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Home My WebLink AboutNovember 07, 2000 Agenda Agenda No q AGENDA Agenda Item CITY OF DENTON CITY COUNCIL Date T November 7, 2000 After dete imng that a quorum is present and convening in an Open Meeting, the City Council of the Ci of Denton, Texas will convene in a Closed Meeting on Tuesday, November 7, 2000 at 5 15 p in in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKinne , Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda When items for consideration are not listed under the Closed Meting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p in , (I and will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting a enda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth belo A Closed Session A i Deliberations Regarding Real Property - Under TEX GOVT CODE Section 551 072 1 Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property easement interests, comprising six parcels as follows 0 544 acre, 0 851 acre, 1 090 acre, 1 045 acre, 0 216 acre, 0 648 acre, all tracts being situated near the intersection of Argyle Lane and Brush Creek Road within the F Daugherty Survey, Abstract No 348, in Denton County, Texas, which acquisitions are for a public purpose, (Graveyard Branch Sanitary Sewer Project) ANY FINA ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLL 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 OFI THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHO ZED BY TEX GOV'T CODE, SECTIONS 551001, T SE (THE TEXAS OPEN MEETINGS ACT) ON A ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOS D MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXA OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551071-551086 OF THE TE S OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, November 7, 2000 at 6 00 p in in the Council Chambers at City Hall, 215 E McKinney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegiance A US Flag B Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible " 2 Consider approval of the minutes of October 3, and October 10, 2000 I, City of Denton City Council Agenda November 7, 2000 Page 2 PROCLAMATIONS/PRESENTATIONS 3 Proclamations A Denton Family Unity Week B National Young Readers Day 4 November Yard of the Month Awards CITIZEN REPORTS 5 Andrea Olson regarding recycling 6 Dessie Goodson regarding public transportation hearings 7 Tom Kay regarding lowering the decibels in the noise ordinance 8 Carolyn Phillips regarding "The real problem-harassment at a public hearing " 9 Billy Brasfield regarding "the City Council " CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration Listed below are bids, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Items 10 - 17) This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 10-17 below will be approved with one motion If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration" 10 Consider adoption of an ordinance accepting competitive bids awarding a public works contract for the construction of the GaylaBndges Sanitary Sewer System, providing for the expenditure of funds therefore, and providing an effective date (Bid #2569 - GaylaBndges Sanitary Sewer System- C-Con Services - $435,543 00) 11 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for the quarterly payments of the Solid Waste Surcharge, and providing an effective date (P O 10010 - T N R C C - $150,000 00) 12 Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement with SGS Witter, Inc for engineering and other related services for Denton Municipal Electric, authorizing the expenditure of funds therefore, and providing an effective date (PO 10614 - SGS Witter, Inc - $350,000 00) City of Denton City Council Agenda November 7, 2000 Page 3 13 Consider adoption of an ordinance awarding a contract for the lease purchase of a Freedom Recording 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 10613 - Dictaphone Corporation - $34,64100) 14 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Montgomery Watson Americas, Inc for engineering services pertaining to the Lake Lewisville Water Treatment Plant SCADA System, authorizing the expenditure of funds therefore, and providing an effective date 15 Consider adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton and Ron Gowan, and providing an effective date 16 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Braewood Partners, LTD, relating to the purchase of approximately 0 0432 acres of land being located in the Nathan Wade Survey, Abstract No 1407 of Denton County, Texas for the US Highway 77 project, with title vesting in the State of Texas, authorizing the expenditure of funds therefore, and providing an effective date 17 Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and Denton Country Club, formerly known as the New Denton Country Club, relating to the purchase of a public utility easement, sanitary sewer easements and temporary construction easements in the F Daugherty Survey, Abstract Number 348 and the G Daugherty Survey, Abstract Number 351, Denton County, Texas and other considerations regarding the pending Graveyard Branch Sanitary Sewer Protect, authorizing the expenditure of funds therefore, and providing an effective date PUBLIC HEARINGS 18 Consider and take action regarding an involuntary annexation and service plan for approximately 1,711 acres of land located in the southwestern section of the City of Denton extraterrtonal,lunsdiction (ETJ), for the following tracts Tract #1: approximately 504 acres of land located in the southwestern side of the City ofDenton's extraterritorial,lurisdiction west of US Highway 377, south of Allred and north of Johnson Lane Tract #2: approximately 1032 acres of land located in the southwester side of the City ofDenton's extraterritorial,lurisdiction east oflnterstate Highway 35 West and west of the Kansas City Southern Railway Company, extending south along Bonnie Brae to the west side of US Highway 377 Tract #3: approximately 1 7 acres of land located northeast of the intersection of Corbin and Bonnie Brae City of Denton City Council Agenda November 7, 2000 Page 4 Tract #4: approximately 173 acres of land located east of U S Highway 377 (Fort Worth Drive) and north of Brush Creek Road and west of Country Club a Hold the second of two required public hearings to hear public comments regarding the proposed annexation regarding the above referenced tracts, and b Consider and take action on amendments to the boundaries of the proposed annexation by reducing eliminating certain properties currently included in the above referenced tracts from the annexation proceedings, and c Consider and take action on amendments to the service plan for the proposed annexation regarding the above referenced tracts 19 Consider and take action regarding an involuntary annexation and service plan for approximately 1,370 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ET,n, for the following tracts Tract #1: approximately 1, 365 5 acres of land located on the southwestern side of the City ofDenton's extraterritorial,lurisdiction east of US Highway 377, south of Regency Court on each side of Country Club Road, west ofMontecito along Ryan Road and mostly north of Brush Creek Road Tract #2• approximately 3 6 acres of land located on the southwestern side of the City of Denton's extraterritorialjurisdiction west ofMontecito, south of El Pasco and east of Santa Monica a Hold the second of two required public hearings to hear public comments regarding the proposed annexation regarding the above referenced tracts, and b Consider and take action on amendments to the boundaries of the proposed annexation by reducing eliminating certain properties currently included in the above referenced tracts from the annexation proceedings, and c Consider and take action on amendments to the service plan for the proposed annexation regarding the above referenced tracts 20 Hold a public hearing and consider the adoption of an ordinance granting approval of a surface use of a portion of the Denton Branch Rail/Trail approximately 500 feet north of Mayhill Road for the installation of a public street in accordance with Chapter 26 of the Texas Parks and Wildlife Code, and providing for the issuance of an easement and providing an effective date 21 Hold a public hearing and consider adoption of an ordinance approving a Specific Use Permit (SUP) for an off-street parking lot on approximately 4 1 acres The site is in an Office (O) zoning district The property is generally located south of I-35E and west of Southrdge Drive The purpose of the SUP is to provide off-street parking for a proposed City of Denton City Council Agenda November 7, 2000 Page 5 office building expansion The Planning and Zoning Commission recommends approval (5-0) with conditions (Z-00-019, Peterbilt SUP) 22 Hold a public hearing and consider adoption of an ordinance approving a Detailed Plan for the Preserve at Pecan Creek Amenity Center The 8 29 acre property is located on the east side of Lakeview Boulevard approximately 2500 feet northeast of the intersection of Lakeview Boulevard and Swisher Road and is in the Planned Development 132 (PD-132) zoning district A community amenities center is proposed The Planning and Zoning Commission recommends approval (7-0) with conditions (Z-00-017, Preserve Amenity Center) 23 Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan, commonly known as 3200 E University from an Agriculture (A), General Retail (GR), and Single Family (SF-10) zoning districts to a Planned Development (PD) zoning district The 111 acre property is generally located at the southeast comer of Loop 288 and East University Drive A mixed use development that includes Single Family, Retail, Parkland, and Light Industrial uses is proposed The Planning and Zoning Commission recommends approval (6-0) with conditions (ZP-00-011, Prominence Square) 24 Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan to rezone 37 8 acres from an Agriculture (A) zoning district to a Single Family (SF-10) zoning district The property is generally located north of Hickory Creek on the west side of Teasley Lane A single family subdivision with open space is proposed The Planning and Zoning Commission recommends approval (6-0) with conditions (ZP-00-015, Lexington Park South) ITEMS FQR INDIVIDUAL CONSIDERATION 25 Consider adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Workforce Commission to certify the City of Denton expenditures for child care services and request Federal matching funds, authorizing the City to certify child care expenditures, approving the expenditure funds, and proving an effective date 26 Consider adoption of an ordinance of the city of Denton, Texas, amending Section 4 2 of Ordinance No 94-183 as amended, relating to the Rules