size ~s app~x~a~ly 8 ac~ So ~ ~ gomg 21 hm~t I o~1 fl~r a~ of ~e ~t~ 30-ac~ I 22 slgmficantly above ~at 22 : ~ffic ~at 23 MR EN~ELBRECHT ~ r~t ~ank you Ms 23 According to ~ apphcant, ~ total floor 24 Apple 24 a for thc site w~ll bo hm~t~ to 376,275 square f~t 25 Ms ~PL~ Smco ~one ~s mf~ng ~ 25 a max~ of 125,425 squ~ f~t for office and PLA~G A~ ZO~G CO~SSION ~ 28, 2000 Page 201 - Page 204 26. ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 205 TO PROVIDE FOR A DETAILED PLAN FOR 378 1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 174 (PD-174) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF JOHNSON LANE AND JOHN PAINE ROAD WEST OF FORT WORTH DRIVE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-100) WHEREAS, on June 15, 1999, by Ordinance 99-205, the City Council approved a change m zomng for 396 7 acres of land to Planned Development 174 OPD-174) Zomng District, and WHEREAS, on December 19, 1999, Carter & Burgess Engrneenng, on behalf of WyrmeYJackson Lakes Development, submitted a Detmled Plan for 378 1 acres of land located w~tban PD-174 w,th the intent to develop single family residences on a variety of lot razes and open spaces, and WI{EliAS, on June 28, 2000, the Planmng and Zomng Commission recommended approval of a Detatled Plan for such 378 1 acres, and WHEREAS, the C~ty Cou_ncH finds that the Detmled Plan is consistent w~th the approved Concept Plan for PD-174, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance No 99-205 prowdlng for the approval of a Planned Development Zoning D~stnct Classfficat~on and Use Designation for the property described as PD-174 is amended by approving the Detailed Plan attached hereto and incorporated hereto by reference as Exhibit B for 378 1 acres located wtthm PD-174, more partmularly described by the legal descnptmn attached hereto and incorporated here~n by reference as Extub~t A, subject to the following condmon The Traffic Impact Analys~s and ~ts accompanying ~mprovement schedule will be coordinated w~th the Engmeenng Traffic Department SECTION 2 That the previsions of th~s ordinance as they apply to the 378 1 acres shown m the detailed plan here~n approved, shall govern and control over any conflicting provisions, of Ordinance No 99-205, but all the prov~smns of Ordinance No 99-205 as they apply to that remmnmg pomon of the d~stnct not here~n amended, shall continue ~n force and effect and shall apply to the remmnder of smd dlstr~ct SECTION 3 That a copy of th~s ordinance shall be attached to Ordinance No 99-205 showing the amendment hereto approved 27. SECTION 4 That any person vlolattng any provision of tins ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of tins ordinance is violated shall constttute a separate and dmtlnct offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary m hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, wltlun ten (10) days of the date of its passage PASSED AND APPROVED tlns the day of ., 2000 EULINEBROCK, MAYOR ATTEST JBNNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 28. PAGE 2 Exhibit A Legal Descnptxon Being a 396 884 acre tract of land situated in the Wdliam Smith Survey, Abstract 1182 and 1187, the Mary Smith Survey, Abstract 1181, the Spencer Graham Survey, Abstract 468, the Jesse Gazaway Survey, Abstract 480 and 481, and the BBB & CRR Survey, Abstract 158, in the City of Denton, Denton County, Texas and being part of Tract I conveyed by deed to Violet Properties Associates, LP, recorded In the County Clerk's file No 98-019205, Real Property records, Denton County, Texas Said 396 884 acre tract, with beanng bas~s being the most easterly hne of smd Tract I, being more particularly described by metes and bonds as follows Beginning at a V2" iron rod found at the intersection of John Paine Road and Johnson Lane (variable width prescriptive right-of-ways), from which a 60d manl bears North 36 degrees 41 mmutes 03 seconds West, a d~stance of 9 38 feet, sand pmnt being at a northwest comer of aforesaid Tract I and the southeasterly ell comer of a tract of land conveyed as Tract II by deed to H~llwood/McCutchin, Ltd, recorded in Volume 2470, Page 678, Deed Records, Denton County, Texas, Thence North 89 degrees 44 mmutes 44 seconds East, with the general direction of Johnson Lane, along the north hne of smd Tract I, the northernmost south line of sand HIllwood/McCutctun, Ltd Tract II, and the south line of a tract of land conveyed by deed to Albert R Hughes, recorded in Volume 3129, Page 752, Deed Records, Denton County, Texas, a distance of 3083 72 feet to a ½" iron rod found at the northeast comer of smd Tract 1 and the northwest comer of a tract of land conveyed by deed to L Z Brown, recorded ~n Volume 290, Page 382 Deed Records, Denton County, Texas, Thence South 00 degrees 28 minutes 34 seconds West, along the east line smd Tract 1 and the west hne of sand Brown Tract, a dmtance of 2769 75 feet to a 5/8" ~ron rod found at the southwest comer of sand Brown Tract and the northeasterly ~ntenor ell comer of said Tract I, Thence South 88 degrees 19 m~nutes 00 seconds East, along the common hne of sand Tract I and the south hne of sa~d Brown Tract, a d~stance of 2347 45 feet to a ½" iron rod found for the northeast comer of sand Tract I and the southeast comer of smd Brown Tract, smd point lying on the west hne of a tract of land conveyed by deed to W~lliam T Smith and w~fe, Nona Smith, Recorded in Volume 284, Page 187, Deed Records, Denton County, Texas, Thence South 00 degrees 32 minutes 58 seconds West, along the common line of said Tract I and said Smith Tract, a d~stance of 148 29 feet to a 2" ~ron pipe found ~n the northwest right-of-way ofhne of aforesaid Texas and Pacific Ranlroad (a 100 foot right- of-way), 29 Thence South 27 degrees 34 minutes 34 seconds West, along sand northwest right-of-way, a d~stance of 1746 79 feet to the point for a comer on the north boundary l~ne of the C~ty of Argyle as described m document recorded ~n Volume 734, Page 388, Real Property Records, Denton County, Texas, Thence North 89 degrees 48 minutes 34 seconds West over Vmlet Propemes Associates, LP Tract and along smd north bonndary hne of the C~ty of Argyle, passing a north westerly comer of sand C~ty of Argyle at a distance of 4584 09 feet and cont~nmng ~n all a total dmtance of 4609 09 feet to a point for a comer m the westerly hne of aforesmd John Panne Road, Thence North 00 degrees 08 minutes 54 seconds West, w~th the general d~rectmn of sand west hne of sand John Paine Road, a d~stance of 865 79 feet to a pmnt for comer on the common north hne of Hfllwood/McCutch~n, Ltd Tract II, Thence North 89 degrees 58 minutes 18 seconds east, along smd common hne, a d~stance of 21 41 feet to a ½" ~ron rod found for a comer ~n smd John Prone Road, Thence North 00 degrees 06 minutes 45 seconds West, w~th the general d~rectmn off John Paine Road, along the west hne of sand Tract I, and the east hne of sand H~llwoodfMcCutch~n, Ltd Tract II, a chstance of 3640 35 feet to the Point of Begummg and contannmg approximately 396 884 acres of land, Save and except those port~ons specffically dehneated as not a part of thru Detanled Plan as shown on Exhibit "B" thereby contannmg a total of approximately 378 1 acres 30 EXHIBIT "B" 31. ,, ,,,,,:,,,,,,,,,, ,,,, ,,, i~][~ . , ~ ~'~i~l $'i~' ~' i'~ ~ , ,~ 32. 34. t/ / 40. i III ~i Agenda No AGENDA INFORMATION SHEET Agenda Item Date AGENDA DATE: July 25, 2000 DEPARTMENT. Planmng Department ~ CM/DCM/ACM: Dawd Hill, 349-8314 SUBJECT - ZP-00-006 (Atrport Industrtal Park) Hold a public heanng and consider approwng a Zoning Plan to rezone approximately 30 acres from a Planned Development (PD-84) and Agriculture (A) zoning d~smcts to a L~ght Industrml (LI) zomng d~stnct The property ~s located west of Masch Branch Road approximately 600 feet south ofUmvers~ty Dnve A hght industrial park is proposed The Planmng and Zomng Comm~ssmn recommends approval w~th conditions (5-l) BACKGROUND The apphcant has requested to rezone approximately 30 acres from Planned Development 84 (PD-84) and Agricultural (A) zomng d~stnets to L~ght Industrial (LI) zomng d~stnct Th~s zomng change is subject to the Non-res~dentml Interim Regulations and will reqmre the approval of a project plan The proposed industrial park prowdes servme industry uses w~th ons~te assembly and storage In order to hmtt the traffic, the apphcant ~s proposing to hm~t the total floor area to 376,275 square feet, a maximum floor area of 125,425 square feet would be devoted to office and workspace uses and the remalmng would be used for storage/warehouse purposes The subject property ~s located m a Planned Development 84 (PD-84) and Agricultural (A) zomng d~stncts created by the Ordmances 69-01 and 84-123 The proposed development ~s consistent w~th all of the pohc~es of The Denton Plan (see Attachment 1 - Comprehensive Plan Analysm section) S~x (6) property owners were notffied of the zomng request One (1) response ~n favor of the request (see Attachment 3) PRIOR ACTIONfREVIEW The followmg ~s a chronology of ZP-00-006, commonly known as Airport Industrial Park Apphcat~on Date - May 16, 2000 DRC Date(s) - May 25, 2000 P&Z Date - June 28, 2000 ESTIMATED PROJECT SCHEDULE The subject property ~s not platted and would need to be platted prior any development 1. FISCAL INFORMATION Development of th~s property will mcrease the assessed value of the c~ty and county It will reqmre no short-term public ~mprovements that are the respons~bthty of the c~ty P&Z SUGGESTED RECOMMENDATION The Plannmg and Zomng Commission recommends approval ($-0) of th~s zomng request w~th the following cond~tmns 1 To hm~t traffic, the total floor area for the ent:re 30 acres tract shall not exceed 376,275 square feet, a maximum of 125,425 square feet of floor area shall be used for office and work space, and the remmmng square footage shall be utthzed for warehouse and storage 2 Connect~wty to adjacent properties to the east shall be considered and rewewed by staff prior the approval of a project plan 3 L~ghtmg shall be des:gned and maintained as not to sh~nc or d:sturb adjacent res~dantml proper~es or right-of-way and project upward to prevent d~ffusmn into the mght sky OPTIONS 1 Approve as submitted 2 Approve w~th condmons 3 Deny 4 Postpone consideration 5 Table ~tem ATTACHMENTS 1 Phnnmg and Zomng Comm~ssmn Report, June 28, 2000, ZP-00-006 2 Plarmmg and Zomng Commmmon m~nutes from June 28, 2000 3 Draft Ordmance R~espect fully subm~tte~d Douglas $ Powell, AICP Prell by · Director of Planning and Development Deborah V~era Pla~.ner I ATTACHMENT 1 Agenda No PLANNING AND ZONING COMMISSION ,~.n~. .., ... -. ~7' STAFF REPORT Date Subject A~rport Industnal Park Case Number ZP-00-006 Staff Deborah V~era, Planner I Agenda Date' June 28, 2000 Hold a pubhc heanng and conmder making a recommendation to the C~ty Council concermng the zomng change of apprommately 30 acres from a Planned Development (PD-84) and Agriculture (A) zomng d~stncts to a L~ght Industnal (LI) zomng dmtnct An ~ndustnal park has been proposed LOCATION MAP Location East of Masch Branch Road and apprommately 600 feet south of Umvermty Dnve and Masch Branch Road ~ntersect~on Size Apprommately 30 acres Zp oo 006 1. Apphcant / Owner' Joe Mulroy 5001 W Umvers~ty Dnve Denton, TX 76207 The developer ~s requesting a zoning plan approval under the Intenm Regulabons to rezone approximately 30 acres from Planned Development 84 (PD-84) and Agncultural zoning d~stncts to a L~ght Industnal,(LI) zomng d~stnct Currently, PD-84 allows for a m~x of ~ndustnal uses The proposed ~ndustnal park prowdes service industry uses w~th ons~te assembly and storage In order to hm~t the traffic, the apphcant ~s proposing to hm~t the total floor area to 376,275 square feet, a maximum floor area of 125,425 square feet would be devoted to office and workspace uses and the remaining would be used for storage/warehouse purposes The Denton Plan Analyms The Denton Plan shows th~s area to be w~thin a Industrial Center Area These areas are intended to Iocabons for a vanety of work processes and work places such as manufacturing warehousing and d~stnbubng, ~ndoor and outdoor storage, and a w~de range of commercial and industnal operabons Staff finds the proposed zoning to be consistent The Denton Plan, 1 Transportation A Tnp generation W~th the proposed square footage hm~tabons proposed development would generate approximately 960 tnps per day This ~s approximately 80 more tnps or ten percent (10%) more than the allowed tnp generabon ~n both Planned Development 84 (PD-84) and agncultural zomng d~strlcts The ~ntenm regulations require a Traffic Impact Analys~s (TIA) when proposed traffic ~s expected to be greater than 1,000 tnps per day B Access The proposed development w~ll have access onto Masch Branch Road C Road Capacity Masch Branch Road ~s ~dent~fied as a secondary major artenal road by the 1998 Denton Mobd~ty Plan Th~s road ~s designed to be a four (4) lane undivided street w~thout parking, prev~dmg four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of Zp O0 00(-, 2 up to 14,900 tnps per day Masch Branch Road ~s currently constructed w~th two (2) lanes w~thout parking There ~s not a traffic count for Masch Branch Road University,Drive ~s ~denbfied as a primary major artenal mad by the 1998 Denton Mobility Plan This road ~s designed to be a s~x (6) lane d~vlded street w~thout parking, providing s~x (6) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day University Drive ~s currently constructed with two (2) lanes w~thout parking The most recent traffic count for Umvers~ty Drive ~nd~cates that there ~s adequate capacity to handle the calculated trips that could be generated by the proposed development D Pedestrian L~nkages S~dewalks along all pubhc streets are required 2 Utilities Th~s s~te has access to ex~sbng water and samtary sewer hnes 3 Drmnage and Topography New development will be reequ~red to design and construct a drainage system to c~ty standards A prehm~nary drainage study will be reequ~red w~th the submission of a prehm~nary plat The study must ~nclude calculations of the lO0-year storm for all drainage areas on th~s property and any area that drains towards th~s property The developer must ~nd~cate the method by which the run- off will be carried across the property or stored on the property 4 S~gns As per the s~gn ordinance 5 Landscaping Th~s property will have to comply w~th the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 6 Environmental Quality Impacts No environmental negatives ~mpacts have been ~dent~fied January 14, 1969 -Approximately 10 acres of the subject property were placed ~n the Agncultural (A) zomng district and land use class~ficabon by Ordinance 69-01 October 2, 1984 - Approximately 20 acres of the subject property were placed ~n the Planned Development 84 (PD-84) zomng d~stnct and land use class~ficabon by Ordinance 84-123 The subJect property ~s not platted and would need to be platted pnor to any development Zp O000B 3 Not~ce of the zomng request was pubhshed in the Denton Record-Chronicle on June 17, 2000 S~x (6) property owners w~th~n two hundred feet were totaled legal notices and twenty-two (22) remdents w~th~n hve hundred feet were sent courtesy notmes ~nform~ng them of the request (see Enclosure 3) One (1) response has been received in favor of the proposal (see Enclosure 5) No neighborhood meeting was held Staff recommends approval of ZP-00-006 with the following conditions 1 To hm~t traffic, the total floor area for the enbre 30 acres tract shall not exceed 376,275 square feet, a maximum of 125,425 square feet of floor area shall be used for office and workspace, and the rema~mng square footage shall be ut~hzed for warehouse and storage 2 L~ght~ng shall be demgned and mmnta~ned so as not to sh~ne and project upward to prevent d~ffumon into the mght sky I move to recommend approval of ZP-00-006 w~th the following conditions 1 To hm~t traffic, the total floor area for the ent~ra 30 acres tract shall not exceed 376,275 square feet, a maximum of 125,425 square feet of floor area shall be used for office and workspace, and the remaining square footage shall be utlhzed for warehouse and storage 2 L~ght~ng shall be demgned and maintained so as not to shine and project upward to prevent d~ffumon ~nto the mght sky 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone conmderat~on 5 Table ~tem 1 Future Land Use Map 2 Zomng Map 3 200'-500' Not~ficat~on Map 4 Zomng Plan 5 Property Owner Response Zp O0 006 ENCLOSURE 1 NORTH ZP-00-006 (Airport Industrial Park) LAND USE MAP Agenda Date June 28, 2000 Scale None 5 ENCLOSURE 2 NORTH ZP-00-006 (Airport Industrial Park) ZONING MAP Agenda Date June 28, 2000 Scale. None 6. ENCLOSURE 3 NORTH ZP-00-006 (Airport Industrial Park) 200'-500' NOTICE MAP I[200' Legal N°t'ces sent wa Certified Ma'l 6 II 500' Courtesy Notmes sent v~a 1st Class Ma~l 22 genda Date 'June 28, 2000 Scale None ~,~c~.os~ ~ mil a.! i,.. l l...., ., i ,Ii ! II1 i ,t ~ ,I I. ,,:~ 1,,, i, ,,JJ, vi ,,i I,t~ ,, ..,, ![ I1 ,,,, . l.., ,,, t J, I,,..,, J, ,J I. ~ l~jl.~,ti! ,, I, thJ,J 1,,l,J,I LlJh Jilh ~,, i II ! I~ I t ilft ~ ! .,~,l Iii ~ ti ~1 f i, lUll Iilt , ~l , ~ ,,, 1t ,, lit !t It,,I ,,.Ill, t il,, ,'l 1., ,, I ,I,,! i ,,,, ,,i, !., 1,1,. J,i h ,!l J, 8 HEMPH[LL 9403800~ - -~ '00 08.17 NO 319 01/01 ------ ENCLOSURE 5 No'rICE OF Zp-00-006 The Planning and Zoning commission of the City of Denton will hold a publ,c heating on Wednesday, June 2.$, 2000, te consider rezoning approximately 30 acre site located apprommately 600 feet south of of University Dnve (Hw~ 380) and Masch Branch Road, from Planned Development the zontn d;stncts to L~ght industrial (Lt) zomng dts~ct (see map on backside} and A rtculture pO-84) g , - -,- .... a ttaht Industrial pas ( .... The purp,~.,. ,, .... wm start at e 00 p m in the_City ,C~o~rno~ert within two hundred (200) feet of the The pubhc heati.llg,~__,...., Taxes, Because you oW,, ~.r ,- Y how you feel about this McYdnney Sires% ua---,,,, -- sul~ject property, the planning and Zonmg Commission would hke to hear zomng change request and invites you to alfend the pub/lc heenng Please, In order for your opinion to your comments pnor to the date of the public heating (This be taken mia aC, count, return this form withd artlcipatlng in the pubhc hearing ) You may fax It to the ,..^ ,~v nrohlblts you from ellen, dj .ng ~n_t -~,~-ess below, or drop it off m.person number located at m~ u,~,--,.., ma planning and Development Department 221 N Eta ST Denton, Texas 76201 Attn Deborah Viers, planner The zoning proCeSS Includes two public hearings designed to prowde opportunities for citizen meant prior to the pubhc heanngs, landowners wlthm two hundred (200) feet of involvement end ¢.o the subject property are .,~,, ..... The Co CounCil for zonmg petition is forwarded to the City he Plarm~ng and Zomng CommiSsion emiSsiOn Is Informed of the percent of held before, t ~ --- ,.. ^,.,.~tbon Second, the responses tn, suPport anu ~- v~.~--- recommends approval ShoUld the CommiSsion recommend final action i~rowd~ng the commission City CounCdl If owners of mom than twenty denial, the petitioner may then appeal the request to the submit written opposition, then six (20) percent of the land area within two hundred (200) feet of the site of the City Council are required to approve the zonmg change T~eae forms are out of seven votes ~er~entage of landowner opposition used to cel;ulate the please circle one' ..~ ~~-'~ Opposed to request n favor of request _____ ...~/ Neutral to request / Maihn Address - 4' .... ~elep~ne Number ~ / _ ~- . Physl~l ~dress of Prope~ ~hln 200 feet CIT~OPDENTON, T~$ Cl~ ~LL wEST ATTACHMENT 2 2( easement otherwise, we have to go to Plan B the park in Phase 6 which to me is at the very end of thc 2 ~k MR RISHEL Right Thank you, sir project and as she said, they haven't even made up thru 3 '~ MR ENOELBRECHT Any other questions for 3 going to be 4, 5 4 M.r Hooltlng, one, you made comment of 4 offer a friendly amendment to the n 5 I want to ask about now You talked ~ 5 park be put In place - yeah, ! guess 6 ~ being channeled down those si in that 6 Yeah, dunng Phase 4 7 7 If I may 8 drain? 8 This i a public 9 MR Yeah 9 to braid it and thal 10 n which It ¢ the street l 0 we can hold that w~ll b~ th~. 11 11 City of Denton's rex 12 MR Okay All right ,12 MS APPLE oh, ~entloned that during 13 Very good Thank you Appears not 13 all this course of dlscuss~, have been s ~ry 14 Any further questmns 14 helpful 15 members? Appears t comments or 15 it is a public 16 a motions` Mr 16 park Th~s is a All 17 Mil I would hke motion 17 prorate 18 recommend -100 18 Thank you 19 t 11 second 19 ENOELBRECHT okay nons 20 IR ENOELBRECHT It'S been moved 20 for s Ir discussion on the motion? 21 to .pproval Is there discussion on 21 Vote please Motion carries 4-1 22 Hudson MS APPLE 111 be voting against the motlou 23 (COMMISSIONER APPLE VOTED IN OPPOSITION) because I wish there was more green space in that 24 MR ENGELBRECHT we'll move onto Agenda Item there That concerns me 25 17 which is hold a pubhc hearing and considering making Page 2( Page 204 MR ENOELBRECHT YOur having made that I a recolmnendatlon to City Council conccn-nmg a zoning I would ask Mr Relchhart a question or Ms 2 change of approximately 30 acres from Planned Development 3 84 and Agricultural to a Light Industrial zoning distr~ct 4 park space 4 The property is located approximately 600 feet south 5 If I rmnember 5 the intersection of Umverslty Drive and Masch Branch 6 exceed v t was ~deatlfied 6 Road A hght industrial park Is proposed At this Eme 7 IS 7 I'll open the public hearing and ask Ms Vlera to pro~ ld~ 8 8 us with the staff report and recommendation, please 9 NO it ~ 9 MS VtERA chmrman COIlIlUI$$1OE, tonight wc 10 included - 10 am cons~denng a zoning plan to rezone approximately 30 11 MS HUDSON 11 acres located south of the Intersection of Masch Branch 12 limits 12 and Umverslty Drive The current zoning for that s~tc 13 M Because of the 13 Pa s4and Agricultural Theapphcant Is propeslng to 14 detention 114 change to Light Industrial conditioned zoning They arc 15 : of the slz~ of I 15 proposing a service industrial type of use for thc 16 Let me ,16 The DenOn Plan for that area calls for industrial use 17 quick As actually hat 17 That means that the proposal is m comphance with thc 18 passive park spaces active park 18 Denton Plan 19 listed out at 19 acres 19 Th~s ~s the area of the site Hopefully you ; amount of park land 20 wdl be able to sec it The applicant is proposing to tpproxlmately 8 acres 21 hms the total floor area of the entire 30-acre tract to ~ above that 22 hms the traffic that will be generated by this proposed MR ENOELBRECHT All right Thank you Ms 23 development According to the applicant, the total floor Apple 24 area for the site will be hmlted to 376 275 square feet 25 MS APPLE slncc cveryonc k~s mfernng to ,25 bum8 a maximum of 125,425 square feat for office and PLANNINO AND ZONING COMMISSION jUN~ 9~ 9000 Page 201 - Page 204 10. Cond©naoltTM Page 205 Page 20~ 1 workplace The balance of the remaining of the square I here and we would build a road nl here, connect hcr~, and 2 footage the remaining of the square footage vall be 2 basmaily a lot all the way around on thc first phase 3 devoted to warehouse and storage purposes If v~ compare 3 And that's the current plan I haven't worked on th!, 4 this development with the current zoning tins development 4 other phase yet 5 would geoerate ten percent more of traffic that vail be 5 MR ENOELBRECHT NOW when you say cooncct 6 generated under PD SS and Ag zoning 6 where that arrow ~s you re talking about a road going As a part of the notification process, we 7 through thcxe 8 noufled six property owners and 22 residents &t this 8 MR BUSSELL YUS sir and connecting He 9 point of tune, we only received one response m favor and 9 owns flus land also It's vacant right now 10 I would hkc to hand that out to you At this point of 10 MR ENGELBRECHT BUt tt would connect that 11 t~me I would like to turn thc public hennng to the 11 wxth this parcel right here 12 apphcant If you have any questions regarding tbs 12 MR BUSSELL correct 13 development or proposal, I will be able to answer after 13 Mi{ ENOELBRECHT SO we wouldn't have to go 14 the pubhc heanng 14 back on Masch Branch necessarily 15 MR ENOELBRECHT Very fine Thank )ou Is 15 MR BUSSELL well I don't think we plan on 16 the pet~ooner or petlooner's representative presenO 16 connecting that to University 17 MR BUS.SELL My name is Allen Busscll 1 17 MR ENOELBRECHT NO, no I understand I 18 work at Surveyors and Engineers of North Texas 1621 18 understand The other question I have is how come th~,rc ~ 19 Amanda Court, Ponder, Texas 76259 I m here representing 19 no trafthc study given the intersection at Umverstty and 20 ,Ice Mulr0y who's the owner of cas Mechamcal He s the 20 Maseh Branch.7 It's a pretty 21 one that wants to develop th~s site He baslcallx wanted 21 MR BUSSELL ! worked with Dave Salmon qu:tc 22 to develop tlus site to expand his current property here 22 a btt on tiaa! Basically by hnntlng the use and the 23 to a couple of lots over here But the only way he could 23 square footage, we've gotten under the number of counts 24 get this land is to buy but the whole parcel so be did 24 that would tagger that TIA And what Joe had planned for 25 that Our currant plans are to put a road up here to 25 the property was m-hne with those anyway so it wasa ! a Page 206 Page 208 I connect here and basically have light industrial lots off I large tssue to do that 2 of th~s first phase here 2 MR ENGELBRECHT All right My other 3 We're currently the ESA down there on thl~ 3 question ~s I understand that the pettttoner actually owns 4 portion is from flood zona We're currently -- Crag 4 other large tracts tn them Is there any particular 5 Edwards is currently doing a flood study of the area I 5 reason they're not really sort of master plannmg that 6 beheve all the other reformation is there on the sheet 6 whole th!ng at one time9 I mean, it seems to me 7 If you have any questions, I'll be happy te answer them 7 MR BU$SELL Probably Just the cost of domg 8 MR ENOELBRECHT Are there quesuons 8 tt all at one time He's not a developer He's a 9 Comnnssloners9 Where is his current s~te that be ,~ants to 9 business owner He's just busy, I'ln sure 10 -- pomt that out agem Somehow this map seems 10 MR ENGELBRECHT ljust look at the potentta[ 11 MR BUSSELL He IS currently located hem 11 for this whole tract of Ltght Industrtal out hem and 12 MR ENOELBRECHT okay Umvers~ty is off to 12 that's what tt ts And ~t just seems to me that that was 13 the left on thls map 13 really the master plan 14 MR BUSSELL I m sorry I'm used to lookang 14 MR BUSSELL I agree 15 at it 15 MR ENGELBRECHT well, pass that along to 16 MR ENOELBRECHT Thare it !S Okay 16 him, w~ll you9 17 MR BUSSELL It fits better on a sheet hke 17 MR BUSSELL Yes, sir 18 that 18 MR ENGELBRECHT Tell hzm that we're asking 19 MRENOELBRECHT NO no, that'sfine Iwas 19 aboutthat Maybe do some wurk for you I'm not r~.all 20 just - okay, I know where he's at now Okay No',~ 20 trying to drum up work for you as much as I alu trying to 21 you're planmng to connect those two sites 21 look at tt just seems to make sense for the City as a 22 MR BUSSELL well, not really connect them 22 whole that -- 23 but to add two additional building for his company hem 23 MR BU$SELL TO tze everything - to look at 24 And we would do that by creating a road in the first 24 a btg ptctum 25 phase Tho first phase would be ten acres I'm son3 25 MR ENGELBRECHT Yeah, of this whole parcel PLANNINO AND ZONING COMMISSION JUN'F 9a 2000 Page 205 - Page 208 13. Cond~nseItTM Page 209 Page 21 out here which ts all important piece and ts going to be to have around or approximately 960 trips per day When 2 developed m some major way, I'm sure Okay All right 2 you compare with what we wdl have under the current 3 I have no other questions Any otbers9 Thank you very 3 zoning there is a dfffemnce of ten percent, an ~ncmase 4 much Any other questions0 No, it doesn't appear to be 4 of ton percent If we don't hmtt the floor area to th~s 5 Do you have any other comment9 Oh, yes, Ms Apple 5 the traffic can be higher 6 MS APPLE I wag .lust gems to ask you what 6 MS GOURDIE I guess I'm just reathag a 7 kind of architectural your plan is 7 differently than you're saying So I understand Thank 8 MR BUSSELL They're going to be hght 8 you 9 mdustnal bmldmgs I have noted that we'll have brick 9 MR REICHHART Tho condmon ~s to the 10 on the front elevations, but they're light industrial 10 current interim regulations reqmre a traffic impact 11 buildings This still does have to go through the project 11 analys~s ~f you m expected to generate over 1,000 trips 12 plan and be approved through that stage and we'll address 12 per day By hmlong the traffic sorry By hmamg 13 more architectural features at that time We're still 13 the floor area ratios the apphcant has hmlted the 14 pretty early on 14 amount of traffic that can be expected to be generated to 15 MS APPLE Thenkyou 15 lessthan 1000 so then he deesn't have to do a traffic 16 MR ENGELBRECHT Any other questions, 16 ~mpact analys~s It was just - the comparison was just 17 Coirams~loners9 Appear not Thank you 17 g~ven what ~s out them right now The Light Industrml 18 MR BUSSELL YOU're welcome 18 the eD would be able to generate a great deal of 19 MR ENGELBRECHT Is there anyone present who 19 traffic where the Ag that's out there wouldn't but 20 would like to speak m favor of this petition? Anyone 20 combined it's almost a wash 21 present to speak m favor of the petition0 In that case, 21 MS GOURDIE okay And my other questions 22 is there anyone present to speak in opposition to the 22 stdl ~s th~s hghtmg thing Are we dehnlng th~s any 23 petition? Anyone present to speak in opposition9 Seems 23 bet~r m the future or am we gems to continue to use 24 no opposition, the rebuttal period is waived The public 24 th~s, because I think it's not very useful There's that 25 heanng is closed Ms Viers, any final staff remarks'~ 25 new Racetrack on Loop 288 and that house next door ~s just Page 210 Page 212 M8 VIERA NO I wlll recommend approval of I extremely dlmnmated and I don't really know ~f we're 2 Z-000010 I'msorry Let me start all over Staff 2 reallydomganyoneanyserv~cebypunmgthlsmhem 3 recotmuends approx al of zP 00 006 with the following 3 MR REICHHART '[his is oBr recommendatmn 4 conditions to limit traffic, the total floor area of the 4 It's a standard hghtlng deenl we can add about shining 5 entire 30-acre tract shall not exceed 376,275 square feet, 5 on adjacent properties You can modify a any way you 6 a maximum of 125,425 square feet of floor area shall be 6 want I mean I know what you mean about the lummams 7 used for office and x~ork space, end the remammg square 7 showing and such hke that The Development Code wdl 8 footage shall be utihzed for warehouse and storage The 8 address hghtmg but uenl we 8et there we're looking at 9 second condition will be hghtmg shall be designed and 9 another five s~x months that we'll have to do something 10 maintained so as not to shine and project upward to 10 condmonal 11 prevent diffusion into the night sky 11 MS GOURDIE SO the wording you suggested was 12 MR ENGELBRECHT I believe we have some 12 not to shine on ne~ghbonng buddings Is that what you 13 questio~s MS Goarche 13 just smd'~ I'm sorry It's kind of late 14 MS C~OURDIE Thank you I have a 14 MR REICHHART Typically, what we do would be 15 clarification question for you Under special information 15 to restrict ~t on as ~t would shine either off site for 16 under transportation, it says with the proposed square 16 either passing motorists and/or any residential properties 17 footage hmitatlons, proposed development would generate 17 adjacent to tlus I mean eventually th~s wdl probably 18 approxtraately 960, about ten pcreent over And what I'm 18 all be or a good pomon of n wdl be mdusmal even 19 reading ts that the proposed limitation Is what we're 19 the surrounding properties But there's stdl, you know 20 requesting the recommendation to be so we're permitting 20 ~t very easily could be some single-family houses out 21 them to be ten percent ox er the allowed trip generation* 21 there that we'd want to protect 22 MS VIERA If we calculate the traffic that 22 MS GOURDm okay Thank you 23 will be~generated under PD 84 and the Ag zone, tt will be 23 MR ENOELBRECHT Mr Momno, you had a 24 ten percent more ¥, lth the hm~tatton, put m place the 24 questmn'~ 25 hmltat!or, of the total floor area, they are only allowed 125 Ma MORI~NO yes On the trips per day we've PLANNINO AND ZONING COMMISSION ~ '~t '>000 Page 209 - Page 212 12 CondcnsoItTM Page 2131 Page I kept that under 1,000 because we are not going to permit I you 2 more than 376,275 square feet floor area or ts it because 2 MR BUSSELL YOU'I~ welcome 3 two-thirds of that floor area is gomg to be used for 3 Ma ENOELBRECHT conmussloners, any other 4 warehouse and storage? 4 quesuons, comments or a meson? 5 MR REICHHART It's because two-thuds will 5 Ma rttsuuL t d hke to make a motmn 6 be used as warehouse and storage 6 MR ENOELBRECHT Mr R~shel 7 MR MORENO okay So then my question is one 7 Ma RISHEL [ d hke to move to recemmend 8 of enforCement, what's to prevent a future owner from 8 approval of zP oo 006 with the following condmons to 9 converting that warehouse and storage to work areas, 9 hmu the traffic the total floor area of the entire 10 office~, et cetera9 10 30 acm tract shall not exceed 376 275 square foot a 11 MR REICHHART certificate of occupancies, 11 max~mmn of 125 425 square foot of file floor area shall b~ 12 bmldmg penmts I mean, obviously, they could do tt 12 used for office and work space and the remaanng squart 13 illegally, tf that's the issue In order to get a 13 footage shall be utthzed for warehouse and storagt And 14 bmldtng permit, you have to have bmldmg plans and you 14 nmnber two of that would be hghtmg shall be des~good and 15 have to ha',e site inspections which would verify what it's 15 mmntamed so as not to shine and project upward to 16 being btlilt to 16 prevent thffusmn into the mght sky 17 MR MORENO SO tn the event of a remodel five 17 MS ^ePCe second 18 years from now, they would have to conform -- 18 MR ENOELBRECHT It's been moved and seconded 19 MR REICHHART They should be getting 19 to recounnend approval of zP oo 0o6 with cond~Uons Anx 20 bmldmg permits 20 discussion on the motton'~ Ms Gourd~e 21 MR MORENO They have to conform to these 21 MS oouamE treallywouldhketoseetfwc 22 stone conditions9 22 could just add somethmg to that Condition 2 ff that s to 23 MR REICHHART Yes 23 your approval or to shine or lllmmnate on surrounding 24 MS VIERA unless they cmr~e for rewsxons and 24 residential property 25 they will have to start a zomng case agam 25 MR ENOELBRECHT surrounding res~dentml or Page 214 Page 216 I ,nl~ ,~oae'qo start all over agmn Okay I any property 2 Thank ',ou 2 MS GOURDIE well, If it's all Light 3 MR ENOELBRECHT okay Any other quesuons 3 Industrial 4 forMs %era? Ifnot, Ihaveaqueat~an forthe 4 MR ENGELBRECHT Well, there's the road 5 petttloner I know we dtscussed connections to the north 5 MS GOURDIE And the road Okay 6 and south Do you have objecttoo to cons~deration of 6 Surroundmg residential property and the road 7 coaneciton to the east darmg the project plan phase? 7 MR RISHEL If that's a friendly motion, 1 8 MR BUSSELL We'Ve talked to tho owner over 8 would accept that 9 there He doesn't seem to want anything to do with 9 MR ENGELBRECHT okay ¥¢'ho did thc second9 10 anything on thts side I mean, tt's posstble and we're 10 MS APPLE I did 11 sttll pretty early tn the plannmg stages now 11 MR ENGELBRECHT Okay All right 12 MR, ENOELBRECHT I gaess my question is just 12 MS GOURDIE Thank you 13 to leave it ax allable, not necessarily that you'd have to 13 MR ENGELBRECHT okay Any discussion on the 14 put ~t nOw But that guy could well go away 14 motion9 Mr Retchhart 15 MR BUSSELL sa~ 15 MR REICHHART Did you want to make It 16 MR ENOELBRECHT 1 mean for die long range 16 condmon that connecttvlty to the east should be rex ~wed 17 look at this tlung obvtously you're already talkmg to 17 and considered during the project plan or did you just 18 h;m because he made some sense to have that 18 want to put them on notice9 19 MR BUSSELL YOU bet Youbet 19 MR ENGELBRECHT [ personally would ltk[ to ~0 MR ENOELBRECHT SO that's where I'm commg 20 see that I think it's appropriate Connectivity is 21 from ~s some way that we're not precluding it, recogmz~ng 21 tonight 22 that we%e got the guy next door now and he's not 22 MR RISHEL DO you want to phrase that as a 23 interested but he'll go away in tune 23 friendly motion9 24 'dR BUSSELL YeS, we have spoken to hun 24 MR ENGELBRECHT would you be wdhng to 25 Ma ESO~L~P. EC}{? okay All right Thank 25 accept that as a friendly -- PLANNING AND ZONI'NG COblldlSSION JUNE 28, 2000 Page 213 - Page 216 13 CondgnsoltTM Page 217 MR RISHEL if I knew what it was, I aught 3 shall be reviewed and considered dunng project plan 4 approval g MS APPLE 111 Just be happy to do that, 9 too 11 three conditions, one which was modified from lis original 12 fem,, one was added Any discussion on the motion? 13 Appears not Then vote please Motion carries 5 0 14 And, ladies and gentlemen, that bnnge us to 15 Agenda Item -- to the Director's Re'port Thank you, Ms 16 Vlera Agenda Item 18, Council Acoon A~nda Item 17 19, Future Agenda Items And Mr Remhhar~,any 18 comments on these9 20 inform you that he had to leave He will be on vacation 21 for Friday and next w~k and just wanted to let you know 22 that 23 The other thing he had asked me to do is to 24 just ~deatlfy that we do have the new Comprehensive Plans 25 have been published They arc available m th~ Planning Page 218 1 office We arc selling th~n for $30 00 In addaton, we 2 do have a co verslon that we're also selhng Ithink 3 those are going to be $10 00 We hope everybody grabs a 4 copy and really dives into it We really are excited 5 about it That's it 6 MS OOURO[E ~t looks wonderful and 7 congratulations on doing a good job 9 session, the Oty Council has indicated that regarthng the 10 annexation on Sherman for the arena site, that they are I l stdl considering the pessthdity of not doing the 12 annexation, letting the County Development District go 13 underway The final reading of the annexation was pushed 14 back into September to give the applicants more time to 15 answer a few more questions And at that tune, Oty 16 Council can decide to e~ther annex a or drop the 17 annexation procedures That's probably the major issue 19 staff? Comments or a motion to adjourn7 22 you, ladles and gentlemen 23 24 25 'LANNING AND ZONING COMMISSION JIJNn '~ '~000 Page 217 - Page 21~ 14. ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT 84 (PD-84) AND AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT iNDUSTRIAL (LI) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 30 ACRES OF LAND LOCATED EAST OF MASCH BRANCH ROAD AND APPROXIMATELY 600 FEET SOUTH OF UNIVERSITY DRIVE AND MASCH BRANCH INTERSECTION, PROVDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP-00-006) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certmn nonresidential interim regulations (the "Non-residential Regulations"), and WHEREAS, the Non-residential Interim Regulations established, among other things, a zoning plan requirement m the event of a request to rezone property, and WHEREAS, Joe Mulroy initiated a change m zomng for approximately 30 acres of land from Planned Development 84 (PD-84) and Agricultural (A) zomng district classifications and use designations to Light Industrial (LI) with conditions zoning chstnct classification and use designation, and WHEREAS, on June 28, 2000, the Plarmlng and Zoning Commission concluded a public heanng as required by law, aRer whach a motion to recommend approval of the requested change in zomng was approved with conthtxons, and WHEREAS, the City Council finds that the Zomng Plan, with the conthtlons imposed herein, if any, meets the requirements of the Non-residential Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and use deslgnatlon of the 30 acre property described,in the legal descnptmn attached hereto and incorporated herein as Exhibit A is changed from Planned Development 84 (PD-84) and Agricultural (A) zoning district classfficat~on and use designation to Light Industrial (LI) zomng district classfficatlon and use designation and the Zomng Plan attached hereto and incorporated herein as Exhibit "B" is hereby approved, subject to the following conditions 1 To limit traffic, the total floor area for the entire 30 acre tract shall not exceed 376,275 square feet, with a maximum of 125,425 square feet of floor area to be used for office and work space, Page 1 of 2 15 and the remmmng square footage to be utd~zed for warehouse and storage 2 Connectivity to adjacent properties to the east shall be considered and rewewed by staffpnor the approval of a project plan 3 L~ghtmg shall be designed and mamtatned as not to shine or d~sturb adjacent resxdent~al properties or right-of-way and project upward to prevent diffusion into the mght sky SECTION 2 The City's official zoning map ~s amended to show the change ~n zomng d~smct clasmficatlon SECTION 3 If any prov,slon of this ordinance or the apphcat~on thereof to any person or circumstance is held mvahd by any court, such mvahdlty shall not affect the validity of other provm~ons or applications, and to this end the prows~ons of this ordinance are severable SECTION 4 Any person violating any provision oftlus orchnance shall, upon conwctlon, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance m wolated shall constttute a separate and d~stmct offense SECTION 5 This ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby directed to cause the captmn of tlus ordinance to be publlshed,twtce in the Denton Record-Chromcle, a dady newspaper published ~n the City of Denton, Texas, within ten (10) days of the date of~ts passage PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTO]LNEY BY ~~ 16. Page2of2 EXHIBIT A FIELD NOTES w all that certain U'act of land situated tn the W, lham Bryan Survey, Abs~act Number 148, Ctty of Denton, Denton County, Texas, and being all of the remmnder of the called 20 366 acre tract a~ descnbexl m the Deed from Wflham A. Crawford. Trustee to Joe B Evans et ux as recorded tn Volume 795, Page 403, Deed Records, D~nton County, Texas, and the called 10 00 acre tract as descnbed tn the Deed fi.om Mohammed M Aboul-£1a and w~f¢, Jean W Aboul-Ela to Mohamed M Aboul-Ela and Jean E Aboul-l~la, Trustees for the Mohamed M Aboul-Ela and Jean I~ Aboul-Ela Revocable Trust, r~orded tn Volume 3338, Page 990, Deed Records, Demon County, Texas, and the called 5 00 ac~e trast as dasc~bed m the Deed bom Consohda~-d Propemes, a Texas General Pa.rmerslttp m Larry D Hemplmll and ~fe, Ehzabeth A Hempl~,ll recorded In Volume 2058, Page 123, Deed Records, Denton County, Texas, the sublect u'acll being more pamcularly described by metes and bounds as lollows Be_mrmmg aZ the Sol.'thwest comer of the hereto described la'act, the Southwest comer thc satd $ 0 acr~ tract on the West hne of the smd WHham Bryan Survey, Abstxact No 145, THENCE North 00 degrees 44 nurtures 42 seconds East w~th the West line of the W, lham Hemplull Survwy, at a d~stan~ of 217 73 feet pass the Northwest comer oft~ smd 5 0 acre Izmct, a~ a d~stanco of 887 32 pass the Northwest comer of the remamdcr~f the said 20 ~166 acre ~ract, m all a total ,hs~ance of 1323 80 feet to the Northwest corner0f ~e called 10.0 acre tract, TI-IENCE South 811 degrees 53 minutes 49 seconcks l~_aq a,wlth the Nol'th 1111¢ of the md 10 00 acre tract a durance of 1005 2l f~et to the Northeast comer thereof, THENCE South O0 degrees 58 rn,,mtes 36 seconds West *,uth the East hne of the h~tun described tract, at a distance of 440 $8 ~ pass the Southeast comer of the sa,d O 00 acre trac% a~ a distance of 1106 46 feet pass tl~ Southea~ comer of the remamd¢ the said 20 366 acre tract, m all, a total &slanee of 1323 80 feet to the Southeast comer 0fthe smd 5 0 acre tract, TI-IENCE North 88 degrees 53 m,-utes 49 seconds West vnth the South line of rte satd 5 0 acre tract a dmmuee of 1022 53 fe~ m the PLACE OF BEGINNINO 17 EXHIBIT B ~.o, , l,h Jill iP , J~U liil~ !Ill ,h!li , ,1!,,, I, lit m,~: I ,,, ' =' I:111 l,Jil] ~8. Agenda No ~ AGENDA INFORMATION SHEET Agenda Item AGENDA DATE. July 25, 2000 DEPARTMENT. F~scal and Mummpal Services ACM. Kathy DuBose, Assistant C~ty Manager, F~scal and Mumclpal Servlces~ SUBJECT A RESOLUTION APPROVING THE FISCAL YEAR 2001 BUDGET OF THE DENCO AREA 9-I-I-DISTRICT, PURSUANT TO TEX HEALTH & SAFETY CODE § 772 309, AND PROVIDING AN EFFECTIVE DATE BACKGROUND The budgeting proms~ons, which the Denco Alea 9-1-1 District must comply w~th, are considered m the Texas Health and Safety Code § 772 309 (Vernon 1992) In order for the budget to be effective, ~t must 1 be approved by the board, 2 be presented to and approved by the commissioners court of each county ~n the district, 3 be presented to and approved by the governing body of the most populous mumc~pahty m the d~stnct, ~f that mumclpahty has a population of more than 140,000, 4 be presented to the governing body of each part~c~pating j urtsd~ction and approved by a majority of those junsdlctmns The first reqmrement has been completed and the second is ~n the process of being accomphshed The third does not apply to the Denco Area 9-1-1 D~stnct Obtaining the C~ty Councd's approval w~ll contribute to the successful completion of the final requirement For your rewew, a copy of their budget is attached In addition to the revenue and expenditure figures, ~t contmns useful overview, background, and structure mformat~on Agenda Information Sheet July 25, 2000 Page 2 FISCAL INFORMATION There are no costs d~rectly associated w~th the approval of the Denco Area 9-1-1 Dmtnct's budget EXHIBITS 1 Memo from M~ke Ped~go 2 Draft of budget Respectfully submitted Kathy DuBose Asmstant C~ty Manager, F~scal and Mumc~pal Serwces 2 S \Our Documonts~R. esolutlons\00\911 budget doc RESOLUTION NO A RESOLUTION APPROVING THE FISCAL YEAR 2001 BUDGET OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX HEALTH & SAFETY CODE §772 309, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton has been presented the 2001 Budget of the Denco Area 9-1-1 District for approval, in accordance with Tex Health & Safety Code §772 309 (Vernon 1999), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council of the City of Denton hereby approves the 2001 fiscal year budget of the Denco Area 9-1-1 District SECTION 2 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DENCO AREA 9-I-1 DISTRICT P O Box 293058, Lewlswlle, Texas 75029-3058 Phone/TTY 972-221-0911 · FAX 972-420-0709 · Webpage www denco org To Denco Area 9-1-1 D~stnct Participating Junsd~cbons From Mike Peri,go, Executive Director Date June 1, 2000 Subject "Draft" Denco Area 9-1-1 D~stnct F~scai Year 2001 Financial Plan Enclosed for your review ~s a copy of the "Draft" Denco Area 9-1-1 District F~scal Year 2001 Financial Plan The 76t~ Texas Leg~slatura revised the emergency communications dlstnct statute regarding the budget approval process The revision requires the d~stnct to subrn~t a draft budget to participating junsd~ct~ons for comment 45 days prior to board approval After the 45-day period, the board approves a budget for the next fiscal year and submits it to the part~clpat~ng jurisdictions for consideration A copy of the legislation pertaining to the budget approval process and a copy of the board resolution outhmng the Denco approval process ~s ~ncluded ~n Section 5 of the enclosed budget The schedule for the fiscal year 2001 budget approval process ~s the following June 1,2000 The Denco board approves the "Draft" financial plan June 2, 2000 Denco sends the "Draft" budget to partlc~pat~ng junsd~ct~ons seeking comments July 21, 2000 All comments are due at the Denco office August 3, 2000 The Denco board approves the fiscal year 2001 budget August 4, 2000 Denco sends the approved budget to participating jurisdictions ~f changes ara made to the "Draft" budget w~th a letter outhnmg the changes If the "Draft" budget ~s approved as submitted, a letter ~s sent to member jurisdictions adws~ng thern of the approval and requesting approval from the jurisdictions w~th~n s~xty days Please note that the "Draft" budget provides for long-term financial stability at the current rate structure The ~rnplernentat~on of Phase II Enhanced Wireless 9-1-1 Service over the next several years w~ll gradually decrease the d~stnct's fund balance to the level ~t norrnally rna~ntalns In the meantime, Denco wdl contlmJe to provide the most rehable, enhanced 9-1-1 service avadable I request that your jurisdiction review the enclosed financtal plan and prowde any comments to the Denco Araa 9-1-1 District prior to July 21, 2000 Comments may be maded to P O Box 293058 Lew~swlle, Texas 75029-3058 or faxed to (972) 420-0709 If you have any questions or need additional ~nforrnat~on, please do not hesitate to call rne at (972) 221- 0911 Thanks for your continued support of the Denco Area 9-1-1 D~strlct Enclosure 1075 Princeton Street, Lew~swlle, Texas 75067 SECTION 1 PREFACE DENCO AREA 9-1-1 DISTRICT PO Box 293058, Lewisville, Texas 75029-3058 Phone/TrY 972-221-0911 · FAX 972-420-0709 · Webpage www denco org June 1, 2000 Dear Participating Jurisdictions The Denco Area 9-1-1 D~stnct's Board of Managers, at ~ts June 1, 2000 regular rneet~ng, approved the follow~ng "Draft" Denco Area 9-1-1 D~str~ct F~scal Year 2001 Rnanc~al Plan The 76~h Texas Legislature passed House BIll 1984 which changed the budget approval process for Chapter 772 300 senes emergency commumcat~ons d~str~cts The following enclosures are included in the Appendix of the financial plan defining the budget approval process · A copy of the secbon ~n House B~II 1984 that pertains to budget approval · A copy of a resolution approved by the Denco Area 9-1-1 Dtstnct Board of Managers outhmng the budget approval process for the d~stnct The following draft financial plan prowdes for the continued prows~on of state-of-the-art enhanced 9-1-1 services at the same rate that the d~stnct has collected from Denton County res~dentss~nce~ts~ncepbon~n 1988 The emergency serv~ce fee, collected by the telephone serwce prowders ts $0 27 per month for residential, $0 71 per month for bus~ness serwce and $1 14 per month for PBX trunks Th~s fee ~s equal to three percent of the 1988 base telephone rate Denco continues to prowde excellent servtce to ~ts member junsdict~ons at one of the lowest rates ~n the state In addition to the emergency service fee collected by local telephone serwce providers, the State of Texas collects $0 50 per month per w~reless telephone Those fees are remitted to the state The state then sends a port~on of the w~reless fund to Denco based on the d~stnct's percent of the total population of Texas The enclosed financial plan prowdes for continued enhancement of the new 9-1-1 answering equipment and network It ~ncludes the installation of a redundant network hnkmg the two sw~tches that serve d~stnct answenng points It also ~ncludes the addition of 9-1-1 answenng pos~bons at two centers and ~ncreased training services in addit~on, Denco plans to add a 9-1-1 System Manager to be responsible for the design, ~mplementat~on and ma~ntenance of the 9-1-1 system With the cont~nued ~ncrease~n competitive telephone service prowders and the complexity of ever-changing technology, ~t ~s ~mperat~ve that Denco rely more on its staff for d~rect services to answenng points and less on contracting w~th outside ent~t~es The Denco Area 9-1-1 D~stnct Board of Managers and staff continue to seek to provide ~ts member jur~sd~ctions the best-enhanced 9-1-1 service available at one of the lowest rates ~n Texas The d~stnct appreciates the cooperation and support of all ~ts mernber Jurisdictions M~ke Pedlgo Executive D~rector 1075 Princeton Street, Lewmwlle Texas 75067 DENCO AREA 9-1-1 DISTRICT PO Box 293058, lew~swlle, Texas 75029-3058 Phone/TTY 972.221-0911 · FAX 972 420-0709 · Webpage www denco org To Denco Area 911 District Participating Jurisdictions Date June 1, 2000 Subject ~Draff" Denco Area 911 District F~scal Year 2001 Financial Plan Attached you will find an excellent "draft" financial plan for the next year of operation of your Oenco Area 911 D~strlct Your rewew w~ll confirm that the District conbnues to be run responsibly and wisely If you have any questions or comments, please do not hesitate to contact the staff or one of the board members Included ~n the draft financial plan ~s a sh~ff in direction m the prows~on of mmntenance services for the 911 system in pastyears, the technology and the number of teiephone company entRles that served the district has remained relatively stable and Denco has contracted wRh telephone compames for the design and maintenance of ~ts system Denco currently contracts w~th over 50 telephone compames for the prows~on of 911 network and database serv~ces ln Denton County With mcreasedcompebtlon, that number will continue to grow The attached plan prowdes for a 911 Systems Manager to work wRh the district's Information Systems Manager and Public Education/Training Manager to better serve its 12 PSAPs (Public Safety Answering Points) The new manager will bnng a level of expertise to the staff that w~ll allow Denco to better evaluate future techmcal and maintenance plans It is ~mperatlve that Denco be In charge of the future of its system and the addition of a 9t 1 System Manager, wRh knowledge and experience [n the telecommunication field, will allow the district that control Also included ~s the add[tlon of Phase I w~reless telephone service for those carriers yet to be ~mplemented Th~s year, Denco ~s completing its preparation for Phase II w~reless service Th~s will prowdeageograph~clocabon ofwlreless911 callers Included mthlsdrafffinanclalplanlsthe completion of the GIS database required to prowde teiecornmunlcators a geographic location of all 911 callers m the d~strlct Denco ~s anxious for the w~reless service prowders to announce the type of technology it plans to use to provide th~s location informabon to the 911 te[ecommunlcators The proposed financial plan also provides for the installation of network and hardware to install a redundant System between the two primary sw~tches serving the PSAPs The network will allow telecommumcators to log on to the other switch and receive 911 calls, should ~ts pnmary server fa~l On behalf of the Denco Area 911 District Board of Managers I submit th~s financial plan to you and request favorable approval from your govermng body Feel frae to question anything you find In this financial plan for next year You will see that ~t Is a carefully planned segment of a multi-year strategy to conbnue prowding excellent Enhanced 911 Service to the occupa~_,of our District Allen Groff Chmrman, ~Board of Managers 1075 Princeton Street Lew~swlle Texas 75067 SECTION 2 DISTRICT OVERVIEW DENCO AREA 9-1~1 DISTRICT DISTRICT OVERVIEW Background Information What ~s E9-1-17 Enhanced Nme-One-One (E9-1-1) ~s a s~ngle, easy-to-remember number used when reporting emergencies to fire, police and emergency medical service providers The E9-1-1 system, operational in the Denco Area 9-1-1 D~stnct, ~s designed to automatically route any 9-1-1 call, placed from a telephone instrument (including w~reless) w~th~n the district's geographical boundaries, to the proper public safety answering point (PSAP) responsible for d~spatchlng emergency services to the caller 9-1-1 Terminology 9-1-1 N~ne-one-one An easy-to-remember, easy-to-dial three-d~glt emergency telephone number developed to prowde citizens a reliable, fast and convenient way to access fire, police, or medical service providers ~n the event of an emergency District Denco Area 9-1-1 District The entity that prowdes enhanced 9-1-1 service ~n Denton County A board of managers appointed by participating Jurisdictions governs the d~stnct The d~stnct serves Denton County and that portion of Carrollton ~n Dallas County E9-1-1 Enhanced 9-1-1 The system that ~s operational ~n Denton County prowdmg SR, ANI and ALI (defined below) GIS Geographic Information Systems The technology used to develop the mapped d~splay of Denton County D~stnct Ox er,,qew doc D~stnct Overview Page 2 PSAP, Pubhc Safety Answenng Point The location of the equipment used to answer 9-1-1 emergency calls The following are the twelve (12) PSAPs that are currently capable of answenng 9-1-1 calls m the Denco Area 9-1-1 D~stnct C~ty of, Carrollton Pohce Department C~ty of Lake Dallas Pohce Department C~ty of Denton Police Department City of Lewlswlle Pohce Department Denton County Sheriffs Office C~ty of The Colony Police Department Town of Flower Mound Police Department Umverslty of North Texas Pohce Department C~ty of Highland Vdlage Pohce DepartmentTexas Woman's University Pohce Department City of Roanoke Pohce Department Denco Backup and Tra~mng PSAP SR Selective Routing The system that provides automatic routing of 9-1-1 calls based on the caller's location to the appropriate PSAP The caller is not required to determine which pubhc safety agency to call ANI AutomatlcNumberldentlflcatlon The feature that prowdes the caller's telephone number on a console at the PSAP ALI AutomatlcLocatlonldent~ficatlon The feature that prowdes the caller's name and address on a computer monitor at the PSAP Database The ~nformat~on accompanying a 9-1-1 call at the PSAP The ~nformatlon provided ~s the caller's name, address and telephone number, as well as the emergency service providers designated to respond to the caller's address Pubhc Safety Telecommumcator The indlwdual answenng the 9-1-1 calls, trained to communmate w~th persons seeking emergency assistance and w~th agencies and individuals providing such assistance D~str~ct Overview Page 3 Phase I The Federal Commumcat~on Commission (FCC) mandate to the wireless telephone industry and 9-1-1 requiring the proper routing of wireless 9-1-1 calls to PSAPs and the provision of the callers' ANI to the telecommunlcators Phase II The feature that prowdes the geographic location of wireless callers, in addition to the FCC's Phase I enhancements IWS Integrated Work Station The computerized 9-1-1 answering equipment provided by Denco The equipment has the capacity to include dispatcher tools in addition to the 9-1-1 function, such as computer-aided dispatch, paging, mapping, etc Denco has 47 integrated work stations at ~ts 12 PSAPS Benefits of E9-1-1 The E9-1-1 system has enhanced the ability of emergency service prowders to save the lives and property of c~tlzens in the Denco Area 9-1-1 District Some of the direct benefits of the emergency communications system provided by Denco are the following · Only one three-dlg~t number to remember in an emergency situation · The 9-1-1 call is routed to the proper agency responsible for dispatching help to the caller · Trained telecommumcators answer 9-1-1 calls (In the Denco Area 9-1-1 D~strlct, telecommunlcators are trained to provide emergency medical dispatch, thus reducing response time for medical emergencies ) · Telecommun~cators have the equipment and training necessary to communicate w~th heanng/speech ~mpalred callers · The caller's name, address and telephone number, as well as the proper fire, police and emergency medical service designated to respond to the caller's address, is automatically provided to the telecommumcator, thus reducing total response time In the event the caller ~s unable to speak, the telecommunlcator has the ab~hty to dispatch help to the caller's location that is provided by the E9-1-1 system · ANI/ALI informat~on provides a means to control and reduce prank calls D~stnct Overview Page 4 · The public education programs associated w~th E9-1-1 promote c~tlzen awareness and tnvolvement with emergency service providers The E9-1-1 system enhances local government's ab~hty to meet the ever-growing public expectation of emergency servmes created by popular television programming · The E9-1-1 system ~s designed to allow PSAPs the ab~hty to d~rectly transfer a caller to another pubhc safety agency or poison control center · The E9-1-1 system w~ll ~dentlfy calls from w~reless phones, advising the telecommumcator to ask proper questions to determine the Iocabon of the emergency Phase I prowdes the caller's telephone number so that the telecommumcator has the ab~hty to reconnect if the call ~s terminated Phase II will prowde addibonal location mformat~on to telecornmun~cators · The system has the ablhty to identify telephone compames serving 9-1-1 callers, thus streamhnmg the process for reconciling routing and database errors Structure of the Denco Area 9-1-1 D~stnct Legislation During ~ts 1985 legislative session, the 69th Texas Legislature passed Article 1432e (Section 772, Texas Health and Safety Code), Emergency Telephone Number Act, which prowded for the creation, admlmstrat~on, expansion, funding and dissolution of emergency communications d~str~cts In certain counties in Texas The Emergency Telephone Number Act ~s the leglslabon under which the Denco Area 9-1-1 D~stnct operates Purpose Section 772 302, Texas Health and Safety Code states the purpose of the Act to be the following To estabhsh the number 9-1-1 as the primary emergency telephone number for use by certain local governments in th~s state and to encourage un~ts of local governments and combinations of those umts of local government to develop and ~mprove emergency commumcabon procedures and fac~ht~es ~n a manner that w~ll make possible the qu~ck response to any person calling the telephone number 9-1-1 seeking pohce, fire, medical, rescue and other emergency serwces D~str~ct Overview Page 5 Creabon of Denco Area 9-1-1 D~stnct On August 8, 1987, Denton County held a special elect~on to confirm the creation of the Emergency Commumcat~ons D~str~ct of Denton County and authorize a 9-1-1 emergency service fee, not to exceed three (3%) percent of the base rate of the principal service suppher per service year per month, to be charged by the d~stnct for the purpose of estabhsh~ng E9-1-1 ~n Denton County By a margin of 13,086 to 3,024, the voters favored the creation of the emergency communications d~stnct After the special elect~on, the c~ty and county govermng bodies w~thln Denton County passed resolutions of partlc~pabon The resolutions stated that the c~ty or county would become a participating jur~sd~cbon m the d~str~ct pursuant to the prows~ons of the Emergency Telephone Number Act The participating jurisdictions of the d~stnct are the follow~ng Argyle Hackberry L~ttle Elm Aubrey Hebron Marshall Creek Bartonwlle Hickory Creek Northlake Carrollton Highland V~llage Oak Point Copper Canyon Jusbn P~lot Point Corinth Krugerwlle Ponder Corral C~ty Krum Roanoke Cross Roads Lake Dallas Sanger Denton Lakewood V~llage Shady Shores Double Oak Lew~swlle The Colony Flower Mound L~ncoln Park Trophy Club Unincorporated Denton County On December 8, 1987, the d~str~ct's board of managers ordered the levy and collection of the emergency fee to commence w~th the January 1988 b~lhng cycle The board ordered D~stnct Overview Page 6 the service fee, collected by the telephone companies, to be charged at a rate of three (3%) percent of the base rate of GTE Southwest The emergency service fee for basic levels of telephone service charged to customers ~n the d~stnct were capped at $ 27 for residential customers, $ 71 for business customers and $1 13 for trunks (The same cap remains in effect today.) On June 28, 1988, the board of managers named the Emergency Commumcatlons D~stnct of Denton County, Denco Area 9-1-1 D~stnct Structure Board of Managers The board of managers ~s the govermng body for the Denco Area 9-1-1 D~stnct The county, part~c~pat[ng cities and the Denton County Fire Chiefs Association appoint the board The current board of managers ~s made up of the following members Board ~Member Represents Dr Allen Groff, Chairman Denton County Commissioners Court Mr Harlan Jefferson, V~ce Chairman Participating Cities Mayor Ohve Stephens, Secretary Participating C~tes Mr Al Brown Denton County Commissioners Court Chief Bruce Yarner, Carmllton Rre Chiefs Association Mr Melwn W~llls GTE, Adwsory Board members serve staggered two-year terms and are ehg~ble for reappolntment The Emergency Telephone Number Act states "the board shall manage, control and admlmster the district The board may adopt rules for the operation of the district" The legislation also allows the board to appoint a d~rector of commumcat~ons (execubve d~rector) for the district who serves as ~ts general manager The director, w~th approval D~strlct Overview Page 7 from the board, provides for the service necessary to carry out the purposes of the Emergency Telephone Number Act Operations The Denco Area 9-1-1 Distnct's staff ts responsible for performing all the duties that may be required for the district to accomphsh ~ts mission within the framework provided by the board The dlstr~ct has e~ght full time and one part brae staff members The organizational chart of the Denco Area 9-1-1 District is the following : Jurisdictions Board of Managers Executive Director Administrative Administrative Assistant Secretary I Information Systems Public Education/ Manager Training Manager I Manager I I GIS C°°rdinat°rI Specialist Addressing M~ss~on, Goals and Oblect~ves Mission The Denco Area 9~1-1 D~str~ct has defined as ~ts m~ss~on To estabhsh and maintain 9-1-1 as the primary emergency telephone number for the Denc0 Area 9-1-1 D~stnct and enhance the ab~hty of local governments to respond to calls for emergency help D~str~ct Overview Page 8 Goals and Oblectlves Each of the operational areas of the Denco Area 9-1-1 D~str~ct's orgamzat~onal structure has an ~dent~fied goal and a hst of specific ongoing objectives required to accomphsh the goal The achievement of these goals w~ll assist the d~stnct ~n accomphsh~ng ~ts m~ss~on Board 0f Mana,qers The board of managers' goal ~s to prowde the pohcy, d~rectlon and control mechamsms necessary to assure that the Denco Area 9-1-1 Dmtr~ct accomphshes ~ts m~ss~on w~th~n the financial resources prowded by legislation Ongoing ob]ect~ves are the following · Represent the interests of member jurisdictions, emergency serwce prowders and users ~n defining d~str~ct's m~ss~on, goals and objecbves · Prowde the pohc~es and direction required to set a definite course for decision making · Approves and oversees the budget · Momtor the financial pos~bon of the dlstr~ct to assure comphance w~th the approved financial plan and to assure long-term stab~hty · Evaluate requests for system upgrades, enhancements and capital expenditures, ~nsunng that the board's action falls within the scope of the d~stnct's financial plan and mission statement · Evaluates the effectiveness of the executive d~rector m managing the operabons of the d~stnct Admmistratmn The adm~mstrat~on goal ~s to manage the Denco Area 9-1-1 D~stnct ~n an objective, efficient, cost effective and responsive manner Ongoing obJectives are the following · Admlmster the Denco Area 9-1-1 D~stnct and the pubhc funds entrusted to ~t, ~n a manner that assures comphance w~th apphcable legislation · Implement the direct~ves and pohc~es of the Denco Area 9-1-1 D~stnct Board of Managers · Prowde 9-1-1 servme ~n a cost-effective manner through research, planmng and efficient use of 9-1-1 service fees D~strlct Overview Page 9 · Memtor legislative and regulatory issues that may have ~mpact on the funding and/or operatmn of the d~stnct and take appropriate action to protect the ~nterests of the d~stnct · Represent the d~stnct at appropriate local, state and national meetings · Prepare and manage the d~stnct's financial plan ~n a manner that ~s responsive to the needs and desires of local pubhc safety agencies, yet provides long-term financial stab~hty · Evaluate the effectiveness of d~stnct staff ~n accomphshmg ~nd~wdual and d~stnct goals and objectives · Remain abreast of changing technology that may prowde short-term and long-term enhancements to the network and keep board adwsed of changes that may affect d~str~ct operations · Represent Denco ~n the dtscuss~ons and negotiations w~th part~es w~sh~ng to contract for services w~th the district · Actively encourage communication and interaction among emergency service prowders, member jurisdictions, commumty groups and the Denco Area 9-1-1 D~stnct · Prepare and d~stnbute board of managers' agendas, prowd~ng the board w~th the ~nformat~on required to make reformed decisions Pubhc Education The pubhc education goal is to ~nform potential users about the avadab~hty and to promote the proper use of the 9-1-1 system Ongoing objectives are the following · Design and ~mplement effective 9-1-1 pubhc ~nformat~on and education programs that focus on the specific needs and special ~nterests of targeted groups, ~ncludlng those w~th commumcat~on barners · Seek opportumt~es for presentation of 9-1-1 mformat~on through community outlets · Prowde support, acknowledgement and recogmt~on of the s~gmficant contribution made by d~stnct telecommumcators · Assist w~th the development of school curriculum materials concerning handhng of emergency s~tuat~ons Tra~mn,q The tra~mng goal ~s to prowde a program that enables PSAP personnel to effect~vely use the 9-1-1 system Ongoing objectives are the following · Evaluate emerging technology and ~ts ~mpact on training needs · Offer ~n~t~al and ongoing training for district telecommumcators on a regular bas~s w~th attention to special needs D~str~ct Overview Page 10 · Assure that training programs sponsored by Denco meet or surpass state and national standards and prowde telecommumcators w~th professmnal development opportunities * Develop, update and dlstnbute tra~mng matenals and ~nformat~on about training opportumt~es · Monitor training ~ssues, enhancements and trends, evaluabng and recommending those beneficial to the district Operations The operations goal ~s to prowde the most effecbve, rehable and technologically advanced 9-1-1 system possible w~th~n the d~stnct's available resoumes Ongoing objectives are the following · Prowde and maintain a dependable voice and data network that w~ll, dunng normal peak demand, route all 9-1-1 calls to the correct pubhc safety answering point (PSAP) · Momtor statistical data and error reports, recogmz~ng any trends that may ~nd~cate database or network problems · Momtor the use of the 9-1-1 system, ~dent~fy, research and ~mplement measures that make the system more efficient and effective · Faclhtate the flow of ~nformabon between member jurisdictions, public safety answenng points and telephone compames ~n a manner that w~ll achieve a database accuracy level of not less than 99 5 percent · Evaluate the needs of each PSAP as ~t relates to the enbre d~str~ct and recommend systems that match the PSAP's and d~str~ct's requirements · Maintain a contingency plan that prowdes alternate routing for 9-1-1 calls during a PSAP evacuation or system failure · Fac~htate the flow ~f ~nformatmn required by the addressing maintenance program ~n umncorporated Denton County SECTION 3 FINANCIAL PLAN SUMMARY DENCO AREA 9-'1~1 DISTRICT FISCAL YEAR 2001 FINANCIAL PLAN SUMMARY Strate,cl~c Overview F~scal Year 2000 F~scal Year 2000 has been a year for fine-tun~ng the 9-1-1 systems, ~mplementlng Phase I Enhanced W~reless Servme and prepanng for Phase II Enhanced W~reless Service To accomphsh these objectives, Denco has completed or ~s in the process of completing the following projects *:o Implemented Phase 1 Enhanced Wireless Service for Spnnt PCS and Nextel Commumcat~ons o:* Currently testing AT&T Wireless o:* Negot~abng a contract w~th Voice Stream W~reless Communmabons o**o Instalhng a w~de area network connecting the 47 CML SeNTinel Workstabons for the purpose of prowd~ng map data to PSAPs and training and tra~mng updates to all telecommumcators through an Intranet *,** Developed a map display system that w~ll prowde telecommumcators w~th graphic Iocabons of 9-1-1 calls Th~s system should be completely operabonal by August 2000 *:o Prowded the equipment and database to m~grate the Roanoke PSAP from a secondary to a primary ***o Participated in the relocation of the Flower Mound and H~ghland V~llage PSAPs In addition, Denco continued to provide excellent database, pubhc education and training services to it PSAPs F~scal Year 2001 F~scal Year 2001 w~ll prowde a new d~rect~on w~th regards to the design and maintenance of ~ts new system In the past, Denco has rehed on existing telephone companies to design and maintain the d~stnct's 9-1-1 systems Th~s has worked well ~n the past and the ex~st~ng telephone companies have prowded excellent service to the d~str~ct W~th the deregulabon of the telecommumcabons ~ndustry, many new telephone companies are providing 9-1-1 service in Denton County Over the past two years, Denco has executed over 50 contracts with telephone compames to prowde network and database service to the Denco PSAPs In addition to FY 2001 Summary Page 2 managing these contracts, Denco ~s required to resolve database network routing errors The Denco Area 9-1-1 D~stnct F~scal Year 2001 F~nanc~al Plan prowdes for the addition of a new staff member for the d~stnct The 9-1-1 System Manager w~ll be an expenenced telecommumcat~ons network manager as well as a person well versed ~n the existing computer technology provided by the d~strlct The manager w~ll be responsIble for the overall management of the techmcal ~ssues associated w~th the 9-1-1 system In add~bon, the financial plan prowdes for the following projects for fiscal year 2001 o:o Add two add~bonal CML SeNTinel Workstations at the Denton County Sheriff's Office PSAP o,'* Add an additional answenng position at The Colony PSAP o:o Provide a redundant network to the existing system hnk~ng the two 9-1-1 system controller sw~tches o,** Complete the ~mplementabon of Phase I o:* Work w~th w~reless service prowders to plan for Phase II enhanced w~reless service o:o Develop a preventive maintenance and a 9-1-1 equipment upgrade and replacement program o:* Increase the number of training opportumbes for telecommun~cators **'o Conbnue campaign to promote the use of newly assigned addresses ~n rural Denton County **'o Develop an onhne training program o:o Provide EMD certification traIning for newly h~red telecommumcators ***o Expand the GIS coverage to include street and block-range data files for all c~t~es in Denton County Financial Overview Rever~ue H~,qhh.qhts *:o Denco estimates a net $185,529 ~ncrease ~n service fee revenues ~n FY 2001 *:*' Projected ~nterest earned for FY2001 ~s $53,500 o.*o Included ~n the responsib~ht~es of the new 9-1-1 System Manager w~ll be the repair and maintenance of the equipment at the PSAPs The d~stnct plans to cancel its maintenance agreements on the computer equipment at the PSAPs and expects to receive a refund of approximately $170,000 FY 2001 Summary Page 3 *.*o Denco expects to receive $58,825 for contract services prowded to Denton County for the maintenance of the addressing system o.*o Denco has no plans to borrow funds ~n fiscal year 2001 Expenditure H~,qhh,qhts *.** Total Personnel expenditures are ~ncreased by $137,702 Included ~n the proposed increase ~s the addition of a 9-1-1 System Manager salary and benefits Also ~ncluded is an adjustment m pay scales for ex~st~ng d~stnct personnel Health ~nsurance rates are projected to ~ncrease s~gmflcantly *.*o Operations expenditures are ~ncreased by $31,060 over the FY2000 budget Pnmary ~ncreases are d~rectly related to the addition of staff Other increases ~nclude legal services and professional development o;o D~rect Service expenditures are decreased by $55,586 Included in the increase are additional emergency medical d~spatch training and network associated w~th the redundant system Also ~ncluded ~s the development of a (SIS street and block-range database for all c~t~es ~n the d~stnct *~o Capital expenditures are decreased by $128,254 Included ~n the projected expenditures for fiscal year 2001 are the following > Finish out of the second floor of the d~strlct office and tra~mng fac[hty The second floor w~ll be used for an office and work area for the 9-1-1 System Manager > GIS Equipment for the mapping project ~- Computer equipment, test equipment and tools for the system manager > Three additional 9-1-1 answenng pos~t~ons at PSAPs ~- Hardware associated w~th the redundant network project > $170,000 ~n spare PSAP equipment This equipment ~s to be paid for by the refund of prepaid maintenance expenses .~. Debt Service ~s decreased by $220,503 The d~stnct pa~d the balance for ~ts building and training fac~hty th~s year The $228,245 debt service ~s the payments for a lease purchase agreement F~scal year 2001 w~ll be the fourth year of a five-year payment plan The ending fund balance projected m Schedule 4 for the next five years prowdes a strong financial pos~t~on for the d~stnct at the ex~stmg serv.ce fee rate The Denco Area 9-1-1 District Board of Managers ~s committed to prowdlng the best service available w~th~n the present day funding structure DENCO AREA 9-t-1 DISTRICT SUMMARY OF COST CLASIFICATIONS Personnel Includes staff salary, deferred compensation, health care and retirement benefits Also ~ncluded are costs of temporary personnel, state unemployment tax, and employer's contribution to Medicare Operabons Includes overhead costs for ongoing 9-1-1 emergency network support services Communications Includes telecommumcat~on, pnnting/pubhshmg and postage/sh~pp~ng costs necessary for the d~stnct to d~ssem~nate ~nformatlon Telecommumcat~on costs Includes local and long-distance office telephone and w~reless service, internet, pager, and telephone equipment expense Pr~nbn,q/Pubhshln,q ~ncludes all costs of outside pnntlng, binding, collating, design, layout, photography, art work, and similar costs related to the preparation and pubhcabon of printed material such as letterhead, newsletter shells, envelopes, bus~ness cards and wdeo presentabons Posta,qe/Sh~pp~n,q ~ncludes all general and overnight postage, ~nsurance, freight, dehvery, meter rental and other related costs except when postage and sh~pp~ng are ~ncluded ~n the total purchase price of a specific Item Expendable Supphes Includes the cost of routine expendable office supplies, GIS supplies, and commercially available software Supplies also ~nclude the costs associated w~th service awards and hosting meetings Profess~Qnal Services Includes the cost of legal fees, accounting services, ~ndependent audit and professmnal development cost for conference rag~strat~on, tuition reimbursement, reimbursement pa~d to new employees as part of recruitment agreement, and staff training Includes cost of all service, repair, support and maintenance ~ncurred after ~mt~al purchase of furmture, fixtures, office computers and equipment Includes replacement of computers components and labor expense for such repairs Summary of Cost Classifications Page 2 Office Space/Maintenance Includes the cost of ut~hbes, building services and maintenance and repair expense for office and training facd~ty owned by d~strlct Memberships/Subscriptions Includes ~nd[wdual and orgamzational memberships to professional orgamzatlons such as National Emergency Number Association (NENA), Association of Pubhc Safety Communications Officials-International (APCO), and Amencan Society for Training and Development (ASTD) Includes subscnptlons to newspapers, penodlcals, ~nformatlon services, technical support pubhcatlons and the purchase or rental of books, videos and recordings Advertlsln.q Includes the cost of pubhc service announcements, required legal notices, pubhc meebng notices, sohcltatmn for b~ds, job announcements, and other costs related to the media Insurance Includes general hablhty, errors and omissions, property, workers compensation, and other ~nsurance for the district board and staff Also, includes property insurance for PSAP equipment owned by d~stnct not located at Denco facd~t[es Travel/Auto Includes costs such as, but not hm~ted to mdeage reimbursement, a~rfare, food, lodging, local transportabon, parking, telephone, etc when such costs are reasonable and when they are ~ncurred ~n con~unct~on w~th board and authorized staff travel or official business within the district DIRECT SERVICES Includes all non-recurnng and recurnng costs attributed d~rectly to the equipment, network and database raqu~rad to reute calls to public safety answenng points Does not ~nclude the cost for equipment purchased and owned by the district Also ~ncluded are direct costs for pubhc education and training for telecommumcators Summary of Cost Classifications Page 3 PSAP Equipment and Service Includes non-recurring and monthly recurnng costs for 9-1-1 equipment matntenance, network, database and around the clock repair service for the system as well as language interpretabon and other recurnng services Pubhc Education Includes the development, purchase and d~stnbution of public ~nformat~on and education materials for special focus groups and d~stnct at large Also ~ncludes costs for special funcbons such as National Telecommumcator Week recogmtlon and 9-1-1 Day actw~t~es Tra~mn,q Includes cost for materials, instructors, registrat~on, etc, associated w~th meeting the training needs of 9-1-1 call takers CAPITAL EXPENDITURES Includes all capital expenditures for the purchase of fixed assets such as land, budding, furmture and fixtures and equipment Land Includes all costs associated w~th the purchase of land ~ncludlng purchase pnce, real estate commissions and all related professional fees Building Includes all costs associated w~th the ~mprovement, constructmon or purchase of budding facd~bes including all construction costs, professional fees and permits Furniture, and F~xtures Includes purchase price plus all expenditures related to the shmppmg, freight, transportation and installation of furniture and fixtures Office Equipment The cost of equmpment includes the purchase pnce plus all expenditures connected wroth the acquls~tmon and installation of the equipment The equipment may be located m the district office and training facility or elsewhere mn the d~stnct Summary of Cost Classifications Page 4 PSAP Equipment Includes the cost of computer and other PSAP equipment that is purchased by the district and carried as a fixed asset DEBT SERVICE Includes principal, ~nterest, and other payments d~rectly related to the repayment of debt SECTION 4 ANTICIPATED REVENUES PROPOSED EXPENDITURES SCHEDULE 1 DENCO AREA 911 DISTRICT FINANCIAL PLAN BEGINNING OF YEAR FUND BALANCE $1,277,120 $972,945 ($304,175) ANTICIPATED REVENUES 9-1-1 Servtce Fee Revenue $1,897 161 $2,082,690 $185,529 Interest Revenue $42,880 $53,500 $10,620 M~scellaneous Revenue (Expense) $0 $170,000 $170,000 Contractual Services Revenue $55.986 $58.825 $2.839 TOTAL ANTICIPATED REVENUES $1,996,027 $2,365,018 $368,988 PROPOSED EXPENDITURES Personnel $430,292 $567,994 $137,702 Operabons $157 141 $188,201 $31 060 D~rect Serwces $1,142,557 $1 086,971 ($55,586) Capital Expenditures $534 483 $406,229 ($128,254) Debt Service $448.748 $228.245 ~ TOTAL PROPOSED EXPENDITURES $2,713,221 $2,477,640 ($238,881) REVENUES OVER EXPENDITURES ($717,t94) ($112,625) $604,669 END OF YEAR FUND BALANCE $S~9.926 $860.320 $300.394 Note Stated Fund Balance does not Include Investment In F~xed Assets It reflects available cash to meet budgeted needs FY2001 Financial Plan xls06/01/2000 1 SCHEDULE 2 DENCO AREA 9'11 DISTRICT FINANCIAL PLAN ~<BUD~ET SERVICE FEE REVENUE GTE $1 043,481 44 12% Southwestern Bell $198,405 8 39% Sprint $31,017 1 31% Century $44,650 1 89% Other Local Exchange Carriers $46 847 1 98% Wireless $736,854 31 16% Telephone Company Administrative Cost ($14,073) -0 60% Uncotlect~ble ($1 151) -0 05% Telephone Company Adjustments ($9,775) -0 41% Pnvate Sw~tch Service Fees $6,500 0 27% Pnvate Sw~tch Administrative Costs ($65~ 0.00% TOTAL NET SERVICE FEE REVENUE $2,082,690 88 06% NONISERVICE FEE REVENUE interest Revenue $53,500 2 26% M~scellaneous Revenue (Expenses) $170,000 7 19% Contractual Services $58.825 2.49% TOTAL NON SERVICE FEE REVENUE $282,325 11 94% TOTAL REVENUE $2,365,015 100 00% FY2001 Financial Plan xls06/01/2000 1 SCHEDULE3 DENCO AREA 9'1t DISTRICT FINANCIAL PLAN PERSONNEL EXPENDITURES Salanes $446,804 18 03% Benefits $120 490 4 86% Contract Personnel Services $700 003% TOTAL $867,994 22 92% OPERATIONS EXPENDITURES Commumcatlons Telecommumcatlons $22 420 0 90% Printing $2 200 0 09% PostagelSh~l)ping $4 495 0 18% Supphes $11 200 0 45% Professmna[ Services 0 00% Legal Serwcee $20 000 0 81% Independent Audit $2 600 0 '10% Professional Development $10 589 0 43% Other Protesemnal Services $26 982 1 09% Office Space/Mamtenance $29 540 1 19% Membersh~ps/Subscnpt~ons $1 881 0 08% Advertising $350 0 01% Insurance $8 272 0 33% Travel/Auto $47672 1 92% TOTAL $188,201 7 60% DIRECT SERVICE EXPENDITURES PSAP Equipment and Service $1 032 206 41 66% Public Education $27 715 1 12% Trammg $27050 1.09% TOTAL $1,086,971 43 87% CAPITAL EXPENDITURES Bu~ldmg $30 000 1 21% Furmture and Fixtures $5 000 0 20% Office Equipment $40 000 1 61% PSAP Equipment $331.229 13.37% TOTAL $406,229 16 40% DEBT SERVICE EXPENDITURES PSAP Equipment Debt $228.245 921% TOTAL $228,245 9 21% $2,477,640 100 00% FY2001 F~nanclal Plan xis06/01/2000 1 SCHEDULE 4 DENCO AREA 911 DISTRICT FINANCIAL PLAN REVENUES I I I I I Net SerVice Fee Revenue 15~61 152 082 690 t52,186 824 $2296,166 152,410,974 152 531 522 Interes~ Revenue I $42,880 I $53'500 I $43,016 $36,117 I $36,022 I $30,928 U~sceilaneous Revenue (Expense) I $0 I $170,000 I $0 $0 I $0 I $0 Contra~t Services Revenue I S~.986 I $58.825 I $60.884 $63.015 I $6~.220 I $67.503 TOTA,L REVENUE $1,996,027 $2,365,016 $2,290,724 $2,395,298 $2,512,216 $2,629,964 EXPENSESI I I I I Personnel I S430,2921 $567,9941 $615234 $6663991 $722'2°91 $783125 Operations I $157,~4~1 $188,2011 $198,404 $210,5261 $222,2221 $234757 O,rect Services 151,142,557 IS~,085,97~ 1$1,122 312 $~ 255,78~ 151,408,154 ~$1,572 3~4 Cap~tallExpend~tures I $534,483 I $406,229 I $264,500 $264,500 I $264,500 I $264 500 Debt Serv,ce I $448748 ~ $228.245 TOTAL EXPENSES $2,7.13,22.1 $2,477,640 $2,428,695 $2,367,210 $2,6.14,084 $2854,696 REVENUES OVER EXPENSES ($7'17,t94) ($112,625) ($~37,97t) ($t,9.12) ($.10.1,868)I ($224,742) ENDING FUND BALANCE I $S59.926 I $860.320 I 9722'349 $720.437 I $6.18'866 I $393.826 FY2001 F~nanc~al Plan xls06/01/2000 1 SECTION 5 APPENDIX HB 1984 RESOLUTIONS DISTRICT LEGISLATION 76(R) HB 1984 Enrolled verston- Bill Text Page 1 of 3 1-1 AN ACT 1-2 relating to the consolidation of emergency communication distracts 1-3 and to the approval of proposed budgets of certain emergency 1-4 communication districts 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS 1-6 SECTION 1 Section 771 001(3), Health and Safety Code, is 1-7 amended to read as follows 1-8 (3) "Emergency communication district" means 1-9 (A) a public agency or group of public agencies 1-10 acting jointly that provided 9-1-1 service before September 1, 1-11 1987, or that had voted or contracted before that date to provide 1-12 that service, or 1-13 (B) a district created under Subchapter B, C, 1-14 .