of Procedure of the City Council to allow the Mayor, City Manager, or three Council Members to call a special meeting, ratifying meetings and actions of the Mayor, City Manager or three city council members calling a meeting at a different location, and to designate a location for a special called meeting, providing a repealing clause, and providing an effective date 27 Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District, and declaring an effective date 28 New Business This item provides a section for Council Members to suggest items for future agendas City of Denton City Council Agenda November 7, 2000 Page 6 29 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 30 Possible continuation of Closed Meeting under Sections 551071-551086 of the Texas Open Meetings Act 31 Official Action on Closed Meeting Item(s) under Sections 551071-551086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2000 at o'clock (am)(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 Agenda No, PP- Agenda D ' $ IIOm 0 AGENDA INFORMATION SHEET pate,..../.. ~ AGENDA DATE: November 7, 2000 Questions concerning this acquisition may be directed DEPARTMENT- Materials Management to Barbara Ross 349-7235 Jerry Clark 349-8390 ACM. Kathy DuBose, Fiscal and Municipal ServiceV SUBJECT: 00~~ss'' An Ordinance accepting competitive bids awarding a public works contract for the construction of the Gayla/Bndges Sanitary Sewer System, providing for the expenditure of funds therefore, and providing an effective date (Bid 2569 - GaylaBndges Sanitary Sewer System awarded to C- Con Services in the amount of $435,543 00) BID INFORMATION. This bid is for the construction of approximately 3,000 liner feet of 8" & 12" Sanitary Sewer, which will convert the GaylaBndges neighborhood from septic systems to sanitary sewer, this neighborhood is eligible for CDBG funds C-Con Services is the low bidder out of the ten bids we recommend approval RECOMMENDATION. We recommend this bid be awarded to the lowest responsible bidder, C-Con Services in the amount of $ 435,543 00 PRINCIPAL PLACE OF BUSINESS: C-Con Services Dallas, TX ESTIMATED SCHEDULE OF PROJECT- This construction project is scheduled for completion in 80 days, substantial completion should end early February 2001 FISCAL INFORMATION- This project will be funded from CDBG account (219-05K-CDJ5-8502) Respectfully ssubmitttted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1462 Agenda ATTACHMENT I TABULATION SHEET Bid 2569 Date. 10/5/00 GAYLA BRIDGES AND SANITARY SEWER SYSTEM No DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR R-CON Inc C-Con Services Pipe Con Inc Mid State Utilities H & W Utilities Principle Place Qf Business IRVING,TX DALLAS TX IRVING TX WACO,TX LAKE DALLAS TX 1 TOTAL BASE BID $539,95610 $435,54300 $548,27900 $597,34725 $475,62410 2 BID BOND YES YES YES YES YES No DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR North Texas Circle C Jackson Dickerson Whizcon Contracting Consturction Construction Construction Utilities Principle Place of Business KELLER, TX FORT WORTH TX FORT WORTH TX CELINA TX ARLINGTON TX 1 TOTAL BASE BID $579,99950 $644,97850 $572,93350 $512,93950 $497,37000 2 BID (BOND YES YES YES YES L YES ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE GAYLABRIDGES SANITARY SEWER SYSTEM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2569 - GAYLA BRIDGES SANITARY SEWER SYSTEM AWARDED TO C-CON SERVICES IN THE AMOUNT OF $435,543 00) 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 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 of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2569 C-Con Services $435,54300 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 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, 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 competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance 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 2569 -CONTRACTUAL ORDINANCE 10-2000 agenda No 40'r Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: November 7, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Charlie Watkins 349-8444 ACM. Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance of the City of Denton, Texas authorizing the expenditure of funds for the quarterly payments of the Solid Waste Surcharge, and providing and effective date (Purchase Order 10010 to T N R C C in the amount of $150,000 00) PURCHASE ORDER INFORMATION- The City is billed on a quarterly basis for a Solid Waste surcharge in the amount of $ 1 25 per ton As required by State regulations contained in Title 30, Chapter 330 602, of the Texas Administrative Code (TAC), solid waste facilities must pay a surcharge based upon the amount of waste a disposal facility receives Money received by the TNRCC from the solid waste surcharge are split as follows 50% is used for TNRCC operations and 50% is returned to the local Council of Government's (COG'S) to be used to award grants For the year 2000, the Landfill received 113,050 tons on which we were billed $141,312 50 as the surcharge For the year 2001, we estimate the Landfill we receive 120,000 tons on which we estimate our surcharge will be $150,000 PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) Public Utility Board approved on October 16, 2000 RECOMMENDATION: We recommend approval of purchase order 10010 to T N R C C in the amount of $150,000 00 PRINCIPAL PLACE OF BUSINESS- TNRCC Austin, TX Agenda Information Sheet November 7, 2000 Page 2 FISCAL INFORMATION: The estimated annual payment of the 2000/2001 TNRCC Solid Waste Fee is $150,000 00 Actual payments will be made from invoices to be received on a quarterly basis Funds are available from account (630-024-0803-8982)) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment l Purchase Order 10010 to T N R C C 1463 Agenda ATTACHMENT 1 H 0 0 0 0 00 0 00 O O H v01 O C ~ ~ c O O rn 0 a.1 u sr H E a W H W ri F F Q 00 tg a N uJ H F y m z z to F o `"4 r IW7z >aF O f+ ' W y ~ME= H W w ~ U W ul X W F 4 W ~ a 4 WW E c ao z3F~ o -MO aaWO E za:g z o P, a' o W o o W w c UWrna a c (4 _ F F m a a X 3 t~7 o u U. ~ N pf~ e/7 H Z L w Yo H JI _ p N~ 04 W ~ z m d 003 C s z 3 N QO~ i o K Ol N 9 O O H a) „ o m O y m LL $ U ~N° m a >r 01 \ O Oi co O w o- 0 14 2 2(1)5 m W V7 0 W ~ v u Qp i W E n 2 m ri w u r m r n z°O co C- as 0 W 0 L, o ff ro M o F m 4 E Uak N ~ 3 Q O z a 1-4 o a v O N a0 O m 01 m U y m h w o". W o W > m 222 ~ g aa~ U O Q _ • 0 o yr , g. ,a„ w z a- 20 o ~y E~iI x H z o m m x z O N E O yu. ~2 ~0 F W ~C OtvA a~ HOB O I Z ~ ~ h m g o o 0 t ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE QUARTERLY PAYMENTS OF THE SOLID WASTE SURCHARGE, AND PROVIDING AND EFFECTIVE DATE (PURCHASE ORDER 10010 TO T N R C C IN THE AMOUNT OF $150,000 00) WHEREAS, in order to comply with the contract commitment to Texas Natural Resource Conservation Commission (TNRCC), the City of Denton is required to pay Solid Waste Permit Fee, and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the expenditure of funds in the amount of $150,000 00 to be paid to the Texas Natural Resource Conservation Commission (TNRCC), hereby authorized SECTION II That this ordinance 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 SOLID WASTE FEE -PC 10010 FEE ORDINANCE AgandaNo. Agenda Item AGENDA INFORMATION SHEET Oate AGENDA DATE: November 7, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Serviceskb SUBJECT: An Ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with SGS Witter, Inc for engineering and other related services for Denton Municipal Electric, authorizing the expenditure of funds therefore, and providing an effective date PROFESSIONAL SERVICES INFORMATION- Preparation of the designs for substation and transmission projects included in the 2001 CIP will require outside engineering services Structural design, such as for transmission poles and line termination structures for substations, is beyond the capability of the in-house staff The number of projects and the time schedule required will exceed the man hours available from in-house resources by a significant margin Exhibit 1 contains a map locating all the substation and transmission projects approved in the 2001 to 2005 CIP along with a brief summary of each While not all the CIP projects are scheduled for construction in FY2001, the design for at least projects planned for 2002 must be complete in 2001 to permit construction in 2002 This is especially true because of the long lead times required for delivery of some of the material and equipment Transformers now require almost 12 months for delivery after the order is placed Steel pole delivery is at eight months from order and increasing Add one to five months for design and two to three months for the procurement process, and it becomes obvious that design may need to begin 18 to 24 months before the planned operational date for some projects To begin the design on the Teasley Substation, DME has entered a limited scope contract for under $25,000 with SGS Witter The contract is specifically for the structural design of the transmission line structures, developing the bus and equipment layout for the station, and establishing a scope for the substation package specification It is intended that that the annual contract take the place of the initial contract if approved We were advised of the increasing lead times for steel poles by Thomas and Betts in August The transmission line terminal structures for the Teasley Substation may have to be purchased from a steel pole supplier With the lengthening lead times for poles, it appeared the most prudent course would be to begin the design process as soon as possible The schedule planned at tlus time is to have the design complete for the Teasley Substation and the two Spencer substations by the end of the year It may also be possible to begin the transmission line design for a section of the new west tie before the end of the year if right-of-way negotiations are successful November 7, 2000 Page 2 PROFESSIONAL SERVICES INFORMATION (CONTINUEM Contracts for professional services, by law, cannot be competitively bid A firm must be selected and then a price determined jointly We have selected SGS Witter as the firm of choice The selection was based on their performance during the first five months of this year with design of the Denton North to North Lakes transmission line upgrade project and the construction management services they provided for the Spencer to Locust transmission line upgrade project Performance was excellent Cooperation and timeliness have been excellent The correct resources for the tasks needed have always been available, sometimes with short notice The design was done in a timely manner The accuracy and completeness of their work contributed to a successful pole bid that