[e~] D, or Fr Chapter 772 1-15 SECTION 2 Sections 772 309(b), (c), and (d), Health and 1-16 Safety Code, are amended to read as follows 1-17 (b) The board shall submit a draft of the proposed budoet to 1-18 th~ governina bodies of the oartlclDatino ~urlsdlctlons not later 1-19 than the 45th day before the date the board adopts the budoet The 1-20 pa~ti¢lDatlna 4urlsdictions shall review the proposed budoet and 1-21 submit any co~mmnts re~ardin~ the budget to the board 1-22 (O) If the qovernin~ body of a county, munlclDalltv, or 1-23 other DarticlDatin~ ~urisdictlon does not aDorove or disapprove the 1-24 budaet before the 61st day after the date the body recelved the 2-1 iproDosed budcet for review, the budaet is approved by operation of 2-2 law 2-3 (d) A revision of the budget must be approved in the same 2-4 manner as the budget 2-5 (e) [(e)] As soon as practicable after the end of each 2-6 d~strlct flscal year, the director shall prepare and present to the 2-7 board and to each participating ]urlsdlctlon in writing a sworn 2-8 statement of all money received by the d~str~ct and how the money 2-9 was used during the preceding fascal year The report must show in 2-10 detail the operations of the district for the fiscal year covered 2-11 by the report 2-12 (f) [(~)] The board shall have an independent financial 2-13 aqdlt of the district ~erformed annuall~ 2-14 SECTION 3 Chapter 772, Health and Safety Code, is amended 2-15 by addlng Subchapter F to read as follows 2-16 SUBCHAPTER F CONSOLIDATED DISTRICTS 2-17 Sec. 772.451 CONSOLIDATION PROCEDURE (a) Two or more 2-i8 d&strlcts ooverned bv this chapter may consolidate lnto a slncle 2-19 district as Provided bv this section 2-20 (b) If the board of managers of each district to be 2-21 consolldated f~nds that the consolidation of the dlstrlcts would 2-22 benefit the DarticlDatino iurlsdictlons of the d~strlct, the board 2-23 ~y call and hold an election in the district's Dartlc~matlnq 2-24 lqrlsdictions to aoorove the consolidation 2-25 (¢) The el~qt~on in each district must be held on the same 2-26 uolform election date orovlded by Chaoter 41, Election Code 2-27 (d) ~h dlstrict shall Day the election expenses for its 3-1 oart~clDatln~ ~urisdlctions 3-2 (e) The ballot for the electlon to aDorove the consolidation 3-3 mqst be orinted to oermit votino for or aoalnst the PrOPosition 3-4 that the district may consolidate with other named distracts 3-5 Sec 772 452. CONSOLIDATION PLANNING. (a) I~ a maiorltv of 3-6 the voters votlnq at the election approve the consolidation, the 3-7 bgar~ of manaoers of the district shall conduct a plannln~ meetlna 3-8 w%%h the boards of managers of the other dlstrlc~s whose voters 3-9 h$ve spproved the ~onsolidation 3-10 (b) The meetino must be a Public meetlnq At the meetlnc. 3-11 the boards of manaoers shall devlse a consolldatlon plan tV 3-12 (1) combine the debts and assets of the distracts, /x ~ewtext cmdOLEG=76&SESS=R&CHA_MB~ER=H&BILLTYPE=B&BILLSUFFIX=01984&V6/2/99 DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING PROCEDURES FOR CONSIDERATION AND APPOVAL OF A BUDGET WHEREAS, Sections 772 309(b)&(c), Texas Health and Safety Code have been amended by the Texas Legislature to specify certmn procedures for the cons,derabon and approval of a budget by the Board and governing bodies of partlapatlng jur~sd~cbons NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS The Board's procedures for cons~derabon and approval of a budget shall mc[uce the following 1 Not later than the 45 ~ day before the Board adopts a budget t,-,e E~ecutlve D~rector on behalf of the Board will submit a draft of the proecse: budget to each of the governing bodies of the paAic~patmgjurlsd~ctlons t" a IransmlttaL letter accompanying the draft of the proposed budget the Exe:~ ,ye D~rectcr will ~nclude a statement requesting that the govermng bcd~es o eac~ of the partlclpatlng jurlsdmtlons review the draft of the proposed budge a"c submit any comme'~ts to the Board prior to or on the date the budge* Js sc'~eduled for consideration and adoption by the Board 2 Once the Board adopts the budget the ExecubveD~rectcrcnbe'a,c, the Board wd[ wtthln three days e~ther 1 ) send a letter to eacq of the ~cvemmg bodies cf the partlc~patmgjur~sd]ct[cns stating that the Board a:cc,ec the proposed budget without any changes cr 2~ seqd a copy of the c.cge' adopted by the Board and include in a le*te' the dlffe.e'~ces be" cee" the proposed and adopted budget In the le~te, tc the governing bcd es c, the partmlpatmg jurisdictions the Executive D~rector wdl include a s a emeqt requesting approval of the Board s adopted budge~ by the gove -,,"g ccd~es of participating jurisdictions w~thm s,xty days of rece,pt APPROVED and ADOPTED on this 2'''~ day of D~e.cember 1999 L.-~L/"ChaJrman Boa/,/d'-of Ma~-a=e.s Sec?aW Board of Managers DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING THE DENCO AREA 9-1-1 DISTRICT BUDGET APPROVAL POLICY WHEREAS, the Denco Area 9-1-1 D~stnct was created under Texas Health and Safety Code and the voters of Denton County to design, ~mplement and operate a 9-1-1 system for all parbc~pabng junsd~cbons, and WHEREAS, the Board of Managers ~s appointed by participating junsd~cbons to manage, control and administer the d~stnct, and WHEREAS, under the d~rectmn of the Board of Managers the execubve d~rector prepares an annual budget that must be approved by the board, the commissioners court and the majority of participating c~bes, NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS THAT 1 The Denco Area 9-1-1 D~stnct approved budget shall ~nc[ude specific revenue and expenditure project~ons by department Budget departments as defined m d~stnct's annual audit include serwce fee revenue interest revenue and m~scellaneous revenue Expenditure departments include personnel se,"wces, operabons d~rect services, cap~tal outlay and debt serwce The board at ~ts d~screbon, may add or delete budget departments 2 The executive d~rector shall submit to the Board of Managers requests for amendments revisions or mod~ficabons to the dtstr~ct's annual budget that require an increase In any budget department's expenditures ~n excess of five percent of the total department budget Any ~ncrease of expenditures ~n excess of the approved department budget up to five percent, shall be ohset by a decrease of an equal amount ~n another department budget 3 W~thout bruiting the Board of Managers authonty under Section 772 Texas Health and Safety Code, the Board of Managers may approve amendments rews~ons or modifications to the D~strlct's annual budget as deemed reasonable and necessary as long as such budget amendments, revisions or modifications do not require that the total expenditures budgeted exceed the amount prewously approved and adopted by the Board of Managers, the Denton County Commissioners Court and the majority of partm~pat~ng c~tIes' governing bodies APPROVED and ADOPTED on this 6th day of Apr,[ 20~0p/.~/ /, . Cha~r-cna-n,"Board of Manag/ers Secretary Board ~~ SUBCHAPTERD EMERGENCY COMMUNICATIOND[STRICTS COUNTIES WITH POPULATION OVER 20,000 772. 301 Short T~tle Tn,s s,~bchap~:er m~-~ be c~ted as the Emer_~enc,, Telephone Number H~stoncaI and Statutor~ Notes Prior La~s ~ 772.0~ Purpose -- ~ e ~ ~ ........ ~'~-I 1 see -. .... To t- s :_~:.c "e le~ I bo ,S) : do- -~q. F:- oFthe s,: e s 2-~_, -3~ ...... ~ cro~.,~ebourc3-, { (4) pro~,onc;as,r~le pr,-~-, se- tce~ c~n be qutc~l% ~q~ e~c~enll~ o~,z, ne= e-~rccmcnt and c,~e-p_.nc safe,~ e ,o~s b, ma~,~, ~c~s d~cuh to rc Htstoncal and Statutory Notes Prmr Laws Acts 1985 69th Leg, ch 288 Vemons Ann C~v St art 1432e .-, 2 772 303 Defimt~ons In tNs sabchapter (1) Board' mez'~s the board ofmanagers ora (2) Dtrector' meaps the dtrector ofco~muntca,~on For a c,s,r,ct (3) D,s,nct' means a~ emergeqcv comm~- H~sloncaJ and ~,~ uto"~ Fr,cr La,, s ..... 772 304, Application of Subchapter Le~ s a,='e ReW.'=' Sess,on, L9S5, be,%re Jzr~a-. ~ tgSS ~c's 1989 'ts, Leg ch 6'g :l eft Sept I 19~9 Historical and Statutort Notes AcS ,c~5 ~ Leg ch '~ Acs lg~? 70thLeg ch 238 ~ 7 -cs ,g37 "~., ~ Leg ch 878 ~ 1 ge-cns-qqO~vSt ~ 1432e ~4(a) (c) 5 2~ ~ 772 305 AddmonalTerr~tory (a) Ira mun~c~p:,ht) that ~s parr ora d~stnct annex, es tem,or~ that ~., FO, part ofthe d~s~'~ct the anne'.ed tern,or5 becomes part of the d~str~ct (b) & public ageqcy located in ,.',hole or part m a count) adjoining t;'e c s,nct, b,, resoluuon adopted bs ~,s Bosemmg body and appro,.ed by me board of ire c ~ net ma) become part of'the d:stnct and sdb.lect to ~ts benefits and requtremen~s Azslg$9 71stLeg ch 6% ~ I eftS:pt I 1969 H~s,or~cal and Statutory h'otes Prmr La,", s · -,cs 19~5 figthLeg c'n Ve ~ans.-.n'~C~.,St al ,zC2e ~4~b) 27 772 306 Board cf Managers ()) e,~me ,~ a-po-,ecbx thepr~c~p*'se-,,ces. FF e' (c) Ifs&sec o' (:) coe~ not aFpl) toad,s,nct theboa'dcons,s ~c (1) t-¢t?o~,~g~,e~L-e-sreDrese~ m3t-eceu",, crco~- ~. -thed,sr,c, (B) ~f'the d~stnct onsmall) contained o~y one count5 but contams more than one count> ,ahen the aopomtment ts made, ts~o members appointed b> the corr, rmss~oners court of the county m s~Nch the dtsmct ~as originally located, and one member appointed b5 the commissioners cou~ of each other county In the d~smct, or (C) ~fthe d~smct originally contained more than one count~ aqd the d~s,nct contains more than one county ~hen the appmntment ~s made, one memaer appointed lhe co~ss~oners co~ offeach counD in the d~stnct .~ (Z) tsto members aopomtedjotntI~ bs all the pamctpatmg s, ho~e or paq m the d's,nct (r) ~ =card m~-ze' ma beremo ed f'omo~ceats~,tt=5 thee" t-a ::pom ezt~e Q) A ~acancs cn the board shaq ce fille: for the pros~deJ For t~e cng ~a{ appom,~eqt to t-at pos,t,on O) Bca-d me-:e-s se~e xt~,hou: ccm, peqsaaon The d smct scab Fa ~ I expe-ses (k) The board r,a~ appoint from among its memoershO a presiding o~'c~' and an~ other on%ce's ~t considers necessar5 (I) The d~rector or a board member ma) be appointed as secreta~ oCt~ board The boa-a snail reqmre the secreta~ ~o keep s~t~ble records of all proceedings ofe:an board me~m~ ~ereachme~un~thepres~dmgo~cer~tthemeet~ngshallreada~dsgntherecord and ma secreta~ shal[ g test the record (m) X otmg members ofthe board ma~ meet m ex~.~,~ ~ session Jn ac:c,aance ~tth me ~"meet~ngla~ Chagter271, Actsofthe60thLe='s~a~re 6Z~2 t7 ~emon sTexasCt~tlStatutes) -., s9 ?1 Leg ch 6% ~ I eft Scp~ 1 Htstoncal an~ S~a'utor/ t,o,es 772 307 Po.ers and Duties of Board (a) T,-e · ,.zc"ap e' mc -. ~'~ Tis, Leg F,,stoncal and S,a ~too i' c'es ~.=-:~ s Ann C~v St Membership 1 1 h'embershlp Merr'be,'s%poftneboardofManaDe"s for the L.bboc',E~e"gency Cc~-.~ :-- onDis ,c' E.Z: Op *-¢y Can ~ 772 308 D~rectorofD~stnct (a) The board shall appoint a c~rector ofcommumcauon ['or the dis,net and shall estabhsh the d;rector's compensation The d~rector must be quahfied by trmnlng and experience ['or the position (b) The board ma,, remm, e t,'-e director at an5 time (c) V,~th the board's appro`.a' the d~rector ma~ emplo) an.', expea=, emplo,¢es, or consultants that the d~rector cons~de'= nece=sar') to c',r,"', ot..t the purposes o:tms s-bchapter (o) Tre al,rector shaq pe,~o- ail c Jr,es the, t"e board re~utres a-d s-a'l s.:er, tse as c.. ,~,,J -,-=2.~, tn~operat~ops oft'~- d s,r ct subJeCt to a",, hmha ~ons pre>cF, rea b -:s 1¥S9 Tls, L-"g ch 6'S ~ I eT S." I I F. s or,cai and Statutcr'$; Prior La s -,:s 1'5~5 ,==-Lo= ch ~7~ ~ 772 309 Budget, Annual Re2o~, Audit c ~.,-lc To De e--es i`.e t"e b~.:'=e (1) bee:probe:b, --'rea',. (Z) be presentea to :"~ a::ro,.ed b, t"e c3-m ss,oners c,?.'~ t-e d,S~r~Ct (3) beprese",eatoa-jr~r:ro'.edk' ...... obod`, e ,-¢r'c~,~OFLJOL-' r"un~c,pah,', m the d,s,qc,, tfthat n. ,,.q..,,`. h.s. r~. ..... on of more (4) be presented to -eg?,emmgbod, o['eachotherpar',c az pro,, ed b5 a majority o['those jt, r (b) &re`.tslonofthebudge n,us, be appro',ed tn the same manre' as the (c) Ks soon as prac,tcable a er the end o[`each c,=,nct f'scal ,,ear t"e d -ez,or s-an prepare a-d present to the board a"..: to o',ch part,ope mgjunsd~cuon m ,.,.r ,",', a s or,, s,-t e~ em o(atl mono, recc,,edb ed=,nct andho, t ,: h~one, ,.,,as t.,ez c..--gibe ?re~ed"g Fscal~ear T~ereoortmu=tsho~,-detqltl,eope'a'~o"=oftred~s,r~c, ter, .fscal,.ea'co',e'eJ (d) The board shall ha;e an m~epe-,dent £nancvq audit of the d's nzt performed annuallx a. cts 1989 ?lstLeg ch 678 ~1 cfi Sept I 1989 H:stoncal and Statuto~ Notes Prior Laws Acts 1985 69th Leg ch Vernon s Ann Cw St a~ 1.3.e 3 7(b) ~ 772 310 Estabhshmentofg-l-1 Settee (a) & d,s~nct shall provide O-l-I se-.,ce to each paqtctpatmg jd-=: cdon throug~ o-e cr (c) Unde~ e tEer p,. = ~or the FamC_'~r (d) The ~ s ',c, shad re.er .'s I')s) -[~tLc6 ch(,'5 H~stoncal and Statutory Notes Prior Laws Acts 1985 69th Leg ch 288 VemonsAnnC~vSt art 1432e ~ 8 772 311 Primary Emergency Telephone Number Tned~tsg-l-1 are thepnmaO emer~encytelephonenum:ermad,s,nct &publ'c ageac~, ~hose seduces are a~adable t~ou~h a 9-1-1 system m2~ maintain a sepsrate rk--~ef Or numoe's for emergencies and shall mamtam a separate numDe- or numbers for rone~ telephone ca"S -., 1939 -Is Le~ ch 6-~ ~ I eT Sept I 1%9 H~stonca[ and 5tatutow ~nor La s 772 312 Transmitting Requests For Emergency H~stoncaland StatutowNc es Pr:or La Ns Ac s 1~5 6~ ~ Leg ch Vemcns~,,,'-- CySt a~ 14'~... ~ 10 772313 Powers of D~stnct (a) T-= d ~,nct ~s a boc~ corpora,e amd poh,,c e,,e'c ~ ,%0_. pubnc z"d e.,~~ ~'_, p.rFoses~3 -o~ts,orso~tqssdbcn~pte- mclJd,n~thec~.:~ to s~e or be ~eJ (o) To fund tile &smct, the &smct ma) appl) for a~.cept and re~.e,~.e fe=eral, state counr~ or mumc~pal funds and pn,,ate funds and ma~, spe~d those F~nds for t~e purposes oTth,s sdbcnapter The board shall determine the method and source~ of fundwg fer Ae d,s,nct ~:ts t959 ?lst Leg ch 6';8 ~ I eft Sept I 1959 H~stoncal and StatutoW Notes Prior La, s ,.,.c~s 1~5 ~gth Leg ch 288 \/emonsAnnCivSt am 1432e ~ 12(8) (b) 772 314 9-1-1 Emergency Service Fee ~:) Tre~oz-dsrzHse'~neamou-~eT~,ef:ee::' zz'a~Fz-o' -ez--_zib~cce T-e ooa-c ~-a t ro.~ eac~ se~.,ce s.ppi,er ora c-a~ge ,- ,-e z-3.- c re) In ~2os,-~ tqe f~ ' 4 o:e-: '=expendLtaresandtoF'c~tdere2sorabler~ 2-c ,%.:'ta ton cf9-l-I emerge%v ser,,ce equ~p~e"t I, , . r. e-ue g ..... C~ the fee ex~...= the amount cf none', reeded to fund the c,~ n~t tre ~_ ~ bN re>o. on snail red-ce [ - rae~r .. fee to an amount acec,~a,e to ~and the d s/ ct cr s.sse~c n e .-sc= ,or eFthe fee I' eccz-fisdsperdsthe~mpos,,onoFtheFee tt,ebca:o resc.,c-wa rev= _,e the t~e ,f r o"e ~ ~-,' ~ b~ the dts,pct ~S not ad kO In apualcage%s ~d,o=ego~', ngboc 1£ 9-1-1 sersme to that agenc,s The fee authorized to be charged m a dtsmct apphes to ness temtor~ added to the d~stnct ,.',hen the temto~ becomes a part of the d~s~nct (g) For the purposes ofth,s secuon, the junsd~ctton of the county ~s the umncorporated area of the count)' &ets 19S9 71st Leg ch 678,~, l,eff Sept 1, 1959 ~..'a:ndedb~ &ets 1993 73rdLeg ch 930 ,~ 14 eft Aug 30 19°3 H~stoncal and Statutory Notes Prtor La~s ,.-.c's 1985 6g,h Legch 288 -cts1957 7CthLe~ ch 878 Vemons,-."nC~"St '-.rt 1432e ,~ 1,(b) (c) 12(a) ,3 1-a) (c~ Notes of Deos,ons In general 1 1 In c.e,",eral cq a- , L.::::, Eme.:e~c~Ccr.._..ca,~onDs : .as a_ -z,,, t: -;cse--'=e :: Cp- '~ C~q 1,~'.t~ No JM 772 315 Collect~on of Fee e-e-zeqc, ~- -~ fee ard tr?sm t tre fees r (c) The amount collec,e: os a ser,~ce s.sp ~' ~om the fee ~s c.e pon,n,~ Tre ~ ,,~. s%~ll rem,t the amount coi'ected in a ca, e~c~' mo~th to the d~s.-c, wot la er da~ aqe'thelastda~oftheca!e~arm°mh X~t~,eacnpasmeqttnese"'tcesuppt'e'sraflfima return m a fo~ prescr,bed b~ the board ..... e, undo' qu~sec,ton (a) shall mamta, q (c) Bo,h a se%ace suopher and a bus ness s. ~ us ~ - record=oftqeamountoffee=ttc°llectsf°ra le==~,~ose=rszqer theca'eofcoUez~on Tee board ma~ requtre ~t the board s expense on a~r,~ql ~_d,t ora se~,~ce sa:pher s books and recordsort~ebookaqdrec°rds°fabust"e==s' ~,~- ~s~ descr, eedb, S.b>e: re=pec~tothecollect,on~dre~ ~nceoFtle (d) -k bus,ness ser,.~ce user that does not collect and rema t-e 9-l-I emergeno, sei-,.~ce fee as reqmred ~s subJect to a cwd cause of action under Subsection tg) A s,'.orn afTida:n b). the dis,not specifying the unrem,ted fees ~s prima faoe e,,tdence that t-e fees '.,.ere not reml,ed and oFtne amount of the unrernJtted Fees (e) A serxtce suppher ~s enmled to retain an admm,s,ra~,.e 'ee from the amount of fees ~, cohects The amount of'the adm~mstram, e fee ~s t,.,.o percent of'the amour, of fees n coI,ec,s unoer this section (f') A ser,~ce suppher ~s not reqmred to take an5 leg=..] act,o- ~o e-,'orce tva colle:,,o- cf the 9-1-1 emergeno, ser'x, tce fee Hov. e;e- tpe ser,.tce s~pp' er sr" z"o. ce tqe ozsmc ann,..:.lcem]caeofdehnqueqc,,thatmclucest.~eamo~.ntof=,lce -z-e" %e=an~therz-e au,..-es of each noqpa,.mg se,~.lce user Tre cain',ca e o, c. ~r .... is g-m:. [ac,e e ae~ce a Fee mcluc~,e= in the cemfica,e Is d,.,in.~ue , -k se-,,ce use- azco_- _. co-> ge-e: ce' -z_,e-, the -e~=rotga~dtomeser,~ces~pphe..be-o.et.e31stcz --~. -~-- '~ t ,.. t.., s b,ll ,'om t'~e sec, ice (:~ T-ec,-,c, ma m=,,uel.__t: "'="- -gs to c= -' -- F~ster,c:t aqd S,a'~tor/ ~ ~r or L~ s k 772 316 Dmtrmt Depo~ito~ (v) &depos, o~ se~ec,edb~ me boa-d ,s the ms,nc, sceao, :- ,% ko~e-r>~ ~-, e -cS J)~9 7Is, Leg c' o'b ~ I e~ S~p, I 1969 N~slor~calard Sta,u'or/ r c~es Prior La s ~e-c"s~qnC~ St a" 14:2e ~ ,4 ~ 772:317 Allowable Expenses ~lov, able operating expenses ora d~s,nct include all costs a,tnbutable to des,g"mg a 9-I-I ssstem and to all eampment and personnel necessary to estabhsh and ope-a,e a pubhc safe anss~enn~ point and other related anss~enng points that the board considers necessa~ A:ts 1959 71~Leg ch 6-$ .~ I eft Sept I 1959 H~stoncal and Statutory Notes Prior La~,s .-,o's 17.,5 6gth Leg c," 2:..: VemonsAnnCwSt a-t ,-C2e ~ 13 772 318 Number and Locatlonldenhficat~on (a) :4parteFco-su,~-zedg-l-ls~,~ce as~-,.es~._",phe-s-,a~f.- -,. ~ (~) ~ S~lC~ ~.~ ~' C~ $~S,'~S 5~lC~ LS~ L'~' q 'q~ ~C' (Z) , ' ~, ~ ~ ~0 ' Historical and Statutory Notes Ac's 19~5 69'hLeg ch 2[~ ,~nsAnnCw St a~ 1-.2. ~ 15 q 772 319 Pubhc Re,.qew (")Peqoc~c.[l t ~to:'ds,,"l[so ,.,tptt[c~.,.. e ~audhelda:_s .r: .~lear,r~ on t ,e gon~lq'.a' on O, ,, e C s,',ct ",nd the o I I e e-,__. ,. se- ,,.e fo. Tr~ ' -~.,- -,_, ~huu L. k Jcl '~..se.s'=a,er, ecl ~,t-,eorde-c,.'~,,,,,,_.,l et-., c-oftJ.ds,-,., > :. t 2 county clerks Subseqaeqt hearmgs sha[i be held three >¢a,s afi¢r the da e each order requ red Subsection (d) ~s adopted (b) The board shall pubhsh nouce of the time and place of/he heann~ once a v, eek for tv, o consecum, e weeks m a daffy nes~spaper of~ene-al c~rculauon pubhsned ~n thc d~stnct The first nouce mus~ be publ,sned not later than the~6th dos before ~he date set for ~he heann~ (c) At the heaqrg the board shall also sohc~t comments on the pamc~panon ofthe ~n the apphcable regional plan for 9IliI se~ce under Chapter 771 ~ ~,e, t eheann~ theboa-c ma) cnoose to pamc~pate ~n the regional plan as pro~e~5 bs that chapter (d) ~erthehez~ meboa-dsna'laSop~a.e.ce, ontheco_ -~a,enor&s~o~u,enc ~ne ¢ s r,c~ and the 9 1-1 emergencs sem~ce hls~orlcal and ~ ~nor La -:'S ~27 70'h~ ~ C~ -'~ ~ ~ 772 320 Dissolution Procedures (2) Ifa c s '~c ,s 1 as..me the aa~e S o -. . e-, to re,,re c°~'~ or couas ac"-~ J° - ~es on ofthe fee ~=~- - (:} The commtss,o-e-s cou'x or cou'-:., s"a't re 'e t-e c s~',c s c~,~. ~0 t';e ex,e'~ pr::,lcaDle accord,ng to the ,e'ms of the ,ns,r~me-'s cre:t-= ["e de~' s ant ,"e te',"r ~ of rte orce-s and resolutions autnoqzmg c-ea ,on o,"the (c) The comm~ss,e'qe-s court or cot...xs b',, order r as 7. ao~-t the ruJes ne.essar, to aa",~~ s,e' th, s section 19",') 7Is, Leg ch H~stoncal and Statutory Notes Prtor Laws Acts 1985 69hLeg ch 288 Vernon s Ann C~v St art 1432e ~ 16(d) 772 321 Issuance of Bonds The board ms'. issue and sell bonds ~n the name eFthe d~smct [o ~inance il) tr.e acqu:smon b', :'". me,hod of factimes e~mpme",' or s,.pphe~ r, eze~sa-,, or the ~,~ r,c~ ~o be?n pros~dmg 9-l-I se~ce to all par~ c,.%.%~JUn>S,cuo"s and (2) t-e ~-s~alI',uon o:eqmpment r, ece~sa~ b' t-e c,~ -,-~ ,-~ ~-'g. ~ ~'.-' : -~ ~ ' ~ se~ce , x.) - ~,~c' ch o75 ~, I cT Sept I 19S9 h~s,orlcaI and S a u'or~ i',,c =s Prier L~ s -c s .... c .... 2 ch 2~ 772 322 Repayment of Bonds T-erzs':.-a~ pro~:e fo'~-e~."' -,.~- c' "-F~ ' "-rs 3'_": hmtorlcal and S,a ~,~ry ho,es ~rmr L~ s ~:slg~5 6~'~Leg ch 2~ Vem, c-s~n"CrvSt a~ 143~e ~ 18 772 323 AddmonalSecurltyforBonds (a) Tr, e bonds may be add,t;ona[I,', secured ~, a deed cf tr,.:'s, er mo,'x~a=,e [en c~ part or eft"e pr',s~cal propemes ofme d'stnc[ and ~he r.cn,s ap.c~e-?, to ,ho;e F-oFe'- e~ ',esdrg t'e t-'~s,ee Fox,.e" to sell ,he prope'-t~es for p','.,r-e-, cf rte ~-de: ~:-e~s pc s~- ,o cc:" e t,'~e Fro?e~ e~ c'~d all other po '.e-~ necess~t'S for the c,..~i e" se,.;' rs c[-t e Len:~ (b) The trust mdentura regardle=s oFthe ex =,ence of the deea oftrus, or mortgage hen on the properues, ma,.' include pro'.~s~ons pre>cnbed b~, the board for t'~e secunO of the bonds and the preser'.auon of the trust estate and ma,, ma;e pro,.~s:on for m'.es,ment of~nds of the district (c) A purchaser under a sale under the deed of trust or mo~g_~ge hen ~s the absolute o,.,mer of the propemes and rights purchased and ma,, maintain and oper~.,e them Acts 1959 ?Istl. eg eh 678 ~ I eT Sept I 1959 H,stoncal and Sta'uto%, Notes Fnor La ,,, s ~.c,s1~'5 ~.ahLe~ ch 2~8 ~e'nons,:qn CiN S~ a,q 1 .... ~ ,$ 772 324 Form of Bonds i:) B,:-.:=-a , a.'e.:': ,crc L,,~-~ :-,:., _i' .:' ' .,-.,-- (,-) A,C= -..-t S~O'"=--:" :'e.-. ca-.~c-.- a-, r-e - ~'O,'~ g- -,: :'a' a':" e'e.,,, "'2 Ue "'"""-" -:.l 5) T =,L.. ~. o's ,~ I .'r S.:, I I a'' ~ ,~ .... or/ Notes ~mor La s Vernon s A-n C:v S, al 14ZZe ~ 23 772 325 Provisions of Bonds (al lq t,'e ord,.-s or r~c . or', au ,,omz ",~ ' ~ ISSdaqCe O~CC~C_ ,%C ~ ~ FC~C %~ I\ sstth respect to the bonds, the pledge re'.enues, and the operation and maintenance ot'an~ the re`, enue ofv, Nch is pledged (b) The orders or resoluuons oFthe board aUthOrizing the issuance of bonds ma, also proi'uNt the further ~ssuance of bonds or other obhgauons pa,,able from the pledged re`,e-~ue or may reser'.e the right to issue addmonal bonds to be secured b) a pledge ct'and pa,,able from the re,.enue on a pant5 v, ith or subordinate to the hen and pledge in s~.pport oethe bonds be ng tssued (c) The er;ers er resoluuons of the board ~ss..;'-g hot,s= r-a,. con,a n othe- pros s OhS ard co`,e'~aq s a~ the board mas ce'erin,ne (c1 The board ma`, adopt aha -: s l¢,S'~ 'Jet Lo= ch b'~ ~ I eT Sept ~rJor L'~ S -~sl~Z~ -:'--r L-=: c~ 722 325 Apprm, al and Reglstration of Boncs .... ,,ot'e sPalregs.. , ~conds ct-e- tc~ ,or a-, rezseq and a~e ~lld lq~ at-c,-g o~'g- e-= aceorc -g o t-e r ,e--= ~r a 1 -o's tgS~ 'l>,Lcg ch ~-S ~ I c~ Sepl I 19S~ H~stonc~l and Statuto~ Notes ~cs 1925 8gthLe2 ch 2ZE Vernon s -"q Cmv S aq 14C2e ~ 22 .~ 772 327 RefundmgBonds (a) -k d~stnct may ~ssue bonds to re,nd ail or am, par~ ofr~ outs,arising bonds mclud~r'g r'a,ured but unpaid interest coupons (b) Refunding bonds shall mature senal'$ or othe~tse no, more tn2~ 25 sea-s aS, the r cs e oftssue and shall bear interest at (c) Re~ndm~ bond~ ma~ be pasable from tre sa~e source ss the bo-c~ be-~ r~'~de~ c- from o,her sources (c) The re=~nd,n~ bond~ --2 326 a*d shah be re~ste-ed T d o] -., 13' -Is 2' er La s x - ~cns ~qn C~v St 772 328 Bonds as Investments and Security for Depcstts (-1 D s rh.t I:onJ> :"e [e.='q "'d '~ ¢ 0','~,:' , ~ ." ', ,. (Zl ,~ s~tn~s b.~nk, ~3) ~ trust comp~n',, (4) ~ sa',ma.s znd Io~n ~ssocl~uon (.¢) ~n insurance company, (~/ a fiducmr', 772329 Tax Status of Bonds s lr~ ',~ Lc2 .h 0% ~ I ~ S.~I I I')%) [Sections 772 330 to i72 400 reset, ed for expansion] AGENDA INFORMATION SHEET AgenQa Item~ Date_ ? 'P'f' '~ ~ '=~ AGENDA DATE: July 25, 2000 DEPARTMENT' Planning Department CM/DCM/ACM' Dawd Hall, 349-8314 SUBJECT - SP-00-010 (Chtldren Ltghthouse Chtldcare Center) Cons]der approving a ProJect Plan for 1 73 acres located on the east rode of Teasley Lane approximately 700 feet south of Hickory Creek Road A chddcare center of approximately 14,000 square feet with assocmted site improvements is proposed BACKGROUND On June 27, 2000, staffprovlded to the City Council a hst of reqmred revm]ons and concerns for the proposed project plan (see Attachment 1) Although all the minimum technical reqmrements have been addressed staff finds that the vehicle/pedestrian circulation of the proposed plan, as ldentffied on Attachment 1, could be problematm Attached is the apphcant's response regarding this issue (see Attachment 1) Architectural design criteria ~s included on the proposed plan ~ The subject property is located m a Neighborhood Servmes conditioned (NS (c)) zomng d~stnct created ~n 1999 ~ The proposed s~te ~s designated in The Denton Plan as an Existing Neighborhood/ Infill Compat]bthty area Staff finds the proposed development to be consistent with The Denton Plan PRIOR ACTION/REVIEW The following ~s a chronology of SP-00-010, commonly known as Children L~ghthouse Chfldcare Center Apphcatmn Date - June 26, 2000 CC Date June 27, 2000 DRC Date(s) - July 6, 2000 ESTIMATED PROJECT SCHEDULE A bmldmg permit ~s m process of being issued for the subject property FISCAL INFORMATION Development of this property will increase the assessed value of the c~ty and county It will reqmre no short-term pubhc ~mprovements that are the respons~bd~ty of the city STAFF RECOMMENDATION The ProJect Plan conforms to the m]mmum reqmrements of the Non-residential Interim Regulations Staff recommends approval 1. OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table ~tem ATTACI-IMENTS 1 Staff Memorandum 2 Non-residential ProJect Plan Checklist 3 Project Plan 4 Resolution R~espeetfully submitted.~ Douglas ~ Powell, AICP Director of Planning and Development Prel~ar{d by ~ . Planner I ATTA~CHMENT 1 PLANNING & DEVELOPMENT DEPAKTMENT ME OKANDU TO MAYOR AND MEMBERS OF CITY COUNCIL FROM LARRY REICHHART, DRC CHAIRMAN SUBJECT CHILDRENS LIGHTHOUSE DATE JUNE 27, 2000 CC' MIKE JEZ, CITY MANAGER DOUG POWELL, DIRECTOR OF PLANNING AND DEVELOPMENT Although the Prolect Plan, for Chddrens Ltghthouse, has not been formally revtewed by DRC, below ts a hst of requ,red rev,stons and/or comments, prepared by the Plannmg Department, for your constderauon It should be noted that DRC ~s tn the process of revtewtng the final plat for Chddrens Ltghthouse and the Plans Revtew Comm:ttee ts also tn the process of revtewmg the stte plan for buddtng code tssues Project Plan Reqmrements 1 Correct the ROW for Teasley Lane It should show a 120 ft ROW 2 Prov:de the vtcmtty map 3 Provtde the zoning of the adlacent properttes 4 Show the buffer between the proposed development and the adjacent subdtvmon 5 Correct the lot layout for Lot 2 and 3 (Teasley Harbor) 6 Provide the elevauons, surface area tn square feet, dlum~nauon type, hetght, and construcnon (material and style), and locauon of all proposed stgns for the development (No s,gns are shown) Project Plan Standards 1 Architecture - a. Bmldtng ortentatton- the western elevatton (facing Teasley) ts not~ortented tuwards the street", b, Budding scale (overall bulk of the structure, mcludmg the unbroken roof ridge line) wdl be out of scale with surroundmg smgle-famdy development c The buddmg facades do not incorporate wmdows, jogs, offsets or strmlar features to provide vtsual dtveraity 2 Pedestrian Circulation - The majortty of pedestnans must cross a dnve tsle to get to and from the budding 'Providing parking spaces adjacent to the budding stdewalk would reduce pedestrlan/vehtcular confltcts 3 Ltghtmg- Ltghtmg details need to be provtded that shows that hghtmg ts des:gned tn a manner that wdl not shine upward, m,mmtztng the thffuston of hght mto the atmosphere, and shall not shine on adjacent properues 4 Traffic - The proposed parkmg and driveway layout (wtthout a drop-offarea) may be problemanc for a chddcare fac:hty servtng over 300 children 5 Fences -Detatls of the sohd fencing along the east boundary of the sublect property should be provided c~ty of Denton, Planning and Development 3 · 221 N Elm, Denton, Texas 76201 www ¢ltyofdenton corn (940) 349 83~0 fax (940) 349 7707 Robert W. Kelly arch mtect ~nc 5304 Tra~l Lake Dr~ve Ft Worth, Texas 76133 817/346 3944 fax 817/346-3984 July 10, 2000 Ms 'Deborah V~era Development Rewew Committee C~ty of Denton Denton, TX Re Children Lmahthouse, Denton, TX. ( Case number SP-O0-010) Ms Vlera, Following ~s ~n response to the project plan checkhst and some add~bonal requirements prowded to us ~n ttle meebn_g dated Jaly 6, 2000 Item#1 V~cln~ty map and zoning of adjacent properties ~s prowded on the rewsed project plan i Item#2 R 0 W of Teasley Lane ~s changed to 100' ~hd also shows 10' add~bonal ROW i Item#4 6'-0" h~gh red wood cedar fence ms provlded{w~th masonry columns @ ' 50'-0' on the north, east and south of the~pr~opert~y Item#10' If we prowde the parking next to the bu~ldlr~ as suggested, ~ cannot provide fire truck turning radius recjulred. Without encroaching in the adjacent property Item#14 Please refer to the a[i.,,ut4ed sheet A-S for ~he monument sign elevation and details Item#15 Refer to the rewsed elevabon sheet A3 I for archr~scturat changes We have added Clable feature over entrances along the north elevabon The roof slope ~s 3-1/2" to 12 and dormers as d~scussed were not Pracbcel Ad~tmnal Comments. 1 The buffer between the proposed development and adjacent property ~s shown m the revmsed tandscap~ _r~g plan 2 The wall mounted hght fixtures specified on the rewsed project plan, do not have exposed hght source See attached 3 F~te hydrant location rs shown on the project plarl Enaineerinu and Trana=ortation Comments 1 The existing and proposed R 0 W rs shown on r~wsed project plan 2 Proposed public sidewalk rs shown in the mvrsed project plan The slope of the s~dewalk would not exceed 5% Denton Munich~al Electric Buildln= Plan Comments We w~ll provide the Electnc Englneenng staff an Aute-Cad file of the revised project plan as soon as ~t rs approved by the c~ty Tl~e owner's repce=entatlve w~ll contact Denton Mumc~pal Electnc to co-ordinate easements, equipment locations and construction details Munmlpat UI;llltles Water/Wastewater Der)artrnen~ DRC comments We w~ll provide WaterNVastewater Engineering D~ws~,on w~th a d~g~tal copy of approved project plan, as soon as it rs approved by the C~ty Proposed 12" water hne rs shown m the revised dra~ngs Proposed sewer line rs shown m the rewsed project plan Should you have any further questions please feel fr~e to call us Thank you, ( Robert W KellyArcl'~tect, Inc) ATTACHMENT 2 Staff has conducted an analyms of the proposed Project Plan as it relates to the requirement for a project plan ~dent~fied m Sectmn D-a (11) of the Ordinance 2000-179 Below as a copy of the ordinance ~:equ~rements for non-res~dentlal developments A '~ indicates that the proposed project plan has adequately addressed the standards for a project plan Project Plan Standards Addressed Underground Utilities All developments must provide for underground utility installation, ~' exceptmglelectncal *n~ sub-station feeders Intereomleeted streets Where applicable, all streets must connect to other streets at both Not Applicable ends, or provide for the future connection when adjacent to undeveloped property Architecture The non-residential project shall employ an architectural design that as ~' compatible w~th the physical dimensions and features of the subject property and with the adjacent land uses, based on the following factors · All bufldtngs and structures comprising the project should have an integrated design · Btuldmgs generally shall be oriented toward the street, and mayor entranceway should face the street, · Btuldmg scale, including the height and bulk of structures, should be internally consistent and should be mtmlar to the scale of adjacent non-residential structures, ff any · Mechanical equtpment and storage areas shall be screened from the street and from adjacent residential land, · Facades should incorporate windows, jogs, offsets or similar features to prowde wsual dlvermty, · Roofs, alcoves, porticos or awnings should be used where feasible to protect pedestrian from the effect of climate, and · Building matermls should be internally consistent and eompatxble w~th the character of the area m which the project ~s located, Garage door orientation and setbacks Garage doors should not face any adjacent Not Apphcable street frontages, except alleys Where sate hm~tatmns preclude the opportunity to orient garage doors away from the street, other design measures should be employed to screen or ml~,ml~e wslbfllty from pubhc right-of-way Access management principles Should be employed to minimize traffic flow ~ dlsru~tiens on collector and arterial streets Street Trees One (1) street tree per 50 linear feet of lot boundary adjacent to a street ~ Pedestrian circulation and linkages The project plan should prowde safe and ~ convement pedestrian circulation appropriate to thc proposed land use Pedestrian 1,nl~a~es to adjacent properties should be facilitated m appropriate locations Parl~ng visibility Parking areas should be screened from public right-of-way to the ..~ extei't posmble When visible from the right-of-way, parking should be orgamzed tn smal er sub-lots to avoid large, tm~ntermpted expanses of pavements Ligl~ting L~ghtmg should be designed an a manner that wall not shine upward, ~ minimizing the diffusion of hght into the atmosphere, and shall not shine on adjacent properties Traffic calming devices Approved traffic calming devises should be incorporated an the Not Apphcable street patterns where appropriate FenCes Fencing should be treated as a design element, and be visually appropriate for its ,~ proposed location Attention should be paid to details such as use of qualified mansory products and design features as accent columns, articulation, or caps Ifused along an arterial or eolleeter streets, consideration should be given to openings an fences to provtde visual entry rotc the project area The use of berms ~s encouraged Landscape area or art Landscaped features such as fountains, gardens, or other features ~ that enhance the project are encouraged Art such as monuments or other sculptural objects that enhance the project may also be considered Such elements should be visible and/or aecesmble to the pubhe Tra~asit facilities The prowslon of bus turn-outs and covered seating areas for bus riders Not Apphcablc should be considered, depending on sate location, levels of activities, and type of sate visitation 6 ATTACHMENT 3 'X£ ,~.~-,'~"~ ATTACHMENT 4 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR CHILDREN LIGHTHOUSE CHILDCARE LEARNING CENTER, BEING AN APPROXIMATE 1 73 ACRE SITE LOCATED ON THE EAST SIDE OF TEASLEY LANE APPROXIMATELY 700 FEET SOUTH OF HICKORY CREEK ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-010, CHILDREN LIGHTHOUSE CHILDCARE LEARNING CENTER) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan reqmrement, and WHEREAS, the owner of an approximate 1 73 acre tract of land zoned neighborhood serv~ces-condmoned (NS[c]83) and described as Lot 1, Block A of the Children Lighthouse Chfldcare Learning Center Addition has made an application for approval of a project plan under the Nonresidential Interim Regulations, a copy of which is attached hereto as Exhibit "A' and made a part hereof by reference (the "Project Plan"), and WHEREAS, the City Council finds that the Project Plan, with the conditions imposed herein, ~f any, meets the reqmrements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan which ~s attached hereto and made a part hereof by reference, m hereby approved SECTION 2 This resolution shall become effective immediately from and after its approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL~r~ORM BY ~ ;9" ./ .~ 11 EXHIBIT A ~SFIOH£H~Iq SN::IIdO-IIHO Agenda No ~:~ o --o .~ & AGENDA INFORMATION SHEET Agenda Item~. 02 g. Date 7'~,,¢''' o# AGENDA DATE' July 25, 2000 DEPARTMENT' Planning Department ~ CM/DCM/ACM: Dave Hfll~ 349-8314 SUBJECT - SI-00-014 (Windsor Pddge Appeal) Consider an appeal to the Planning and Development D~rector's determination of regulations apphed to Planned Development - 86 (PD-86) for the Windsor R~dge Estates, Phase I, zero lot hne coverage The Planning and Zomng Comm~ssmn recommends demal (4-3) BACKGROUND The ordlno~nce for PD-86 does not state the specific maximum allowable lot coverage in thc zero lot line res~dentml area of W~ndsor P~dge Estates The applicant requested staff to rewew thc Planned Development and determine the maximum allowable lot coverage Staff determined per Section 35-184 of the Zoning Code that the most comparable zoning district "SF-7" has a maximum lot coverage of 35% The apphcant has requested to appeal thc Planning and Development Director's determination The apphcant is requesting a maximum lot coverage of 45%, so they could build larger houses In a letter they agreed to plant one 3" caliper street tree on each lot, unplemcnt a repetlt~on pattern prohibiting adjacent homes or homes that face each other to have either the same elevation or the same brick color and will implement staggered front yard setbacks ~ The subject property was located in an Agricultural (A) zoning district and land use classfficatmn by Ordinance 69-01 ~ The subject property was rezoned to Planned Development (PD-86) for single family (SF-7), zero-lot hn¢ and mult~ family uses ~n 1984 PRIOR ACTION/REVIEW The following is a chronology of SI-00-014, commonly known as Windsor Ridge Estates Appeal Application Date - May 31, 2000 DRC Date(s) - N/A P&Z Date ~ June 14, 2000 ESTIMATED PROJECT SCHEDULE Building permits for larger houses wall be submitted to Building Inspections Department 1 C LMy Documents~PROJECTS\SI Cases\SI 00 014 41 Windsor Pddge Appeal doc FISCAL INFORMATION Development of tlus property will ~ncrease the assessed value of the mty, county, and school district It will require no short-term pubhc ~mprovements that are the respons~bd~tY of the cnY P&Z SUGGESTED RECOMMENDATION The Plannmg and Zomng Commission motion recommending approval failed for lack of a majority vote (3-4) The motion allowed a 41% maximum lot coverage w~th the followang volunteered conditions 1 Agreed to plant one 3" cahper street tree on each lot 2 Implement a repet~tlon pattern prolubmng adjacent homes or homes that face each other to have e~ther the same elevation or the same brick color 3 Implement staggered front yard setbacks Th~s motion fmled for lack of a majority vote OPTIONS 1 Approve as submitted 2 Approve w~th cond~txons 3 Deny 4 Postpone consideration 5 Table ~tem ATTACHMENTS 1 Planmng and Zonmg Comm~sslon Report, June 14, 2000, SI-00-014 2 Planning and Zomng Comm~smon minutes from June 14, 2000 Re.