was straightforward and reasonable to evaluate, even though the bid considered both steel and concrete poles The bid package for the poles was more than 100 pages in length with detailed load data and specific physical design presented for each pole There were not more than two minor questions from suppliers during the bid process for the poles This illustrates the accuracy and attention to detail that SGS provided Construction management services will be required for transmission line construction The on- site design and construction management combination arrangement with SGS earlier this year worked exceptionally well Being on site contributed to the accuracy of the design Construction project and design timing may make this advantageous for the upcoming months We wish to have the possibility prearranged and included as a part of the contract so it can be utilized where beneficial The construction of the Denton North to North Lakes line is schedule to begin in late October Should we be ready to begin work on the western transmission lines late this year, it may prove to be the most beneficial approach PRIOR ACTIONMEW (COUNCIL BOARDS, COMMISIONS)- Public Utility Board approved on September 18, 2000 RECOMMENDATION: Approval of an annual contract with SGS Witter, Inc, in the amount not to exceed $350,000 00 PRINCIPAL PLACE OF BUSINESS: SGS Witter, Inc Lubbock, TX ESTIMATED SCHEDULE OF PROJECT: Construction to start in October of 2000 and be completed by February 2001 Agenda Information Service November 7, 2000 Page 3 FISCAL INFORMATION: This Professional Services Agreement to be funded from account (654-080-RB00-3550-9214- 00062604B) Respectfully submitted JA U ) f-z Tom Shaw, C P M, 346100 Purchasing Agent Attachment 1 Purchase Order 10614 to SGS Witter, Inc 1464 Agenda ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SGS WITTER, INC FOR ENGINEERING AND OTHER RELATED SERVICES FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage SGS Witter, Inc, of Lubbock, Texas ("SGS" to provide professional engineering and other related services to the City for Denton Municipal Electric ("DME"), and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional engineering and other related services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional engineering and other related services as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Professional Services Agreement with SGS Witter, Inc, for professional engineering and other related services for Denton Municipal Electric, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of SGS and the ability of SGS to perform the services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By S \Our Documents\Ordmances\00\SGS Witter Inc PSA-Yearly Engr Svcs 2000 2001 DME doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES AND RELATED SERVICES PERTAINING TO APPROVED ELECTRICAL POWER SYSTEM CONSTRUCTION PROJECTS FOR DENTON MUNICIPAL ELECTRIC THIS AGREEMENT is made and entered into on the day of 2000, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER'), and SGS Witter, Inc, a Corporation, with its corporate office at 4727 South Loop 289, Suite 201, P O Box 53969, Lubbock, Texas 79453 (hereinafter "CONSULTANT'), the parties acting herein, by and through their respective duly-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project') Professional engineering and other related services pertaining to the support of design for approved electrical power system construction projects for a one-year term on a non-exclusive, as-needed basis, as requested by Denton Municipal Electric ("DUE") ARTIC T.R TT SCOPE OF SERVICES The CONSULTANT shall perform the following basic services in a professional manner A CONSULTANT shall perform all those services as are necessary and as described in the letter from Steve Owens, PE, Vice President of CONSULTANT to Chuck Sears, Engineering Admumstrator, DME, dated August 21, 2000 and CONSULTANT'S "Proposal to City of Denton" dated August 17, 2000, which are attached in pertinent part hereto as Exhibit "A" and are incorporated herewith by reference B If there is any conflict that arises between the terms of tlus Agreement and the Exhibit attached to this Agreement, then the terms and conditions of this Agreement shall control over the terms and conditions of the attached Exhibit S WmD McOW AOrt4\OSV40S Winn loo One Ye. E VSvu PSA DME tloo Page 1 of 10 ARTTCT.F. M ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above-described Scope of Services, set forth as provided by Article II heremabove, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertammg to the provision of such additional service by the CONSULTANT ARTTC.T.F TV PERIOD OF SERVICE A This Agreement provides for a one-year term This Agreement shall become effective upon its execution by the OWNER and the CONSULTANT, and services shall be provided hereunder upon the issuance of a notice to proceed by the OWNER This Agreement shall remain in force for the period that may reasonably be required for the completion of the Project activities, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof TIME IS OF THE ESSENCE IN THE PERFORMANCE AND COMPLETION OF THIS AGREEMENT CONSULTANT shall make all reasonable efforts to complete the services set forth herem as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Director of Electric Utilities or her designee B CONSULTANT and OWNER finther agree that the terms of this Agreement may be extended by OWNER for an additional one-year term upon the completion of the term of this Agreement at CONSULTANT'S then prevailing year 2001 standard billing rates charged to municipal governments, by a written amendment to this Agreement approved by the duly-authonzed officers and representatives of the OWNER and CONSULTANT ARTTCT.F. V COMPENSATION A COMPENSATION TERMS 1 "Direct Non-Labor Expense" is defined as that expense [other than "per diem" expense], based upon actual cost plus 10%, for any out-of-pocket expense reasonably incurred by the CONSULTANT related to its performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT S DOcummWCNN~S Winn IN D Ycu&V SVU PShDW dw Page 2 of 10 herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project on an hourly fee basis, plus reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly CONSULTANT shall bill from time sheets, in nummum one half (1/2) hour increments of time, at the rates set forth in CONSULTANT'S "Proposal to City of Denton," a six (6) page document, in pertinent part, dated November August 17, 2000 from CONSULTANT to OWNER respecting the scope of services and the compensation and expense price structure, including the "Attachment to Standard Rate Sheet---Special Charges and Adders", all of which is attached hereto as Exhibit "A" and which is incorporated herewith by reference OWNER shall pay to CONSULTANT for its professional services performed, and for its out- of pocket expenses incurred in the Project, a total amount not to exceed $350,000 00 2 Partial payments to the CONSULTANT will be made monthly based on the percent of actual completion of the Basic Services, rendered to and approved by the OWNER through its Director of Electric Utilities or her designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not-to-exceed amount until satisfactory completion of the Project by CONSULTANT 3 Nothing contained in this Article shall require the OWNER to pay for any work that is not submitted in compliance with the terms of this Agreement OWNER shall not be required to make any payments to CONSULTANT at any time when CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B heremabove Statements for Basic Services and any Additional Services shall be submmtted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within forty-five (45) days after receipt of the CONSULTANTS undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said forty-fifth (45th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in Sao. ~w~~o ~sWl~ Wtoovr,. QvSw.PSADW~ Page 3 of 10 full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (11/o) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is not submitted in accordance with the terms of this Agreement, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VT OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT ARTICLE VIT OWNERSHIP OF DOCUMENTS All original documents prepared or fimushed by the CONSULTANT pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the temnnation of this Agreement The CONSULTANT is entitled to retain copies of all such documents, The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VTTT INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansing from employee status ARTTCT.F TX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved 8 WUrDacummuMaoweu~WS<iB W11Wl O..Y... EW&I. PSn UMKE Page 4 of 10 ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carvers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements, and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance and/or Errors & Omissions Insurance with limits of not less than $500,000 annual aggregate E CONSULTANT shall fiumsh insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, fimushmg at least the same policy limits and coverage, to OWNER ARTICLE XT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution ansmg out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XTT TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate tlus Agreement by providing flu ty (30) days advance written notice to the other party B Tlus Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination s wine vmenWl n~W OS wiua o Ycm enns.cs PSA Vrre Page 5 of 10 will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTTCIR XM RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, or agents, for the accuracy and competency of their work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the work prepared by the CONSULTANT, its principals, officers, employees, and agents ARTICLE XiV NOTICES All notices, communications, and reports required or permitted under tlus Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein To CONSULTANT To OWNER SGS Witter, Inc City of Denton, Texas Steve Owens, P E, Vice-President Michael W Jez, City Manager P O Box 53969 901-A Texas Street Lubbock, Texas 79453 Denton, Texas 76201 Fax (806) 795-7526 Fax (940) 349-8596 All notices provided under tlus Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailmg of the notice, whichever event SWurD QMm W ntru11WGSWittaWC0n yevSnpSvsPSADMSdu Page 6 of 10 shall first occur ARTTC T.F. XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and one (1) Exhibit constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTTCT.F. XVT SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTTCT.F XVTT COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVTTT DISCRIMINATION PROHIBITED In performing the services required hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTTCT.F. XTX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arse during the term of this Agreement B OWNER requires that CONSULTANT carefully safeguard all documents, data, and information provided by OWNER to CONSULTANT incident to this engagement CONSULTANT recognizes that such documents, data, and information, involve sensitive, S Wm OVVVmwulCVnm,cNWSOB W,nc Inc One Yvv Enp SwsMA OME LVe Page 7 of 10 competitive issues, in some cases, confidential information, and in some cases proprietary information, and the disclosure of such information by CONSULTANT to any third party, without the express written consent of OWNER, is expressly prolubited by OWNER, and would likely cause economic loss and detriment to OWNER Any such unauthorized disclosure of information by CONSULTANT shall constitute an act of default respecting this Agreement CONSULTANT represents to OWNER that it will safeguard OWNER's information and will, upon OWNER'S reasonable request, provide OWNER with CONSULTANT'S policies regarding its procedures for identifying conflicts of interest, and its procedures and safeguards which are in place which would apply to CONSULTANT'S treatment and handling of OWNER'S documents, data, and information during tlus engagement C All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under applicable state and local laws to perform such services ARTICLE. XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any material change in its corporate structure, its location, and/or in its operations ARTTC LF, XXT MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of tlus Article will not be waived unless as herem set forth ARTTC T.F. XXTT MISCELLANEOUS A CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examme any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits SWuWcumenb~Uwcu GSWporWeou YMUpSvcsPSADMEAn[ Page 8 of 10 B Venue of any suit or cause of action under this Agreement shall he exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas C For purposes of this Agreement, the parties agree that Steve Owens, P E, Vice President of CONSULTANT, and Senior Electrical Engineer of the Lubbock, Texas office of CONSULTANT ("Owens") shall serve as the Project Manager of CONSULTANT respecting this engagement, shall develop the scope of services with OWNER'S designated employees, and shall oversee all engineering activities on the Project This Agreement has been entered into with the understanding that Owens shall serve as the CONSULTANT's Project Manager and will be a key person serving the OWNER on tlus Project Any proposed changes requested by CONSULTANT, respecting Owens serving as the Project Manager on the Project, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other services required herein, under its supervision or control D CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER E The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furmshed to it by OWNER without the need for further inquiry or investigation into such information F The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly authorized City Manager, and CONSULTANT has executed tlus Agreement by and through its duly authorized undersigned officer, on this the day of 12000 "CITY" CITY OF DENTON, TEXAS By Michael W Jez, City Manager S Our0oamenu~CanveOrNP3p5 Wnta In One Yeer EUSr SVs ESA DME JUe Page 9 of 10 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" SGS WITTER, INC A Corporation By /j Donald G Gravy Executive Vice-Preside ATTEST By Secretary S WurOxumaWWWNb\OP309WI4v Ix 0oo-Yty Boy Svcs PSA DME tlK WQ R I G I N A L Page 10 of 10 S ~aS ITT I2, INC. Lubbocl., TX Albuquerque, NM Consulting Engineers & Planners August 21, 2000 Re City of Denton Proposal for Engimeenng Services I& Chuck Sears Denton Municipal Electric 901-A Texas Street Denton, Texas 76201 Dear Mr Sears Attached is our proposal to the City of Denton to offer engineering services to assist the DME Electric Engineering Department The proposal summarizes our company's complete capabilities with references and specific projects listed The majority of the assistance is expected to be with substation and transmission ]me design. The most recent such projects are highlighted Information is also provided on our distribution design, planning and coordination capabilities as assistance in these areas is also offered We propose to offer these services for a period of one year with an option to extend the agreement for a second year We propose to offer our services at the enclosed 2000 Billing Rates Rates are adjusted annually Our company had a smular arrangement with Lubbock Power and Light for a two-year period We designed a new substation, modified several substations, designed a transmission line, prepared a ten year long range plan, and developed construction units including drawings These were items that LP&L needed assistance with in order to get them accomplished in a reasonable time frame This arrangement should be valuable to the City of Denton in meeting rapidly growing electric demand requirements in the shortest possible time There would not be a built in delay in selecting design professionals before the actual facility design would commence We could be involved in as little or as much of a project as determined by DME personnel We have the capability and experience to move a project from conception to design to construction as quickly as it can be done in the industry Please let us know if you have additional questions about our proposal Sincerely, SGSSWitter, hic l~I~L% L ~Y/r.tiDiyto Steve Owens, P E, Vice President SO alh Enclosure EXhibit "A" SGS Witter, Inc 0 P 0 Box 53969, Lubbock, TX 79453 s Office (806) 795 6827 • Fax 795 7526 PROPOSAL TO CITY OF DENTON FOR ENGINEERING SERVICES BY SGS WI TER, INC CONSULTING ENGINEERS LUBBOM TEXAS August 17, 2000 MANAGEMENT PLAN SGS Witter proposes to perform engineering services for Denton Municipal Electric (ME) on an as needed basis All services would be billed on a time and expenses basis according to the current years' billing rate schedule (year 2000 rate schedule enclosed) The term of the agreement will be one year from the date of the contract with an option to extend for an additional year Steve Owens is the Chief Engineer for the Lubbock office As such, Steve reviews all engineering activities and will be the primary contact for CITY OF DENTON engineering staff At the outset of each protect Steve Owens in the Lubbock office will develop the scope in conjunction with CITY OF DENTON personnel SGSW management will determine available personnel and other required resources for each protect Steve Owens will then assign appropriate engineering personnel and oversee all engineering activities on each project As each protect progresses, the senior staff of SGS W will work directly with the appropriate staff members of CITY OF DENTON This working relationslup should be flemble and dynamic in order to achieve the most efficient results Senior staff will continually monitor progress and status of each protect in this proposal In working for various utilities, IOUs, municipals, cooperatives and federal agencies, we develop the structure to perform a project based on our assessment of best means to complete that protect From the diverse requirements of our clients, by necessity, one of our strengths is developing the best approach for a project We can provide turnkey protects with minimal CITY OF DENTON input or work closely with CITY OF DENTON staff We anticipate the majority of the work will be performed in the Lubbock office Any work done by SGS W staff in the Albuquerque office will be coordinated through Steve Owens His responsibilities will also include maintaining intonate knowledge of the protect throughout its life and final approval on the majority of the protects We can offer a staff of the size and expertise to provide complete distnbution, transmission, and substation engineering for scheduled protects and those required for future growth of the CITY OF DENTON system. We are an efficient, productive firm with adequate gaffing to complete all services as outlined in this proposal SGSW has standardized our rate structure in both offices for all clients Many of our clients are Rural Electric Cooperatives, but we also work with other utilities Most of you know our Lubbock employees, but you may not know our Albuquerque employees Since we sometimes utilize someone from our Albuquerque office, and since they may appear on your invoice, we thought you might like to have a list of all SGS W employees Lubbock Office Albuquerque Office Don Gray Bob Witter, P E Steve Owens, P E George Nail, P E Gene Smith Jim Bardwell, P E Charles Pfmgsten Mike Smith, P E Donny Payne, P E Joe Kainz, R L S Travis Neal, P E Stuart Akers, P E Kurt Staller, EIT Peter Belkm, P E Ricky Kimberlin Laurie Barr Pete Giovannetti Catt Cobb Randy Shaw Glenn Perez Luis Cisneros Judy Cox Jose Martinez Harry Barnes Heath Dudley Edwin Johnston Sally Pfingsten George Perez Judy Krchmar Peter Pmo Addie Hicks Sharon Rogers 2000 STANDARD BILLING RATES Billing Billing Classification Rates Employees Principal or Sr Pro Engr 5 $99 Principal or Sr Pro Engr 4 $89 Steve, Bob, Jim, Dick, George, Mike Principal $82 Don, Gene Principal or Sr Pro Engr 2 $74 Principal or Sr Pro Engr 1 $68 Professional Engineer 5 $85 Professional Engineer 4 $78 Donny, Stuart Professional Engineer 3 $70 Travis Professional Engineer 2 $65 Professional Engineer 1 $58 Engineer 5 $77 Peter B Engineer4 $65 Engineer 3 $59 Kurt Engineer2 $54 Engineer 1 $49 Registered Land Surveyor 5 $83 Joe Registered Land Surveyor 4 $75 Registered Land Surveyor 3 $68 Registered Land Surveyor 2 $63 Registered Land Surveyor 1 $57 Senior Staff 5 $75 Harry Senior Staff 4 $69 Charley Senior Staff 3 $63 Ricky Senior Staff 2 $59 Senior Staff 1 $55 Chief Technician 5 $64 Cart Chief Technician 4 $59 Chief Technician 3 $55 Laurie, Edwin Chief Technician 2 $52 Glenn P, Peter P Chief Technician 1 $49 2000 STANDARD BILLING RATES Page 2 Billing Billie Classification Rates Emplovees Survey Party Chief 5 $53 Survey Party Chief 4 $50 Survey Party Chief 3 $47 Survey Party Chief 2 $43 Pete G Survey Party Chief 1 $41 Senior Technician 5 $54 Senior Technician 4 $51 Senior Technician 3 $48 Randy Senior Technician 2 $44 Luis Senior Technician 1 $41 Technician 5 $45 Technician 4 $42 Sally, George P Technician 3 $41 Technician 2 $38 Technician 1 $35 Associate Technician 5 $38 Heath, Jose Associate Technician 4 $35 Associate Technician 3 $33 Associate Technician 2 $30 Associate Technician 1 $28 Office Staff 5 $41 Office Staff 4 $39 Judy C Office Staff 3 $37 Sharon, Judy K Office Staff2 $35 Addie Office Staff 1 $32 ATTACHMENT TO STANDARD RATE SHEET SPECIAL CHARGES AND ADDERS Page 3 Overtime Standard rate times 1 3 multiplier Per Diems Short-Term Per Diem rates will be established for each project as either "Low Cost" or "High Cost" areas as set by federal tax code Long-Term (longer than l month stays) rate is $75 00 Work Order Review $500 per day plus Mileage and Per Diem (If principal requested, standard hourly rates will apply) CADD Adder $4 50 per hour Expenses Actual Out-of-pocket + 10% (includes car rentals if requested and amount approved prior to rental) Mileage $0 35 per mile, 4WD $0 45 per mile Project Insurance SGSW carries $500,000 Professional Liability (E&O) insurance limits If higher limits are requested the cost will be a $3,000 adder to the first month's invoice FORENSIC SERVICES As negotiated with client Agenda No OD" Agenda Item /3 Date Po AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Gary Matheson 349-7925 ACM. Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance awarding a contract for the lease purchase of a Freedom Recording 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 (Lease Purchase File 2591 - Dictaphone Corporation in the amount of $46,31500) PURCHASE ORDER INFORMATION The attached purchase order is for the first of a five year lease purchase to upgrade the recording and dispatch system for use by the Police Department in "911" calls and all lines monitored by the Police Dispatch Unit Maintenance of the existing system is expected to go up 12-15% in the next 5 years This upgrade will make the system more efficient with cost about the same as normal maintenance RECOMMENDATION. We recommend approval of lease purchase of this Recording and Dispatch System from Dictaphone as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) which meets the competitive requirements and therefore is exempt from the bidding requirements but does require Council approval PRINCIPAL PLACE OF BUSINESS. Dictaphone Corporation Dallas, TX ESTIMATED SCHEDULE OF PROJECT Sixty (60)-days after receipt of Purchase Order FISCAL INFORMATION- Funding for this project will come from account (100-070-0040-P003-8345) Agenda Information Sheet November 7, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Lease Purchase Order 10613 to Dictaphone Corporation Attachment 2 Dictaphone Quote from QISV Attachment 3 QISV Certification 1465 Agenda ATTACHMENT 1 0 °o 0 M o °o N M M O O Z O N N G a) - 49. 41 41 N a a o N a ~u FFF- °o a a us a a Mau H F a O O N 00 C3 U., ED N ca E F N L•7 OYC M z W F as Z N H N W A N O H y y d: V! C7 z s W ppF .i W o Z wa4w a~ o aWkF C QW o ao aWFZ o On E H H W F O ~p3 W 00 W N yM U a rn a v 00 KF2 o p N U ~~c V7 F o v 4 v ' 10 z O y Q F O N~ N W W 'y1: ~ A 'i o d 9 ~ ~~iJ•yy3 X 3u ~T O LL O - ~e Lr1 F" O W p o a YY~~ m iC GJ N Oo3~ 01, 0 to ~O O W Q e m ti O $4 M o v •~OU W W = LL N Vy0$ r a' gg y >n O CI M o ~8 W N O (D t5. `4 z ~ a uOa Zj` m Z5m yQ O OD c It -t e 2W w W tnwa n K N C v O ~H2c e* O C C] l% O O O v u. z a s . M y o M ~ a k 4 H o H H U ft J H n O o z aw aa. v 1-4 a O a O E a s z U q v m a s z w o n om. U> W 1-4 D. prua O y r y W z a 0 0 n~ nm w 0 4 i§ - Oa 39 0 W aY R " Y z 0 a O 01 O j >q a y y a W O ~ r E a PC 4 U O 3 x F O a z Q O m a x H N 09 O O rl Z m AS G d' C] z V C U z N R CCU r, 0 U) c\ z 6 Q M W Q Q IJ O ~~N Oct 13 00 04:12p rkiner 972-517-5703 p.4 ATTACHMENT 2 lediaphoN Coqxwe how flay Road Dallas, Tom 76244 Proposal Osmnw.pdamatlm Okeldm2aConbati/mmatlar0 Nana DENTON POLICE DEPARTMENT Ode 004410 Address MM Cabot NORM POWERS cty DENTON 81012 TX ED 76206 Tdephaa 8664713483 x 0 Ann CLOUIe GEORGE, SOT Fox 8T72'1996.BCI PhWW 1100348.7876 Fox 1840)348.7888 TOTAL 2 1OAO01OW AC TELCOM SLOCKAWCORDER-R6486 i 8,403.03 S 4MI33ON COMPRESSION BOARD (1 PER 4 CHANNEL COUPLER BOARD) $ 1"=00 S 4281311-OW COUPLER BOARD- 4 ANALOG CHANNELS S 14470.03 1 3ANW-mD NT WDRKBTATION, 2 DVD d 4,802.03 1 FREPAK-0W FREEDOM SYSTEM 8OFIWARE PACK- Includes one of each of ARCSYS EVTM E 3,10303 1 BYWOR-032 SYSTEM MANAGER SOF AWRE-ADDITIONAL LICENSE& $ 0740D 1 426'!88 3COM4FORT HUB-(3CIS703) 6 S&W 1 390028 PACKAGE o1100VD MEDIA S IS= 1 CRBTCD FREEDOM COMPURERmASm TRAINING PROGRAM $ 48500 32 CHANNEL FREEDOM RECORDER SuIXm 03 POaJaetsriemm 1 Inawkeon $ , W Lees Dkcowx 3 1 LNw ShWphq 8 Handln8 2MW DaWay W DsyaARO TOTAL Is 03 Prift IndMm aWmyowwom* PA ft Vold fiv90 Days Imaloo faprowtatlanmmosss wdy Combining, Voke & Data to Saw You y~ "a Dic~apho~ 4250 Olotaphone Corporation F.~^ 4260 Spina ing Valley Road Deltas, Tom 76244 DC No. Leasing Options Cudtomerinftnaf/on 01ohnOtone OontsorlrMormatlon Name POLICE DEPARTMENT Date 04/14470 Address 601E IM Y Contact NORM POWERS City State TX Zia 78206 Telephone 666471 3463 x 4231 Alb CLOVI GEORGE, SOT Fax 972 3315,2543 Phone (940) 349.7976 Fax (940) 349.79M Description TOTAL Laedap Options STATE 8 LOCAL GOVERNMENT LEASE All Wuslw Rate 38 Month Lem Payment-Monthly It 1,24708 Ouanedy $ 3,70312 Sw4Annual $ 7,27807 Annual $ 14 091 96 48 Month Less Pyyment-Monthly $ 98380 Quartedy $ 2,89262 Semi-Annual $ 6,69162 Annual $ 11 029 69 60 Month Lease Payment - Monthly $ 82099 Cluarlady $ 2,43626 Saml-Annual $ 478392 E Annual $ 9,28300 Pro1e09 bdomn0on Name Re(No Delhery 60 DMARO PAcinp Includes a dse yerwmrenty =f VeNd for 90 Daya Combining Voice k Data to Serve You ATTACHMENT 3 o c~ z ~ 0 o WU 04 O O o d O > 9 v z v z w U^ U W y 00 FFF W ~ C7 C"~'i ' O y E ~ ~ W rrL ~ W ~ ~ F~'y S W O rn ~ ~ •~3 W ~ ~ V 9 Qm U V C4 Z, ono ~ ~ . F' W cn Q ~ r l~ y+ ~ gg ~ O Z o ►~y n e 333 u. I+y wA"[U F C F W0. ~x ol a l in A W10 x o Nooae H ® ®Ed 7E I A A LIMN 3 2 d EOL9-4TG-2LG Jammu dTT-b0 00 ET z00 S 8 ~ ~ x N pN pN QN pN y O g S O O ~ w w w ww z > o v a cl)~ IL CL 0 w w N w N W a g~~ ~ > vLL$ ~IFL E~ W Q E=x wc mU o03 ~m A ~ya p 03 La CO) og _ 3 W W wz I'- Lm~~ N C) w o z E d EOLS-LT9-2LG uaui~u dTT b0 00 ET 100 ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF A FREEDOM RECORDING 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 (LEASE PURCHASE FILE 2591 - DICTAPHONE CORPORATION IN THE AMOUNT OF $46,315 00) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered lease purchase for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved LEASE PURCHASE FILE VENDOR AMOUNT 2591 Dictaphone Corporation $46,31500 SECTION II That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City SECTION III That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of _,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY LEASE PURCHASE PO 10613 - Dictaphone (QISV) CONTRACTUAL ORDINANCE 10-2000 Anenda No, D 0, Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2000 DEPARTMENT. Water Utilities CM/DCM/ACM Howard Martin, ACM/Utilities 349-8232 SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON AMERICAS, INC FOR ENGINEERING SERVICES PERTAINING TO THE LAKE LEWISVILLE WATER TREATMENT PLANT SCADA SYSTEM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AS EFFECTIVE DATE BACKGROUND This proposal will complete the first two phases of the automation of the Lake Lewisville Water Treatment Plant The first phase will upgrade the existing SCADA system The second phase will automate the 16 filters Each phase will consist of hardware, software, installation, training, hardware maintenance, software maintenance and ongoing software support necessary for full operation The systems will meet today's requirements as well as future planned enhancements using state-of-the-art technology that is easily scalable These improvements are also following the recommendations of Black and Veach's City of Denton Utility Department Management Study in 1997, The existing system was installed in 1984 as a part of the Denton Municipal Electric's SCADA system The existing system is a proprietary system, by Advanced Control Systems, specifically for the electric industry When Denton Municipal Electric decided to upgrade their system, we researched the water/wastewater industry to determine the software and hardware standards in our industry From that study and our needs, we chose to upgrade our system separate from the electric utility The upgraded system will be based on an open architecture, meaning the use of equipment is not limited to one vendor, and using industry standard software and hardware Intellution iFix is the software that we chose after a through evaluation of the industry standard software packages in use today Intellution is the same software that is being used for the Water Reclamation liftstations and the Drainage division's stormwater system The Water Production staff prepared a detailed specification document (Request for Sealed Proposal (RFSP) of the proposed SCADA system for the Lake Lewisville Water Production facility The city also proposes to provide electrical support personnel during constriction to field install hardware and to calibrate existing field instrumentation and transfer the wiring from the existing SCADA remote terminal units The city also elected to purchase selected hardware 1 and the operations control consol directly from the manufactures rather than through the systems integrator This was done by staff in an attempt to keep the cost of this project to a mimmum Without this detailed document and m-kind services, this project would cost approximately $600,000 The document identifies the scope of the project and details the water plant equipment, and the signal from each piece of equipment that will be attached to the system To select a system integrator for this project, we sent a Request for Information to 24 vendors that we spoke to about this protect and that we knew had an interest in our project In the Request for Information we stated our requirements for selecting a system integrator and that our reviewing committee would determine the top four candidates to receive our RFSP document We received five responses to the Request for Information and based on our selection criteria decided on the top four The top four were mailed our Request for Sealed Proposals with the understanding that we would be evaluating the proposals received pursuant to the rules for high technology procurements contained in TEX. LOC GOVT CODE §252 021 and Ordinance No 88-129 of the City, and that we would conduct negotiations with the successful offerer After receiving the proposals, the reviewing committee selected Montgomery Watson's system integration team from Houston to proceed to the negotiation process OPTIONS - Approve this contract for the first two phases of automation for the Lake Lewisville Water Treatment Plant - Recommend desired changes to the proposal for consideration by staff and request renegotiations with Montgomery Watson RECOMMENDATION Staff recommends approval of the contract as negotiated by staff and submitted by Montgomery Watson 1 The system