~ectfullt.m v submitted ~ -' Do~t-g]as S[Powell, ~CP D~rector of Plying ~d Development Prepped by 2 C \My Documenls~PROJECTS~S1 Cases\SI 00 014 41 Windsor Radge Appeal doc "% ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Sublect, Appeal of D~rector Determmabon Case Number S1-00-014 Staff Marcy P, atchff, Development Rev,ew Manager Agenda Date June 14, 2000 Consider the appeal to the Planmng and Development D~rector's determination of regulations apphed to Planned Development - 86 (PD-86) for the W~ndsor R~dge Addition zero lot hne lot coverage The Planned Development D~stnct in Section 35-184, Regulations applied, omissions states All conditions, regulations, and development standards for the d~stnct shall be contmned ~n the ordinance or approved detailed plan for the d~stnct If any regulabon or restriction apphed ~n other zomng d~stncts by thru chapter ~s om~tted ~n the approved ordinance or detailed, plan, the regulation applicable ~n the most comparable zomng dmtnct, as determined by the department, shall apply to the property Any person aggrieved by the department's dec,men may appeal the determination to the c~ty council after recommendation by the commission The developerlm requesting the Planmng and Zomng Commission to appeal a determination made by the Planmng and Development D~rector relative to the mammum allowable lot coverage percentage ~n the zero lot hne res~dential area of PD-86 (Windsor Ridge Estates) The concept plan approved w~th Ordinance #84-133 does not list any conditions on the document However, Section IV 2 states all regulations apphcable to single family "SF-7" d~smcts shall apply to the s~te plan designated for single family "SF-7" land use, unless otherwise specifically stated here~n (See Enclosure 3) The D~rector of Planmng and Development determined that the lot coverage for the zero lot hne area ~s the same as the "SF-7" dmtnct and all the other s~ngle family detached d~stncts ~s 35% of the total lot Ordinance #84-133 does not state any other specifics relative to lot coverage January 14, 1~969 - The subject property was placed ~n the Agricultural (A) zomng d~stnct and land use class:~ficat~on by Ordinance 69-01 October 16, 1984 - The subject property was razoned to PD-86 for single family (SF-7), zero-lot hne and mult~ family uses Windsor Ridge Appeal of Lot Coverage 1 Staff recommeads the Planning and Zomng Commission affirm the Planmng D~rector's determination that all the s~ngle family designated areas (SF-7 and the zero lot hne area) are under the 35% lot coverage as required by the SF-7 d~stnct regulations I move to affirm the determination of the Planning and Development D~rector Recommend affirmation of the D~rector's determination Recommend rejecbon of determination and determine the allowed lot coverage 1 Douglas S Powell, AICP C~ty of Denton Letter to Dwight Shupe Dated May 18, 2000 2 Hughes & Luce Determination Request Letter Dated May 24, 2000 3 Ordinance #84-133 4 Hughes & Luce Back-up Material Letter Dated May 31,2000 Windsor Ridge Appeal of Lot Coverage 2 ENCLOSURE 1 CITY OF DENTON, TEXAS CITY HALL WEST. 221 N ELM. DENTON, TEXAS 76201 (940) 349-8350 · FAX (940) 349-7707. DFW METRO 434-2529 May 18, 2000 Dwght A Shupe Hughes & Lute, L L P 1717 Mare Street, State 2800 Dallas, TX 75201 RE WINDSOR RIDGE ESTATES (PD-86) Dear Mr Shupe This letter is to ¢onfu'm our eonversaUon this week regarding the maximum lot coverage for the Windsor Padge development The mammum residential lot coverages are not presented on the Concept Plan for PD-86 (Windsor Padge Estates) In the absence of ttus mformatmn, it has been determined that the maximtun lot coverage for all single-family remdentml properties within PD-86 is 35% Section 35-184 of City Code reads "If any regulation or restriction applied m other zoning &stncts by tbas chapter is omitted m the approved ordinance or detailed plan, the regulation applicable in the most comparable zoning &strict, as determined by the department, shall apply to the property" I have determined that the most comparable zoning &strict to lots of this size is SF-7, which has a maximum lot coverage restriction of 35% Please contact me at (940) 349-8350 if you have any questions regardmg thts matter Smcerely, Dougla Powell, AICP Planing & Development D~reetor ce Larry Remhhart, Assistant Director Ed Snyder, City Attorney 3 ENCLOSURE 2 HUGHES & LUCE a,,as TCx s 752°, ,LLP 214/939 5500 214 / 939 6100 (fax) May 24, 2000 Othe~ Otf,ces Writers Dwect D~al Number 214 939 5468 shuped(~hughesluce eom Douglas S Powell, AICP Via Fax Planning 8,: De.y.~$pment Dxrector and City of De ~z~n, Texas Via U S Mall City H~West 22/PN Elm /Efenton, Tex~s '/6201 Re Appeal of Director Determination -Windsor Radge Estates Dear Doug I represent Ryland Homes, the developer of Windsor R~dge Estates I have reeetved your letter dated May 18, 2000 in which you provided your determination that the maximum lot coverage for all single-family residential lots m Windsor Pddge Estates is 35% On behalf of my client, and pursuant to Section 35-184 of the Denton City Code, I request an appeal of your determination to the Plaunlng and Zoning Commission As we discussed dunng our May 16th meeting, I will prowde you with written backup for my requested appeal no later than the end of business on Wednesday, May 31st Assum2ng by back-up materials are timely provided, I understand that my appeal may be included on the June 14th agenda for the Plarmmg and Zoning Commission Thank you for your assistance in this matter Very truly yours, Dwight A Shupe DAS db cc t/~arry Relchnrt, Assistant Director Ed Snyder, City Attorney John D Hutctunson Fred Phillips 4. A Registered L~m~ted Lmb0~ty Parmersh~p Including Professional Corporations 010132 00025 520086 01 ENCLOSURE 3 AN ORDINANCE AI~NDING THE ZOMING MAP OF THE CITY O~ D~NT0~, T~ AS S~E WAS ~OP~D AS ~ ~PEND~X T0 ~E CODE OF O~IN~CE8 OF ~ C~TY 0~ DE~0N, T~S BY O~N~CE ~PLIES TO 52.9 AC~S OF ~D ~TED AT ~ SOUREST CO~E~ OF BO~IE B~ ~D PA~ D~I~, ~D IS MO~ P~TIC~Y DESCRIBED HEREIN, TO PROVIDE FOR A C~E IN ZONING C~SIFI~TION FROM AGRIC~TU~ "A" DIS~CT C~SSIFI~TION ~D USE DESIGNATION TO P~D DEVELOPMENT 'PD' C~SIFI~TZON ~D USE DES~GNATION~ ~D PROVIDING F0~ ~ EFFECTIVE DATE. THE CO~CIL OF THE CITY OF DENTON, TE~S, ~REBY O~AINS. SECTION I. That the zoninE classification and use designation of the following described property, to-wit: Ail that certain tract or parcel of land situated in the Frances Batson Survey, Abstract No. 43, Denton County, Texas, being the same 52.98 acre tract conveyed by J. A. Oladish et ux to W. C. Collier on November 15, 1951, recorded in Volume 374, Page 609, Deed Records of said County and being more particularly described as follows BEGINNING at the northeast corner of said Collier tract in the middle of e public road, THENCE south l°55~ west with the middle of said road and the east line of said Batson Survey 1145.38 £eet to a point in said road, THENCE north 8?QI5~ west with a fence mos= of the way 1200.81 feet to a fence corner; THENCE north lQ13~ east with a fence 95.7 fee= =oa fence corner, THENCE north 87~23~ west with a fence 899.06 feet to a fence THENCE north 2°06~ east with a fence mos= of the way 1041.19 feet to a point in the middle of an east-west public road, THENCE south 87°3g~ east with the middle of said public road 2095.96 feet to the place of beginning, containing in all 32.986 acres of land. is hereby changed from A~ricultural "A' District Classification .nd d.,lgn.tion to Plenn.d D. .lo?nt "P? Use design&riCh under the comprehensive zoning oro~na C£2y of Dacron, Texas. SECTIO~ II. That in approving =his planned development district ordinance, =he tit Council hereby approves the comprehensive sire plan for the areas designated for sinSle-family "SF-7" use as shown on =he ar=ached sire plan and designs=ed as Blocks A and B therein. SECTION III. That in approving the planned development district ordinance, =he City Council hereby approves the preliminary sics plan showing the proposed land uses within the areas designated as Blocks C and D for zero lot line use, Blocks E and F for multi-family (10 acres) use, Block H for neighborhood service (6.32 acres) and Blocks F and G for multi-family use (14.9 acres). Prior ~o =he issuance of any buildins perml~ for development of those uses listed in this Section III, a comprehensive site plan shall be required to be submitted and approved as part of this ordinance in accordance with '-~'"' ll, Appendix B-Zoning of the Code of Ordinances. 5. ~ SECTION IV. ~llowinS ,%onditions shall be met 1. Electrical service shall be undersround except for major =rahs- That aL1 re uLations o£ Appendix B-Zon~nS of the Code o~ Ordi- unless otherwise specifically stated herein 3. That in the area desisnated on the site plan attached hereto as .Neishborhood Service" there shall be no sales of alcoholic beverases, either for on or off-premise consumption. 4. That in the area desisna=ed on the site plan attached hereto as ,Neishborhood Service'~ there shall be no Sesoline service stations permitted or motor fuel dispensin$ pumps or devices of any kind. SECTION ~. That the development of the property shall be in substantial compliance w~th the site plan attached hereto and made a part hereof for all purposes. The Zoning Map of the City of Denton, Texas, adopted the day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the same Ks hereby amended to show such chanse in District Classifica- tion and Use subject to the above conditions and specifications. SECTION VI. That the City Council of =he City of Denton, Texas, hereby finds =hat such change is ~n accordance with a comprehensive plan for the purpose of promoting 2he general welfare of ~he City of Den=on, Texas~ and with reasonable consideration, amonS other things for 2he character of the district and for its peculiar suitability or particular uses, and with a view to consarvins the value of the buildings, prolect~n§ human lives, and encoura§inS ~he most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and ~ts citizens SECTION VII. That ~his ordinance shall be in full force and effect immedi- ately af=er its passage and approval, the required public hearioss having heretofore been held by the Plannin§ and Zoning Commission and t~e City Council of the City of Denton, Texas, after siring due notice thereof. STEW.~W,T, MA¥O~ V NTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' JOE D. MORI~IS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS ENCLOSURE 4 HUGHES & LUCE ..... May 31, 2000 Douglas S Powell, AICP Via Hand Dehver~ Planning & Development Director City of Denton, Texas City Hall West 221 N Elm Denton, Texas 76201 Re "Back-up" materials - Appeal of Director Determination - Windsor Ridge Estates Phase 1 Dear Doug This is a follow-up to my letter dated May 24, 2000 in which I requested (on behalf of my client, Ryland Homes) an appeal of your determination that the maximum lot coverage for all slngle-famdy lots in Windsor Ridge Estates Phase 1 is 35% This letter, including the attachments, provides the "back-up" for Ryland's request Windsor Ridge is a final platted subdivision in the City of Denton containing 144 lots, 63 of which are zero lot line lots with a minimum area of 4,500 square feet (the "Lots") (a copy of the recorded plat is attahed) The development standards shown on the final plat include a maximum coverage of 35% for the Lots The applicable zoning (PD-86) does not specify "coverage", therefore, the 35% requirement is based solely upon your determination (pursuant to Section 35-184 of the Denton City Code) that the city's most comparable zoning classification 0 e, the classification with the smallest minimum lot area) is SF-7 Ryland believes that an SF-7 coverage is not appropriate because it forces the construction of smaller, less expensive homes Consequently, Ryland has requested an appeal of your determination and IS requesting a maximum coverage of 45% In support of Ryland's appeal, its engineer, Carter & Burgess, has prepared the attached summary of coverage requirements for comparable lot sizes in other Metroplex cities Ryland believes these examples support its request for a 45% coverage requirement At the present time Ryland is offering four different home models for the Windsor Ridge Lots the Barton, Trinity, Jackson, and Bradbury (typical elevations are attached) As shown by the attached summary of home sizes and lot coverages, none of the one-story models can be built with a 35% coverage requirement In addition, Ryland would like to offer a fifth model with approximately 1,600 square feet of floor area (total pad size of approximately 2,025 sf) that would require a coverage of 45% If the 35% A Registered L~m~tcd k~abthty Partnership ]ncludm& Professional Corporations 010132 00025 520858 01 8. HUGHES & LUCE, Douglas S PowelI, AICP May 31, 2000 Page 2 coverage ~s mamtmned, the maximum one-story floor areas must all be reduced to approximately 1,150 square feet In conjunction w~th ~ts appeal, Ryland has been asked to constder (and has agreed to) the following additional reqmrements apphcable to all 144 Lots In Windsor Ridge Ryland will plant one additional 3-tach caliper street tree on each lot between the curb hne and the stdewalk 2 Ryland will implement a "repetition" pattern that will proNNt homes that are tmmediately adjacent to each other or that face each other across a street from having e~ther the same elevatton or the same color of brick 3 Ryland will ~mplement staggered front yard setbacks Ryland would appreciate ~t very much ff you could schedule ~ts appeal for the June 14th meeting of the Planning and Zoning Commission T~me is of the essence Of the 63 Lots ~n question 4 have homes that are occupied 4 have homes that have been sold and are under construction 3 have completed "spec" homes for sale 11 have been sold and building permtts are being w~thheld by the city Thank you for your prompt consideration ofth~s matter Call me (or page me @ 888 794 9818) lfI can be of any further assistance Sincerely, Dwight A Shupe DAS db cc Larry Reichart, Assmtant D~rector Ed Snyder, C~ty Attorney John D Hutchinson Fred Phllhps 010132 00025 520858 01 9 COVERAGE REQUIREMENTS FOR COMPARABLE LOTS Mlmmum Percentage of Location Lot S~ze Lot Coverage Fr~sco 5,000 sf 55% Grand Prairie 5,000 sf 40% Grapewne 5,000 sf 40% McK~nney 4,500 sf 50% Piano 4,000 sf 50% 010132 00025 520879 Ol Crescent Senes Oeszgns T H E J A C K $ 0 N 1,478 square feet- 3 bedroom, 2 bath OPT FIREPLACF, ~ BREAKFAST '-I OWNER'S 8DRU 2 OPT DBL ~V. L~_~J ODRM 3 OINI~ OPT TUB/ SHWR FLOOR PLAN 08/24/99 (D) 1 2. Crescent Senes Oesajns T H E B R A D B U R Y 1,644 square feet 100 x 108 ~ OPT STUDY LOWER FLOOR os/m~9 (D) 1 4 ATTACHMENT 2 p~. ~., Page 27 t consider file appeal to tho Planning and D~:velopment I Powell who said you wer~ looking at also a larg~ 2 D~r's ~ination of ~latlons apph~ ~ Plann~ 2 So what ~ have m ~s development, ~ls ~s 3 ~clopm~t 86 for ~c Windsor Rld~ Es~s, Phase I, ~o 3 also m yo~ mat~als, I did a s~a~ for you Wc hqx c 4 lothnccov~ AndI~h~cMs Ratchff~sas~ff 4 ~oncsto~homcpr~ucts~ata~m~ssubd~x~s~on $ ~o~ or brief con. eats Do ~ s~ply want ~ let ~c ~ And as a ma~ of fact m my lca~, juit to glvc you a 6 apphcant m this pa~cular case -- 6 sm~s ~ have fo~ homes ~at a~ ~cup~ In oth~ 7 MS ~TCLIFF It was my und~standmg ~t ~c 7 words, ~'vc b~ p~ budd, and ~cupl~ %~ ~ I~ 8 Ct~ aRom~ dl~ ~c apphcant to m~o Ms 8 t~ ethos that a~ sp~ homes, fimsh~ and ~dy for 9 p~s~tion first 9 sale W~ have 11 ~at we've sold and apph~ for bmldm~ 10 MR ENOELBREC~ okay All r~ght 10 p~lllts and I m at that pmnt ~c CiW says gosh 11 Ms ~TCLIFF And ~c apphcant ~s p~a~ to 11 plat says a 35 p~ccnt lot cov~ag~ and w~n you look at 12 do so 12 tl~ eno sto~ products we have this Ba~on, Tnn,) and 13 MR ENOELBRECHT All right V~ fine Is fil~ 13 Jackson nil of those a~ lot covera~s whtch exes] ~ hat 14 applicant or apphcant's ~mseamnvo p~scnt? S~r 14 on thc plat And Ryland would also hkc - I have m 15 P~s~ g~ve us yo~ name and busings ad.ss for ~ 15 cat~o~ a new product actually to build a la~ hom~ ~l ~h 16 ~ord 16 Is a I 600 squa~ foot, which whefl you add ~e pad for 17 MR sHaPE My name Is ~e Shupe 1717 Mam 17 garag~ brings you up to a cov~age which ~s ~e bas~s tot 18 Dallas, 75201 And ~ apphcant Is Ryland and, as a ma~ 18 ~e 45 p~cent ~ucst And ff thc 35 p~cent s~ys ~c can 19 of fact ~ had so~ pm~ bad ~ m Dallas and John 19 braid und~ ~e 35 p~cent cov~age but what ~at d~s ~f 20 Hutchinson who's ~6 p~ld~nl of Ry~nd - I ~l~k -- John 20 lasted of allow us ~o budd a 1 600 squa~ foot home ~ha~ 21 just wa~ m ~ls Is an ap~l lmm a d~lslon or a 21 ~ves the home s~ze down to 1 150 squa~ 22 de~matlon by yo~ Planning D~tor ~a~mg ~ lot 22 So I ~mk yo~ s~ff is acnng Wl~ln ~ 23 cov~ ~t apph~ ~o ~o lot hnes m Windsor Ridge, 23 ordman~ in looking at lhe small,st sr that would apply to 24 Phase I ~ls Is a PD which d~sn't sp~lfy wha ~at 24 ~s and ~61r d~ls~on that ~t ~lly n~s lo bc an sF ~ 25 cov~a~ Is 25 ~s pwbably a co~l on~ und~ yo~ ordinance But ~c Page 26 Page 28 1 And my und~nfilng of ~ s~ff's position is ~hove flint a la~ cov~a~ and 45 p~c~l Is wha~ x~c x 2 ~l's a de~lnation ~t's made by ~ Planning D~tor 2 asking for, ~s appmpnat~ for ~his ~p~ of a pr~uci m 3 but he's som~t bmlt~ in how ~ makes ~at 3 ~s final pla~ subdivision And I'll be happy to ans~~ 4 deflation He l~ks al ~e avadabl~ s~ dis~cls you 4 any of yo~ questions 5 have as kind of ~e m~u ~lat he sel~ts from and ~en he 5 MR ENGELBRECHT CO~1$SIOn~S, a~ thcr~ an~ 6 chooms a cov~age which Is bas~ upon file ~lslm~ SF 6 questions for ~ 5hup~v Ms 7 desolation which most closely fits o~ 4,500 sq~ foot 7 MS ~U~DI~ I guess my only qu~tlo~ is that 8 ~o lot hne homes ~d ~ smaller you ~w ~s an s~ ~ 8 you'~ ~e ~son why you'~ going up to 45 p~cent ~s 9 and, ~fo~, ~ de--matron ~s ~t an sF 7 apphes to 9 b~ause of ~e Nmnb~ 5 home model home ~at y'all arc 10 ~e 4,~00 squa~ f~t lots And ~'s a provision of yo~ 10 wanting ~ bring on ~at ~lly d~sn't ex,st at ~s momcn~ 11 ordinance ~at allows us to ap~l ~t d~s~on W ~e 11 m tim~? 12 Planning ~n~sston and to ~e C~ ~unc~l 12 ~ sHuP~ Y~ ma'am 13 We have ~ues~ m o~ ap~I a 4,500 or a 45 13 Ms ~OURDI~ SO we ~lly right now we ~ just 14 ~cent cov~age ~u~m~nt And ~ ask~ ~5~ and 14 d~hng with 41 p~ceaI b~ause that's an ex~stmg s~ k 15 B~s to give you some ~amples And, by ~e way, ~e 15 ~e ~ackson home swle? 16 final p~t, I filmk, ~s m yo~ ~t~lals and ~ a~ 144 16 M~ sHuPE That s co~t ~e latest we ha~ c 17 lots on ~at And of ~e 144, ~ a~ 63 ~t fall In~ 17 now is ~ Jackson which is a 41 p~ceat cov~age 18 ~ls ca~o~ of zew lot Ii~o, 4,500 squa~ foot homes for 18 Ms ~ouaol~ And SO why d~d y'alI want to bring 19 which we a~ asking for an mc~se In ~e cov~age from35 19 m dns fif~ pr~uct or ~ls fifth home? 20 to 45 ~cent And ~s ~s just an ~amp~ ~at m looking 20 MR SHU~ ~ think ~ s a market for a 21 at Phno, McKmn~, ~a~ln~, ~and Prame, and Fr~sco for 21 larg~ hom~ on ~ lot 22 comparable lot sl~, ~ose cov~a~s a~ as low as 40, a 22 MS ~uaola lhank you 23 coup~ at 50 and on~ al 55 p~cent And I don't know 23 ~a ~O~L~S~CHT Mr McNedl 24 ~cfly w~t you'~ l~hn8 at m yo~ final d~gn 24 M~ M~E~L I ~ess you probably sa~d ~t 25 smnda~s, but I ~ ~ I ~nk ~t was probably ~ 25 wha's ~e bt s~ you'~ d~hng w~ h~? PLA~G A~ ZO~G CO~SSION ~ 14, 200( 16 Page 25 - Page CondcnseItTM Page 29 Page 3 2 MR MCN~ILL Yeah And so -- okay Thank you 2 doing a very job of doing that calculation 4 subthvlston? 4 there are al~ad~, people occupying homes wluch are air.ad) 5 ~ SHUPE There's a table on thc face of the 5 o'.er thc 35 percent, which is what you've stated and Mr 6 plat which for thc three adds up to 144 lots And, M.r 6 Shupe ts asking for -- what do we do? I mean, th~s 7 Chairman, tha~ are 63 which fall mtn the 4 500 square foot 7 it's just another situation where I look at tt and I m n~l 8 zero lot hn~ category 8 because we'~ deahng w~th something wc can't chang~ 9 MR ENOELBEECHT Thatyoulrehavmg the problem 9 MR PO'~t, ELL xsell thecx~stmghouscs. Igu~.,s 10 w~th that you'd like to see changed'~ 10 techmcall) ,,se could go back and ask that they be r~.mox ~d 11 MR SHUI'E YeS, sir 11 but I don't think that s hkcly There would bc 13 questtons fur Mr Sbupe7 It appears not Thankyou, sir 13 rebullt and they could ha -- tbc effcct of thls would b; 14 MR EHUPE Thank you 14 negligible But for nexx structurE, and that's why I th~nk 15 MR ENOELBRECHT ^ppreciate It Docs staff 15 thc applicant ts hare tonight, they want to continue to 16 have any remarks they'd like to make? 16 build that product on those lot s~zes And to do that 17 MS HUDSON Yes sir ~ Shapers cnn'entre 17 knowing noxx that the~ don't meatthat 35 pcronnt the> 18 that the Zoning Ordmancn in Section 135-184 states that he t 8 looking for an ax enue to increase the lot coverage 19 has the abiht~ to nome before you to render a decision or 19 percentage 20 appeal thc detector's decision The orthnance docs not have 20 MS OOL'RDI[~ And you don't feel that the 21 any condatloos for the zcco lot hen, what the lot coverage 21 condatioos that they're offering to plant an addational tre~ 22 should be And staff r~coouueads that the Planmng and 22 and repeutlon pa.ern and staggered froot yard setbacks 23 Zoning Commiss~on affirm the Planning Director's 23 a compromise that s acceptable~ 24 determination We'll be happy to address any questions that 24 MR l,o~x ECL ts ell, qmtn frankly it's one of 25 you may have 25 those I think ~f )ou look at the ordinance black and ~ h~ta Page 30 Page I Ma ENOELBRECHT I believe we have some Ms o's fairly obsious that the decision I had to make v,a~ to 2 Oourdae 2 impose the 35 pcroen!age If the question is Is the 35 3 MB OOUP. DIEt guess what I don't understand is 3 percent still an appropriate number given thc changes 4 he had a thing up there that sa~d four homes already 4 market, rite fact that that s been there smoc thc Code x~ as $ occup~od at this -- four homes arc occuplcd Isthatwhat 5 wnttanm1963 ~m-,ea the fact that we're probably gotng ~o 6 ~t sa~d'~ Okay So tl~'vc already built this product and 6 change that w~th the new Development Code I think that s 7 that's what I'm understanding It's already an cx~stmg 7 the applicant s argument Unfurt~oataly with the 8 product My question is how thd tt get this far? How did 8 constraints of the ordinance, I wasn't able to make that 9 they get to do this w~thout knowing? I mean I understand 9 determination It docsnt say I can make that 10 that the ordinance didn't speak of it but I find that 10 determination howe'~er thc Legal Dcpar~neat feels that thc 11 there's a flaw somcwha~ along the line whether it be in 11 Board can make that decision ou~ldc of thc narro~.~ 12 braiding [nspccUon or the plats or whatever happ~ed 12 penmeters that I had to make my decision 13 Where thd it fail that we thdn't catch th~s befor~ they put 13 ~s C,O~'RgtE Thank you 14 a pad sit~ down? I ~uess that's what I'm drawn to and 14 MR I:~xOEI. ER~¢HT Actually, If I could just 15 lnqulrmg about 15 mten'upt for a momeat I behave it's the Ctt~ Couac 16 MS HUDSON 111 let Mr Powell add.ss that 16 that actually makes the dec,sion Ours ~s simply a 17 Ms OOURD[~. okay Thank you 17 recoo~nendat~oo Is it not? lg MR pOWI~LL need evanlO8 I'm not su, re if I 18 NIR. '~.T~ The actual decision will be b~ the 19 can address it -- or answer it, but I will address it 19 City Council with a ~ecoum~endation from th~s Conumsston 20 There ts, I tlunk, a lack wl~n reviewing building permtts to 20 MR ENOELBRECHT okay 21 make sur~ that we made sure that tho bmldmg lot c°verage 21 MR pO,,X£LU l'hankyou Iapolo~ze 22 wascalculatodconecllymthepast Tharewer~several 22 i, ds E~,OELBRECHT NO that'sokay ]just 23 instances wh~m~, m different subthvtsions where that lot 23 wanted to make sure '~e we~ on the - we dad ha~e some other 24 coveragu was not calculated correctly aud accurately And 24 questions Ivir IvlcNelll 25 i,mnot sur~ofth~sp~lficsoftlussubthviston, butther~ 25 ~m 'ac~,'~H.~. ',o lthn)khaauswer~dthe PLANNING{ AND ZONING COIviMISSION JUNE 14, 2000 17. Page 29 - Page 32 CondensoltTM Page 33 Page 35 questton Well, I ~uess for clarification, W~*I~JUSt MR MAR'W, ~hcrc would be no 20 p~ccnt mit 2 ~mg about ~c d~ff~n~ bc~n 4~0 squa~ f~, n~t? 2 ~s ~s not a zoning case 3 Ten p~c~t ~s all ~'~ ~lly m~mg about? So h~ would 3 M~ ~o~ ~LL ~o but I ~mk - 4 gain -- which ~s basically ~6 s~zo of ~e garag~ 4 MR RISHEL R ~ as a PD originally Is ~at 5 MR POWELL CO~i $ co~t? As a m ~t s~ould hme gone ~u~ ~s as a 6 MR MCNEILL okay Sounds ~sonable ~ank 6 zomng case So ~ whole subd~ws~on would have b~n 7 you 7 l~k~ at m ~at prom m ume and we would have g~x en 8 MR ENOELBRECHT Mr R~shel 8 nonce at ~at point m nme to oth~ p~plc that would hax c 9 MRRISHEL Mr Powell,~tconc~sme~ato~ 9 b~naff~l~byu ~nd~ts~nstomehke~ve'~ 10 pr~ess and o~ c~bfi~W for o~ cfl~zens ~s gmng to 10 torch, venting o~ ~ponslb~hw that ~ have to those 11 come m question ~ Maybe Ws a ~al question that I 11 p~ple m fl~e pries, ~at we ~ gmng fl~ou~ now I 12 have If ~ls was a n~ subd~ws~on and ~ ~ changing 12 app~mte the fact ~at ~ ~s an app~ls process 1 13 something about ~t ~ would g~vc notice to ~c adjmmng 13 appr~m~e tl~ tact ~at ~ bufid~ can come fo~ard and 14 p~ple m ~t a~ and fig neighbors flint ag aff~ by 14 say I questxon wha~ o~ dxr~tor has put forth as s~m8 15 ~at pamcular subd~ws~on ~y ~s ~t that w~ don't go 15 And I finnk o~ d~tor probably had no chmce m ho~ h~ 16 t~ough ~e precis of g~v~ng noUce to p~plo and let th~n 16 mt~mt~ what ~ a~ out fl~ and c~ntly on ~c ~ound 17 know ~t we havo c~rcmnvent~ or gone around or avmd~ or 17 Solapp~mtefl~eproce~s fl~e fact that we have a 18 I don't know what ~ propg t~ should bo h~, some~mg 18 process, n~b~ one ~d ~e ma& a d~seuss~on from our C~ 19 ~t ~otemto som~ngand now~hawad;ff~nt 19 m~efact ~at:t canbeap~lMm someway shape or 20 p~uct ~an w~t ~ originally p~t~ to o~ local 20 fonn But I'm just ~ ondmng ff notlficatmn has b~n done 21 c~t~ns ~at ~ w~ going ~ put m ~at ~? And so n 21 to ~ oth~ p~ple ~t a~ aff~t~ by ~s 22 bo~gs me ~at ~'m going ~ou~ ~s process I know 22 Ma po~x ELL If I ma} 23 ~t's an ~ba~assment to o~ C~ but I also want to make 23 ~g ENGELB~CHT ~ eah ~ Powell 24 s~ that ~ ~ve g~ven o~ near,bors pmp~ not~co And 24 MR POgg ELL &nd I think the qu~Uon of ~ 25 maybe that's a l~al qu~on 25 R~shel, th~ ~s anotk~ m~hamsm by which to do th~s and Page 34 Page 36 M~ M~TIN I Wag ~mkmg ~at ~ had g~ven that would be to amend ~e PO And t~t was d~scuss~ w~th 2 nouce 2 fl~e appbcant ~ cho~e to go ~s rou~ 3 MR RISHEL I m~n a not,ce of tins m~t~ng 3 MR ENOELBRECHT MS Apple 4 w~ ~ard lo posting th~s and pumng s~gns out hke we 4 MS APPLE I hage a questmn ~ Powell Ii l 5 would any otl~ process ~at we would go ~ough wh~ ~'~ 5 und~s~nd fl~e fig~ ~at he had Ca~ and B~gcss 6 making ~By a down-zomng m ~s pa~lcular ease 6 compde about oth~ a~ crees why would o~ fig~e be so 7 MR M~TIN well I don't ~mk ~s was a 7 much mo~ ~smcm e on ~e co~ ~age ~an ~ose c roes 8 zomng case but I was un~ ~ ~mpmss~on ~at ~ d~d give 8 which am b~utffull~ dex elop~ c~Ues~ 9 ~ -- I ~ou~t ~ had - w~ going ~ g~vc not~cc on fl~e 9 Ma voxx ~LL ~ause as n~r as ~ can tell 10 200 10 from o~ ms~rch ~at lot co, gage prows~on was adopted 11 MR pOWELL My und~smndmg ~s ~at we d~d not 11 w~th ~e original C~e hack m 1963 And I ~mk ~t was 12 g~ve not,ce to adjoining prop~ o~ Ho~, ~t was 12 just a d~ff~nt market back ~en and ~t was an approprmt~ 13 not~c~ as a pubhc h~nng ~t~ m ~c n~spa~ We 13 n~ back ~en I ~ I've - 14 didn't do ~atV We d~dn't do ~at 14 MS APPLE ~ot sO appropriate now 15 MR REtCHH~T Wg d~dn't ~ause It is not a 15 MR POgX ELL ~ ~h I do bcheve ~at th~ ~s a 16 pubhc h~rmg It's an appel m an ex~uttw dgtston 16 n~ for lot cox~age ~ should be a maxlm~ lot 17 As far as we d~d wl~ o~ ~reh, It dtdn't ~ 17 cov~a~ especmll) aft~ svorkmg m Houston wh~e boosts 18 noofication And g~wn ~e s~oundmg pro~ w~thm 18 sometnn~ a~ 98 pecent lot co~age I do beheve th~ 19 200 f~t ag I behove, a~ own~ by ~ appheant or 19 n~s to ~ a max:m=~ n~b~ But ~e ~ssue of wheth~ ~e 20 vacant -- 20 35 p~cent ~s still appropriate 21 ~ RISHEL B~t I'm cons~dmng ~c VD as a 21 MS APPLE Exactly ~ause I was ~:nkmg that 22 who~ and how ~at would ~ve aff~ ~ approval 22 ~e 50 p~cent you ~oxx ~at ~e o~ c~t~ s~n~ ~ go 23 m~ally of new,bors around ~at and wh~ ~ would 23 by, s~ v~ appropna~ ~p~mlly for ~s ~e of 24 have ~n a 20 ~c~t ~t would have b~n apph~ ~ ~at 24 home 25 ~dIdon't~owhow~t" 25 Ma ~OW~LL m~t ~d~t'swhywc'g ~LA~G A~ ZO~G CO~SSION ~ 14, 2000 Page 33 - Page 36 18 CondenscltTM Page 37' Page 39 I currently In ~he process of r~writing our ~vclopm~l Code houses and is ~s some ~e of hazard or some~mg el ii,at 2 b~ause th~'s a lot of ~at m o~ ~x~stmg Zoning C~e 2 na~ from my fi~ p~son who's usually h~ 3 wh~ ~e s~ndards hav~'t come up to t~a)'s s~ndards 3 MR ~OW~L~ [ do know that ~ ~ bm drag 4 MS APPLE lhank you 4 codes ~at ~m~ a tim rat~ wall wkn you ~ve 5 MR ENOELBRECHT If I could In~t JUSt ~ 5 close t~cth~ 6 add onto that You us~, I ~h~v~, ~ Po~ll o~ sF 7 6 ~R ~ ILLIAMS HOW Close? 7 standard d~d you nee 7 M~ pOWELL ~2 f~t 8 MR POWELL YeS sir 8 MR ~XILLIAMS okay ~ank you 9 MR ENOELBRECHT And if you'll look at, )ou 9 MR ENOELBRECHT Mr Mo~no 10 know ~eSe cov~8~ ~u~ts a~ for much small~ lots 10 MR ~iORENO YeS s~r ~ PowelI If you ak~ 11 ~ese o~ c~ties have ~mbhsh~ on~ for 5,000 ~d 4 000 11 the z~o lot hne up m 45 p~cent will ~at haw any 12 squa~ foot lots and ~'~ going to ~t ~ that w~th ~e n~v 12 aff~t on ~e mm~m~ s~de yards and ~r yards~ W~II ~t 13 subd~ ~s~on ~latmns and ~at's pan of what s caus~ 13 still fit w~thm ~at footprint~ 14 some probl~n ~ McNcill, you had a qu~t~on~ 14 ~R POWELL YeS 16 ~at ~'S a bufld~ ~m8 lo mc~se ~ s~ of ~ 16 n~b~s on yo~ plat 17 house andlthmk~ou~t~,ff~'sawa) to 17 Ma pOWEL~ NO Bas~cally, you'~gomgto 18 accon~odme ~at, I ~mk fl~at's a mov6 m ~ n~t 18 ha~c small~ backyards 19 diet,on One of ~ conchs ~at you h~r Is ~at ~ ~ 19 MR MOaENO small~ backyards Okay 20 building ~o many of thes~ small crack~ box s~zc houses and 20 MR pOW~LL They 11 still have to m~t all thc 21 h~'s a case wh~ we'~ ~m8 to bmld a larg~ house I 21 setback ~m~mcnts and ~ose a~n't changing 22 fl~mk 35 p~cent d~s not ma~ sense at all for a z~o lot 22 Ma ENOELBRECHT okay Any o~ quest~oni 23 hne h s just -- ~'~ cau~t m a fact ~at ~e don t 23 Cm~lssion~s? ~ Po~ll I know ~at you made mention 24 ha~e a standard for z~o lot hne, 4,500 squa~ f~t lots 24 the fact ~at m fl~e ~ rite of o~ Code, ~'~ probabl) 25 So I don'~ f~l ~at ~ C~W should ~ ~awais~ h~e ~f 25 going to ad.ss ~s issue ~ ~at ~tent But I Page 38 Page I we w~ to ovule yo~ ~m8 I ~mk we%c jusl roet a thee a~ oth~ asp~ts that go along w~th ~o la~ 2 ~hsEc s~ation h~ and d~l~ wl~ ~t ~a~ you 2 cov~a~ ~n't we also I~kmg at som~ o~ potem~al 4 MS ~U~[e T~nk you I 8u~s what I m 4 as sm~mg ~e s6backs and possibly sm~ng 5 wond~mg Is ~s ~at ~ also have p~ple cl~onng about not 5 garages and some of those seas of ~mgs? ~uld yon 6 hawng affor~blc housing and you can't ~ve a 2 000 squa~ 6 ad.ss fl~al 3ust a hule b~tV 7 foot home for less ~an $100300 00, which ~ould ~en be 7 MR POW~LL well ~cy'm sera.hat ~nd~cndcn~ 8 mo~ than ~at according to their statistics So ~t g~s 8 ~ssues One the way we'~ going to d~l w~ lot cox 9 bothways Andlund~smndwhat~'~domg ~X3atlm 9 m~cn~Codelsfl~elothasmbo I~,120~ccn~ 10 questioning now is ~s it poss~bl~ ~ ~u~t ~l ~t go up 10 of ~e size of ~e budding which I ~nk ~ to a 60 11 to 41 p~cent since ~at's what ~'~ marketing and l~x e 11 p~cent lot co~a~ But ~e braiding s~ ~s gmng to bc 12 th6 45 ~cent off on ~'~ ~uest~n8 off b~ausc ~at 12 relat~ fl~at way ~ ~ lot s~ze ~ a~ also pro~ 13 has not come rote ~mg y~O It d~ not exist It's ~ be 13 c~ntly propos~ fl~at for lots small~ ~an 10 000 squar~ 14 det~mn~ at ~ 1,600 squa~ f~t level l'm just 14 f~t ~ are design standards ~at you mcntlon~ thc 15 wends[ag [f ~at would ~ something fl~at we could do 15 gara~ m ~e front and side angl~ and ~r on~ So 16 w~out wo~m8 about r~uficaaons down ~e road for o~er 16 those aff~t small~ lots y~ But ~t ~lly ~sn't an 17 ~mgs we ~ght h~O 17 lssu~ d~tly ~lat~ to lot cov~age but it's ~ sam~ 18 MR POW~LL NO My und~smndmg ~s you or ~ 18 bo~ d~ls w~ small~ lot subd~ws~ons 19 C~ Counctl, you can mako a ~o~ndat~on but ~ have 19 MR ENGELBRECHT BUt m ~ ~flse ~t when x ou ~ l asking for 45 but you could set It an~h~ 21 mass m ~ subd~ws~on? 22 MS ~URDIE okay ~nk yoB 22 MR pO~VELL T~I'g CO~t 24 MR WILLIAMS YO$ IS O~ ~ p~gO~ ~ I 24 ~ s~t b~ause ~'~ close to~ ~ ~m with and 25 would hk~ to ~ow som~ saf~ ~ssu~ about ~ closen~s of 25 now ~'~ just larg~ Did ~ls d~lo~ su~t PLA~G A~ ZO~G CO~SSION ~ 14, 2000 CondenscltTM Page 41 P,tge 43 anything with regard to addrcssiag any of those ISSUes? I responsible citizens both that w~'m putting forth thc didn't sec anything m here: with regard to possible offsets 2 very best project ~ possibly can and we're gORing our MS OOURDIE It's OU page 8 3 citizens notice on an ongoing basis of the difficulties or MR ENOELBRECHT Did ] miss that? Okay OB 4 tlm threcnons that we're trying to take our C~' 5 page: g I wonder if you might read that, MI' Power 5 especially wnh the fact that we have a rewrite that ~s 6 MR pOWELL It says In conjunction with tho PO 6 going on and we're trying to lmplenlent someff~ng very soon 7 Ryland has been asked to consider and has alP'~gd to the 7 I think what we have that's currently on the books n~ds Io 8 following addmonal reqmrcments applicable to all tlc 144 8 be adhered to and I think thal our public should enjoy the 9 lots m Windsor Ridge One Ryland will plant one 9 fa¢l that our City Is overseeing their things 0 addluonal three-inch caliper strut tree on each lot l0 I don't bloal~ this all on Ibc City either I I between thc: curb line and the sidewalk Two, Ryland v, dl 11 thank that the builder has a responstbdlty also to make 2 ~mploment a r~¢t~tton pattern that will prohthlt homes that 12 sure that he's complying '~ ~th the 35 percent '~hleh is on th. 3 arc muncdtately adjacent to each other or that face eceh 13 books now and al this point in time And If be makes a 14 other across the street from having either the same 14 var:anco from that ts should have been done before we 5 ties atloa or the same color of brick Tlu'ec Ryland v, lll 15 the property and not after be built the property 6 mlplement stagg~gd front yard setbacks 16 ~ E~GEI.aP.~Ch'T Any other quesnons for stafi ~ 17 MR ENOELBRECHT okay Iwonderlfyoumlght 17 Appearnot Mr Powell or any otber staff members any 8 explain exactly what staggered front yard setbacks will 18 final conauonts'~ Okay If not Con'amssloners 19 mean Is the~ somc specifics that you all have worked o6t9 19 M~ So~loNeao~ ^ guesO 90 MR POWELL NOt to my knowledga Maybe wz: can 20 bis APPLE This ts not a public bearing I have the apphcant clarify that 21 MR ElSGELS~CWC This la not a pubhe beefing ~2 MR ENOELBRECHT okay Iwonderlftho ~2 but we have asked lndtvlduals that v. anted to speak Comeon 23 appheant mlght b~ able to sort of clanfy what's meant b) 23 down We have ask~d others lf tbey would hke to speak II 24 that Are they going to offset thom by five f~t every 24 yea would give us your nmlg and address please 25 ether one or do you have a plan tn mind yet? Or that's 2-~ MR L:DMONDSON Tom Edmondson 2228 Cresangado~x Page 42 Page I still to be worked out'/ My property adjoins the property that we rc talking shoot 2 MR SHUPE There's not a specific plan, Mr 2 The property If you will drive by and look at what s 3 Chairman Thgrc have been some d~scusslons on how often ~x ou 3 happening it should be r~ferrcd to as Windsor Rldg*./Hard~, 4 do that and by how much you do that, but there arc not 4 Board Estates And tf you do decide to go for coverage 5 specific nmnbers And I think the last suggestion of the 5 45 which I hope that you do not I would hko to see abc 6 staff 1 don't rcmcmberc what the numbers we~ but I don't 6 all back You know when we talk about tho homes th 7 think thom will b¢a problem in terms of coming to 7 been bruit m Frisco errand Prairie Orapo'~ mo, McKamc~ 8 agreement on staggonng tho setbacks simply so that o'~eC, 8 and Plane I fecl sure that ~t Is not 95 percent haM) 9 homo is not exactly tho same distance from the front yard or 9 beard So tho material that they're using and what ~s 10 from tl~ front lot hne But we do not have a specific plan 10 alrcady in that area they arc what I classify as raping 11 for how to do thut 11 neighborhood They have not held up well They arc 12 MR ENOELBRECHT t don't know Under the 12 braiding homes with, and I'd bo willing to be correctol 13 assumptlon that thls would ga forward to Clty Gou-qcll I 13 20pcrcentbrtckonsom¢ofthctrhomes So when you t ~lk 14 would personally ask that you-all have some number ax stlablo 14 about affordable housing, they have made tt affordabk. 15 to ets e to Councd so that they have some sense of ~shat this 15 housing but they certainly have not held up to the standard. 16 couldbe Atthlspomta'skmdofopon Okay Any 16 of the notghborhood whlch breaks my heart as l go by 17 other questions for Mr Shupo? Thank you Mr Pashel do 17 I want you to reahzo that we went through hock 18 you base a question for staff? 18 with Bob Shchon, tho developer And then when he came 19 MR RISHEL l m just, once again, one of the 19 w~th Ryland and Ryland came in with him a looks hk~. 20 things that we have continually corm: up as we discuss 20 have birds flocking togather because they arc not doing ~x hat 21 subdivisions and eD's and what,va else, is lot slz~ and 21 is right All they arc thinking about when they get dox~ n to 22 density, how it affects our traffic and how it affects 22 corporate headquarters Is figuring the figures to make thc 23 ca. ss into om' primary thorot~ghfares and strects And so 23 profit better for them and not giving any consideration to 24 I'm concerned, once again, about our notification to p~lo 24 thc neighborhood So what am I saying? I m saying that 25 and I'm concerned about our credibility as a body and as 25 want it to stay at 33 percent But if you do go to 45 1 Page 41 - Page 44 PLANNING AND ZONING COMMISSION ILIN-E 14, 2000 2 o. CondenscltTM Page 45 Page 47 I would hke to s~ It all brick Thank you very much I MR ENOELBRECHT Mr McNcfll I 4 Anyone clsc p~t to ad~s ~s Ag~da lt~? Okay, 4 allow thon to havc ~ additional tcn p~nt of the lot 7 I ~hzc ~ last 1~mc ~s camc fo~ard was m 1984 And 7 unless ~ Mamn has 8 I guess w~t I don't und~smnd, to ans~ ~ ~tl~an's 8 MR M~EILL SO all of rinse o~ qu~tlons 9 questmn, ~s w~ d~d ~t go a~ m ~ building mat~al 9 about ~e addmonal traffic, that's a~dy ~n appro~ cd 10 pr~ess or ~h~n d~d fl plat or w~n d~d tho o~ proc~ses 10 because the nm~ of lots a~ not changing fl~e number el 13 last t~me th~s was approv~ or ~ P~nn~ ~elopment, ~o 13 houses according to that PO is my und~mndmg 14 detad~ plan ~ as approve, ~at at ~t tune ~e building 14 MR ENGELBRECHT it should be not~, hm~ ~ er 16 ta~ about or l~ wasn't brought up as a condit~on of 16 that - fl~e condmons ~mt ~ had smd ~at ~ would 17 approval Ness it's ahnost a g~s~ ~at ~ will b~ a 17 m~t 18 c~m~ccn~gcofbnckbutldon'tb~hcvcat~att~m~ 18 MR MCNEILL R~ght ~ey'vcsa~d~woulddo 19 fi~ was any consld~ation giwn ~ ~at 19 &at but ~at's something ~at ~'vc a~ to as paa oI 21 before us lhou~ and wouldn't ~ have had thc oppo~mW to 21 MR ENOELBRECHT Rl~t, 22 make those conditions~ Or dM tb~ j~t come f~ard and 22 M~ MCNEILL If ~ey want~ to conunue on hk; 23 th~ am now fl~ could continue on building houses only 23 sa) okay x~c n~ ~ budding p~t~s? I gu~s I f~l 24 hke the~ s a st~ m~ssmg that d~dn't ~et done ~aus~ all 24 doing 35 p~ccn~ lot cov~a~ 25 I s~ ~s ~c o~manc~ pa~ 25 MR ENOELBRECHT R~ght, ~actly, and would nc~d Page 46 Page MR REICHH~T ~t'S a~dy an approv~ Po 1 no~mg 2 It's on fl~e - I m~n, &c P~nn~ ~clopm~t t~c~ ts 2 MR MCNEILL Rl~t 4 MS ~L~DiE a~lt But don't ~oy haw to - 4 MR RISHEL Y~h I m~n ~at's w~t I S~ oa 6 t~ough ~e same pr~css as tt d~s now It would have gone 6 sta~ on what th~ wdl a~ ~ acc~t and would be a 7 to the planning -- 7 pa~ of thc pro.am and pa~ of ~at ~s ~et~tlon change 8 Ma ~L~DIE ~ll~ plan 8 and the sta~ setbacks and ~ ~ tach ~s along 9 MR REICHH~T Y~S ~actly ~ would have 9 ~ And I don't s~ why we couldn't put m ~c~ 10 b~n an approxed d~mfl~ plan 10 so~ung ~at would allow us to have a bl~ br~ck 11 MS OOL~OIE okay I guess I'm confus~ 11 p~c~ ~u~ent on ~c homes b~ause I ~mk the 12 ~ause ~'s no~lng h~ to ~lly show what ~ pr~s 12 proc~s flint we go from, go ~ou~ ~s a pr~ess of g~x ~ and 14 MR REICHH~T It would ~v~ ~n ~ $am~ 14 and kn~ ~at thc cov~agc was going to be dlff~nt t 5 process 15 would have n~ot:at~ ot~ ~mgs m ~s and we hax en t 16 MS ~L~Dt~ SO, you know, I guess I'm confus~ 16 had flint oppo~mW 17 as to how ~e p~t ~ nea~borh~s How do ~ k~ ~s 17 I can tell you n~t now I will not ~ voting 18 from b~mg dumms~ dewlopmem af~ 13, 20, 30 y~rs? 18 for ~us b~ausc I'm conc~ about ~ have flaw~ input 19 ~ ~ ~ve ~lat au~onW? ~ ~ only ~mg ~at ~ have 19 for o~ ctt~zcns to make cements on ~s, for us to hax c a 20 ~e au~on~ to do ~mght Is to m~e a ~Ol~datmn to 20 chance to look at ~s as a whole And I ~lnk ~t the 21 ~ CtW ~uncfl as to ~ p~cen~ of cov~a~? 21 pr~ess ~at ~'~ going ~ou~ al~ou~ I app~mte th~ 22 MK REICHH~T R~lly, ~at ts ~ only ~mg 22 fact ~t ~ have an oppo~mW to appel, I ~mk that 23 MR EXOELBRE~T That's all we can do ~ni~t 23 ~ve a lot of room h~ to ask ~e bmld~ to bnng us to 24 ~ause ~at s a~ ~t's on ~ Agenda 24 o~ con--umW thc v~ b~t devclopnlent ~ poss~blx can and 25 MS ~L~l~. okay ~nk you 25 I'm not s~mg ~at ~ppemng h~ PLA~ A~ ZO~G CO~SSION ~ 14, 2000 2X Page 45 - Page 48 CondonseltTM Page 49 Page 51 I MR ENGELBRECHT Okay Con~umsstoncrs, aFe I MR MORENO well, If I can, we're asking them 2 the~ any o~r co~ts or questions for staf~ If not, 2 to volunt~ to put 75 p~ccnt brick? 3 ~e~ a motion? Ms Apple 3 MS APPLE Yes As one of ~e cond~tmns that 4 MS APPLE I would l~e to move to honor thc 4 ~ have off~ to do, I am happy ~ acc~t ~ctr app~l 5 g~tleman's ap~ ~dmg the dete~matton of the lol 5 w~ fl~e lot cov~ago sf ~ wdl voluntarily -- 6 cove~e, But I would l~e to include t~ con&t~ons that 6 MR MORENO Mr ~a~an, I'm wondering ~1 7 Ryland h~ al~dy ~d to m thctr letter and also ask 7 would bc appropriate to ask ~e apphcant ff he woutd b~ 8 ~at ~ a p~ of that ~nd~t~on, they mcr~ ~e back 8 wflhng to go along w~ ~at tomght or not 9 pestle to 75 ~r~t 9 MR WILLIAMS IS that wllhm Robe's Rtllc~ o[ 10 MR MORENO ~econd 10 ~d~ whc~ p~plc can come sp~k aft~ th~'s a ~cccmd on 11 MR ENGELB~CHT H'S ~n moved and ~conded 11 ~c mouon? 