integration for Phase-I in the amount of $169,816 2 The system integration for Phase-II in the amount of 145.411 Total amount not to exceed $315,227 (See Exhibit C) ESTIMATED SCHEDULE OF PROJECT The anticipated schedule of the project is shown in Exhibit B PRIOR ACTION/REVIEW (Council Boards Commissions) This item was approved by unanimous vote of the Public Utility Board on October 16, 2000 2 FISCAL INFORMATION The estimated total cost for in-lend services by the Water Utilities Department to implement this project is listed below Design Phase Software Selection Evaluation $ 5,000 Develop Detailed Specifications and Contract Documents $ 20,000 Procurement Phase RFURFQ Evaluation Process $ 2,500 Contract Negotiations $ 1,500 Construction Phase Hardware $ 30,000 Operations Control Console $ 15,000 Software $ 16,000 Electrical Installation and Field Calibration $ 60,000 Project Administration $ 10,000 Staff Training and Start Up $ 5,000 Total Project Cost Montgomery Watson Contract $ 315,227 Purchased Materials by City of Denton $ 61,000 In-Kind Services by City of Denton $ 104,000 Total Project Cost Estimate $ 479,227 Each phase of this project was negotiated independently The final negotiated price for Phase-I is $169,816 and the final negotiated price for Phase-II is $145,411 During the negotiation phase several items were removed from the contract and purchased separately in order to take advantage of government contract pricing Revenue funds were budgeted in the FY 2001 Water Production Division CIP for these two projects as follows 620+081-0460 Replace SCADA System $ 175,000 620.081-0460 Distributed Control Upgrade for Plant Filters $ 200,000 Total $ 375,000 The total amount of the Montgomery Watson contact for these two phases is $ 315,227 3 Respectfully submitted - (to Howard Martin Prepared by Assistant City Manager for Utilities Tim Fisher Assistant Director of Water Utilities 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON AMERICAS, INC FOR ENGINEERING SERVICES PERTAINING TO THE LAKE LEWISVILLE WATER TREATMENT PLANT SCADA SYSTEM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage Montgomery Watson Americas, Inc, a California Corporation ("MWA" with offices in Fort Worth, Texas, to provide professional engineering services to the City as a System integrator pertaining to the design of, the preparation of construction plans and specifications for, and the performance of related construction phase services for the first two phases of the automation of the Lake Lewisville Water Treatment Plant Supervisory Controlled And Data Acquisition ("SCADA") System Specifically, the two phases of the project will consist of computer hardware, software, installation, training, hardware maintenance, software maintenance, and ongoing software support necessary for the full operation of the Lake Lewisville Water Treatment Plant SCADA System, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional engineering services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, the City staff, in order to better evaluate its needs for the project, and in order to determine the most competent, knowledgeable, and qualified professional engineering firm available, issued a Request for Information ("RFI"), and thereafter a Request for Sealed Proposal ("RFSP") No 2550, due on July 25, 2000, was issued to several of the top selected candidates, and following the evaluation of the responses to such RFSP, City staff determined and recommended that MWA should be selected, having met the requirements of Chapter 2254 of the Texas Government Code, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of the provider's demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City's procurement of professional engineering services and related supporting supplies and materials provided by MWA in connection with the above referred to professional services, are additionally exempt from the requirements of the State competitive bidding law and pursuant to the City of Denton Code of Ordinances as a "high technology procurement" as permitted by Section 252 021( c) of the Texas Local Government Code, as City staff has utilized the competitive sealed proposal procedure 5 WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional engineering services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the recitations contained in the foregoing Preamble to this ordinance are true and correct and the same are incorporated by reference herewith SECTION 2 That the City Manager is hereby authorized to execute a Professional Services Agreement with Montgomery Watson Americas, Inc for professional engineering services pertaining to the Lake Lewisville Water Treatment Plant SCADA System for the City of Denton, Texas, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 3 That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of MWA and the ability of MWA to perform the services needed by the City for a fair and reasonable price SECTION 4 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 5 That this ordinance 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 S \Our Documents ordinance \0 Vvion gomery Watson Arrencas Inc PSA Lake Lemsville Wtr Torn SCADA ord doe 6 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF, THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR THECITY OF DENTON LAKE LEWISVILLE WATER TREATMENT PLANT SCADA SYSTEM THIS AGREEMENT is made and entered into as of the day of , 2000, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and Montgomery Watson Americas, Inc, a Cahforma Corporation, with its offices at 7601 Flagstone, Fort Worth, Texas 76118 (hereafter "CONSULTANT"), the parties acting herein, by and through their duly-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTTCT F T EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project") Professional engineering services pertaining to the design of, the preparation of constriction plans and specifications for, the acquisition of high technology equipment, the performance of related construction phase services, and general representation of he City during construction for the Instrumentation and Control Project for the Lake Lewisville Water Treatment Plant ARTICLE I SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the "Scope of Services for Lake Lewisville Water Production Plant, Instrumentation and Control Protect," Phase I SCADA System and Phase II Backwash Filter Automation" dated October 2000, and prepared by CONSULTANT for OWNER, which document is attached hereto as Exhibit "A," and is incorporated herein by reference, which document is comprised of, and subdivided into the following sections 5` AUrDxumewMnowcu\OOWOOyomwy WiWn"Man N esA Lemmlle WV TM 9CppA.Gpp Page 1 of 11 Phase I - SCADA System 1 Project Management 2 Engineering Services 3 SCADA System Equipment 4 System Training 5 Maintenance and Warranty Services Phase II - Backwash Filter Automation 1 Project Management 2 Engineering Services 3 Backwash Filter Equipment 4 System Training 5 Maintenance and Warranty Services B If there is any conflict, or if any conflict arises between the terms of this Agreement and Exlubrt "A" attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of the Exhibit ARTTCT F TTT ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above-descnbed Scope of Services, set forth as provided by Article H above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terns pertannng to the provision of such additional services by the CONSULTANT ARTTCT F N PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force and effect for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager for Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related services Any subcontractor or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to S Our OaummmMOnu¢N[PMOVyomery W,mMAmerce Lm PBA L..H. WV TWI B=DA Page 2 of 11 8 OWNER at the actual cost plus ten percent 2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project in accordance with the provisions of those tasks that are described as set forth in Exhibit A - "Scope of Services" attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially in accordance with the "Project Schedule" as set forth in Exhibit B that is attached hereto and incorporated herewith by reference CONSULTANT shall be paid for services rendered to OWNER pursuant to this Agreement on the basis set forth in the "Schedule of Fees" in Exhibit C, billed monthly CONSULTANT shall bill based on percent complete for each task OWNER agrees to pay to CONSULTANT for its professional services performed, for its Subcontractor Expense, Equipment Expenses, and for its Direct Non-Labor, out-of pocket expenses incurred in the Project, a total lump-sum amount of fees and expenses of Three Hundred Fifteen Thousand Two Hundred Twenty- Seven and No/100 Dollars ($315,227 00) 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities, or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above total lump-sum amount of fees and expenses until satisfactory completion of the Project by the CONSULTANT If completion of this Agreement is prevented or unpacted in any material manner by the OWNER failing to meet the requirements of Article VI of this Agreement, then the CONSULTANT may request disbursement to it of the final ten percent 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not subrrutted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any tune when the CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional S Wm DocummYICOOVr4\OgMOOlgamsry WNOO....lu PSMLewimlla WVTul SC M. 9 Page 3 of 11 payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B heremabove Statements for Basic Services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTTCT.F. VT OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the OWNER at the Lake Lewisville Water Production Plant site ARTTCT.F. VTT RESPONSIBILTIES OF OWNER The completion of this Project requires several requirements to be completed by the OWNER These requirements are critical to the completion of the Project and in meeting the schedule set forth in Exhibit B The following items are the responsibility of the OWNER 1 For Phase I of the Project, all equipment installation, wumg and conduit requirements for installation and operation of equipment, connection of all wires for a fully operational SCADA system, panel installation, console purchase and installation, computer purchase and installation, and any other construction requirements for the complete installation of the SCADA system This includes but is not limited to all items identified in the CONSULTANT'S proposal under Item 4 - Proposed Level of Utilization 5\Owm=WWQnwcWWl RWWM W.Mu M=U be PSA LOMM116 WV T=1$0 kd% t 0 Page 4 of 11 2 For Phase II of the Project, all equipment installation, wiring and conduit requirements for installation and operation of equipment, connection of all wires for a fully operational Backwash Filter Automation system, backwash filter panel (eight total) and console modifications, level transmitter purchase and installation, and any other construction requirements for the complete installation of the backwash filter automation system 3 Attendance at factory tests for all constructed panels to provide acceptance 4 Acceptance of all responsibility of equipment upon delivery to the OWNER 5 Secured storage of equipment upon delivery to the Project site 6 Any delay in schedule caused by the OWNER that affects the overall completion date of the Project will result in a reasonable extension of this Agreement and compensation to the CONSULTANT for any additional expenses incurred in the areas of labor, direct expenses and indirect expenses These costs shall be negotiated in good faith by the OWNER and CONSULTANT and shall be added to this Agreement by appropriate change order and/or amendment Delays include and are not limited to incomplete information on the verification process for development of software, failure to finish system construction in the scheduled time, and lack of access to the Project plant site ARTTCT.F. VTTf OWNERSHIP OF DOCUMENTS All documents prepared or fimushed by the CONSULTANT (and any of CONSULTANT'S subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of thus Agreement CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project and OWNER'S use of these documents in other projects shall beat OWNER's sole risk and expense In the event OWNER uses the Agreement in another project or for other purposes than those purposes specified herem, regarding any of the information or materials developed pursuant to this Agreement, CONSULTANT shall be released from any and all liability relating to their use in that project ARTTCLF. TX INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansmg from employee status ARTICLE X INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, to the extent caused by the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, subcontractors, subconsultants, attorneys, and/or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a S10uo ammm~ UKYW0lMmlSOmmP WaU Am uN PSA LnAMIIe WWTW1 S=kdtl Page 5 of 11 party to this Agreement and nothing herein shall waive any of the parties' defenses, whether at law or in equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved by the parties hereto ARTTCT F XT INSURANCE During the performance of the Basic Services and any Additional Services performable under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carvers of at least an "A-" or above A Commercial General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $500,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to evidence such insurance coverage The Commercial General Liability and the Automobile Liability insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and such policies shall contain a provision that such insurance shall not be cancelled or modified without at least thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, firmishing at least the same policy limits and coverage, to OWNER ARTICLE XTT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XTTT TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty (30) days advance written notice to the other party hereto S10urttooummulfnovuu10b1A1awµmay WO. Atoms. W. PSA Lew 11. WUT ls=k t 2 Page 6of11 B This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If tlus Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termmation The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for any continuation of services on this Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant, when reasonably requested by OWNER to do so If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ART CT F XTV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of them designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants ARTTCLF' XV NOTICES All notices, communications, and reports required or penmtted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein 3 tAUe Oocem®ulcenwcuWmMOOtyommy Wmmu nmvlam Nc PSA Lewbvillc WvT tSCAD Page7ofII t 3 To CONSULTANT To OWNER Montgomery Watson Americas, Inc City of Denton, Texas Andrew T Cronberg, Business Unit Manager Michael W Jez, City Manager 7601 Flagstone 215 East McKinney Fort Worth, Texas 76118 Denton, Texas 76201 Fax (817) 284-7693 Fax (940) 349-8596 All notices given under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given ARTICLE ENTIRE AGREEMENT Tlus Agreement consisting of eleven (11) pages and three (3) Exhibits constitute the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVT SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision wluch comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVM COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTTCT.F XTX DISCRIMINATION PROHIBITED In performing the services required 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 ARTTCT E. XX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required SWu, WCUmeou1C011VYUWPMOpISPmpT WNOn A Mvurl loo PSA Lew He WV Tual SGNA.Sx 14 Page 8 of 11 to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and pemutted under applicable State and local laws to perform such services ARTTCTR XXT ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER in writing of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XXTT MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto arising out of, or affecting this Agreement, or the nghts or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXTTT MISCELLANEOUS A The following Exhibits are attached to, incorporated herewith by reference, and are made a part of this Agreement for all purposes pertinent Exhibit "A" - "Scope of Services" Exhibit "B" -'Project Schedule" Exhibit "C" - "Schedule of Fees" B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct exammations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits S\Ow Wcum=M\ avwW001MoutMW W.= Ammcu NC PSA LewIw1114 Wv TMt SC XD i C Page 9 of I I C Venue of any suit or cause of action under this Agreement shall he exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the Project Manager shall be Andrew Cronberg, Principal, and the key person who will perform, lead, and direct most of the work for the Project Team will be Pete Langraff, Project Engineer This Agreement has been entered into with the understanding, expectation, and the OWNER's reliance, that the above- stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project Any proposed changes regarding the change of the Project Manager or other key personnel, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herem shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herem, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work being carved on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information fiumshed to it by OWNER without the need for further mquuy or investigation into such information G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly authorized City Manager, and CONSULTANT has executed this Agreement by and through its duly authorized undersigned officer on this the day of 2000 "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By Michael W Jez, City Manager s wv WummWCOnwoWIXMlopl,omvy WW ft cUN PSA LammlinW Tim16C kd= Page 10 of 11 s ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" MONTGOMERY WATSON AMERICAS, INC A California Corporation' By ATTEST By ,PRIGINAL. S ~w DOCUmwu\Cavwcu`APMOOyomuy WNm AU u WP9MLVUmIIe WV TWA 8CMAEx 17 Page 11 of 11 EXHIBIT A SCOPE OF SERVICES For Lake Lewisville Water Production Plant City of Denton, Water Utility Instrumentation and Control Project Phase I - SCADA System PROJECT DESCRIPTION The scope of work to be provided by Montgomery Watson Americas, Inc ("Montgomery Watson") includes all engineering services for the replacement of segments of the existing SCADA system for the Lake Lewisville Water Production Plant Included are the Lake Lewisville Raw Water Pumping Station, McKenna Park Pump Station, Lake Lewisville Treatment Plant High Service Pumps and the High School and Peach Street elevated tanks The purchase and supply of SCADA equipment is also included in this Project Process variables and analyzer signals located in the Water Treatment Plant Control Room shall also be added to the new system Additional Exhibits 1 Exhibit B -Project Schedule 2 Exhibit C - Schedule of Fees 3 Exhibit D -Water Production SCADA System, Block Diagram This scope of work is divided into five primary Tasks Task 1 Project Management Task 2 Engineering Services Task 3 SCADA System Equipment Task 4 System Training Task 5 Maintenance and Warranty Services TASK 1- PROJECT MANAGEMENT Project Management shall include the following major tasks and sub-tasks Task 1A Project Management 1 Mobilization of team personnel and conduct initial meeting with Denton utility staff The Engineer shall coordinate with Denton utility the initial kick-off meeting This meeting Exhibit A Page 1 of 10 18 shall include key members of the Project Team and Denton utility Agenda items shall include • Communication issues • Project Scope • Project Schedule • Meeting formats • Deliverables • Data sources • Data Structures for deliverables • Data Retrieval Coordination 2 Provide general Project administration throughout duration of the project 3 Provide for procurement of all equipment and subcontracting requirements Task 1B Project Schedule 1 Develop and maintain a Project schedule Identify milestones and transition points 2 Update schedule on every other month meeting basis TASK 2 - ENGINEERING SERVICES Engineering services are provided throughout the Agreement and include design, software development, and construction services The tasks are as follows Task 2A - SCADA System Design Services 1 Montgomery Watson shall provide termination drawings for existing I/O to be connected to the system PLC/RTU equipment The termination drawings are to be used by the City's electrical staff to connect all field devices, power circuits and communication lines to the new SCADA equipment Montgomery Watson shall provide on-site assistance during the installation of this equipment 2 After field termination is complete Montgomery Watson shall test and start-up the PLC programs Any programs shall be modified to correct any areas that do not meet the design criteria 3 Montgomery Watson shall provide cabling and communication diagrams for connecting Workstation computers, printers, modems, converters and communication room equipment Exhibit A Page 2 of 10 19 Task 2B - High Service PLC Program Montgomery Watson shall design the PLC for the High Service Pump