12 to ~go~d the additional lot corette wxth thc 12 M~ ~NaELB~ECHT well I would say norm dl~ not 13 condtttons, w~th four conditions Any d~scuss~on on thc 13 but we don'~ normally get an appel hke fl~s 14 motion~ Mr Wflhams 14 Actually th~s ~s t~ f~rst one I can 15 MR WILLI~M~ I hax e a question If they 15 ~R ~ct ~A~S x~cll I'm calhng for a pmnt 16 ~, ff they choom not to honor the 75 per~nt brick, 16 ord~ b~ause ~f we're going to follow Ro~'s Rules ol 17 what happ~s9 17 ~d~ we'~ going to follow Robe's Rul~ of Order 18 MR ENGELB~CHT well, I ~mk Mr Maim can 18 we'~ not going to foIlow Robe's Rules of Ord~ lul 19 co.ct me ff I'm ~ong, but thts -- we're ~ndmg a 19 follow something else So I'm going ~ ask for a point 20 ~co~n~ndation ~o CounctI 20 ord~ 21 MR WILLIAMS lB other words -- 21 MR ENGELBRECHT All n~t ~en m that cas~ 22 MR ENGELB~CHT If Councd approves, they 22 we Il not h~r from ~e p~lt~on~ again We Il smaply s~nd 23 could -- ~, that's a good question 23 it fo~ard w~th flie und~stand~ng units ~ Morcno ~4 MR MAR~ well, I think this -- I w~ going 24 ~o w~th~aw h~s s~ond Z5 to say that ~ f~ ~ the ~e of condtt~ons ~at you ~n 25 Ma MOR~O ~ w~th&aw my s~ond Page 50 Page 52 I put on tlus ~l~e eondmons ~at Ryland has ask~ m do am I Ms APPLE ~nd I w~ll w~h&aw my motion ~n 2 just things ~t ~ ~ve fl~scuss~ wl~ stuff and ~ 2 ord~ ~o ask flae apphcant ff he would cons~d~ ~at and 3 have a~ m do We n~ to k~ m context ~l ~ls is 3 then I would hke the oppo~m~ to ~ake my mouon 4 an appml and ~lly -- ~ condmons ~lly am v~ 4 Ma ENGELBRECHT ~ll right At ~s pmnt wu 5 hm~t~ on lh~s We m nol -- ~e con&t~ons &at ~ey've 5 have no motion on ~e fl~r and we do have a ~u~st b 6 su~st~ am volunm~ condmons ~ose ~ not 6 Co~ssion~ to sp~k w~ the applicant or ~e apphcmu 7 condmons ~t is pan of ~e ap~l ~tself ~os~ ~ 7 ~ms~mt~ve If you could g~ve us yo~ name and 8 condalons which ~ bro~t fo~ard to ~lp present ~e~r 8 ad.ss for fl~e ~ord 9 case ~e eondmons ha~e to ~ ~sonably m~ ~ what 9 ~a H~CHINSON My name ~s John Hutchinson 10 ~ ap~l ~s about lO 12200 Ford Road Dallas I'm ~e president of Ryland I l M$ APPLE I ~hze ~at but my point ~s ~at I l Dallas D~ws~on I'm afrmd that y'all am being m~slcd 12 ~al would be a volunm~ confln~on m ord~ m me.se ~e 12 h~ lomght ~at we're bmldmg warm Windsor Rldgc 13 lotcov~ I~nkm~sda) anda~ ir'seemly 13 combmatmn of bnck hard and hardy plank s~dmg Hardx 14 an appropriate ~u~t And ~f ~ ~ould not want ~o do 14 plank s~dmg ~s a cement fib~ s~dmg I~ ~s ~arani~d 15 thai voluntarily, ~ I ~H widow my motion 15 50 ~rs In many mumc~pahnes including Flow~ Mound 16 M~ M~l~ And I ~ ~f you will make flint, 16 ~s cons~d~ mason~ You can bmld ~at mst~d ot 17 k~nd of JUSt m~e ~al cl~ m ~ mouon t~t that's jus~ 17 brick We build houses m o~ co--utotem ~n the 18 a suction, ~t ~ volunmnl~ - 18 metmplex up to $300 000 00 m Ca~oltlon n~at no~ ~h 19 MS APPLe I ~h~e ~a~ I did 19 ~'s not a brick on ~e house It s enumly hardy 20 Ma M~IN ~hal ~ould be fine b~ause th~ 20 plank Dawd W~kly and Ryland bmld ~at m Ca~ollion 21 won't have any ~u~t to do that and ~ und~smnd 21 Dawd W~kly builds ~t m ~wne w~ no brick Th~ 22 ~at 22 not ~e product ~at we're building ~s cons~d~ 100 23 ~ ENOeU~C~ ~d ~ Mo~o, I beh~e you 23 p~cent mason~ ~4 s~on~ ~d ~s ~t yo~ ~d~smndmg of ~ motion as 24 ~e co~um~ ~t backs up ~ us m Windsor 25 you s~on~ ~t? 25 Rld~ is a combination of brick and c~db~d ~at s ~h~ PLA~G A~ ZO~G CO~SSION ~ 14, 2000 22 Page 49 - Page 52 CondonseItTM Page 53 Page 55 old T-111 siding that is basically hard-pressed cardboard Ma eNOELBRECHT okay All rlghL Thank you 2 It is not masonry This product wz[1 look good for years 2 Ma HUTCHINSON W©'re not trying to mcrq, agc 3 and years to come It'd doesn't crack It doesn't warp 3 density There won t be any more houses there than ~ ~r~ 4 It doesn't rot It's not subject to termites You only 4 are w~th thc 35 percent ratio 5 have to paint it about once every 15 years It's a fabulous 5 MR eNOELBReCHT [ understand I understand 6 project and it's on the cutting edge of where thc industry 6 Okay Any other questions? Thank you 7 is going And it allows us to dehver a home at a more 7 MR HLFI'CHINSON Thank you 8 reasonable pace that ts still a masonry product The 8 ~ng ENOELBRECHT Yes MS Apple Okay 9 entire house is masonry What ts not brick ts still 9 Commissioners Is there any con~ment or a motion~ M~ 10 masonry, although it's hardy plank So I'm afraid you've 10 Goartha 11 all been misled by the gentleman's statements But I'll be 11 iris OOURD[e l mote well actually I don I 12 willing tO answer any questions anybody has 12 know how to word this but being that it's already m 13 MR ENGELBRECHT I behave we have SOllle 13 process which I think was mcredthly naive of us lo kt tls a 14 questions Mr McNedl 14 happen I would like to move that it be at 41 percenl to 15 MR MCNEILL NO, lh'n sorry That's left over 15 continue the process but not parent it to b~ at 45 pcrc,.nl 16 MR ENGELBRECHT okay Mr Wdhams 16 with the condinons already volunteered by Ryland 17 MR WILLIAMS I'm a country boy frmn east 17 Ma ENOELBRECHT Is there a second7 18 Texas Are you saying no? 18 MR WILLIAMS since this mot~on is nothing 19 MR HUTCHINSON NO, we will not put 75 percent 19 a recolmnendatlon I don t know what could you kind el ~0 brick 20 explain the motion so I - 21 MR WILLIAMS Thank you. 21 MS OOURDIe The motion was we had the chmc~ 22 MR HUTCHINSON It'S not necessary 22 to elth~ affirm tl~: 35 percent which was th~ detennmanon 23 MR £NGELBRECHT MS Apple 23 by thc Planning and Development Director, we can rqect 24 MS APPLE I'111 well aware of what that material 24 or we can offer something different l'm olTenng som~.lhmg 25 is lthlrlklnostoftheCoimmsslonts Bu.tlthtnkit'sar 25 dlfferent, a comprom~se of 41percent wluch arc thc tour Page 54 Page appearance factor and I think perception is 99 percent And models in which they re already offering and almad5 2 If the gentleraan thinks that it looks like that and the 2 bullthng 3 oo~ghbors think that it looks hkc that, it doesn't matter 3 MR WILLIAMS okay 4 If It's going to stand up and how hardy it is If it looks 4 MS GOURDIE AS a compromise plus thc 5 like wood and it f~ls like wood, people are probably going 5 conditions that they",e already agreed to 6 to drive by and think it's wood So I appreclat~ your 6 MR WILLIAMS okay 7 answer and I d like to make another motion 7 MS uouaom Thank you 8 MR ENOELBRECHT L~I'S S~ If there'S any other 8 MR ENOELBRECHT IS thgilg a second* I 10 questions? I have one What percent of brick do you have 10 Williams 11 now? I l MR WILLIAMS [ will be voting against 12 MR HUTCHINSON It depends On thc 4,500 12 mot~on In that I know that the Planning Dungier knoTT s mo~ 13 square foot lots it's about 25 percent On fig others 13 about planning than I do and I do not soo any dlscnmmanon 14 lt's 6$ on the blffger lots 14 onh~spart So therefore lwlllvotetosupporttt'x 15 MR I~NOELBRRCHT It'S 65 on the bl~l~r ones9 15 recormnendaaon of the director so therefore. I'll be x oimg 18 home smular to thc size of fig 6,500's on the 4,500's 18 MS APPLE i 11 also be ',otmg against the 19 Ma HU'ICHIN$ON NO, they're Slit1 much smaller, 19 motion because I looked at this as a good opportumty 20 sir 20 the builder to maybe upgrade a hale blt and actualb bt. 21 M~ BNOELBRECBT 1,600 square fiat? 21 able to have larger coverage And so I'll be voting against 23 60-foot lots that am in fig community, the so called 7,000 23 Ma ENOELBRECHT Mr McNelll 24 foot lots, that's below -- I don't think anytl~n8 is below 24 Ma MC'NE[LL well I would have - it's not the 25 I 800 f~t on those lots 25 best motion but I'm going to vote for it I would rather Page 53 - Page 5~ ~LAN-NING AND ZONING COM3/flSSION JUNE 14, 2000 2 3. CondcnscltTM Page 57 Page ha',~ se~n thc 45 I think tho opportumty to build larger I ; CIP it says hold a public heanng and homes is good and 41 is better than 35, so I'll vote for it 2 I think tho Planning Director really doasn't have any choice 3 our speaker is 4 lm~ as I r~ad the backup material We just don't -- we 4 MR FORTUNE John Fortune S really don't have any choice he~ And thc backup material, 5 t RISHEL Thank you John 6 wejust don't -- we ar~ m a never-never land of having 500 6 I am here tomght to 7 square fc~t Iota with no rcgulatlens for it So I don't 7 the Plannm Zoning Commission : charter 8 think ',~c should penalize penplo who are in thc business 8 requirement ; recommendation 9 because we don t havc tho appropriate regulations So I'll 9 ~g and 10 vote for It 10 Zoning I MR ENOELBRECHT Any other comments, 11 Councd for a 12 Commissioners~ I just want to say that I seconded this 12 year 3 moiled hecausc I bchevc that a larger home is going to be 13 I d scvcral tilings 4 better for thc rest of the neighbors out there then a 14 First of all in the platt a~ 5 smaller heine I know that stone folks have a tremeudens 15 presented to you bond pro.am 6 concern about hardy board I am stdl in the middle of tile 16 that was a , voters essentially th~. 7 road with regard to hardy board as a masonry product I am 17 exact same t that thc voters have I W~. 18 not sm that it is or should he considered a masonry 18 wouldn't ] , want to to dlang~. 19 product but I do bchevc it ts better than some of thc 19 that at t Thc fifth year however 20 s~d~ng that we have s~n in thc past on some of our homes in 20 new projects that staff is And I town And them are other aspects that are being tekeu into 21 ~otice that we have basically 22 account here, with the addtuonal trees the offsets, 22 23 staggenng setbacks and minamzing repetition, in tile 23 park development and m~soallaneous 24 larger slZ~ I think is actually a benefit to thc adjacent 24 At this time staff did not f{~l it was 25 neighborhood So with that tn mind, I'll veto for tt And, 25 necessary to specifically identify a particular project Page 58 Page 60 frankly I think I would have gone vath 45 peroant would 1 m thc furore as we get towards completion of 2 hax c b~n comfortable with that Any other discussion on 2 most recent bond program wc would he 3 the motion9 In that case, vote, please Motion finis 4 3 3 x bond committee cit~zcm 4 (COMMI~SlONI~$ RISHEL APPLE MORENO WILLIAMS 4 make a recommendation to e~tabhsh a ~ VOTINO IN OPPOSITION) 6 MR ENOELBRECHT And at this time we will taka 6 this time 7 a ten-minute break Oh, I'm sorry I think it's been 7 QU~tlons9 8 brought to my attention, is them any additional motions on 8 The thr~ fi 9 th~s pamcular case? Anyone care to make an addmonal 9 about are file $4 I 5 mahou 10 motionn Thank you It would appear not Wa will taka a 10 MR minute break 11 MR MCNEILL a amva at those Il ten 12 (BREAK TAKEN) 12 figures? 13 MMISS[ONER ENOELBRECHT IS NOT PR 13 MR FORTUNE tnlcture tn thc 14 AN MVIISSIONER RtaHEL CHAIRS TH MAINDER OF 14 future would allow $? 5 mflhon worth et d~.bt 16 l~a RtsHEL I~ tO thanktforjomi.ng 17 us as ~c~20~lannmg a~d_Zomng 17 prenass, wa ,e requests We 20 CO~ pan~j~d my ser~'~l~cie tS tOte}ly. 20 made ;that total up 21 dlff~ and I'm we_od .enn~ push mc 21 MR FaR,ill,tn well it's a 22 Mb~tMr elc. _R hhartl¥~mffll_~S_¢...l..~ 22 MR MCNEILL Iunderstand :3 what~.~ .~.o wn..ma.y ~y_~t_~.u_.u_u, .% 23 MR FORTt~'~ Their request ls for much ,lore :24 push ll~ wroa~buuon, don't h~'[~i to c.o.~, m: .... 24 ;? 3 million but we-- 25 A~ ptak up on Agenda Item No 12, hold a 25 MR MCNEtLL paght As all good employees do PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 57 - Page 6~ 24. Agenda No ~ AGENDA INFORMATION SHEET Agenda Item AGENDA DATE: July 25, 2000 DEPARTMENT: Plannang Department DCM' Dave Hall, 349-8314 ~ SUBJECT - Exactmn Vananee V-00-006 A&B (Woolaver Ad&t~on) The 3 479-acre sate as located on the north s~de of Audra Lane generally between Old North Road and Loop 288 It is m an Agricultural-zoning &strict A single-family residence is proposed a Consader an exactaon variance from Section 34-114(17) of the Code of Ordinances, concerning sadewalks The Planntng and Zoning Commassaon recommends demal (3-2) (V-00-006A, Woolaver Ad&tlon) b Consader an exactaon variance from Sectaon 34-114(5) of the Code of Or&nantes, coneermng perimeter pavmg The Planning and Zoning Commission recommends demal (3-2) (V-00-006B, Woolaver Addition) BACKGROUND The applicant has requested one variance based on the cost of required perimeter paving and sidewalk amprovements In determantng whether or not to approve exactaon variances concerning the Woolaver Ad&t~on, City Council must determnte ff the ~mpos~tion of any development exactaon pursuant to the Caty's Subdivision and Land Development regulations exceeds mY reasonable benefit to the property owner or ~s so excessive as to constitute confiscation of the tract to be platted The followntg paragraphs summarize the staff recommel~dat~ons and reasomng for each variance request Additional lnformataon as provided ~n the attached Planning and Zomng Commission staff reports 1 Exaction Variance from Section 34-114, (5) & (17) concerning perimeter paving & stdewalks. The apphcant as proposang to sub&wde the subject tract into two res~dentml lots He wall only final plat Lot 1 at thas time Lot 2 will have a different owner and may be final platted at a future date The subject amprovements are required to be constructed when each lot ts final platted The applic~ant proposes no street or sidewalk amprovements on Audra Lane Recommeadatton/Reasontn~ The reqmred paving improvements would cost the apphcant approxamately $15,000 or $7,500 per lot and sadewalks $3000 or $1500 per lot The average cost of street improvements per single family lot m Demon ~s $5,400 and for sidewalks is $1,150 Based on thas, staff recommends dental of both variances as the associated costs are w~thin a reasonable range of the average In addition, given the existing topography, ~t may be possible to only remove a portion of the existing street and simply add on to the pavement, which would reduce the cost Staff recommends dental of variances to sectmns 34-114 (5) & (17) concerning penmeter Ipavmg and sadewalks as the cost of the subject lmprovemems do not outweigh the need created by the development PRIOR ACTIONfREVIEW (Council, Boards, Commmlons) The Planning and Zunmg Commission recommended denial (3-2) of a variance of Section 34- 114 (5), concermng perimeter paving, of the Code of Ordmances on June 28, 2000 The Planning and Zoning Commission recommended demal (3-2) of a variance of Sectton 34- 114 (17), eoneermng s~dewalks, of the Code of Ordinances on June 28, 2000 FISCAL gNFORMATION None ATTACHMENTS 1 Planning and Zonmg Commission Reports, June 28, 2000, V-00-006 2 Plannmg and Zoning Commission m~nutes from June 28, 2000 l~espectfully submittal D'~)uglas S Powell, AICP D~r¢ctor of Planning and Development Prepared by Mike Graee Planner I Agenda No ATTACHMENT 1 Agenda Item Mcmo To Plannmg and Zonmg Commasslon From Dawd Salmon, P E Engmeermg Adrmmstrator Date 6/21/00 Re Perimeter Paving & Sidewalk Variances for Woolaver Addition Wayne Woolaver, owner of the proposed Woolaver Addition located on the north side of Audra Lane east of Mockmgbnd Lane has applied for vanances of section 34-114, (5) & (17) of the Code of Ordmanees coneernmg perimeter pavmg and mdewalks The subject sectaon of the ordinance requires that Audra Lane be nnpmved along the frontage of the development and that sidewalks be installed along the same frontage The street is not currently constructed to City Standards and there as no sidewalk at that location The applicant is pmposmg to subdivide the subject tract mto two residential lots He will only final plat Lot 1 at this tune Lot 2 will have a different owner and may be final platted at a future date The subject improvements are required to be constructed when each lot is final platted The apphcant proposes no street or sidewalk unpmvements on Audra Lane The applicants base the mason for the vanance request on the large cost for the subject improvements The Comnusslon may recommend that tins exactaon variance be approved by the City Council if the followmg criterion is met (b) Cntena for vanances fi.om development exacUon's Where the comnusslon finds that the nnposmon of any development exaction pursuant to these regulataons exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscataon of the tract to be platted, it may recommend approval of vanances to wave such exaction's, so as to prevent such excess, to the City Council Waver of developmental exactions shall be approved by the City Council The price the applicants pad for the parcel, or the cost of the proposed bmldmg unprovements Is not a factor m detemunmg reasonable costs The question is, are the costs associated wath the pubhc nnprovement reasonable and consistent wath the type o£development proposed and the demand for services created by the development~ The requtred pavmg improvements would cost the applicants approxn'nately $15,000 or $7,500 per lot and sidewalks $3000 or $1500 per lot The average cost of street unprovements per smgle faunly lot m Denton is $5,400 and for sidewalks is $1,150 Based on tlus, staff recommends demal of both vanances as the associated costs are within a reasonable range of the average In addition, g~ven the eyastmg topography, it may be possible to only remove a portion of the eyastmg street and sanply add on to the pavement wbaeh would reduce the cost Recommended Motions: I move that we recommend to the City Council that a variance of section 34-114 (5) be demed for the Woolaver Adrhtton for perimeter paving as the cost of the subject improvements does not outweigh the need created by the development I move that we recommend to the City Council that a variance of sectton 34-114 (17) be demed for the Woolaver Addmon for stdewalks, as the cost of the subject mapmvements does not outweigh the need created by the development · Page 2 2. NORTH PP-00-37 (Woolaver Add,tion) SITE LOCATION MAP Agenda Date July 25, 2000 Scale None ATTACHMENT 2 - o Page 47 I preliminary plat of the I~nton Elevated Storage Tank I because we re dealing with the preliminary plat, that the 2 Addition, PP on esl Denton Elevated Storag~ Tank 2 improvements can be phased and buflt with each md~viduaI 3 Addition 3 lot as it's platted So there's not a need to necessarily 4 MR RISH£L Second 4 build it all at one tune The applicant has based thc 5 MR ENOELBRF..CHT It'S been moved and seconded 5 reason for the request on the cost of the subject 6 to approve the plat Do we need, and I'll ask legal, do 6 improvements based on the size and type of development 7 we needlto make a comment with regard to the vanance'~ 7 which makes this an exaction variance And you will bc 8 MR SNYOER NO, it's not necessary You JUSt 8 making a recommendation to tho C~ty Council on th~s this 9 approved tho variance 9 evening l0 MR ENGELBRECHT Allnght Vesygood An) l0 ExacUonvarmncesarevanancesthatare I I other thscussion Coturmssioners7 If not, vote, please 11 based on sometimes the cost of the subject lmprovcmeat or 12 Motmn carnes 5 0 Thank you 12 sometnnes snnply the use of the property may or may ant b~ 13 We'll move on then to It~n No 12, the 13 something that would generate the need for a purt~cular 14 Woolaver Addition I hope I'm pronouncing that correctly 14 improvement So those are the types of things you w mild 15 This Is a 3 479 acre site located on the north side of 15 need to consider this evening The required paving 16 Audra Lane, generally between Old North Road and Lcop 288 16 improvements will cost the applicant approximately 17 It's In an Agricultural zoning district Single farmly 17 $15,000 00 based on its frontage which would be $7 500 00 18 residential development is proposed And we have two 18 per lot And the sidewalks would cost approximately 19 items here 12A is to consider an exaction variance from 19 $3 000 00 or $1 500 00 per lot This is a little btt 20 Section 34-114(17) concerning sidewalks and 12B 20 above the average cost that we've calcula~xt for a 21 consider an exaction variance for Section 34 114(5) of the 21 res~dential lot in the City of Denton which is $5,400 00 22 Code of Ordinances concerning permleter paving And then 22 and $1,150 00 for sidewalk The $5,400 00 was for pawng 23 finally consider approval of the prehmmary plat of Lots 23 Even though this ~s a little bit morc money than what the 24 I and 2, Block A of the Woolaver Addition With regard to 24 average would be, you know not all lots are average and 25 the two exaction variances, Mr Salmon is here from the 25 we fecl that it is within a reasonable range of the Page 46 Page 48 I Engmeertag Department Sir, would you cover both of I average to think that a would be reasonable to go ahead 2 those please? 2 and install these improvements for the two residentml 3 MR SALMON Thank you, Chair, members of the 3 lots 4 Con~ams~lon I have placed both - I wrote one staff 4 One thing I wanted to pmnt out and we haven t 5 report for both but we will have to make two separate 5 been able to deteamne this yet but based on looking at 6 motions and Fveprevidedthatat the end of the report 6 the topography of the area itmaybe- and by taking 7 Mr Woolaver, the owner of the property has actually 7 some cores of the cx~sting pavement we flunk that it may 8 applied for the variance As you can see it's sort of a 8 be possible to simply add pavement onto the ex~sting 9 U shaped property on Audra Lane just to the west of Loop 9 pavement and the curb and gutter, which would be less 10 288 Mr Woolaver, in platting the property and I 0 expensive So the figures I've given you are on the 11 developalg it for single-family residences, would be 11 highest side We could get into this and find om that :t 12 required to install a sidewalk along the frontage on Audra 12 may not be quite that expensive but we haven t done quite 13 Lane and perimeter paving Perimeter paving is thc 13 enough work to determine whether that's the case or not 14 installation of 25 feet of pavement including thc curb and 14 But it looks on the surface that that could be possible 15 gutter on thc development side 15 Just a couple of quick photographs of the 16 In this case, the applicant ~s preliminary 16 property Hem s a plctm'e of the property standing out 17 platting the property that's shown on the map in orange 17 m Audra Lane looking at the frontage As you can sec 18 Hem's a larger blow-up of the actual plat document In 18 it's relatively flat adjacent to the road so there's not a 19 th~s case, what's being proposed is a preliminary plat of 19 b~g bar ditch that we need to be worrying about Same 20 the entire property and then I heheve that Mr Woolaver 20 propesty only looking from the opposite directten the 21 plans to come In with a final plat of only the one piece 21 edge of thc road you can sec it's fairly level between 22 where he's going to build a or actually move in an 22 there and the right-of way I just wanted to illustrate 23 ex~stmg smgla-famdy home 23 w~th the next pictom that th~s is physically possible to 24 I also want you to keep in mind that although 24 do This is a subdivision that is just a couple of 25 we're tall~mg about thc entire frontage this evening 25 hundred feet to thc east of thc subject property that did PLANNING AND ZONING COMMISSION ~ '~ "}000 Page 45 - Page 48 5 CondcnscltTM Page 49 Page 5 I I per~mct~ paving and they have installed curb and gut~r I Woolaver, I behcvc, is going to comc m and try to do q 2 along thc frontage of this subdlvlsmn Mr Woolaver's 2 final plat on this piece and thcn he would havc to build 3 subdivision ~s just a httlc bit further down the road 3 his curb and gutter and sidewalk hero Then at some petal 4 about 200 or 300 feet on thc opposite s~dc of ll~ stun:et 4 when whoaver owns this lot wants to fmul plat it and do 5 Basically, what would happen is that if Mr 5 something with it, then they would have to Install their 6 Woolaver we~ to tnstall curb and gutter and sidewalk, the 6 curb and gutter and s~dewalk hem And until someon~ d% 7 sidewalk wouldn't necessarily -- most of thc ttmc peeplc 7 comes m with th~s out parcel that would remain as is 8 aren't concerned with how thc sidewalk t~es in but you 8 MR MORENO okay Thank you s~r 9 may have some concerns about, well what do you do with 9 MR ENOELBRECHT Any other questions t0 200 or 300 feet of curb and gut~r and then it deasn't gu 10 Colmmss~oners9 It appears not Thank you Mr Sahuon 11 anywhere 11 Is thc pcntloner or petitioner's representative here? 11 12 In th~s particular oasc, thc main lanes of 12 you would g~ve us your name and business address lot th~ 13 the road are toward thc ceeter and especially If wc're 13 record 14 ablc to slmply add some pavemcnt and put thc ctlrb and 14 MR YENSON Yes sir GeraldYeeson 15 gutter in, tbe main lanes or thc actual through lanes stay 15 Landmark Surveyors, 4238 I 35 North Just a conm~nt 16 toward thc middlo of thc sWeet and so basically, what 16 generalcommeet Thlsisnneofthesehttlciron~csthat 17 you're prowdmg is what we would consider th~ parking 17 wc get mtn in platting sometimes Mr Salmon almosl said 18 lane So you know, If you're going to put the curb and 18 ~t but I'd just like to point out, what Mr Woolavar d~d 19 gutter m and the additional pavement I don't ~nk 19 was bought tMs httle tract of land And I llnnk 1975 20 you're disturbing the waffle pattern at all You know, I 20 was when ~t was separated from the hisser piece Anti ~t ~ 21 don't think It's a situation whom you're going to be 21 just one of those httle things gray areas that fell m 22 jogging in and out I think you're simply adding to thc 22 thc cracks that by thc process of Mm having to plat 23 pavement or making it '.,,adex so that there's some parking 23 this brought up having to prehmmary plat everything 24 lanem frontoftheproposedresldeecesratherthanjust 24 that it or~gmally came out of So ~neffect weare 25 this rural section road I'll be glad to ansv, er any 25 prehmmary platting land, not only that we don't own but Page 50 Page 52 I questions you might have I'm not sum whether the 1 to my knowledge oven the owner of this land doasn't know 2 apphcant is hem or not 2 that we're prehmmary platting ~t and discussing put~mg 3 MR ENOELBKECHT okay We do have some 3 road and sidewalk on h:s pxecc And, in fact, in two 4 questmns Mr Moreno 4 years I behove, the prehmmary plat will expire and 5 MR MORENO Yes, sir, Mr Salmon, th~s Is 5 th~s wdl all be a mute point on thc rest of th~s 6 basically a U shaped or a lmrseshoa-sheped ad&t~on is 6 property 7 that correct? 7 H~s whole intent was just to buy th~s piece of 8 MR SALMON That'S correct W~'s a small 8 land, build a house on it And, of course, because of thc 9 out parcel 9 ordinances being what they are we've compiled and com~ l0 Mu MORENO okay That leads to my question 10 through and supphed tlns plat But in reality, the only 11 You've got one flag shaped lot and then one smaller lot 11 part that wdl get dealt with as a result of any action 12 and then your -- what dtd you usc? It was an oat-parcel 12 that's done here will be just tMs piece And thee I 13 or that area In between 13 think Mr Woolaver just applied for this variance and I m 14 MR SALMON wcll, I think what wc vc got hem 14 speaking on behalf of Mm really just because, under that 15 is that we had one property owner that owned tl~s U shaped 15 scenario, he felt like well, gee, I'm having to plat and 16 p~eae and I bebevc Mr Woolaver is only purchasing this 16 pay for land that I don't own I'm committing somebody, to 17 p~ece hem, the smaller lot Now I may bo wrong and Mr 17 something that they don't know about and then I'm hax mg 18 Woolavor Is hem ho can come up and correct us And the 18 to pay an extra expense for lmdthng road and sidewalk 19 person who owned the entire property ~s still going to own 19 across this when all I wanted to do was build a house 20 llus larger piece and thee tl~s pieae m the huddle is 20 And I can't really speak for all of his reasomng but I 21 owned by a third party ultogether 21 Just kind of wanted to point out the history of how th~s 22 MR MORENO okay So the sidewalk would just 22 thing evolved so you can moro clearly understand what 23 be required along tho street frontage of Lots 1 and 2, 23 we're really trying to accomphsh here 24 eventually, but tho out'parcel would be on its own 24 MR ENOELBRECHT [ appreciate that Thank 25 MR SALMON Right What would lmpl~n is Mr 25 you Comm~ssioners, are there any questions? I don't [ PLANNING AND ZONINO COMMISSION J-U-?"" "" "000 Page 49 - Page 52 6. CondenseltTM Page 53 Page 55 I think sO Thank you Is then: anyone else present who I MR ENOELBRECHT NOrthwest, right there And 2 would like to addr~s tins particular Issue? Anyone else 2 that, as that subdivision goes In they will be putting 3 present who would like to address this issue? It would 3 sidewalks along Audra and Mockmghh'd 4 appear not Colmmssloners do you have any other 4 Ma SALMON mght They'll have perimeter 5 questions for staff comments or a motion? We'll need to 5 pawng on Mockingbird and on Audra Lane and s~dcwaiks 6 consider thee items separately, A, B, and C 6 MR ENOELBRECHT Let me ask you because 7 With regard to 12A the exaction variance 7 obviously, there's the ~ssue of traffic and all of that 8 concerning the sidewalks Ms Gourtho 8 and foot traffic, and we're now seeing development 9 MS Ooglml~ I do have a question, please 9 ocourrmg a little more rapidly along there And arc 10 We are now I'm totally thrown into a loop here We are 10 not going to be tying in to Audra a hule further to th~ 11 asking him to pay for the pa,, mg and the s~dewalks for 11 west where we bring what ~s that Nottingham acro~s ~ 12 both tracts of land or just his hnlc piece which would 12 MR SALMON Yeah Nottingham is just of[ 13 cost approximatcl~ -- 13 page and it's of course currently under construction ~o 14 MR SALMON The only part that has to be 14 go across the railroad track them on Mmgo Road 15 constructed is whatever hc comes in on a final plat And 15 MR ENOELBRECHT SO WC could see conce~,,abl) 16 my understanding ts the final plat wdl only be this one 16 see some increase m vehicular traffic along here at th~ 17 smaller lot 17 point when Nottingham gets tied rote 18 MS OOURDIE okay Which would probably be 18 MR SALMON I expect that wc will probably 19 about $7,$00 00 Is what you re guestlmatmg it 19 see an increase of traffic from people coming from this 90 MR SALMON That's what I estimated 20 north area of town down Nottingham and then across oil 21 MS OOUSI:~IE okay Thank you 21 Audra to get on the Loop rather than watt for the s~gnal 22 MR ENOELBRECHT okay Ms Gourthe 22 here at University and Loop 288 23 MS OOUaDII! Actually I do have another 23 MI~ ENGELBRECHT The other question I have do 24 question I'm sort', The sidewalk m the p~ctu~ that 24 you know, happen to know do we have are there any 25 you showed us there's only a s~dewalk on the one side of 25 what are we calling it now we're not SPAN any more we re Page 54 Page 56 I the road but not the side that is being considered at the 1 LINK Are them any LINK stops anywhere along there m 2 moment Can you please tell me that? 2 would it be fmr to assmne that we may have some t INK 3 MR SALMON ThorN's existing sidewalk on 3 stops somewllcre right about the Loop and Audra o~ 4 Audra Lane on the south side in front of th~s subdivision 4 Mock~nghird or Old North and Audra? 5 and then down hem m front of th~s subdivision Them is 5 MR SALMON well I'll tell you what I just 6 no sldewalk that I'm ay. are of on the north side of Audra 6 looked at one of those LtNK maps today and I don't recall 7 Lane In this area 7 MR ENGELBRECHT Mr Rlshel 8 MS GOURDIE All right And also the road 8 Mi~ UISH~L YOU might clarify for our 9 improvement the curb and gutters on both s~des of the 9 cttizeos that there is no long a SPAN There's been a 10 road up to that piece of property ~s that correct? 10 name change I l MR SALMON Right Them*s the curb and 11 MR ENGELBRECHT That's a good point ~ 12 SURer lraprovenleats are right hem and then there's curb 12 Rlshcl makes a good point I used a term called LINK anti 13 and gutter ~mprovements right along through hero 13 I didn't instead of SPAN I just want to point out that 14 MS OOURDIE And ere them any on tbe other 14 the seAN program's namc had changed to Ln,ac Theroutcs 15 side of thc road7 15 have been changed but it's still in operation It's 16 MRSALMON I don't beheve there are any 16 larger than cver We'll probably grow It would secm to 17 currently on the other s~de, just those two developed 17 me that through thls area will be a place where, ff there 18 subthv~sions 18 ~sn't now there will be LiNK routes and stops 19 MS OOURDIE .,Mid ls there anything proposed 19 particularly along Audea and Mockingbird and Old No,th 20 to improve Audra Lane" 20 they go to the Loop So I'd just point that out Would 21 MR SALMON V, e have nothing in our cun~nt 21 ~ be any reason to suspect that there wouldn't be fl 22 Capital Improvements Program 22 them aren't already? 23 MR REICHHART There is a subdivision being 23 MR SALMON well I know that one of the 24 proposed at thc northwest corner of Mockingbird and Au(ira 24 ctu'cent LINK rOU~S gc~s out Mmgo I just don't recall 25 though Isn't that B~llatre North l 25 whether it currently comes down Mockingbird or Audra PLANNING AND ZONING COMMISSION JLl~m no '~000 Page 53 - Page 56 7 Cond©nseltTM Page 57 Page 59 I Mg ENOELBRECHT okay All right Thank i perimeter paving which is Agenda Item 12B Any 2 )ou Mr Rashcl 2 discussion on the motion? Ms Gourthe 3 MR RISHEL Mr Sahllon one of the things 3 MS GOURDIE [ won't be voting for this 4 that you mentioned was that when we go to Improve that 4 motion only because every time I see something hke tlus 5 area with regard to the ~pavmg of the street itself that 5 happen where there's no curb and gutter and there's no 6 *t may not cost as much as what I generated as $6,550 00, 6 sidewalk on one of the road for the whole ka-n kaboodt~ 7 sn as anticipated that another lot might be and his current 7 of it, I m reminded of that consultant who came forward 8 de~ elopment cost would be $7,500 00 We*re not proposing 8 with h*s family whose father wanted to start a s*dewalk so 9 fllat as we develop later on a specific area of the street 9 he put a sidewalk in front of his house and now 50 3ears 10 and generat~ what tho cost of that street was that we 10 la~:a' there s no sMewalks He's the only one wah that I l eredu back or additionally charge the citizens for what 11 httle 50 feet of sidewalk in front of his home And I 12 those actual costs are? I'm not quite sure what direction 12 have also a feeling that *f we I*m not comfortable v,~th 13 v,e m going there 13 putting curb and gutter and then having the water wash and 14 MR SALMON ',veil, I mean, if the City at some 14 so forth and so on 1 just - there s something abets a 15 point comes tn and finishes out the street at the Capital 15 piece of concrete in the middle of nowhere floating th ~t 16 Improx ements Program, we just do that at no - we don't 16 to me, ~s not an approprmte way of working on a road 17 access the property owners for any of the cost My 17 Just that s~de of file road is just not improved enough for 18 esttmate is $7,500 00 It may be able to it may be 18 me to feel comfortable with asking him to go ahead and put 19 done le~s expensively and $7,500 00 is probably on the 19 that httle p~ece of land in or concrete in 20 h~gh side It will cost then~ whatever it costs I mean 20 MR ENGELBRECHT MS Apple 21 I don't know what else - that's just an estimate 21 MS APPLE [ toO, will be voting against tile 22 MR RISHEL Later on there's going to be an 22 motion for the same reasons that Colnimss~oner Gourd~c 23 actaal dollar and cents accessed to that and we know it 23 cued 24 'o, dl not cost him mom than $7 500 00 24 MR EN{JELBRECI-II' okay Any other dlscu%too ~ :25 MR SALMON NO I think what we're 25 Mr Rlshel Page 58 Page 60 1 suggesting ~s that this curb and gutier and addational I MR RISHEL Yeah I d Just hke to say that 2 pa~ ement would actually be constructed When you know 2 there have been s~mauons where I have voted on these 3 before he gets a -- when he gets a building permit to put 3 variances before and have looked at that same type of 4 a house on the lot, that he has to have this pavement in 4 reasomng and then all of a sudden right next to that 5 place 5 subdivision, it tends to just explode m that area and 6 Ma IUSHEL And we, as the City, are going to 6 I've gone back to myself and Ive thought I'm sorry l 7 do that part of It? 7 voted the way I d~d and not allow and putting a 8 VlR SALMON NO, he would have to hir~ a 8 variance forth and not thinking through a little ba 9 contractor to do that 9 further So I understand where both of the other l0 MR RISHEL That's my question l0 Councthnen are coming from but I th~nk that th~s ~s an 11 MR SALMON My estwaate is based on a 11 area that's going to continue to develop and continue to 12 contractor's cost 12 grow And that the need for this sidewalk and curb and 13 ,yin RISHEL okay That's fine 13 gutter is very much there and I think that Mr Sahnon has 14 MR ENGELBRECHT okay Curmmssloners, am 14 put forth a logical argmnent on what we have here 15 there other questions, eoimnents or a motion9 15 although it may not look logical today And I do 16 MR RISHEL MOtion 16 understand where the other CoOmllSSloners are coming from 17 MR ENGELBRECHT Yes 17 MR ENOELBRECHT MS Goarthe l g MR RISHEL I move that we recommend to the 18 MS GOURDIE I would go for this If there was 19 Ctt', Council that a varlancu of Section 34 114(5) be 19 some way we could put the money ~nto a project to when ~t 20 domed for the Woolaver Addition for perimeter pawns as 20 all happens at one time I would go for but I know v,~. :21 the cost of thc subject Improvement does not outweigh thc 21 can't do I know that s not possible So, to mc that s 22 need created by the d~velopment 22 where my logic comes from If we could do it knowing that 23 MR MORENO I'll second 23 the rest of it is going to be all at one time and use the 24 ',,ts ENOELBRECHT it's been moved and seconded 24 money correctly ~n my mind I wouldn't have any problem 25 to recommend denial of thc variance with regard to 25 w~th going with thc motion PLANNING AND ZONING COMMISSION jD-~m no "000 Page 57 - Page 60 8. CondensoItTM Page 61 Page 63 1 I MR ENGELBRECHT Any other conun~Ut? I want 1 MR ENGELBRECHT It'S been moved and secon&xt 2 to say, yes I will be voting for the motion However, I 2 to approve the prehminary plat Any discussion? Any 3 recogmze Ms Gourthc's argmnent and it's a shamc that we 3 questions for staff? In that case vote, please Motion 4 don't havn that ability to do that, at least, even if we 4 carnes 5 0 Mr Grace, that staff Pepurt was even faster 5 had some sort of clause that reqmred that it only bc held 5 than the last one you did here 6 for ten years or whatever But in this ease, ! thnk 6 Comnuss~oners, we are now to the pubhc 7 Audra Lane as going to be curbed and guE:ered quicker than 7 heanng phase It's been an hour and a half 8 some other streets might bn because of the t,'affic eount 8 MI~ RISUEL Pomtofurder Idon'tknow 9 that's going to be there And so I think if ~t's - I bet 9 whether we opened ~t up to the public to present anything 10 ~t s within the next five years, personally Okay Vote, 10 ff there was any questions for or against on that and I 11 please Tho motion passes 3-2 11 just want to make sure we followed procedure 12 (COMMISSIONERS OOURDIE AND APPLE VOTED IN 12 MR ENGELBRECHT Wa don't have to ask on 13 OppOSITION) 13 these Th~s was just an item for individual 14 MR ENGELBRECHT Theft W~ have 12A, the 14 consideration 15 varmnceregarchngthosidowalks Would there bo a 15 MR gISHEL Thankyou 16 mot~on'~ Mi' Rlsh¢l 16 MR ENOELERECHT And I'm assuming that my 17 MR R[SHEL l d like to make a moaon I 17 personal asstanpuon was that the pem~oner's 18 move to approve the prehmmary plat of Lots I and 2, 18 representative made comment with regard to both ~tems I9 Block -- 19 perimeter paving and sidewalk 20 MR ENGELBRECHT We need the sidewalk 20 MR RISHEL [ Just wonder If there's any need 21 variance first We have to address tt, 12A We have 21 for public input and that we open it up to tha public 22 not -- your last motion -- 22 And Mr Snyder 23 MR RISHEL [ m not sure I know wha~ to find 23 MR SNYDER NO, It's not a public hearing 24 that 24 MR ENGELBRECHT We don't have to do ~t 25 MR ENGELBRECHT well, we d~d the" we JUSt 25 MR RISHEL Mr Snyder is waving me off Page 62 Page 64 I did the perimeter paving there Thank you 2 MR RISHEL So this IS specifically thc MR ENGELBRECHT SO would you hkc to 3 sidewalks? i minutes Curmmssloners9 Okay Yes, we take a 4 MR ENOELBRECHT Right 4 5 MR RISHEL okay Yeah, okay I'dhk~to 5 (BREAK TAKEN) 6 move that we reconunend to the City Council that a variance 6 ENGELBRECET Ladles at 7 of Section 34 114(17) be dealed for the W~olaver Addition 7 11 move forward ] and Zomng 8 for s~dewalks as the cost of the subject tmprovement dcm 8 We are now at I 9 not outweigh the need created by the development 9 phase ~efore we begin the 10 Ma MOEESO second 10 first I would hke t 1 MR ENCiELBRECHT We have a motion and a 11 12 second to deny Any discussion on the motaon? In that 12 First I will, 13 case vote, please Motion carries 3-2 It went by 13 Second we'll ask end the petition and g~ve 14 quick 14 a staff report and make t 15 (COMMISSIONERS (}OURDIE AND APPLE VOTED tN 15 Followm 16 OPPOSITION) 16 be granted granted 15 17 MR ENOELBRECHT That brings us to Item 17 minutes to speak ,' petition Following 18 12C, consider approval of the preliminary plat of Lots I 18 that, persons m n wdl be granted a 19 and 2, Block A of the Woolaver Adthtlon Mr Grace, any 19 maximum of 3~ per 20 comments with r~ard to that? Commmsloners, I would 20 speaker in support 21 entertmn a motion 21 we'll ask I ,pposition be granted 22 MS APPLE I 11 move ~o approve the 22 a of 45 minutes par 23 prehmmary plat of Lots I and 2, Block A of the Woolaver 23 is opposition, then No 6 '~ 24 Addmon 24 we'll ask the petitioner if he would to 25 MR RISHEL second a minutes ,t that PLANNING AND ZONING COMMISSION .IU~' '~" Pag~ 64 9. Agenda Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE' July 25th, 2000 DEPARTMENT: Pianmng &Devel°pment l)~P.~artment CM/I)CM/ACM' Dave Hdl, 349-8314 SUBJECT Consider and take actton on a request for rehef from the Restdent~al Interim Regulattons, Ordmance 2000-046, for a 31 4 acre parcel north of Audra Lane and west of Mocktngbtrd The property ts m a Planned Development (PD-127) zomng dtstnct An amended Detaded Plan ts proposed reductng the total number ofstngle-famdy restdenttal lots form 136to 127 (RR-00-017, BellmreNorthAdd~t~on) BACKGROUND An apphcatton for request for rehef from the Restdenttal lntenm Regulations has been recetved (see Attachment 1) Background ~nformat~on regardtng the current status of th~s case ~s provtded tn Attachment 2 Ordinance 2000-046, known as the Restdenttal Interim Regulattons, was adopted by Ctty Councd on February 1st, 2000 Th~s ordinance contains standards w~th which res~denttal development projects must comply untd the Code Rewme project ~s completed and permanent standards are adopted Ordtnances 2000-046 also contains a separate section that allows apphcants to request rehef from the ~ntenm regulations, including evaluation cnterm to be used by Counctl Section F Rehef Procedures The apphcant may petmon the Ctty Councd for mhef from these interim development regulattons by requesting such rehef tn writing 2 The Ctty Councd shall not reheve the applicant from the reqmrements of thts ordinance, unless the apphcant first presents credible credence from whmh the C~ty Counml can reasonably conclude that the tmpos~t~on of the restdent,al density hmttattons or other development standards deprives the applicant of a vested property right or deprives the apphcant of the economically vtable use of his land 3 In demd~ng whether to grant rehef to the apphcant, the Ctty Council shall take tnto constderat~on the followtng (a) whether granting relief from the res~denttal density hmaatlons or other development standards contmned tn these ~ntenm development regulattons, tn the absence of permanent revisions to the Ctty's Land Development Code that tmplement the proms~ons of the comprehenstve plan jeopardtzes the City's best interests tn preventmg such effects, (b) the smtabthty of the proposed resldenttal uses tn hght of land uses allowed tn the zonmg dtstrtcts on property adjacent to the proposed stte, (c) the tmpact of the proposed res~dentml use on the transportation and other pubhc factht~es systems affected by the development, (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood, (e) the hkehhood that sufficient rehef wdl be prowded to the apphcant following adoption of the City's Development Code, (f) the total expenditures made m connection w~th the proposed residential development m reliance on prior regulations, including the costs of mstalhng infrastructure to serve the project, (g) any fees reasonably pa~d m connection w~th the proposed use, (h) any representations made by the C~ty concerning the project and reasonably rehed upon to the detriment of the apph~,ant 4 The C~ty Council may take the following actions (a) deny the rehef request, (b) grant the rehef request, or (c) grant the rehef request subject to conditions consistent w~th the criteria set forth m th~s section 5 Any rehef granted by the C~ty Council shall be the m~mmum devtat~on from ordinance reqmrements necessary to prevent depr~vat~on of a vested property right OPTIONS Council may etther I Deny the request for rehef, or 2 Grant the request for rehef, or 3 Grant the request for rehef, subject to condltmns consistent w~th the evaluatton or, terra set forth tn the ordinance (and referenced above) RECOMMENDATION Staff recommends that the dects~on of whether or not to grant the requests for rehef should be based on the merits of each tndtvtdual appheatton ESTIMATED PROJECT SCHEDULE Revtew schedules are dtscussed tn the attachments PRIOR ACTION/REVIEW One pettt~on was revtewed on May 2, 2000 1 Doyle Addttion - approved Two petitions were revtewed on Aprtl 18, 2000 2 Evers Park - approved 3 Summit Oaks Addttmn, Phase II - approved F~ve petitions were reviewed on Aprtl 4, 2000 1 Lakevlew Ranch - approved 2 Audra Oaks - approved 3 Robtnson Oaks - demed 4 Belle Bryan Apartments - approved 5 Behmng Place - approved Two petitions were reviewed on March 7, 2000 6 Shadow Brook Place- approved 7 Beverly Park Estates - approved One petition was reviewed on February 15, 2000 I Golden Triangle Joint Venture (Z-99-096)- approved FISCAL INFORMATION The petitions are being processed and brought to Cotmcll using existing staff resources ATTACHMENTS I Staff report Respectfully submitted Douglas Powell, AICP D~rector of Planmng and Development 3 ATTACHMENT 1 WAIVER REQUEST STAFF REPORT Subject Bella~re North Addition Case Number RR-00-17 Staff Larry Re~chhart BACKGROUND: Request Rehef from the Residential Intenm Regulations (Ordinance No 00-046) to proceed w~th zomng and platting for a s~ngle-famfly development on a 31 + acre parcel Locabon Generally the northwest corner of Mockingbird and Audra (see Enclosure 1) Zomng PD-127 (see Enclosure 1) Acreage 31 412 acres Platbng The property ~s not platted Comp Plan Consistency The Comprehensive Plan identifies th~s property to be within the "Neighborhood Centers" D~stnct (see enclosure 2) These areas may develop ~n convenbonal patterns or may be developed ~n a pattern of 'neighborhood centers' Single-family development ~s consistent w~th the ~ntent of the Comprehensive Plan The property also has 100 year floodplain on ~t Any msues related to the floodplain will be resolved dunng zoning plan approval 0f the waiver ~s denied) or dunng the platbng process approved) CONCLUSION' Additional Approvals / Without Rehef With Rehef Zoning Plan ~ ~ Not Required Project Plan Not Required PD Amended Detailed Plan Prahmlnary Plat F~nal Plat , BullU,ng Perm,t ENCLOSURES' 1 Zomng Map 2 Land Use Map 3 Apphcat~on ENCLOSURE 1 ~ NORTH Bellaire North Addition ZONING MAP Scale None 5 I ENCLOSURE 2 A NORTH Bellaire North Addition LAND USE MAP Scale None 6, ENCLOSURE 3 INTERIM ORDINANC[ RFLIEF APPIICATION FORM Da~, '7-~-~ APPLICA'! ION FOR RI' l.lEl- FKOM Re~ldentml Interim Ordma. ce APPLI(~T [NFO~IA I ION .,~,., ~ao ' d,>,~u~ ~r.~'~,~~'d $1~N~ OF PROPLK [ Y O~NE~ OR API)[ I( AN 1 l or Dil,ari,n~t,d Use O~ly Su~nbed l.d ~worn ~to~ me A'PPIJC A'l ION DLADLINL IS g Fr'Xxrgr~AY% A [ 10 00 AM 7. oiled ~g'P 'PL O0-~-Inf' 'BBP~eOg~Z6 ( OU'l; 6u~:].lnsuoo Vd)'i XB ~.ue requesting such rebel m wrmn~ 1 h~ ~quest ~or rehef shall be con~zd~ed bZ th~ ~ltV ~net~unlum~zon ~ I he ( ~ty r ouncd shall not rehe~ e [~e ~pphc~nt fi om th~;e r~,tu~t~ ~.s~t. e,n~e~s :~ yph~ ~m fi~ p~esen~s cz~d~ble evldenc~ other development ~andards dep~ sves ~be ~pphcan[ of a · ested prape~y n~t or dernv~ the apphcaa~ ot the econom~cgly vtable u~ of the~ land The apphcant ~ requited ~o sub~t ~uffie~t mfnemat~*n addte~,ng the f~llowmg cntee,a The apld,eant wall also be r~pons~le m making thew ~c before Cst~ C0unutl In deu~dmg ~ hether to glgn~ rebel to the apl.hud. L, the C~ty C,.,m~ ,I ~hall t~ke u,t,, ti,: co,]~d~tat~,,n the ~ ~hether~mgre~e~(~mth~r~tde~t~a~d~yhmn~t~ns~n~nre~den:~a~nda~s~r~therde~e~Pme~ ~ntam~ m th~ sntenm development r~ulanon, m the a~,~ of~rmanent ~v~stonc to the C Ky s L and l~ elopme~: rha~ ~mplement ~he pm~,~o,,s o5 the toznp~lz~v~ plan. itop~dsz~ th~ Ctty s ~t mtu~st~ ~n prev~ntzng such effects. ~ The su.~hd.~y of ~ht p~,~{ ~.,dcnt~al or ~n ~tdent~d ~ m h~t of land ~s ~low~ m the zomng d~scn~s on pro~ adlacem to the propo~d ~ ~c imp ~o of iht p~pu~l ~dcmt~ or n,*n ~&nr~ ~e on the tran~pon~ md other publt~ facd~r~*~ ~rem~ aff~t~ by the development, O Thc mca.uru~ p~posed to b~ t~en by the apphcanr to prevent negative tmpa~ r~ of t he propost d u~< on th~ nc~ghN~rho~ ~ ~ehkthhoodthat~uffictent rehefwtllbept~v~dedtothea~l~hcan~ [oll.wmgadop~.m~ftheCl~y'~De*elnpmen~C~e ~ ~e tot~ expead~tute~ made m conuecuon w~th thc proposed rcsldcntt~ ornox~ ~s~dent~ development m ~ham ~ ~n prior re~la~on~ including the uo~ts of m~albng mf~st~x~ctu~e ~o ~e~e tl~e pcoleu~ ~ Any ~ee~ reuonably pa~d m connecrmn w~rh ~he pu:pusud use, ~ ~yrePrc~e~tat~ns~d~by~heC~tyc~n~ermngd~r~u~tandrua~n~b~y~edup~nt~thede~m~em~fd~eaPPhcan~ (a) denylh,, nhcf~que~t, ~) g~nt the rebel req~st or (c) ~xt the ~lLef ~quest su~;~t to conditions ~tent wsth ~hc c n~ rza ;c~ fo~ xn :~ interim developmem re~,lanon~ ~y r~ef ~mt~ by the Cacy C~,ud shall ~ thc ~mmn de~aucm from o~ancc ~q~ur~ mencs n&e~a, y to p~L ~nv ~tton ~.I'GNATUEE ~.rtffymg that the~e resulatlon~ have been read md undurstood by the appl,canr PP,.LN I. or 1 YP~ NAME . I 00-9 in? ~BB~S~O~£6 ~ oui 6uslinsuoo vd~ lB lue ~ July 8 2000 PAT ATKINS 98003 I',~en~ Ms Marcia Rathff Development Review Manager City of Denton 221 N Elm Denton, TX 76201 :[4aoo q.or~m D, RE Bellaire North Addition Denton, TX Dear Ms Ratllff Dallas. 'lexae The purpose of the waiver we have submItted to you for rewew is as follows To prowde amendment to the Concept Plan approved in 1986 and to wi 9?2 6o~.s;aoo adhere to current 2000 sub(~IVI~IOn regulations for street design as requested by the englneenng department m Denton In meeting these lex 972 5o3 548e requirements the lots were reduced from 136 to 127 The Plat was submitted on February 1999 before the new ordinance was passed, and wes bought under certain condlttons The new ordinance adds additional expense to th;$ project and would add financial problems Bec. ause of these facts we reel:~ctfuliy request a waiver to the new ordinance Sincerely, KPA consulting Inc ProJect Manager 9 IlL e6ed ~6E eL OO-9-snr 'BB~BO~EZ6 ' ou~ ~u$;[nsuoo ~ AB AGENDA INFORMATION SHEET ' Agenda Item ~._~..,.~ Date AGENDA DATE' Suly 25, 2000 ' / DEPARTMENT' Caty Manager's Office CM Make Sez SUBJECT Consider nominations/appointments to the City's Boards and Commlssaons BACKGROUND Each C~ty Councd Member ~s responsible for making nomlnat~ons for board and commmslon places assigned to him or her Indlwdual City Council Members will make nom~nataons to the full City Council for the Council's approval or d~sapproval at the next regular scheduled meeting Counml Members making nommatlons for members to the boards and commasslons will consider interested persons on a mtywlde basis The C~ty Council wall make an effort to be ~nclus~ve of all segments of the community in the board and commlssaon appointment process City Council Members wall consider ethmc~ty, gender, soclo-economlc levels, and other factors to ensure a daverse representataon of Denton mt~zens The C~ty Council will take anto cons~derataon an and~vldual's quahficat~ons, wdhngness to serve, and apphcat~on mfonnatmn an selecting nomanat~ons for membership to each board and comm~smon In an effort to ensure maximum cmzen partmlpat~on, Caty Councd Members wall continue the general practme of nominating new citizens to replace board members who have served three consecutwe, full terms on the same board In addition to the above yearly process, the following boards/commissions have vacancies due to reslgnat~ons Ammal Shelter Adwsory Board - Paul Carberry, who represented a person who worked in the dady operation of an ammal shelter, has resagned Staff is recommending Darrell Wright for the position as he supervises the dmly operataon of the shelter Tlus is a nommaUon for Council Member Young Historic Landmark Commlsmon - Karen Abemathy (Council Member Young's nomination) and Bob Montgomery (Council Member Cochran's nomination) have resigned PRIOR ACTION th Councd members made nominations to the various boards/commass~ons at its meeting of June 20 and approved those nominations on June 27th Additional nomanatlons were made at the June 27th meeting for consideration at this meeting A hst of the nominations made and vacancies stall exmtmg ~s attached Respectfully submltJ~ed ~ml ~'er ~alters Iglty Secretary BOARDS/COMMISSION NOMINATIONS ...... RT ADVISORY BOAR~ D~st Current Member Nommat~on Term Cotmcfl 7 Terry Garland Terry Garland 1998-00 Brock Aonroved 6/27 3 Ann Houston 1998-00 Cochran 4 Joe Roy Joe Roy 1998-00 Knstoferson Approved 6/27 5 Ronald Keaton Ronald Keaton 1998-00 Beasley Approved 6/27 m,IMAL SItEI,TER ADVISORY BOARD D~st Current Member Nomination Term Council 2 Joella Orr 1998-00 Durrance 5 L~sa Zottarelh L~sa Zottarelh 1998-00 Beasley Aooroved 6/27 6 Hamet Aronson Harriet Aronson 1998-00 Burroughs BOo.--) OF ADJUSTMENT D~st Current Member Nomination Term Council 5 Bob Manning Bob Manmng 1998-00 Beasley Approved 6/27 2 Robyn Mullendore Robyn Mullendore 1998-00 Durrance Approved 6/27 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE D~st Current Member Nomlnataon Term Council 5 L~sa Hmojosa ** 1998-00 Beasley 6 Barbara Stmnett Barbara Stmnett 1998-00 Burroughs Approved 6/27 7 Jean Ellen Rogers Jorge Urb~na 1998-00 Brock 3 Sondra Ferstl Sondra Ferstl 1998-00 Cochran Approved 6/27 5 Ann Hatch Edward Touralne 1998-00 Beasley **I n~a 141n~.i~a r~n~fl ~ nf fi/~8/flfl -new n~mmatmn ~ n~d~d CONSTRUCTION ADVISORY & APPEALS BOARD hist Speciality Current Member Nomination Term Council 2 Associated with Henry Rife Henry Rafe 1999-00 Durrance construction, Approved 6/27 development or real estate 4 Architect or Alan Nelson Alan Nelson 1999-00 Knstoferson Engineer Approved 6/27 DENTON HOUSING AUTHORITY Seat Current Member Nomination Term 7 Ray Bejarano Ray Bej arano 1998-00 Brock Approved 6/27 7 Bob Crouch 1998-00 Brock HISTORIC LANDMARK COMMISSION Dlst Current Member Nomination Term Council 3 Mark Sandel Mark Sandel 1998-00 Cochran Approved 6/27 7 Peggy Norton Peggy Norton 1998-00 Brock Approved 6/27 2 J~m Irdrkpatnck 1998-00 Durrance HUMAN SERVICES ADVISORY COMMITTEE D~st Current Member Nomination Term Council 6 Ten Rheault Ten Rheault 1998-00 Burroughs 7 Carol Brantley Carol Brantley 1998-00 Brock 2 Bettye Myers 1998-00 Durrance 4 Wallace Duvall Wallace Duvall 1998-00 Knstoferson Approved 6/27 LIBRARY BOARD D~st Current Member Nomination Term Council 7 Teresa Starrett Teresa Starrett 1998-00 Brock Approved 6/27 3 Eva Cadwallader Eva Cadwallader 1998-00 Cochran Approved 6/27 4 Ema Ruth Russell 1998-00 Knstoferson 2 . ,~.,.,,J AND RECREATION l] OARD D~st Current Member Nomination Term Council 3 Dale Yeatts Dale Yeatts 1998-00 Cochran A~roved 6/27 2 Brandnn Barnes 1998-00 Durrance 4 Brenda Plulhps Brenda Plnlhps 1998-00 Knstoferson Approved 6/27 . ~.~,. lING AND ZONING COMMISSION D~st Current Member Nomination Term Council 3 Salty Pashel Salty R~shel 1998-00 Cochran 5 J~m Engelbrecht 1998-00 Beasley 6 Perry McNelll Perry McNelll 1998-00 Burroughs PUBLIC UTILITIES BOARD D~st Current Member [ Nomination I Term Council 3 Bill CneseI 1 1996-00 Cochran ~ .... ~,OARD OF DIRECTORS Seat Current Member Nomination Term 0 George Hopkins George Hopkins 1998-00 ALL Approved 6/27 .~,.-~FFIC SAFETY COMMISSION Dlst Current Member Nomination Term Council 6 Greg Sawko Greg Sawko 1998-00 Burroughs Approved 6/27 1 Fred Hill 1998-00 Young 2 Bun'y Walters Barry Walters 1998-00 Durranee Approved 6/27 3 Sflwa Lesko Sllwa Lesko 1998-00 Coehran Approved 6/27 4 Larry Luee 1998-00 Knstoferson AGENDA INFORMATION SHEET AGENDA DATE. July 25, 2000 DEPARTMENT Risk Management..~ ACM: Kathy DuBos¢ ~'~[2) '.r SUBJECT Receive a report, hold a d~scuss~on, and g~ve staff d~rectlon ~nvolwng the Ctty Employee Health Plan BACKGROUND City Council approved the placement of Employee Health Insurance with Aetna U S Healthcare, as recommended by staff, on October 19, 1999 fo~ one year w~th an optmn to renew Since that time, Council has requested add~tmnal mformat~on regardtng health care in general, a d~scuss~on on City of Denton Health Plan history, utd~zatmn of Denton area providers under the current plan, the finanmal standing of Aetna U S Healthcare, and a comparison and analys~s of the City of Denton plan with other Denton area pubhc ent~tles Th~s ~nformatmn ~s prowded to Council and ~s outhned on Attachment A It wtll be d~scussed at length to fully explam the health ~nsurance program OPTIONS Renew the contract w~th Aetna U S Healthcare for a second year w~th an optmn for a third or b~d out Employee Health Insurance ESTIMATED SCHEDULE OF PROJECT Current plan year ends December 31, 2000 Open enrollment for employees ~s scheduled for October 2, 2000 PRIOR ACTION/REVIEW Counml approved the current contract on October 19, 1999 for one year with an optmn to renew The Employee Insurance Committee (EIC) unanimously approved a renewal for a second year w~th Aetna U S Healthcare at their June 28, 2000 meeting RECOMMENDATION Renew for a second year wtth Aetna U S Healthcare w~tb an option for a third FISCAL INFORMATION Funding for a one year renewal with Aetna U S Healthcare has been included tn the 2000-2001 proposed budget Respectfully submitted Robert A Waggoner, ARM Risk Manager 2 HEALTH INSURANCE BENEFITS PROGRAM JULY 25, 2000 CITY OF DENTON HEALTH INSURANCE BENEFITS PROGRAM JULY 25, 2000 I Glossary of Terms II City of Denton Health Plan H~story III Current Health Plan Issues A Ut~hzat~on of Denton Area Prowders B F~nancml Standing of Aetna IV Comparison with Other Plans - Costs and Serwces A Denton ISD and Denton County B Metroplex C~tles V Options and T~mehne VI Employee Insurance Committee Resolution VII Staff Recommendation VIII Questions and Answers Attachment A GLOSSARY OF TERMS COINSURANCE - After the deductible ts paid by the employee, this is a pementage that the provider pays on claims CONTRIBUTION - Employee and employer each pay a portion of the premium COPAY - A fiat fee that employees pay for each serwce rendered DEDUCTABLE - A set dollar amount the employee is responsible for paying befme the provider will pay for claims FULLY INSURED - Employee/employer contributions prod as premiums to one prowder who ~s responsible for paying all claims ~ncurred during contract period, the processing of claims, and assumes all risk HMO - Provides a full range of health benefits to a specified group of subscribers for a fixed prepaid fee HMOs utilize a primary care physm~an as a "gatekeeper" to refer to specmhsts IPA - Independent Practice Association - A group of individual physicians that do not practice as a group, but have formed a legal entity to contract with health care organizations POINT OF SERVICE - Covers services prowded to members w~thln a network with an optmn to go outside the network for a lesser reimbursement PPO - A group of physm~ans and providers who prowde a broad range of medical care to a predetermined group of subscribers for a predetermined fee RISK - the possibility of an occurrence, refers to the amount of gmn or loss an entity ~s wdhng to assume RISK MANAGEMENT - Protecting the City's Assets (Human, F~scal, and Physical) RUN-OFF CLAIMS - Payment made on claims after the end of the contract period for clatms recurred dunng the contract period SELF-INSURED - Employee/employer contnbutmns collected ~nto a fund to pay all clmms recurred dunng a spemfied period, to pay a third party administrator for processing clmms, and to pay for stop-loss ~nsurance because the fund assumes all risk STOP-LOSS INSURANCE - Insurance coverage that protects the selfqnsurer from paying more than a maximum amount of health ~nsurance clmms dollars Can be bought on a specffic bas~s (pays when an md~wdual clatm reaches a predetermined amount such as $75K up to pohcy hm~ts) and/or on an aggregate basra (pays when the total clmm costs exceed a predetermtned amount such as 125% of expected clmms costs up to pohcy hmtts) TPA - Third Party Administer, outside entity that is prod to adjust/handle/pay claims for a self-Insurer ~~~~ooo ~mo~o~mo~ seJnl!puedx=l II. ol HISTORY OF HEALTH INSURANCE FOR CITY OF DENTON EMPLOYEES: * Historical documents indicate that the City had self-insurance as early as 1976 · In 1987, the City re-bid health insurance and endorsed a self-funded Preferred Provider Organization (PPO) plan · The system sustained several large clams ("shock claims") · By the spring of 1988, the fund deficit was approximately $250,000 · By the spring of 1989, the deficit had grown to $1,600,000 To erase the deficit the City instituted a "limited baring freeze" and various budget cuts · The decision was made, m conjunction with the newly formed Employee Insurance Committee (EIC), to re-hid insurance on a fully insured basis and a fully insured contract was awarded December 1, 1989 * "Run-off'' claims (cloams recurred m one year but paid in the following year) of approximately $544,213 were paid in 1990 in addition to the fully insured premium payments % Budget Insurance Claim $ Amount Increase Year Type Costs Difference (Decrease) 1986-1987 Self funded HMO & PPO $ 648,079 1987-1988 Self funded PPO 1,268,580 $ 620,501 198% 1988-1989 Self funded PPO 2,257,062 988,482 178% 1989-1990 Fully msuredHMO 1,413,917 (843,145) (37%) · The conversion to a self funded PPO in 1987 resulted m an merease of claims cost totaling 250% over a period of two years · In 1989-1990, overall claim's cost decreased by $843,145 under a fully insured Health Maintenance Orgamzatlon plan and the City has been fully insured ever * The past three years' clmms prod versus premmms paid comparison YEAR CLAIMS PAID PREMIUMS PAID BY INSURANCE BY CITY 1997 $2 9 md $2 7 mil 1998 $2 8 mfl $2 9 md 1999 $3 5 md $3 2 mfl Current year (2000) claims prod January through May CITY OF DENTON 2000 HEALTH CLAIMS COSTS (AETNA) $600,000 $55O,OOO $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $o JAN FEB MAR APR MAY 0 0 0 0 0 0 0 0 0 0 0 0 ~ ooo ooooooo 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ ol CITY OF DENTON EMPLOYEE HEALTH PLAN UTILIZATION OF DENTON AREA PROVIDERS JAN. 1, 2000 - MAY 31, 2000 Total Outside CateRory Visits In Denton %Total Denton %Total Professional 1,943 1,525 78% 418 22% Hospital 175 131 75% 44 25% X-Ray 75 62 83% 13 17% Emergency 53 8 15% 45 85% Totals 2246 1726 77% 520 23% City of Denton Health Plan Services Provided 43% of employees live outs,de of Denton Aetna Investor ln/ormatmn Release Q1/2000 http//www aetna com/mvestor/relQl00 him Home Investor hffonnatlon Ou~rte, ly Eamml~s 1st Quarter 2000 AETNA REPORTS FIRST QUARTER EARNINGS HARTFORD, CT, APRIL 27, 2000 -- Aetna (NYSE AET) announced today first quarter 2000 operating earmngsI of $184 0 mflhon, or $1 29 per common share, a 28 percent per share increase over the $158 4 million, or $1 01 per common share, recorded for the first quarter of 1999 2 "I am pleased with Aetna's overall positive momentum, as each of our businesses recorded progress," Aetna Chairman and CEO William H Donaldson said "In Aetna U S Healthcare, the inclusion of Prudential HealthCare (PHC) produced higher earnings over the prior year, and this quarter we delivered solid pricing increases Medicare results, while improved from the fourth quarter, remmn &sappolntmg, as medical costs rose more than expected against htgher prices and benefit adjustments "Strong market performance and a continued strong sales trend drove asset growth and higher earnings tn Aetna Financial Services "Aetna International delivered higher earnings, as business growth resulted from improving economies in Asia and Latin America Following a difficult fourth quarter, Brazil returned to operating profitability," Donaldson said "Since I assumed the Chairman's role two months ago, Aetna has been proceeding on a fast track to enhance our services to customers, to improve our relattonshlps with physlctans and hospitals, to restore investor confidence and to enhance shareholder value To that end, we are immersed m an extenstve review of our health care business model and strategies Indeed, we now are studying how we can build on our recent agreement with the Texas attorney general, as we fashion approaches to markets outside Texas We also have instituted a search for a CEO of the health business, a key step toward preparing for independent, pubhe company status "Further, we have undergone a strategic review of our international operations and are proceeding with om intent to sell certain noncore or low-return businesses We have also begun to ~mplement the first phase of our announced cost-reduction program," Donaldson said Aetna U S Healthcare Operating Earmngs Rise 24 Percent Aetna U S Healthcare, which provides a full spectrum of managed [ot 3 7/5/00 3 58 P~, Aetna Investor [nlormat~on Release Q1/2000 http//www aetna com/mvestor/relQI00 btm health care, mdemmty and group insurance products and services, produced operating earnings of $131 8 mflhon, a 24 percent increase over the $106 2 mflhon reported for the first quarter of 1999 Eammgs rose primarily due to the inclusion of the PHC business Aetna U S Healthcare's commercial HMO me&cai costs as a percent of revenues (medical loss ratio, or MLR) were 83 8 percent ~n the first quarter of 2000 Th~s was one percentage point lower than the fourth quarter, as premium increases outpaced hlgher-than-antxcxpated medxcal costs, ~ncludmg higher utilization The PHC commercial HMO MLR was 85 6 percent, 2 3 percentage points better than ~n the fourth quarter, reflecting slgmficant rate increases The Medicare HMO business deteriorated from the prior-year period, but ~mproved over the fourth quarter due to rate increases from the federal Health Care Financing Adnnmstrat~on (HCFA) and higher supplemental premiums, which more than offset h~gher-than-anuclpated me&cai costs, including higher utlhzat~on during the quarter As a result, Aetna U S Healthcare's overall Medicare HMO MLR was 94 3 percent for the quarter The company ~s m the process of rewewlng future options for tts Medicare business on a market-by-market basis and expects to exit a number of markets next year Decisions will be made and announced by July 1 Total HMO membership declined 1 6 percent from December 3 l, 1999 to 9 7 mflhon Total health membership served stood at 19 5 mflhon as of March 31, 2000 These decreases reflect the attrition of PHC membership due to premmm and rate ~nereases designed to help return the business to planned profitablhty Partmlly offsetting PHC atmtlon was a s~gmficant nsc in Aetna U S Healthcare HMO nonnsk and some growth in HMO risk membership In addition to the expected overall PHC membership decreases, total health membership declined from year end due to the completion of the sale of NYLCare Texas commercial operations HMO SG&A expenses were 11 8 percent of revenues, higher than in the first quarter of 1999 due to the inclusion of PHC's higher expense base, but a full percentage point lower than ~n the fourth quarter The lower HMO expense ratio reflects both seasonally lower marketing and enrollment expenditures, as well as the benefits of expense-reduction initiatives Group insurance and other health operating earnings rose 14 percent from the first quarter 1999, reflecting h~gher HMO nonnsk membership, as well as h~gher investment income Aetna Financial Serwces Earnings Rise 27 Percent Aetna Financial Services (AFS), whtch markets a w~de array of retirement and mvestment products to small businesses, educational mst~tutlons, state and local governments, nonprofit orgamzat~ons and 2 ot 5 7/5/00 3 58 I: Aetna Investor Inlormatmn Release QI/2000 http//www aetna com/lnvestor/relQ 100 btm ~ndlviduals, reported first quarter 2000 operating earmngs of $60 0 mIlhon, compared to $47 3 million in the first quarter of 1999 The 27 percent increase is derived primarily from higher fee income due to asset growth Assets under management and administration grew by 33 percent to $77 billion, primarily due to strong equity markets, but also fueled by strong sales in the defined contnbutlon and individual markets AFS continues to focus on enhancing its operations, expanding distribution and building scale In selected markets The annuity expense-to-asset ratio improved to 63 basis points during the quarter In 2000, AFS w~tl continue to invest to improve system infrastructure and increase distribution capablhties Aetna International Earnings Rise 14 Percent, Show Turnaround in Brazil Aetna International, which sells life insurance, health and pension products in targeted emerging markets, reported first quarter 2000 operating earnings of $48 9 million, reflecting business growth and an ~mproved economic environment in the Asia Pacific region and Latin America Operating earnings from Asia Pacific more than doubled from the year-earlier quarter, while Latin America increased a modest three percent as a result of lower operating profitability in Brazil These results are 14 percent higher than the $43 0 mllhon reported in the first quarter 1999, which also included earnings from the divested Canadian operations Earnings from Brazil, while lower than the prior year, posted a profit for the quarter, representing a turnaround from the fourth quarter The Brazlhan business experienced more favorable pricing, an improving economy and seasonally better claims experience Results also reflect strong growth in Malaysia, the Mexico AFORE bus~ness and Ta~wan, as well as a positive earnings contnbuuon from the recently acquired Aetna Helwa Life Insurance Company in Japan, partially offset by weakness in Chile Large Case Pensions operating earnings deehned to $16 6 million for the first quarter of 2000, as results continue to reflect the runoffofthis business and the redeployment of capital to other businesses Total Aetna Revenues, including net realized capital gains or losses for the first quarter 2000, grew by 39 percent to $7 9 billion, primarily due to the Prudential HealthCare acquisition First quarter 1999 total revenue was $5 7 billion Net Income for the first quarter of 2000 was $169 4 mflhon, or $1 19 per common share, which includes $14 6 mllhon in net realized capital losses This compares with $169 6 million, or $1 09 per common share, for the 3 ol 5 7/5/00 3 58 P~ Aetna Investor Information Release Q 1/2000 http//www aetna com/investor/relQl00 him first quarter 1999, which included $11 2 million in net realized capital gmns A Fortune 50 company, Aetna provides over 45 mflhon people worldwide with quality products, services and tnformatlon to help them manage best what matters most, their health and financial well-being Information about Aetna is available at www aetna corn The public can access Aetna's first quarter 2000 conference call today at 9 a m EST by dialing 212-896-6146 i Operating earnings exclude net realized capital gains or losses Operating earnings for the first quarter of 1999 include Year 2000 costs of $26 9 million after tax Per share amounts are reflected on a diluted basis 2 Results for first quarter 1999 and other comparisons reflect the restatements announced on February 1, 2000 CAUTIONARY STATEMENT - Certain tnformation iff this press release is forward looking, including statements regardtng the potential apphcatlon of om agreement with the Texas attorney general to markets outside Texas, our cost-reductton program, our expectatmns relating to exmng certain Medicare markets effecttve 2001, our expectations regardmg divesting certain international assets and our expectations about the impact of AFS investments in technology and distribution capabilities Forward-looking mfurmation is based on management's estimates, assumptions and projecttons regarthng the future earnings, cash flows and capital requtrements of each of Aetna's businesses and other future events, and is subject to slgntficant uncertainties, many of whtch are beyond Aetna's control Important risk factors could cause the actual future results of Aetna's businesses and other future events to differ materially from those currently estimated by management Those risk factors include, but are not hmited to the ability to successfully integrate the Prudenttal HealthCare transaction on a timely basis and in a cost-efficient manner, and to achteve projected operating earnings targets for that acquisition (which also is affected by the adequacy of certain contractual econnmtc protections in the acqmsmon, the ability to retain acquired profitable membership and the ablhty to ehmmate duplicative admnnstraiave functions and integrate management tnformation systems), the ability to successfully complete our proposed separattnn into independent health and wealth businesses (which also is affected by, among other things, the abthty to efficiently separate Aetna's administrative functions and management mformanon systems, the ttmmg of numerous regulatory approvals and the satisfaction of other legal requirements) and divestiture of certain international assets on a timely basis, adverse government regulatmn, including for Aetna U S Healthcare legislative proposals to eliminate or reduce ERISA pre-emption of stat e laws that would increase potential litigation exposure, other proposals that would increase potential httganon exposure or proposals that would mandate coverage of certain health benefits, unantmtpated increases in medical costs (such as those experienced in the first quarter of 2000), mcludmg pharmacy costs and those resulting from changes tn contracting or recontracting with providers, adverse pneang actions by government payors, changes tn size and product mix of membership in key health markets, the effect of interest rate changes on financing costs, the impact of slgmficatn changes in financial markets on the level of assets under management or adrmtnstration (and asset-based fees) tn the Aetna Financial Services, Aetna International and Large Case Pensions businesses, the outcome of securities and other lmgatton and regulatory matters, including purported health care and shareholder class actions and reviews ofhnsmess practices by various regulatory agencies, and the effect of currency deva luation and international economic con&tlons on Aetna International earnings For further discussion oflmportant risk factors that may materially affect msnagement's estimates, Aetna's results and the forward-looking 4 ol 5 7/5/00 3 38 PM Aetna Investor lnformatton Release QI/2000 http//www aetna comhnvestor/relQ statements herein, please see the risk lactors contained in Aema's Securities and Exchange Comm~sston filings, whtch risk factors are tncorporated hereto by reference You also should read those filings, particularly Aema's 1999 Report on Form 10-K filed with the SEC and Report on Form 10-Q for the period ended March 31, 2000 to be filed wtth the SEC, for a discussion of Aetna's results of operations and financial condition Tables also available in Excel format CONS ISTO2000 Xl,S and tn PDF format C()N~, IS'IQ2000 PDF. prowdcl ot health and 151 Farm~ngton Avenue rcttrcment bcneht plans Hartto~d CT 06156 USA and tlnal'~clal selvmes w~th phone 860 273 0123 three core businesses ©1999 Aetna In¢ 7/5/00 3 58 ? 5ot5 AETNA FINANCIAL RATINGS AS OF MARCH 14, 2000 Standard & Poors Moody's Claims Paying/ F~nancial Strength AA- Aa3 Moody's Investor Grade defines Aa bonds as high quality by all standards Together with the Aaa group they comprise what are generally known as h~gh-grade bonds Standard & Poor's AA- rating ~s equivalent to Moody's Aa3 * Note' The C~ty of Denton carries a AA- bond rating w~th Standard & Poor's and a Aa3 bond rating with Moody's IV. COST 5 6 Total Revenue Generated Their Rates with Our Employees Type of Coverage # Enrolled COD Rate Monthly Annual Employee 947 $ 237 18 $ 224,609 46 $ 2,695,313 52 Employee+Spouse 93 $ 13046 $ 12,13278 $ 145,59336 Employee + Children 193 $ 80 64 $ 15,563 52 $ 186,762 24 Employee+Family 241 $ 16365 $ 39,43965 $ 473,27580 $ 291,745 41 $ 3,500,944 92 Type of Coverage # Enrolled DISD Rate Monthly Annual Employee 947 $ 16370 $155,02390 $ 1,860,28680 Employee + Spouse 93 $ 220 14 $ 20,473 02 $ 245,676 24 Employee+Children 193 $ 18949 $ 36,57157 $ 438,85884 Employee + Family 241 $ 330 78 $ 79,713 16 $ 956,557 92 $ 291,781 65 $ 3,501,379 80 Type of Coverage # Enrolled DC Rate Monthly Annual Employee 947 $ 197 00 $186,559 00 $ 2,238,708 00 Employee+Spouse 93 $ 12400 $ 11,53200 $ 138,38400 Employee + Children 193 $ 187 00 $ 36,091 00 $ 433,092 00 Employee+Family 241 $ 24900 $ 60,00900 $ 720,10800 $294,191 00 $ 3,530,29200 Total Revenue Generated Their Rates with Our Employees $4 000,000 $3,500,000 $3,Q00,000 $2,500,000 $2,000,000 · Employee Contribution $1,400,000 El Emp oyer Contribution $1,000,000 $500,000 City of Denton Denton Denton lSD County 8 12 City of San Marcos Medical and Dental Monthly Rates - Employee Effective 8/1/2000 Pa,d Pa~d by Total Medical by City Employee Premium Employee Only $256 45 $0 00 $256 45 Employee & Spouse $351 83 $189 44 $541 27 Employee & Ch~ld(ren$342 18 $184 25 $526 43 Employee & Family $530 71 $285 76 $816 47 Paid Paid by Total Dental by City Employee Premium Employee Only $22 75 $0 00 $22 75 Employee & Spouse $22 75 $25 55 $48 30 Employee & Ch~ld(ren$22 75 $25 55 $48 30 EmploYee & Family $22 75 $47 70 $70 45 C \data\b~dsheal\1998\eec~tyra wk4 Old EE Rate New EE Rate % Change Employee & Spouse $71 25 $94 72 32 9% Employee & Ch~ld(ren) $72 75 $92 13 26 6% Employee & Family $143 00 $142 88 -0 1% Employee & Spouse $11 00 $12 78 16 1% Employee & Ch~ld(ren) $11 00 $12 78 16 1% Employee & Family $21 88 $23 85 9 0% [3 + roes _o 15 0 0 0 0 0 0 ' 0 0 0 0 0 0 ~ ~.0 ~0 ~' CO CXl ~" 17 · · · · · · VI. ol RESOLUTION EMPLOYEE INSURANCE COMMITTEE WE THE MEMBERS OF THE EMPLOYEE INSURANCE COMMITTEE (ElC) FIND THE CURRENT HMO PLAN (AETNA) FUNCTIONAL, SATISFACTORY, AND AFFORDABLE. IT HAS BEEN OUR EXPERIENCE THAT THE LEVEL OF BENEFITS AND PLAN DESIGN FOR COST ARE FAVORABLE OVER PPO'S. WE CONTINUE TO ENDORSE A FULLY FUNDED PLAN OVER SELF- FUNDED PLANS. BY UNANIMOUS VOTE ( 1 8-0) BILL ROWELL FRAN PREHEIM DANNI CREDEUR ALMA ESPINO KATHERINE BARNETT JOOY HAYS MANNY CORONADO SANDY LAWSON JOHN HUDSON CINDY ALONZO CAY MCSPEDDEN MICHAEL MAY JESSE PEREZ LORI SHELTO~ LINDA TOURAINE RICK BARNETT JOHN (~ILLETY~, CHAIR CHUCK PIERCE, CO-CHAIR FIRE DEPARTMENT ELECTRIC UTILITIES THIS 28TM DAY OF JUNE, 2000. VII. Risk Management * 215 E McKInne~ * Denton? Texas 76201 Telephone (PLO) 34P-8317 * DFW Metro (972) 434-2259 ~ Fox (940) 349-7206 MEMORANDUM DATE: July 25, 2000 TO: Honorable Mayor and Members of the Clty Council THRU: Robert Waggoner,~, s~ksk Manager SUBJECT: Health Benefits Recommendation The C~ty of Denton Employee Health Benefits ts under contract with Aetna U S Healthcare through December 31, 2000 The City has the option to renew the contract for an additional year, January l, 2001 through December 31, 2001 The City may also hid out Employee Health Benefits through the RFP procedure m accordance with state law Our goal as an employer la to prowde the best quality of health benefits to our employees at the best cost The way the cost of these benefits is shared between employer and employee is a matter of organlzauonal plulosophy and economics W~th this goal m mind and through research and analysis of Employee Health Benefits, ~t is the recommendation of staffto renew the contract with Aetna for 2001 Counctl has expressed concerns regarding the Employee Health Benefit Plan mclu&ng the utilization of Denton me&cai prowders, the financial stability of Aetna U S Healthcare, and is mterested m how City of Denton Employee Health Benefits compare to other area public entitles' plans Staffhas researched and addressed these concerns m depth, Regardmg Denton provider utlhzat~on, not only are 77% of our Health dollars spent for Denton me&cai providers, but with 43% of our employee base hvmg outside of Denton, we are bringing business mto the City In reviewing Aetna's financial stability, it was found that Aetna is experiencing healthy growth m revenues and Aetna's f'mancial rating is as high as the City of Denton's credit ratmg Although the City of Denton contributes more per employee to ~ts health plan than the other two local public enttnes, it has been found that the total contributions to the plans are nearly ~dent~cal Thus the costs for health care have been shifted to the employees m these other two plans which allows the pubhc entity to pay less Furthermore, when consaderation ~s g~ven to the reduced benefits of the other two entities' plans, the employees pay considerably more for health services rendered Therefore, the total costs of the other two plans become much greater than the City of Denton's plan with the burden of the ad&tional costs shlt~efl to the employees Further research showed that plans provided by the Denton IPA network have fewer benefits at such a higher cost to be uncompetltlve when compared to Aetna In comparison to other area City employee health plans, the City of Denton contributes more per employee for "employee only coverage" than some but not all of the plans reviewed However, many of these entit~es mcreaee their contribution to offset employee costs for "dependent/family coverages" while the City of Denton does not In spite of these offsets, City of Denton employees still pay less for dependent coverages When the total cost of family coverage is reviewed, the City of Denton's plan is the lowest cost of all. The goal is not to just prowde benefits at the best cost, but the best health care as well Tlus points to employee satisfaction At the Employee Insurance Committee (EIC) meeting of June 28, 2000, employee representatives from all across the City unanimously expressed theuc satisfaction w~th Aetna as their provider of Employee Health Benefits Staff has found that the City of Denton provides the best quahty of Employee Health Benefits at the best cost Staff recommends the City of Denton renew its contract w~th Aetna U S Healthcare for one year effective January 1, 2001 2 VIII. ol Agenda No Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE. July 25, 2000 DEPARTMENT: Planning Department CMfDCM/ACM: Dave Hdl, 349-8314 SUBJECT - Development Review Committee (DRC) Receive a report, hold a discussion, and gtve staff dtrectlon regarding proposed procedural changes to be lmpl~ented by the City Development Review Committee (DRC) BACKGROUND At the Jtme 13, 2000 Cxty Cotmml work session staff presented a number of operational and procedural changes to the Development Rewew Committee (DRC) Th~s report ~s intended as a follow up to that meetmg As identified m the June 13th report the procedural changes to DRC included the following ~ Changtng the submtsston date and requirements Currently apphcattons are required to be submttted by 10 AM etght (8) days prtor to a DRC meettng Regardless of the quahty of the submtsston, the apphcatton ts scheduled for DRC The current proposal ts to requtre submtsstons ten (10) days prtor to DRC (Mondays at 10 AM) Prtor to betng placed on a DRC schedule, plans will be revtewed for completeness and content For example, tfa dratnage plan~report ts requtred, staff checks first to see tf the plan has been submttted, and then checks for completeness and proper usage of ctty revtew standards and crtterta If the apphcatton ts not complete or does not have the required reformation, the apphcant will be tnformed, and the apphcatton wdl not be forwarded to DRC The apphcant can then make the requtred correcttons and resubmtt for a future DRC meettng It is antlmpated that the new schedule will become affected on August 7, 2000 Th~s wall allow staff t~me to noUfy past appheants prior to the effected date Check Ltsts Check hsts, prepared by each department, wtll be tncluded wtth DRC apphcattons and wdl be used to determtne the appropriate level of tnformatton requtred for each type of apphcatton The check hsts wtll not only allow for easter and more effictent review but they wtll provtde the apphcant wtth all the requtred tnformatton needed should save the apphcant ttme and money The checkhsts are now completed (See Attachment 2) and wxll be available for applicants prior to the change m the submission date reqmrements Provtdtng tnformatton to the apphcant Prtor to a few months ago, apphcants recetved DRC comments as their case was betng revtewed Iftthtn the past month, case managers have been forwardtng DRC comments to apphcants one day prtor to the meettng Thts allows the apphcant ttme to revtew the comments, and to be prepared to ask spectfic questions Thts allows staff to use our hmtted ttme at DRC effictently Staff is continuing to provide the applicants wtth comments the day before the scheduled DRC meeting Setttng strtct schedules _for revtstons After an apphcatton ts revtewed at DRC tt ts typtcal that at least mmor revtstons are reqmred If major revtstons are requtred, the apphcant may be requtred to resubmtt plans for another DRC revtew Normally, only a few of the departments have to review the proposed revtstons and the apphcant ts allowed to work tndtvtdually with those departments A great deal of confuston arises as to when revtstons are requtred to be submttted so that plans wtll be placed on the Plannmg &Zontng Commtsston or to City Counctl agenda In response, changes have been made on two levels The first level apphes to pubhc heartngs Due to nottficatton requirements, appltcattons requtrtng pubhc heartngs must be 100% complete prtor to being placed on an agenda and the starttng the pubhc nottficatton process The second level mvolves non-pubhc hearing items (typtcally plats) Requtred revtstons must be submttted prtor to placement on the draft agenda, and if all revtstons are complete, the ttem wtll remain on the final agenda These rules allow the apphcant ample ttme to revise the plans, provtde the apphcant assurance that ( all the revtstons are addressed, thetr case wtll be scheduled for formal actton expedtttously, and more ~mportantly, allow staff the abthty to schedule revtew ttme wtthout the constant pressure from apphcants to make last mtnute addtttons to agendas The DRC remew sheets (See Attachment 31 have been modified to include speeffic dates and times that rewmons need to be submnted in order to meet a specffic heanng date The applicants are given a copy of the remew sheets prior to leaving DRC Thts has ehmmated any ttmmg questions between the apphcant and the remew staff In addition to the above noted procedural changes, city council requested that flow charts be developed that outhne the time requirements assoctated wtth the different revmw processes Two flow charts have been developed wluch outhnlng the typical platting and zomng processes (See Attachment 2) Another topm of concern relates to feedback and evaluation In response to th~s, the DRC revtew sheets (See Attachment 1) have been modified to tnclude a request for feedback related to any concerns and/or comments an applicant has If responses are mlmmal, a formal survey may be needed A formal survey was conducted in April of th~s year with nominal results It ts hoped that an informal approach wtll result in better feedback It ~s our ~ntent to monitor the impact these changes and to continually analyze and improve the process as necessary to provtde the best service possible 2 ATTACHMENTS 1 DRC Review Sheet 2 Flow Charts 3 Check Lists Respectfully submitted DRC Chmrman Development Rev,aw Committee July 27, 2000 Present from Staff' [] Larry Re~chhart, Cha~rman/Planmng, [] Mamy Ratcl~ff, Planmng [] Dale Hoeltlng, Drainage, [] Nona Munc~e, Building Inspections [] Thomas Gray, Planmng [] P S Arora, Water/Wastewater [] Bryan Sherr~eb, Engineering [] Beth Hudson, Planning, [] Don McLaughl~n, Electric Eng~neenng [] John G~llette, F~re [] M~ke Grace, Planning, [] Lor~ Shelton, Economic Development, [] Bob T~ckner, Parks, [] Deborah Viera, Planning, [] Applicant / Case Representatives CASE TYPE - Case Name, Case Number MAJOR ISSUES (See DRC Comments for conplete hsflng of comments) [] Approved Not Approved [] Return to DRC (Plans submitted by next Monday at 10 AM will be scheduled for next weeks DRC ) [] Work with individual Departments (as Indlcatedat right) To make the 2000 P&Z meeting the deadline for submitting revisions is 9 A~f on (Only if all revisions and/or comments have been adressed and approved by staff will this item be forwarded to P&Z, 12 sets of approved prints and one 81/2 x l 1 reducttonwlll be required by noon, 12 days pnorto the P&Z date ) [] Other Larry Relchhart, Development Review Committee Chairman Please contact Larry Relchhart (DRC Chairman) with any questions comments or concerns you have related to the Development Review Committee All correspondence will be kept confidential · (940) 349.8350 · (940) 349 7707 (fax) · !crelchh(~¢ltvofdenton corn City Hail West. 22'/N Elm. Denton. TX. 76201 (Please return a coDv of this Daae with vour rev,sion submisslon} 4. C~ty of Denton DRC TIMELINE ~ Application Received by 10am Applicant Rewses Submission I Monday ~~ [ Application returned to Approved Tuesday ~ance ~, Denied General T~m~ng Planning and Zoning Commlsston meets 2nd and 4th Wednesdays of the month Wed Approved ~ C~ty Councd meets on the 1st and 3rd mhurs ! DRC Agenda Set and I Tuesdays of the month Applicant Notified Allow a minimum of 3 weeks between Planmng and Zoning date and C~ty Councd Frl _'1 Date Allow a minimum of 3 weeks between DRC Don Plans Reviewed and Planning and Zoning Date Allow 1 to 2 weeks m~mmum for revisions TU(~S after final DRC date Wednesday Comments Forwarded to Applmant Planmng and Development 221 N Elm Denton, Texas 76201 (940) 349-8350 Fax (940) 349-7707 www c~tyofdenton corn Thursday July 2000 DRC (Future Schedule Set) City of Denton PUBLIC HEARING TIMELINE *All rewew~ng departments DRC Approved Plans* must s~gn off on zomng case prlqr to the case being placed ~ on the agenda Set P&Z Agenda Notmes Sent to Denton Record-Chromcle (12pm) 2nd & 4th Wednesdays 200' & 500' Notices ~ P& Z Staff Reports Prepared I I I ' · Friday (12 Days prior to hearing) Sent and S~gns Posted ~ Staff Reports Rewewed & Rews~ons Completed Wednesday 9am (7 Days prior to hearing) General T~m~ng Planning and Zomng Comm~ssmn meets 2nd and 4th Wednesdays of the month P& Z Packets Pubhshed & Delivered City Council meets on the 1st and 3rd Tuesdays of the month Thursday - Friday Allow a m~nlmum of 3 weeks between (5 Days prior to hearing) Planning and Zoning date and C~ty Councd Date Allow a m~mmum of 3 weeks between DRC and Planmng and Zomng Date I P&Z Pubhc Heanng I~ Allow 1 to 2 weeks m~mmum for rewslons Case Closed Demed-- Typically I after final DRC date Out 2nd & 4th Wednesdays Approved 1 Apphcant Petitions C C / (Supermaionty Reqmred to Approve) ; Planmng and Development 221 N Elm .. C~ty Councd Public Hearing ~ Denton, Texas 76201 Typically 1st and 3rd Tuesdays (940) 349-8350 Fax (940) 349-7707 " (21 days minimum from P&Z Date) ~ www c~tyofdenton corn July 2000 Preliminary Plat or Amending Plat / Replat Checldtst Fadure of applicant,to provide required information or obtain waiver from DRC Chair constitutes grounds for refusal of plat acceptance for processing, or staff recommendation of denial when application is scheduled for consideration Please note that this checklist is intended to assist developers and design professionals in the preparation of submittals for DRC review and are generally what is needed to facditate the review of the prehmmary plat Under special circumstances, adchtional hems may be reqmred through the Development Review Committee process prior to approval [] Drawn on a sheet s~ze of 18~ X 24" or 24' x 36'(smaller of larger sheet size may be accepted onlyif approved bY Developmere RevIew Committee Chair) Drawn to scale 1" - 50' or 1" ~- 100' (smaller of larger scale may be accepted only if approved by Development Review Committee Chair) [] Submnted with a total of eighteen (18) copies mchwduallv] folded set with name of project m lower right corner [] Accompanied by this application form, and the appropriate fee as listed on the Development Review Fee Schedule [] Ten (10) days prior to review by governing body, one (1) reduced (8~/~~ x 11") legible copy of the plat (picture only) ts required General Information ~ The date, written and graphic scale, north arrow, proposed name of the development, key map showmg the locauon of the devel°pment in relation to existing streets and highways and dates of preparation and revisions [-I The name and address of the property owner or owners, and the planners, registered engineer, surveyor or other representauves processing the plat r-I Any c~ty or extraterritorial lines traversing or on the boundary of the development UI The names of the record owners of contiguous undeveloped lands Name of the subdivider or developer, record owner or owners and the planners, registered engineer, surveyor or other representatives processing the plat r-I T~tle Block contmnmg Proposed name of the subchvision or lot on record, acres in platted and unplatted land and total of those acres, survey and jurisdiction (City of Denton, County of Demon, Texas, for example) Boundaries, Acreage, Zoning and Uses The development boundary lines, shown by contiguous dark lines of sufficient width to be easily identified [] The total acreage within the development, the ldantlfication of each ex'sung and proposed type of land use, and the acreage °f each use [] All existing or proposed lots and blocks identified by letter or number within the development and the names and lot patterns of contiguous developments, shown by dotted or dashed hnes [] The exisung and proposed zomng of the land to be developed and the zoning of adjacent land [-~ The location and identification of all existing budchngs, parking lots, driveways, and other significant structures Utilities [] The ldenuflcatlon, location and s~ze of all e~astmg pubhc facihnes, including water and samtary sewer hnes and the associated easements which are located within or on the boundaries of the development [] The adenufication, location, and size of all proposed pubhc facilities, mcluchng water and sanitary sewer hnes and associated easements which are proposed to serve the development, showing the location, size, and &stance of any existing hnes to which connections are proposed [] Detaded information on the means by which any alternative water or sanitary sewer service Is to be provided, such as be wells °r septic systems [] The location and routing of all existing or proposed hnes, easements, and facdnies for provl&ng electrical services for the devel°pment [] The ldentif~cataon, location and size of all ex~stmg gas, petroleum, telecommun~cations, or slmdar common carrier easements l°cated within or on the boundary of the development Prolect Name Case no Reviewed by Date Page 1 of 3 7 Preliminary Plat or Amending Plat / Replat Checklist Streets, Sidewalks ahd Driveways developments Theidentdicati~n~l~catI~n'andsIze~£allpr~p~sedstreets~sidewalkands~perIghts~fwaywhicharet~servethedevel~pment~ showine the orobosed connection or alignment with existing or proposed streets In adjacent developments Where there is no adlacent develop~men~ an~there are arterial or co~'lector streets proposed for the development, a key map shall be included to show the proposed future alignment and connection of the arterial or collector streets to the same type of streets in the nearest development The location and width of any existing or proposed driveways which accesses or proposed to access any ex~stmg or proposed arterial street located within or on the boundary of the development I--I Location and dimension of erastmg and proposed curb cuts [] As right.of, way dechcation and placement of sidewalks are a function of existing street location, the following mformation needs to be shown and labeled, Centerhne of existing streets, back of curb and/or edge of pavement, Arrow from centerhne to edge of existing right-of-way with chmenslon and arrow from canterhne to edge of proposed right of way with dimension Drasnage [] The topography of the emstmgland included within the development and any major changes In topography resulting form development as shown by contour lines of two (2) foot vertical intervals Upon prior approval of the city enggneer, &fferent contour intervals may be used [] Theidentdicati~n,l~cati~n~andaP~r~matedImensi~ns~fallexistmgandPr~p~sedwater~urses~p~nds~detenti~np~nds~&tches~ channels, floodway and floodplain boundaries, storm water improvements, drainage easements, or similar natural or man-made drainage facilities or features located within or outside the boundaries of the development that do or will affect or impact stormwater drainage on or across the [] Unless the cny erig~neer determines during t he predesign conference and after review of appropnate drainage study reformation, that the development w~ll not create the need for any drainage improvements, all developments shall be required to submit with the preliminary plat a preliminary drainage study, along with a drainage area map, containing the following information [] The dehneatton of the major contributing watersheds for stormwater that crosses or Is proposed to cross any property within °r °n the boundary of the development [] All areas outside of existing or proposed drainage easements or street rights-of-way serving the development that will be inundated by the 100 year flood [] A summary of the drainage calculations used to determine the proposed stormwater drainage system that wdl be necessary to serve the development The calculations shall be prepared and submitted In accordance with the Denton Drainage Design Manual in order to review and assess the adequacy of the proposed drainage system r"l Expected Impacts on offslte properties and proposed measures for remedying impacts Drainage Area Map and Runoff Calculations' Normally, use 1" - 200' scale for on-site, and 1" - 400' for off site Show match lines between any two (2) or more maps [] Show existing and proposed storm drains and inlets with designations [] Indicate sub areas for alley, street, and off-site areas [] Use design cnt~na as shown in design manual [] Indicate zoning for each drainage area [] Showpomtsofconcentrationandtheirdeslgnations Provldeatableateachdischargepomtofl0-andl00-yeardischargeforexasung and proposed development of the site Indicate how offsne drainage is to be handled [] Indicate runoff at all Inlets, dead end streets and alleys, or to and from adjacent additions or acreage [] Provide runoff calculations for all areas showing acreage, runoff coefficient, and inlet time (Q - CIA Table) [] For cumulative runoff, show calculations [] Indicate all crests, sags, and street and alley intersections with flow arrows [] Identify direction of north to top page or to the left Prolect Name Case no Reviewed by Date Page 2 of 3 8. Preliminary Plat or Amending Plat / Replat Checkhst Other Items to be included' LabelandshowanyFEMA100-yearfloodplmnandfloodwayontheplan Labelandshowcenterhneofanystream, creek, swale, etc [-I Subm~ttal~fC~ndm~nalLetter~fMa~Revisi~n(CL~MR)~any~rti~n~ftheFEMA~.year~dp~a~nist~berec~a~med Review oftheCLOMR~.ndapprovalbyCltyisrequiredpnortoapprovalofprehminaryplat See checkhst for flood studles Redamanonof the 100-year flo0dplam is sublect to City's review and approval Upon completion of public improvements, submission of all documents necessary to obtain a Letter of Map Revision (LOMR) from FEMA shall be submitted to the City of Denton The LOMR wdl then be reviewed, approved, and sent to FEMA prior to acceptance ofthesubdivision TheLOMRisnecessasytoremoveanylotwithinthefloodplmnfromtheFloodlnsuranceRateMap Allchangesor additional data, as requested by FEMA upon its review of the LOMR, are the responsibility of the owner and/or developer ~ Submittal of flood study for any sizable creek that Is not defined as floodpl~un on Flood Insurance Rate Map (FIRM) See checklist for flood studies Review and approval by City of flood study is required prior to prehmmary plat approval r-I All areas of the 100 year floodplain that are not reclaimed shall be contained in a drainage easement and labeled with metes and bounds description on the preliminary plat Label and show any Environmentally Sensitive Area on the plan r-I Show location of all emstmg and proposed drainage easements Preliminary Plat shall show the outfall location of any detention pond and any other outfall on the project r-I Add a note that ~tates Discharge from any detention pond outfall or storm drain outfall may require an offsite drainage easement to accommodate the flow If an offsite draxnage easement Is required, a study shall be made of the off site property to determine the size of the drmnage easement to accommodate the flow r-I Add note on Pr~hmmary Plat that states Acceptance of the drainage features identified on the Preliminary Plat are sublect to change during the final plat process and do not constitute subsequent approval of same The City reserves the right to require addmonal data or studies to ensure compliance with City of Denton Subdivision and Land Regulations, Drainage Design Criteria and Comprehensive Master Drainage Plan The items hsted ~n tbe cbeckhst are generally what are needed to facditate the review of the prehmmary plat Under special circumstances, additional items may be required through the Development Review Committee process prior to approval by the drainage department Notes 1 Approval of a preliminary plat shall expire twenty -four (24) months from date of approval unless a final plat has been approved 2 Owner or engineer should contact the US. Post Office at387-8555 to ensure location and type ofmadservlce Prolect Name Case no Reviewed by Date Page 3 of 3 9. Final Plat or Amending Plat / Replat Checklist Failure of applicant,to provide required information or obtain waiver from DRC Chair constitutes grounds for refusal of plat acceptance for processing; or staff recommendation of denial when application is scheduled for consideration Please note that this checlflist Is intended to assist developers and design professionals in the preparation of submittals for DRC review and are generally what is needed to facilitate the review of the final plat Under special circumstances, ad&tional hems may be required through the Development Review Committee process prior to approval I-I Drawn on a sheet size of 18" X 24" with a 3"x3" clear box in the right hand corner (these are county requirement for hhng) Drawn to scale 1~ - 50' or 1" - 100' (unless otherwise approved by the by Development Review Commntee Ch~ur) Submitted wnh a total of eighteen (18) copies of final plat mdiwdually folded wath name of project m lower right corner Three (3) sets of engineering/construction plans if required (required for all pubhc improvements, mdudmg sidewalks) FI Accompanied by this application form, and the appropriate fee as listed on the Development Review Fee Schedule [] Nme (9) days prior to review by govermng body (typically P&Z), two (2) reduced (8~/f ' x 11") legible copies of the plat (P~cture only) are required [] The date, written and graphic scale, north arrow, proposed name of the development, key map showing the location of the development in relation to existing streets and highways and dates of preparation and revisions [] The signature of the owner or owners of the land included w~thm the plat, acknowledged in the form required for the acknowledgement of deeds [] Name of the subchvider or developer, record owner and planner, engineer or surveyor [] Title Block contmmng Proposed name of the sub&vision or lot on record, acres in platted and unplatted land and total of those acres, survey and lunsdtction (City of Denton, County of Denton, Texas, for example) [] Proposed name of the subchvtsion, development or lot on record, which shall not have the same spelling or be pronounced simdarly to the name of any other development located on land wnhm the junsdacuon of the mty Developers of phased development shall use the same base name for different seeuons, identified by a section number [] The developmem boundary lines, shown by continuous dark lines of sufficient width to be easily identified, as shown by a survey performed by a registered professional land surveyor describing the boundaries of the development by metes and bounds The survey shall Locate the boundaries with respect to a corner of the survey or tract or any ortgOnal corner of the original survey abstract of which n Is a part (provide a note of descripnon of the location of the survey abstract) At least one corner shall be ued by course and distance to a corner m a recorded subd~vision or to a right of-way pan at an intersection (Note describing corner markers should be included), [] Descrabe and locate all permanent survey monuments, pros, and control pmnts and ue and reference the survey corners to the Texas State Plane Coordinate System, and [] Idenufy the dimensions of the development with a legal description and bearings and d~stances on the boundary of the plat [] Location of development by cny, county and state [] Theex~ct1~cati~n~d~mensi~nanddescnpti~n~fallerastmg~rrec~rdedstreet~al1eys~easements~andpubh~nghts-~f-waywithm the development, intersecting or contiguous with its boundary or forming such boundary Prolect Name Case no Reviewed by Date Page 1 of 11 1 0. Final Plat or Amending Plat / Replat Checklist r-I The dimensions of all cresting or proposed lots and blocks within the development ldenttfied by letter or number running consecutively throughout the development [] The exact loeauon, d~mensions and description of all proposed streets, alleys, drainage and uuhty easemants, parks, other areas, reservations, easements or other rights-of-way to be dedicated to the public, located within, lmersectmg or contiguous with its boundary or forming such boundary [] All proposed streets or changes to be made m existing streets shall be described with accurate bearings or deflecting angles and radii, area and central angle, degree of curvature, tangent d~stance and length of all curves where appropriate, and the primary control points [] Approvednameandwidthofeachstreet Street names are required for all newly created streets on the fmal plat document Please note that street names will not be "reserved" prior to the submission of a final plat document As staff MUST verify street names for spelling and pronuncmtlon at the time of the submission of the final plat, staff asks that all street name issues be reserved until the submission of the final plat [] As right-of, way dethcauon and placemant of sidewalks are a function of exasung street locauon, the following mformauon needs to be shown and, labeled, Centerhne of existing streets, back of curb and/or edge of pavemem, Arrow from centerhne to edge of existing right-of, way with dimension and arrow from centerhne to edge of proposed right of way with chmenston [] Ex,sung and proposed easements - labeled, &mensioned, and instrument used to create or abandon such easements [] Boundary lines of open spaces to be dedtcated or granted for use by the public or inhabitants of the development [] Reference by record name to recorded subdivision plats or adjoining platted land [] The minimum finished floor elevations for all proposed butldmgs, if required by the committee The elevations shall be stated as mean sea level rather than relative [] Bmlchng setback lines [] All required dedication and certification statements [] Certification that iron pins have been set in order to determine location of public improvements r-I Signature block for approving body Prolect Name Case no Reviewed by Date Page 2 of 11 Final Plat or Amending Plat / Replat Checklist In order to comply with the county's plat filing reqmrements, the following must be completed on the final plat document 1 All stamps and seals must be legible 2 Tax certificates are required with the fflmg of each plat from all taring entities Each tax certificate fried with a plat is $2 00 each 3 All signatures must be original and acknowledged (notary public) and each name must be printed below each signature 4 A 3" X 3" box in the bottom right-hand corner is requested on the plat in order to print recording information 5 Twenty-six dollars is required for each page of the plat filed plus twenty five cents for each page of each copy the applicant requests returned The following are general reqmrements for the execution package 71 2 Mylar copies of the plat with original s~gnatures 4 Blue line copies of the plat with original signatures Names must be printed below all signatures (zerox copies will not be accepted) 1 Disk comammg the approved plat in a" dwg" or" dwn" format [] All relevant tax certificates covering the platted property [] A check for filing fees made payable to Demon County of $26 for each page of the plat being filed, $0 25 for each page the applicant wants returned, and $2 00 for each tax certificate filed [] Development contracts must be executed prior to filing the final plat for all public improvements If there are any public improvements that require construction, development contracts will be required [] Park fees, if required, must be prod to the Parks and Recreation department prior to filing the final plat [] Any other offsite easements that are required, or other agreements, must be finalized prior to filing of the final plat Once t he execuuon package is received, alhtems wril be reviewed Any chscrepancies m the plat documems or developmem contracts may delay the frimg of the final plat Development contracts must be approved prior to fihng the final plat at the coumy courthouse Any omission of the above hsted items may delay the fihng of the final plat Staff wril obtmn signatures from the City Secretary and the Planning and Zoning chairperson prior to filing All final plats must be recorded within two years from the date of approval or they become null and void Prolect Name Case no Reviewed by Date Page 3 of 11 12 Final Plat or Amending Plat / Replat Checkhst Submit construcuon plans for ALL public Improvements wath, or prior to the submission of the final plat document Streets, sidewalks, water lines, sewer lines, drainage facflmes TRANSPORTATION RELATED IMPROVEMENTS 1 Plan and profile of all streets A Curb return elevations in plan view on the street and on the intersecting street B Elevations an profile every 100 feet and at changes an slope for the centerhne and/or the back of curb on both sides of the street Elevations m profile every 25 feet through a verUcal curve C Percent grades D Edge of pavement, partacularly where concrete flatwork and asphalt loin E Tae ins to eyastmg street network, with barricade removal, patching and other necessary work shown F Horizontal and vertical curve mformauon G Curb leavouts Sidewalk ramps, flume entrances, and driveway locations FL Sadewalks that are adjacent to the public street - see sidewalk comments below I All appropriate details and pavement cross sections J Guard rails and barricades must be noted as necessary K Pavement marking plans, signage plans, and traffic control plans L Casing or conduit for future utility crossings, if necessary 2 Sidewalks-Sadewalkc~nstructi~np~ansarerequiredf~ral~sidewalksa~ngstreetfr~mages Ifconstrucuonplansforanystreets are required, the sadewalk may be shown adjacent to the street If the street is already In eyastence, sadewalk plans must be submatted and labded "Sadewalk Plans ~ Sidewalks shown on a site layout submitted for the purpose of a braiding permit are not sufficient A Plan view for slopes less than 4% sufficient Plan and profile for sidewalks with a slope greater than 4% - note that sidewalks greater than 5% must comply with the Texas Accessibdxty Standards for general ramps B Notauon of the treatment of the sadew~lk at Intersections of driveways C Handicap ramps shown correctly with surface color and texture treatmem noted D Necessary anformatlon to show that the walkable path as not impeded Medians shown with leavonts, trees and shrubs removed where necessary E 5' x 5' passing spaces provided at 200 foot intervals F Curb ramps noted and type of ramp to be utilized G All detads for sidewalks and ramps 3 Utdaty Information (Uuhues are checked through the Water Utdities Departmem- however, the following mformauon ~s needed to ensure that right-of-way assues have been adequately addressed ) A All adjacent utilities are shown m the plan view Nearby utilities may be shown for reference m the profile view B Manholes, valve boxes and other at surface features shown and labeled C Bore locations shown with plan and profile Casm§ labeled 4 Drainage (Drainage Is checked through Water Utdmes - Drainage Division - however, the following information is needed ~s drainage affects street and sidewalk design ) A Drainage Area Map with drainage calculations and Inlet sizing calculations, conduit calculations, and culvert analysis Street capacity calculations af applicable B All pipes shown m plan and profile wath the appropriate 10 and 100-year velocities, flow rates, and hydraulic grade lines - trunk lanes and laterals included C Juncuon boxes at all grade changes and pape size changes - labeled with stations and elevations D Inlets, flumes, and other structures that may effect the street shown with details Prolect Name Case no Reviewed by Date ro.. up~,ea 7/2000 Page 4 of 11 1 3 Final Plat or Amending Plat / Replat Checkhst DRAINAGE RELATED IMPROVEMENTS A DRAINAGE AREA MAI' [2 Normally, use 1" - 200' scale for on site, and 1" 400' for off-site Show match lines between any two (2) or more maps I-I Show existing and proposed storm drams and inlets with designations I-I In&cate sub areas for alley, street, and off-site areas I-I Use design criteria as shown m design manual [-I Indicate zoning on drainage area ['-IShow points of concentration and their designations I-I Indicate runoff at all inlets, dead-end streets and alleys, or to and from adlacem additions or acreage r-'lProviderunoffcalculationsforallareasshowlngacreage, runoff coeffic~ent, and inlet time (Q - CIA Table or FORM A) [-I For cumulative runoff, show calculations I-I Indicate all crests, sags, and street and alley intersections with flow arrows [] Idenufy direction of north to top page or to the left VI Show limits of 100-year fully developed flood plain on dnunage area map B STORM SEWERS [] Diversion of flow from one natural drmnage area to another will not be allowed [] Show plan and profile of all storm sewers [] Specify size and type of material of all pipes [] Use heavier than Class III pipes where crossing railroads, areas of deep fill and areas subjected to heavy loads Specify concrete strength for all structures The minimum allowable is 4200 psi [] Provide inlets where street capacity is exceeded [] Provide inlets where alley runoff exceeds intersecting street capacity Do not allow storm water flow from streets into alleys [] Do not use high velocities in storm sewer design A maximum discharge velocity of eight (8) fps at the outfall is required Velocity &ssipation may be necessary to reduce eroston [] Flumes may not be allowed unless specifically designated, and will not be allowed on Type A D thoroughfares [] Prowde headwalls and aprons for all storm sewer outfalls Provide rip rap around headwalls where slopes exceed 3 1 [] Discharge flow hnes of storm sewers to be 1 5 feet above the flow hne of creeks and channels, unless channel hmng Is present Energy dissipation shall be provided when specified by the Engmeenng Department [] Where filhs proposed for trench cut m creeks or ouffall &tches, compaction shall be 95% of the maximum density as determined by ASTM D 698 [] Investigation shall be made by the engineer to validate the adequacy of the storm sewer outfall to a major stream [] Outfall area must have adequate capacity to carry the discharge Prowde erosion control facilities with hydraulic data [] Anyoff-s~tedramageworkor&schargetodownstreampropertywlllreqmreaneasement Easememshallbesizedsuchthatthe developed flows can be conveyed within the easement Submit field notes for off-site easemem that may be required (Private development only) Project Name Case no Revtewed by Date ~o~,V~a~ ~/2~ Fage 5 of 11 14 · Final Plat or Amending Plat / Replat Checklist C PLAN AND PROFILE r-I Indicate property lines and lot lines along storm sewers, and show easements with dimenstons [] If necessary, provide separate plan and profile of storm sewers The storm dram p~pes should also be shown on pavmg plans with a dashed line, and on sanitary sewer profiles showing the full pipe section I-I Tie storm sewer system stationing with paving stations [] Show and label pipe sizes, curb inlets, manholes, junction boxes, etc in plan and profile [] Show hydraulics on each segment of pipe profile to include Q~00, C - Manning full flow capacity, S, V, V2/2g I-I Showcurvedataforallstormsewersystem Curvesmpipeshallhavearadiusofone-hundred(100)feetorgreater Inspec~al circumstances, a smaller radtus may be approved by the Drainage Engineer [] Showallexistmgutihtiesmplanandprofde Onstormsewerproflles,~sam~mmum, thesanitarysewerprofilewdlbeshown [] Indicate existing and proposed ground line and improvements on all street, alley, and storm sewer profiles [] Show future streets and grades where applicable I-I Where connections are made to emstmg storm sewer, show computations of existing system when avadable HGL will be calculated from the outfall to the connection point mdudmg the designed flows of the added on system r-'l Indicate flow line elevations of storm sewers on profile, show pipe slope (percent grade) [] Intersect laterals at 45 degrees or less with trunk line [] Show details of all/unction boxes, headwalls, storm sewers, flumes, and manholes, when more than one pipe intersects the drainage faeihty or any other item not a standard detatl [] Bends in pipe may be used No bend at one location may exceed 45 degrees [] Bends greater than 45 degrees require a manhole or luncnon box I-'l Manhole or/unction box is required at all pipe size changes and grade changes [-I Manhole or lunetion box is reqmred at all locations where pickup points revolve two laterals or inlets &schargmg into the storm sewer trunk line UI Provide manholes at minimum spacing specified m Dr~unage Design Criteria and at the upstream end of the storm drmn system [] Profile outfall with typical flat bottom section [] Show all hydraulics, velocity head changes, gra&ents, and computations [] Show water surface at outfall of storm dratn I-'l Onalldead-endstreetsandalleys, show grade out to "dayhght~fordramageontheprofdesandprovideerosioncontrol Show typical section and slope of "daylight" drainage [] At sags in pavement, provide a posture overflow swale and easement to act as a safety path for fmlure of the storm dra~n system Minimum finished floor elevations will be shown on the plat to protect bmldmg ag~unst floo&ng should the positive overflow be used [] Where quantities of runoff are shown on plans or profiles, indicate storm frequency design I"1 Provide sections for road, railroad and other &tches with profiles and hydraulic computations Show design water surface on profile D. PAVING I--IIProvide six (6) inch curb on alleys parallel to creek or channel on creek side of alley I-I For a proposed driveway turnout, curb return P T must be 12 feet upstream from any existing or proposed inlet I-'1 Check the need for curbing at all alley turns and "T" intersections Flatten grades ahead of turns and intersections [] Where inlets are placed in an alley, provide curbing for 10 feet on each stde of combination inlet Prolect Name Case no Reviewed by Date ~,o=~¥da,,~ z/;000 Page 6 of 11 3. 5 Final Plat or Amending Plat / Replat Checklist E LATERALS Show laterals off trunk profile wtth stattons Provtde lateral profiles for laterals exceeding forty-five (45) feet tn length Profile short laterals that pass over a samtary sewer or other profiled utility [-I Where laterals tie into trunk hnes, place at 45 degree or less angles wnh cemerhnes Connect them so that the longitudinal Calculate hydranhc grade hne for laterals and inlets to insure cullecuon of storm water Check 1 5V2/2g, using trunk hne velomty on laterals less than 80-feet long Final the H G at the gutter or inlet hp by adding the 1 5 V:/2g to the hydrauhc gradtent of the trunk hne at the lateral connecuon For all mlets, provide H G L and hydraubc data on profile for all profiled laterals Laterals longer than etghty (80) feet require spectal analysts VI All inlets shall have a mtmmum eighteen tach (18") laterals F INLETS AND INTAKES Fl Provtde inlets where street capacity is exceeded Provide inlets where runoff from alley causes the capacity of the intersecting street to be exceeded Indicate runoff concentrating at all inlets and &recuon of flow Show runoff for all stub outs, ptpes and mtakes On plan vtew, red, cate stze of inlet, lateral size, flow hne, top of curb elevattons, paving statton, and ~nlet destgnatton number Use standard curb inlets m resident~al streets Use recessed tnlets m &vtded streets, minor and major thoroughfares Use of grate inlets is not allowed without prior consent of the Drmnage Engineer Only tn very rare cases wdl grate mlets be allowed [] Use type "Y" or special ~Y" inlets in ditches or swales No "Glory Holes" allowed as retake for a storm sewer or at a culvert A three (3) foot concrete apron shall be constructed around inlets G DETENTION OR RETENTION POND (I/~en required by the Subchws~on Regulations) Provide drainage area map and show all computations for runoff affecting the detention basm FI Provtde a plot plan with extstmg and proposed contours for the detenuon basin and plan for structural measures Where earth embankment is proposed for ~mpoundment, furmsh a typical embankment sectton, and speoficattons for fdl include profile for the structural outflow structure and geotechmcal report Provtde structural details and calculauons for any item not a standard detad Provtde detention basm volume calculations and elevauon versus storage curve [] Provtde hydrauhc ealculauons for outflow structure and elevauon versus dtscharge curve Provtde routings or modified rauonal determtnauon of storage requirements, demonstrattng that crmcal durauon ts used (permttted for areas of 1000 acres or less) [] Provide computation sheet 10 1 from Dr~unage Criteria Destgn for all proposed detenuon and retention ponds Fencing may be reqmred around detention area H BRIDGES [] Clear the lowest member of the bridge by 1 feet above the design water surface, unless otherwise &retted by the Drmnage Department [] Show geotechmcal soft bonng tnformauon on plans [] Show bridge sections upstream and downstream Provtde hydraulic calculanons on all sections [] Provide structural detmls and calculatmns wtth dead load deflectmn diagram Provtde vemcal and honzomal altgnment [] Show soft eroston protecuon measures and concrete rip-rap Prolect Name Case no Rewewed by Date Form Updat~l 7/~000 Page 7 of 11 1 6 · Final Plat or Amen&ng Plat / Replat Checklist GRADING PI~.N Provide grading plan that shows proposed contours and/or elevations that address lot to lot drainage Show how offsite runoff onto the development and discharge off the development is accommodated by the grading plan Provide cross section of typical swale, berm, channel, etc as a component of gra&ng plan Where reclamation of the lO0-year floodplain is involved provide a note on grading plan that states Upon completion of public improvements, submission of all documents necessary to obtain a Letter of Map Revision (LC)MR) from FEMA shall be submnted to the City of Denton The LOMR will then be reviewed, approved, and sent to FEMA prior to acceptance of the subdtvmon TheLOMRlsnecessarytoremoveanylotwithmthefloodphunfromtheFloodInsuranceRateMap Allchanges or ad&uonal data, as requested by FEMA upon its rewew of the LOMR, are the responsibility of the owner and/or developer CHANNELS Provide typical section for channel improvements Include a section where the channel changes in its dimensions or configuration Provide plan and profde showing ex~stmg contours and proposed centerhne, top of-bank, flowhne elevations, stationing and 100- year water surface elevation Provide hydraulic calculations on all sections [-I Provide structural det~ls for channel section that involves concrete, gabions, paving material, etc ~-I Show soil erosion protection measures and concrete rip-rap Procedures for Flood Plain Studies and Alterations Fdl and alteration of floodplains, which is not ur~reasonable damaging to the environment, is permitted where it ~ not create other flood problems The following are the engineering critena for such requests 1 FEMA Submittal Developments which impact designated Federal Emergency Management Agency (F~EMA) flood pl~uns m the City of Denton will be reqtured to submit the minimum data which shall be sent to FEMA for condtuonal approval of the proposedprolect The con&tional Letter of Map Revision (CLOMR) shall be submnted to the City of Denton prior to approval of any preliminary plat Approval of (CLOIvlR) from FEMA wdl be required prior to acceptance of a final plat a. A written descnpuon of the scope of the proposed project and the methodology used to analyze the project's effects b Hydraulic backwater models of the 10, 50, 100, and 500 year flood for the following 1 Duphcate of the effective Flood Insurance Study (FIS) model 2 Erastmgcon&tions(effectiveFISmodehndu&ngcross-sectionsthroughtheprojectsite All cross-sections should reflect con&t~ons prior to construction of the project) 3 Proposed con&irons (existing cond~tions model reflecting the proposed prolect) c Floodway hydraulic backwater models of the following 1 Duplicate effective 2 Erastntg Con&irons Prolect Name Case no Reviewed by Date ro.~ upa~,a 7/2000 Page 8 of 1 1 1 7 Final Plat or Amending Plat / Replat Checkltst Proposed Conditions 1 A copy of the Flood Insurance Rate Map with the project area indicated 2 Topographic mapping of the emire area covered by the proposed con&tion model, ln&caung the locatiom of all cross-sections used in the hydraulic model and delineating the proposed 100-year flood plain boundary 3 Topographic mapping of the emire areacovered bythe proposed con&uuns model,m&catmgthelocations of all cross-sections used m the hydraulic model and dehneatmg The proposed 100 and 500 year floodplain boundaries b The proposed floodway boundary 4 Certd~cataon that the project meets the requirements of the 44 CFR 60 3 (d) (2) Upon completion of the proposed project, "as-built~ and final LOMR plans certified by a registered professmnal engineer should be submitted to the City of Denton for review and subsequent transmittal to FEMA FFlVL~, requtres that m&vidual legal notices be scm toall affected property owners when developments (cut or f, ll) occurs in the regulatory floodway that would cause any nsc m the 100 year FIS water surface elevation Pubhe notice in the official community newspaper is required for proposed mo&fications to the regulatory floodway In all of the above hydrauhc models, the following rules will apply The hydrauhc parameters, such as bridge loss coefficients, "n~ values, etc, usedin the effective FIS models will only be changed where obvious errors or changes have taken place and must be documented b The computed water surface elevation profiles have to converge with the existing profiles c The information should be shown on a map of suitable scale and typographic definition to provide reasonable accuracy d All hems should be labeled for easy eross-refarencmg to the hydraulic model and summary data FEMA may have questiuns regardmg the project The engmeer must address all of FEMA's comments It is not ant~clpated, butd revisions to the development are required by FEMA, the developer will be responsible to do so Flood studies for creeks not defined on FIRM and design for bridges, culverts and channels Hydrauhc data should be submitted to t he Engmeenng Department~ preferably using the Corps HEC-2 program to compute the channel's water surface elevatton The data should be submitted on floppy &sk and in a bound report using the following criteria 1 Study to be based on the 100-year fully developed watershed, based upon the 100-year rainfall event 2 Floodways serving drainage areas larger than one (1) square mile tn area and which are st,Il functtonmgl~nmarfly m a natural and adequate state shall not be altered or lml~roved to provide for the drainage needs of a development, unless there is no other reasonable means or method to provide for such drainage 3 Mo&fled existing condition backwater model - this model should include pre-development cross-sections through the project side obtained from field surveys or updated topographic information 4 Proposed condition reflecting the development's impact on the flood plain area 5 Water surface elevation and velocity summary tables tabulating the results of the above analysis 6 Topographic map at a suitable scale with cross-sections, existing and proposed 100-year fully developed flood plain delineated, and the area being developed shown 7 Documentatmn from the Corps of Engineers determining d a 404 permit is reqmred for the project Pro~ect Name Case no Reviewed by Date Form Updated 7/2000Page 9 of 1 11 8. Ftnal Plat or Amending Plat / Replat Checkhst Flood Plain Reclamation-Engineering Criteria 1 Water Surface J~levanon Alterations of the flood pl0an shall result m no increase m the 100-year fully developed watershed water surface elevation on other properties No alteration of the flood pl0an wdl be permitted which could result m any degree of increased floochng to other properties, adlaeent, upstream, or downstream 2 Stream Velocity Alterations of the flood plato shall not create an erosive water velocity on or off-site The mean velocity of stream flow at the site af~ter f'dl shall be no greater than the mean velocity of the stream flow trader emstmgconchtions No alteration to the flood plato will be permitted which could mc~ase velocities of flood waters to the extent that the significant erosion of flood plmn sods will occur either on the sublect property or on other properties up or downstream Staff's determination of what constitutes an "erosive'' velocity wdl be based on analysis of the surf0t, e matenal and permtss~ble veloc~ues for specific cross-sectmns affected by the proposed alteration, using standard engmeenng tables as a general grade And as established by Drainage destgn criteria 3 Conveyance Alteratmns of the flood phun shall be permttted only to the extent permitted by equal conveyance on both sides of the natural chanuel Staff's calculauon of the impact of the proposed alteration wdl be based on the "eqtml conveyance' principle m order to insure eqtutable treatment for all property owners Under equal conveyance, if the City allows a change m the flood carrying capactty (capacity to carry a particular volume of water per unit of time) on one side of the creek due to a proposed alteration of the flood plain, ~t must also allow an equal change to the owner on the other side The combined change m flood carrying capacity, due to the proposed alteration, plus corresponding alteration to the other s~de of the creek, may not cause etther an increase m flood elevation or an erosive velocity, or violate the other criteria Toe of Fill Alignment' The toe of any fill sloe shall parallel the natural channel to prevent an unbalancang of the stream flow tn the altered flood piton Side Slopes To insure mammum accessibdity to the flood plato for m0antenance and other purposes, and to lessen the probabdity of slope eroston durmgperiods of high water, maxtmum slopes of fdled area shall usually not excecd 4 feet horizontal to 1 foot verttcal Grass cover ~s reqmred for all cut andfdlslopes4 lorflatter Concreterip.raporanapprovedequalerosionprotect~onmeasttreisreqmredon slopes steeper than 3'1 Vertical walls, terramng and other slope treatments wdl be considered only as (a) part of a landscaping plan submtssion, and (b) tf no unbalancing of stream flow results Vegetation/Landscaping: Engmeenng plan submission shall include plans for (a) erosion control of cut and ftll slopes, (b) restoratton of excavated areas, and (c) tree protectton where possible m and below fill areas Landscaping should mcorporase natural materials (earth, stone, and wood) on cut or f'dl slopes wherever possible Apphcant shall show m the plan the geueral nature and extent of ernst mg veget ation on the tract, the locatton of trees 6-tach and larger tn dtameter, the areas whtch wdl be preserved, altered, or removed as a result of the proposed alterattons Locations and constructton detads should be provided, showing how trees will be preserved m areas whtch wdl be altered by filhng or paving wtthm the drip hne of those trees Apphcant should also submtt plans showmglocatton, type, and s~ze of new plant materials and other landscape features planned for altered flood plato areas Prolect Name Case no Reviewed by Date Fo~mUva~a 7/~000 Page 10 of 11 1 9 · Fmal Plat or Amending Plat / Replat Checkhst Street Signs The City of Denton erects all street signs within the pubhc right of way The developer wdl be bdled prior to final project acceptance for the necessary street signs within any subdivision Street Lighting Apphcant shall contact Denton Mumcipal Utihties for all street hghtmgissues All street hghting lasues must be finalized prior to the acceptance of the subdivision This mdudes any payment if applicable Texas Department of TransportatIon (TxDot) Permits A TxDot Permit is required for all pubhc improvements that are proposed m TxDot Right of Way As TxDot permission may affect street layout, please be aware that no final plat will be approved until a TxDot permit Is approved for street locations All other TxDot permits must be apphed for and reemved prior to commencing work on site TxDot permits must be submitted through the City's right of way division for approval Please contact the right of way division if a permit is required 1 ) Submit four sets of plans on 11" x 17" for the area where activities are proposed within the TxDOT right of-way plan, profile and details TxDOT or City of Denton right of way shall be clearly shown and labeled as such 2 ) Include all necessary details and dimensions for work proposed within the right of way, bore pits, receiving pits, edge of pavement, borrow ditch sections, ere 3 ) A traffic control plan must be mduded Traffic Control Plan must comply with the most recent edition of the Texas Manual of Umform Traffic Control Design and be sealed by a Professional Engineer 4 ) Provide a brief written summary of the proposed work Include the linear footage, type and size of all proposed utility construction or installation If constructing manholes, include the type and size 5 ) Approval letter from the Texas Department of Licensing and Regulation for all sidewalks or other pedesman routes within the right of. way Railroad Pernuts The applicant is responsible for obtaining all right of-way permits for entry and use of railroad property The contractor is the solely responsibility to submit the paperwork for & obtain the "Contractor's Right-of-Entry" permit, when it comes to Railroad crossings This "Contractor's Right-of-Entry" permit is in addition to permits obtained for perpetual use of the right-of-way for utility purposes Prolect Name Case no Reviewed by Date i o~m UpO~,~d ?/:~Page 11 of 112 0. PROIECT PLAN CHECKLIST Date Fmlure of apphcant to provide requtred lnformatmn ts grounds for refusal of application acceptance for processing, or staff recommendation of dental when apphcatlon Is scheduled for consideration Please note that this checklist is intended to assist developers and design professionals in the preparation of submittals for DRC review and are generally what is needed to facihtate the review of the project plan Under special clrcumst ances, addtuonal items may be required through the Development Review Committee process prior to approval [-I All of the information contained in a zoning plan which will be for information purposes only AIl amenmes and design features for which a density increase has been approved or con&tionally approved In the zoning plan [] Street names and locations of all existing and proposed strcets within or on the boundary of the proposed development, right of way, pavement widths, sidewalks, and bikeways [] Lot layout with dimensions for all lot lines and lot area [] Location arid use of all proposed and eyastmg bml&ngs, driveways, fences, and structures within the proposed development Indicate which buildings are to remain and which are to be removed l-I Density and area calculations [] The total area in the development [] The nuntber of dwelhng umts m the development (include mult~ family units by the number of bedrooms In each umt, e g, ten (10) one bedroom, 25 two bedroom, etc ) [] Area and percentage of the total project area coverage by UI Structures I'-I Landscaping I-I Streets, roads, alleys I-I Parlung areas I-I Sidewalks [] The total area covered by tree canopy at maturity of the trees r-I Recreation areas [] Location and size of all exlstmg and proposed pubhc utd~ttes In and adjacent to the proposed development with the locations shown of [] Water lines and diameters [] Storm drams and catch basins [] Sewers, manholes and deanouts [] Flrehydrants [] Location and size of all public utility easements [] Location, size access and screening of all dumpsters [] Location, slze and use of contemplated and evastmg public areas within the proposed development [] A topographic map of the site at a two foot contour interval [] Location of all parking areas and all parking spaces, ingress and egress on the site, and on site circulation [] Use designations for all areas not covered by bml&ngs, parking or landscaping [] Locations of all significant landscape features mdu&ng, but not hmited to, any eyastmg healthy trees of a cahber greater than six (6) inches, generally forested areas, and creeks, wetlands, 100 year floodpl~uns, or pond existing on the site In&cate any planned m~ttgation to changes of a natural feature [] A landscape plan showing in det~ul the location, type, and size of the proposed landscaping and plantings [] The elevations, surface area m sq fi, illumination type, height, and construction (material and style), and locations of all proposed s~gns for the development [] The typical architecture devauons for all multvfamdy buildings proposed on the property All project plans shall indicate the material, texture, windows, doors, and other design features of proposed structures, lndu&ng all visible mechanical equipment, such as heating and cooling Elevations shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater [] Any other information deemed necessary to analyze the project Project Name Case no Rewewed by Date Page 1 of 4 21. PROJECT PLAN CHECKLIST Date Normally, use 1" - 200' scale for on-site, and 1" - 400' for off-site Show match lines between any two (2) or more maps [-I Show existing and proposed storm drains and inlets with designations Indicate sub-areas for alley, street, and off-site areas Use design criteria as shown in design manual [] Indicate zoning for each drainage area [] Showpointsofconcentrauonandtheirdes~gnations Provideatableateachdischargepomtofl0-andl00-yeardischargefor existing and proposed development of the site Indicate how offsite dr~unage is to be handled [] Indicate runoff at all inlets, dead end streets and alleys, or to and from adjacent additions or acreage [] Provide runoff ealculauons for all areas showing acreage, runoff coefficient, and inlet time (Q - CIA Table) [] For cumulative runoff, show calculations [] Indicate all crests, sags, and street and alley intersections with flow arrows [] Identify direction of north to top page or to the left [] Other Items to be included [] LabelandshowanyFEMA10O-yearfloodplainandfloodwayontheplan Label and show centerhne of any stream, creek, swale, etc [] Label and show any Environmemally Sensitive Area on the plan [] Flowarrowsshallbeshownonplanmdieaungthegeneraldirectionofmnoff Includearrowsforanyoffsitedrainageontothe property [] Project plan shall show the outfall location of any detention pond and any other outfall on the project [] Add a note that states Discharge from any detemion pond outfall or storm drain outfall may require an offsite drainage easement to accommodate the flow If an offsite drainage easement Is reqmred, a study shall be made of the off site property to determine the size of the drmnage easement to accommodate the flow I-I Add note oo Prolect Plan that states Acceptance of the drainage features identified on the Project Plan are subject to change during the preliminary plat, or final plat process and do not consmme subsequent approval of same The City reserves the right to require additional data or studies to ensure compliance with C~ty of Denton Subdivision and Land Regulations, Drainage Design Criteria and Comprehensive Master Drainage Plan The items listed in the checklist are generally what ts needed to facilitate the review of the zoning plan Under special circumstances, additional items may be required through the Development Review Committee process prior to approval by the drainage department [] TraffmlmpactAnalysis(TIA) Submitthiswiththezonmgexhtbit IfaTIAlsnotwarranted,(seeapphcabflitysectionbelow) send written correspondence, or demonstrate with traffic counts on the zoning exhibit that indicate that the traffic impact does not meet the mimmum reqmremems If the TIA was submitted prior to the submission of the zomng exhibits, please indicate in any accompanying correspondence Please see the attached TIA section The TIA requirements outlined m this document are intended to inform the applicant of the City's expectations, to provide standard criteria for conducting a TIA, to expedite the review of the TIA report, and to estabhsh a schedule of onsite, perimeter, and offsite lmptovemems that wdl be provided by the development with respect to project phasing The scope of lmprovemem required include but are not hmited to preventing exisung and proposed facilities from falhng below Level of Servme C, providing the necessary pavement infrastructure to support the increase in vehicles, and to address safety concerns that may be posed with the The TIA is a function codified by through city ordinance to consider the impacts of traffic that may be generated by any development, where public improvements necessary to support such an impact are above and beyond the required onsite and perimeter improvements established m the subdivision regulations Project Name Case no Reviewed by Date Page 2 of 4 22 PROJECT PLAN CHECKLIST Date Apphcabflity of TIA A TIA is required for land developments that are expected to generate a threshold level of 1,000 trips per day, or more, or are expected to genei-ate 100 tr~ps per peak hour impact as determined by the Caty's Engineering and Transportation Department The City reserves the right to reqmre a TIA for land developments that do not meet the aforementioned threshold requirements, but that may impact a sensitive area or issue or may be a known pubhc concern Methodology of TIA Prior to initiating work on a TIA, the study applicant or applicant's representatives (hereafter referred to a"preparer") shall meet with Caty staffto &scuss the Caty's expectations with regard to completing a TIA for each specific project It Is the respons~bdny of the applicant to demonstrate that a traffic impact analysis is not required Specific areas that will be &scussed at this meeting as being necessary to the completion of a TIA will include but may not be limited to the following items 1 Study Area Study area limits will typically include all sate access drives, ad/acem roadways, adlacent major intersections, and the first signalized lntersectmn in each direction from the site up to a distance determined at this meeting 2 Traffic Data The locations of all required traffic counts as well as other traffic needs (sight distance measurements, parkmg turnover and usage, lengths of queues, etc ) wlll be determmed Available data from the City that is apphcable to the project will be provided to the applicant 3 Trip Generatmn Trip generation for the site will be determined using trip rates developed by International Transportation Engineer's (ITE) and summarized in its most recent publication of its Trip Generation Handbook 4 AnalysisPenod Thetimepenodtobeanalyzedwdlbedetermmedatthismeetmg AM peak hour, PMpeak hour, 24-hour period, or a combination of the three 5 Build out and Phasing The prolected bmld-out date and any site phasing will be discussed Typically, the City will want to see the impact of each phase On a cumulative manner) on the adjacent street system An annual growth rate will be selected for the preparer to apply to the existing/background traffic volumes 6 Traffic Impact The preparer will conduct a capacaty analysis of all streets, driveway mtersections, and Caty street intersections that wece identified m the study area hmats The analysis wdl address both the existing condmons and the proposed conditions with an evaluation of the net change The analysis tool shall produce results compatible wnh the methodology developed by the Transportation Research Board and its most current pubhcatmn of the Highway Capacity Manual If the site is being constructed in a phased manner over several years, the City may reqmre that the analysis be conducted for each phase of development 7 Mitigation Measures Areas of significant impact on traffic flow and/or on the safety of traffic operations should be evaluated to ascertain transportation related improvements to matigate the amount of impact produced by the proposed land development The goal of the City is to maintain traffic operations during the peak periods of traffic operations that do not exceed a level of service "D~ Where such con&uons already ex~st the preparer should develop mitigation measures that will mamt~un the status quo for that particular situation Project Name Case no Reviewed by Date Page 3 of 4 2 3 · PROJECT PLAN CHECKLIST Date TIA Report A detaded report wdl be prepared for review by the apphcant At the lnmal meeting the time frame required for completion and Staff review will be determined Specific areas to be addressed m the TIA study report include the following Items 1 Site Development A description of the site will be required to Include size, number of units, location of site, and type of land use (existing and proposed) An exhibit displaying the site should be included 2 Key Map If the study area will include more than two Intersections or street segments to study and evaluate, a key map will be prepared to ldantl~ each location The ldenuficatlon numbers used in the key map will be referenced throughout the report when dlscussmg each study location 3 Existing Conchuons A summary of the existing area conduttons wdl be required to include traffic volumes (24 hour volumes and peak hour turning movement volumes), types and classifications of the adlacent streets and highways, area speed limits, area traffic controls, and any other data that the preparer believes to be pertinent to the study 4 Trip Generation A tabular summary of the trip generation potential for the proposed land development will be prepared (for both existing and proposed land uses if applicable) 5 Trip Distribution Exhibits will be Included in the report that depict the inbound and outbound mp patterns (m a percentage format) on the streets and highways approaching the site Exhibits will also be prepared that depict the traffic vulttmes and turning movements on the streets, driveway intersections, and street mterseetions that were identified as making up the study area hmlts These exhibits wdl be prepared to show both the site traffic only and the total traffic (existing/background traffic plus annual growth plus site traffic ) 6 Capacity Analysis A tabular summary of the capacity analysis results will be required The table(s) should include the results with regard to the existing conditions, the proposed conditions, and the net change 7 Matlgauon Measures As a mlmmum, an exhibit &splaying all mitigation measures in a schematic format will be required For unique concepts that are not easily described, detmled exhibits shall be prepared The preparer shall also provide appropriate chmenslons for storage lanes and estimated construction costs for all mitigation measures Ad&tional Applicant Responsibility City regulations regar&ng driveways and parking lots and their application to land developmem are contained m Chapter 34-115 and its associated appendices of the City's publication entitled Subdtmsmn and Land Development Regulations The completion of a TIA report in accordance with the requirements described In this document does not relieve the applicant from the responsibility of insuring that the proposedland development meets all other apphcable City regulations and or&nances Project Name Case no Reviewed by Date Page 4 of 4 2 4. ZONING PLAN CHECKLIST Date Fadure of apphcant to provide required information constitutes grounds for refusal of apphcatlon acceptance for processing, or staff recommendation of denial when application Is scheduled for consIderation. Please note that this checklist ts intended to assist developers and design professmnals tn the preparataon of submittals for DRC revtew and are generally what ts needed to facthtate the revtew of the zomng plan Under spect al clrcumst ances, adcht~onal ttems may be reqmred through the Development Review Commtttee process prior to approval F-I Project name, vicinity map, scale, north arrow and date [-I A general layout of the developmem, showing the general configuratmn and location of proposed land uses for the property to be developed for residenttal land use and any conttguous property m umried ownershap [-I A computatmn of resldemial densaty for each type of restdenttal use, consastent wath the standards set m Ord 2000 046 [] Any reservations or dedications proposed [] Locatton of all Environmentally Sensitave Areas, including any field mspecuon mformauon that provides more detad for clarlficatton purposes, and an red,cation of any planned mtttgatmn to changes to natural features [] All open space to he preserved, together wath antended denstty transfers, consistent wtth standards set forth in Ord 2000-046 [] All recreatmn facdmes proposed, coosastent wath standards set forth m Ord 2000 046 [] In the case of single family and two famdy development, the proposed range of lot stzes and the numbers of lots wxthm each proposed category [] A summary of proposed destgn elements, if any [] An assessment of pubhc facflmes, demonstrating the adequacy of or provtston for pubhc £acdmes serving the proposed development [] Proposed compatabdity measures to be mcorporated into the project desagn, including adjacent densaty, bmldmg matertal, garage standards, or buffering and screening from adjacent areas [] Zomng designatmns adjacent to the proposed development [] The proposed method, connectmn, provider, and locatmn of [] The proposed water system [] The proposed wastewater system [] The proposed method of drainage of the property I-I The proposed method of eros:on and sedimentation control F-I Locatton of drainage ways, envtronmental buffer zones, or pubhc uuhty easements tn and adjacent to the proposed development [-I Locauon and stze of emstmg utdmes along or wtthtn any easement [] Ltm~ts of the 100 year floodplain and floodway [] A Traffm Impact Analysas shall be reqmred for any proposed site developmem t hat can be reasonably expected to generate more than 1,000 vehicle trap ends during a smgle day and/or more than 100 vehtcle trap ends dunng a single hour (see Spec~hc Traffice Reqmrements on following pages) [] Drainage Study (see Specific Drainage Reqmrements on following pages) [] Water and wastewater demand/loading calculattons [] Location of emstmg uulmes and easements tn and adjacent to the proposed development [] Any other mformauon deemed necessary by the Dtrector to analyze the project Project Name Case no Revtewed by Date Form Updated 7/2000 Page 1 of 4 25 ZONING PLAN CHECKLIST Date Label and show any FEMA 100-year floodplain and floodway on the plan Label and show centerhne of any stream, creek, swale, etc Label and show any Environmentally Sensitive Area on the plan Provide a table for each discharge point of the 10 and 100 year discharge for exlstmg and proposed development of the site Indicate how offstte drainage is to be handled Zoning plan shall show the outfall location of any detention pond and any other outfall on the project [] Add standard note that states Discharge from any detention pond outfall or storm drmn outfall may reqmre an offslte drainage easement to accommodate the flow If an offsite drainage easement ts reqmred, a study shall be made of the off site property to determine the size of the drainage easement to accommodate the flow [] Add standard note that states Acceptance of the drainage features identified on the Zoning Plan are subject to change during the prulect plan~ prehmmary plat, or final plat process and do nm constitute subsequem approval of same The City reserves the right to require additional data or studies to ensure compliance with City of Demon Subdivision and Land Regulations, Drmnage Design Criteria and Comprehensive Master Drainage Plan TrafflclmpactAnalysis(TIA) Submltthiswiththezonmgexhibn IfaTIAtsnotwarranted,(seeapphcabd~tysectionbelow) send written correspondence, or demonstrate with traffic counts on the zoning exhibit that indicate that the traffic impact does not meet the mimmum requtremems If the TIA was submitted prior to the submission of the zonmg exhibits, please indicate in any accompanying correspondence Please see the attached TIA section The TIA requirements outlined in this document are intended to inform the applicant of the City's expectations, to provide standard criteria for conducting a TIA, to expechte the review of the TIA report, and to establish a schedule of onme, perimeter, and offsite improvements that wdl be provided by the development with respect to project phasing The scope of improvement required include but are not limited to preventing exasting and proposed faclbtles from failing below Level of Service C, providing the necessary pavement infrastructure to support the increase in vehmles, and to address safety concerns that may be posed w~th the increase in traffic The TIA is a function codified by through city ordinance to consider the impacts of traffic that may be generated by any development, where public improvements necessary to support such an impact are above and beyond the required onslte and perimeter tmprovements established in the subdlvlsmn regulations Applicability of TIA A TIA is required for land devdopments that are expected to generate a threshold level of 1,000 trips per day, or more, or are expected to generate 100 trips per peak hour impact as determined by the City's Engmeenng and Transportation Department The City reserves the right to require a TIA for land developments that do not meet the aforementioned threshold requirements, but that may impact a sensitive area or issue or may be a known public concern Project Name ( ase no Reviewed by Date Form [lpdated 7/2000 Page2 of 4 26. ZONING PLAN CHECKLIST Date Methodology of TIA Prior to ~muatmg work on a TIA, the study applicant or applicant's representauves (hereafter referred to a"preparer") shall meet with C~ty stafft9 chscuss the C~ty's expectations with regard to completing a TIA for each specdlc project It is the responstbdtty of the applicant to ~emonstrate that a traffic impact analys~s is not required Specific areas that w~ll be discussed at this meeting as being necessary to the completion of a TIA will include but may not be fruited to the following items 1 Study Area' Study arealimits will typically include all site access drives, adlacent roadways, adlacent malur intersections, and the first stggahzed intersection m each direction from the site up to a distance determined at this meeting 2 Traffic Data The locauons of all reqmred traffic counts as well as other traffic needs (sight distance measurements, parking turnover and usage, lengths of queues, etc ) will be determined Available data from the City that ~s apphcable to the project will be prowded to the apphcant 3 Trip Generation Trip generation for the site will be determined using trip rates developed by Internatmnal Transportation Engineer's (ITE) and summarized in its most recent pubhcauon of its Trip Generation Handbook 4 Analysis Period The time period to be analyzed will be determined at this meeting AM peak hour, PM peak hour, 24-hour period, or a~combmation of the three 5 BuddoutandPhasmg Theprolectedbmldoutdateandanysttephasmgwdlbedlscussed Typically, theCltywdlwanttosee the impact of each phase (ma cumulative manner) on the adjacent street system An annual growth rate wtllbe selected for the preparer to apply to the eyastmg/background traffic volumes 6 Traffic Impact The preparer will conduct a capacity analysis of all streets, driveway mtersecuons, and City street intersections that were ldentdied m the study area hmits The analysis wdl address both the existing conchtmns and the proposed condmons with an evaluation of the net change The analysis tool shall produce resuhs compauble with the methodology developed by the Transportation Research Board and its most current publication of the Highway Capacity Manual If the site ~s being constructed in a phased manner over several years, the City may require that the analysis be conducted for each phase of development 7 Mlugauon Measures Areas of s~gnificant xmpact on traffic flow and/or on the safety of traffic operations should be evaluated to ascertam~transportation related improvements to mmgate the amount of ~mpact produced by the proposed land development The goal of the City is to m~untam traffic operations during the peak periods of traffic operations that do not exceed a level of service "D' Wtlere such concht~ons already ernst the preparer should develop mlugatmn measures that wdl m~untmn the status quo for that particular situatmn Project Name Case no Rewewed by Date Page 3 of 4 2 7 ZONING PLAN CHECKLIST Date TIA Report A detaded report wdl be prepared for review by the apphcant At the inmal meeting the ume frame reqmred for completion and Staff r~wlew will be determined Specific areas to be addressed m the TIA study report include the following items 1 SlteDevelopment Adescnpti~n~fthesItewt~bereqmredt~mdudesIze~number~fumts~catI~n~fsIte~andtype~f~and use (existing and proposed) An exhibit displaying the site should be Included 2 KeyMap ~fthestudyareaw~hnc~udem~rethantw~mtersecti~ns~rstreetsegmentst~smdyandevaluate~akeymaPw~be prepared to identify each location The identification numbers used ~n the key map wdl be referenced throughout the report when discussing each study location 3 Existing Conditions A summary of the emsung area con&tions will be required to include traffic volumes (24-hour volumes and peak hour turning movement volumes), types and classifications of the adlacent streets and highways, area speed limits, area traffic controls, and any other data that the preparer believes to be pertinent to the study 4 Trip Generation A tabular summary of the trip generation potential for the proposedland development will be prepared (for both existing and proposed land uses if applicable) 5 Trip Distribution Exhibits will be included m the report that depict the inbound and outbound mp patterns (ma percentage format) on the streets and highways approaching the site Exhibits will also be prepared that depict the traffic volumes and turning movements on the streets, driveway intersections, and street intersections that were identified as making up the study area hm~ts These exhibits wdl be preparedto show both the slte traffic only and the total traffic (existing/background traffic plus annual growth plus site traffic ) 6 Gapacity Analysis A tabular summary of the capacity analysis results will be required The table(s) should include the results with regard to the existing conditions, the proposed condmons, and the net change 7 Mitigation Measures As a minimum, an exhibit displaying all mitigation measures m a schematic format will be required For umque concepts that are not easdy described, detailed exhibits shall be prepared The preparer shall also provide appropriate chmensions for storage lanes and estimated construction costs for all mitigation measures Additional Apphcant Responsibdlty City regulations regarchng driveways and parkmglots and their application to land development are contained in Chapter 34-115 and its associated appendices of the City's publication emltled Subdivision and Land Development Regulations The completion of a TIA report In accordance with the requirements described in this document does not relieve the applicant from the responsibility of insuring that the proposed land development meets all other applicable City regulations and ordinances Prolect Name Case no Reviewed by Date Page4 of 4 28. Agenda NO ~? 0 "0 ~ ~-- _ Agenda ~tem AGENDA INFORMATION SHEET AGENDA DATE: July 25th, 2000 DEPARTMENT: Planning & Development ~epartment CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Receive d~rect~on from Councd regarding the proposed date for the Development Code Review Session BACKGROUND At the June 22nd, 2000 C~ty Council workshop, staff was directed to schedule a day-long meeting for Council to revtew the draft Development Code, after the remew by the Development Code Committee and prior to release for pubhe review At the Councd meeting w~th John Fregonese on July 14th, 2000 the Council members present agreed that a meeting date of August 14th or 15th was appropriate OPTIONS 1 D~rect staff to move forward as recommended 2 D~reet staff to proceed with other options RECOMMENDATION Staff recommends that Councd set etther August 14th or 15th for an all-day worksesston to rewew the draft Development Code prior to release for pubhc remew and comment ESTIMATED PROJECT SCHEDULE The Development Code Committee ts scheduled to complete their revtew by August 24th, 2000 PRIOR ACTION/REVIEW June 22nd, 2000 worksesslon when Cotmcll tnstructed staff to prepare a schedule FISCAL INFORMATION In August 1999, the c~ty contracted wtth Fregonese Calthorpe Assocmtes for $262,575 to include services related to the new development code ATTACHMENTS 1 Development Code Schedule Respectfully submitted Director of Planmng & Development DEVELOPHENT CODE PUBLIC REVIEW SCHEDULE DRAFT 7-Zl-ZO00 Page 1 DRC BENCHMARKING SURVEY In a conbnmng effort to ~mprove the DRC process, a telephone survey was conducted recently to benchmark our process w~th five local communities The commumbes contacted were, Lew~swlle, Flowermound, Piano, Allen and McK~nney Although each of the communlbes have review process somewhat s~m~lar to Denton, there are some d~fferences The major d~fferences included, · Apphcants not always attending DRC meebngs, · If checkhst were used, they were typically available on a web s~te · Plat apphcat~ons followe~ng a strict bme hne and being taken forward to P&Z w~th condit~ons of approval or recommendations for demal ~f revisions were not sat~sfactorly addresses ~n a bmely manor As a result of the survey, the new checkhsts and process flow charts, that have recently been developed, along w~th apphcatlons, our being added to the C~ty of Denton's web s~te Below are the results of the survey Lewlsvllle's DRC process, · "Plans co-coordinator" rewews plans and coordinates comments · 15 days to rewew Ist submittal, 10 days to rewew subsequent submittal (Average of 3 submittals) Written comments (all comments are wntten on the plans) are forwarded to the applicant) · S~te Plans are rejected ~n an lncomplete application ~s submitted, but/ncomplete plat applications are forwarded for rewew · DRC meets once a week, typlcally only for conceptual (s/m~lar to ourpre-des/gn meeting) and/or un/que or blg projects · Checklist are available (requirements/check//sts) on the Intemet (www c~tyoflew~swlle corn ) · Slte plans are staffrewewed - then go to c~ty council · Plans must be 100% 2 weeks pnor to P&Z (P&Z meets once a month) Flower Mound's DRC process, · Eng F~re, Park, & Planning at DRC · 2 DRC meebngs 1st mtg (just staff) Comments forwarded to applicant - revls/ons submitted for 2nd meeting The 2~a meeting ~s wlth applicant, no set submission t~mes, meet every week · The average rewew t/me rs 3-31/2 months for publlc heanngs and 1-11/2 months for plats · Plans need to be finalized 2 weeks pnor to heanng date · The appl~cabon has checkhst$ and standard language format (where to put a t/tle block, where the notes should go ) 1 of 3 Piano's DRC process: · Process and checklists on the mtemet (www planotx) · Plans are rejected if incomplete applications are submitted Plat submlsslons and review are on a set schedule (4 weeks +) Plans are marked up, returned to the applicant, reviewed again and need to be returned 1 week +pnor to P&Z If revisions are not complete application is tabled or denied (applicant can w~thdraw as opposed to getting denied) · Zomng cases take approximately 2 month Allen's DRC process. · Plat applications are on a set schedule (30 days to approve or deny) TRC - Technical Review Committee meets every Tuesday (without the applicants) Comments are forwarded to the applicant If comments are addressed, the plat is approved, If the comments are not addressed the plat is denied (The applicant can withdraw the appllcabon as opposed to being denied) · Final construction drawings must be approved prior to a Final Plat being submitted · Incomplete applications are not accepted · Zoning applications typically take 30 days · Development review process and checklists ara on the c/ty web site (www, cl allen tx us) McKInney's DRC process' · Plats are submitted 4 weeks pnor to P&Z meeting May be approved with conditions · Typically plans are not reJected if incomplete · Applications Identify what needs to be submitted (number of prints, letter of intent, copy of ordinance identifying requirements for approval, but checklists are not used · DRC meets every two weeks (without applicants present), comments are then forwarded to applicant · Some informabon on submission requirements Is on the c~t~es web site · Zoning applications take 3 to 6 months 2 of 3 SUMMAR~ CHART > '~ o - o Set schedule for plats Y N Y Y Y N Incomplete applicatIons rejected N N Y y p y Applicants present @ "DRC N P N N N Y Checklists Used y P Y Y N Y Development ~nformabon on Web S~te Y N Y Y P N Y - N - No P - Parbal 3of3 ent By KPA consulting lnc ~ 9725035488~ Jul-25 O0 16 23~ Page 212 Doa& powell July 25, 2000 Honorable Mayor ~ Cl~ Caroled Meln~ Ct~ of~mn, Tex~ To Dou~ P~well Honorable Mayor & City Co~Jl Mem~ Ret~nce pmje~ Belia~ N~k D~to~ T~s, ~ ~e ha~ ~lly ~q~ln8 w~lh~] of this ~ ~m t~m~ht's agenda dne to cm~tl ~ffa~nce and m~e~flly r~u~ to pJ~ fins I~ ~ fie Aught I~ 2000agen~ Anyqu~stlO~S, pk~cc~tactPatA~s,~ca:~nt kPACons~lnc Pat Ar, kln~;, Pr~.,~ldent KPA Consulting Inc