Station to remotely control the finish pumps and discharge valves, monitor existing feed rates, tank levels and process variables and process statuses Task 2C - Lake Lewisville Raw Water Pump Station PLC Program Montgomery Watson shall design the PLC for the Raw Water Pump Station to remotely control the pumps and valves, dosage feed the potassium permanganate and monitor existing process variables and process statuses Task 2D - McKenna Park Booster Pump Station PLORTU Montgomery Watson shall design the PLC for the McKenna Park Booster Pump Station to remotely control the booster pumps and valves, dosage feed the chlorine and monitor existing process variables and process statuses Task 2E - Screens, logging, reports, trends Montgomery Watson shall configure the Workstations, Printers and prepare the Water Production Summary Report and computer screens for the following plant supervisory review and plant processes for the complete system Screens 1 Level 1 (three screens) - plant overview 2 Level 2 (four screens) - plant process areas 3 Level 3 - process or site specific • Raw Water PS (one screen) • McKenna PS (one screen) • Chemical Feed (one screen) • Operating Process Data (two screens) • Elevated Tanks (two screens) • High Service Pump Station (one screen) • Finish Water (one screen) • Clearwell (one screen) • Electric Power (two screens) TASK 3 - SCADA SYSTEM EQUIPMENT Task 3A - Control Center Hardware The City of Denton will be supplying and installing the operator console and computer equipment for the Control Center These computers shall be Dell Precision Workstation 420's Exhibit A Page 3 of 10 20 configured in a hot-backup configuration for use as Operator Workstations The City of Denton shall also supply and install HP LaserJet Printers to be used for recording alarms and report generation These workstations, printers and Ethernet switches will be connected with a UPS capable of two-hour emergency operation Montgomery Watson shall provide three UPS'S for back-up power to keep the plant SCADA system operational One UPS shall provide back-up power to the SCADA Node Workstation and the Color Report Printer Another UPS shall be used to keep the SCADA Client Node Workstation and the Alarm Printer provided with back-up power The third UPS shall provide power to the Ethernet switch and any other associated communication equipment Both of the Workstations shall have SCADA node capabilities, one shall be primary SCADA node, and the other shall be SCADA client and backup SCADA node The Operator Workstation shall include the RS-485, RS-232, Network interfaces and fiber optic converter to communicate with the RTU/PLCs, analyzers, monitors and network switch This equipment will be designed to be housed in an Evans Console per City specifications Task 3B - High Service PLC/RTU A new High Service PLC/RTU with enclosure shall be provided to interface to the existing 1/0 in the pump room and the process variables and analyzer signals in the Control Room The new PLC/RTU shall be located in the pump room on the Southwest wall opposite the chlorine room The new PLC/RTU shall be a Control Microsystems SCADAPak Included in the enclosure shall be the leased-line modems for the remote communications with the Lake Lewisville Raw Water and McKenna Park Pump Stations A fiber optic converter shall be provided for communications to the Operator Workstations The PLC, modems and converter shall be mounted and prewired with power supply, UPS, circuit breaker and fused terminal The existing High Service RTU enclosure shall be used as a marshaling panel A new subpanel with new terminal blocks shall be provided for connecting new wiring to existing wiring Task 3C - Lake Lewisville Raw Water Pump Station PLC/RTU A new PLC/RTU shall be provided for interfacing existing field 1/0 at the Lake Lewisville Raw Water Pump Station The existing enclosure shall be used A lease-line modem shall be provided for communication to the Operator Workstations The PLC and modems shall be mounted and prewired to a new subpanel with power supply, UPS, circuit breaker and fused terminal Task 3D - McKenna Park Booster Pump Station PLC/RTU A new PLC/RTU with enclosure shall be provided for interfacing existing field 1/0 at McKenna Park Booster Pump Station The PLC and modems shall be mounted and prewired to a new subpanel with power supply, UPS, circuit breaker and fused terminal This enclosure should be installed between the two existing control panels Task 3E - Spare Parts and PLC Programming Software One spare module for each type of Control Microsystem component shall be provided Control Microsystems TelePac Ladder Logic programming software shall be provided Exhibit A Page 4 of 10 21 Task 3F - Equipment Warranty All equipment provided shall have a one-year warranty from date of start-up Maintenance replacement of warranted equipment is described in the Maintenance and Warranty section TASK 4 - SYSTEM TRAINING Montgomery Watson shall prepare a training class for operators and maintenance personnel for the use of the new SCADA system Included in the course will be training materials and specific software handbooks Task 4A - Training 1 Montgomery Watson shall provide operations and maintenance training on the new SCADA system The operations training shall consist of an operator's orientation class that shall explain the features of the system The class shall be four hours long for up to eight students 2 The maintenance training shall consist of a class on PLC programming and HMI software configuration The PLC program class shall review the specific PLC programs developed for this Project The HMI configuration class shall review the specific database and screens developed for this Project This class shall be eight hours for up to six students Task 4B - Manuals 1 Montgomery Watson shall provide Operation and Maintenance manuals for the new SCADA system Six sets of manuals shall be furnished The operations manual shall explain the features of the system This manual shall include printed copies and written descriptions of the specific screens developed for this Project 2 The maintenance manual shall include sections on both hardware and software The hardware section shall include a copy of the PLC manufacturer's maintenance manual and a copy of all drawings furnished with the Project The software section shall include annotated copies of the PLC programs and complete descriptions of the HMI software configuration TASK 5 - MAINTENANCE AND WARRANTY SERVICES Montgomery Watson shall provide on-site warranty service for one year after final acceptance The on-site service shall include up to twelve days, three days per quarter The twelve days may include required and requested programming changes or warranty replacement If the twelve days are not used for warranty items, the City may request the remaining days be used for additional training or for system enhancements Exhibit A Page 5 of 10 22 Phase II - Backwash Filter Automation PROJECT DESCRIPTION The Project consists of providing equipment and services to automate the sixteen (16) filters at the City of Denton's Lake Lewisville Water Treatment Plant ("WTP") The new equipment shall provide automatic backwash sequencing of the filters, influent channel level control, filter rate of flow control, filter head loss monitoring, filter turbidity monitoring, individual filter level and backwash rate of flow control One new PLC per filter console (eight total) and a master auto/manual switch shall be installed for each filter (sixteen total) The auto/manual switch shall allow the existing hand control switches or the new PLC to control the filter valves Each filter PLC shall include an automatic backwash sequence The backwash flow signal and pump control shall be connected only to PLC 1 This PLC shall transmit the flow signal to the other PLCs and receive backwash pump run commands from the individual PLC sequences The existing backwash flow indicators on the filter consoles shall remain in service The two existing influent channel level transmitters shall be wired to the PLCs for console one and console eight These two PLCs shall perform a level control algorithm and shall digitally transmit a filter rate of flow setpoint to the PLCs for filters one through eight and nine through sixteen respectively The individual filter PLCs shall control the effluent rate of flow The existing level and flow indicating controllers shall remain but will be utilized for indicating only The new PLCs and the existing Hach turbidity analyzers shall be connected to a computer for filter monitoring and control The City of Denton shall provide the existing Intellution HMI development, run time software license and the computer for the system The software shall be configured to commumcate with turbidity analyzers and the PLCs and graphic screens developed to show a filter overview and detail screens for each filter This scope of work is divided into five primary Tasks Task 1 Project Management Task 2 Engineering Services Task 3 Backwash Filter Equipment Task 4 System Training Task 5 Maintenance and Warranty Services TASK 1 - PROJECT MANAGEMENT Project Management shall include the following mayor tasks and sub-tasks Task I.A. Project Management Exhibit A Page 6 of 10 23 1 Mobilization of team personnel and conduct initial meeting with Denton utility staff The Engineer shall coordinate the initial kick-off meeting with Denton Municipal Utilities ("DMU") This meeting shall include key members of the Project Team and DMU Agenda items shall include • Communication issues • Project Scope • Project Schedule • Meeting formats • Deliverables • Data sources • Data Structures for deliverables • Data Retrieval Coordination 2 Provide general project administration throughout duration of the Project Task 1B Project Schedule 1 Develop and maintain a Project schedule Identify milestones and transition points 2 Update schedule on every other month meeting basis TASK 2 - ENGINEERING SERVICES Engineering services are provided throughout the Agreement, and include design, software development and construction services The tasks are as follows Task 2A - Design Services 1 Montgomery Watson shall provide engineering services to furnish design drawings for the filter automation project All drawings shall be furnished in an electronic format with six C-size final hard copies The following drawings shall be furnished • Filter P&IDs • Filter control wiring schematics • Communications wrong diagram • Filter console equipment mounting details Task 2B - Software Programming and Configuration Services 1 Montgomery Watson shall provide PLC programmung and HMI software configuration services for a complete and operable filter automation system All programming and configuration shall be fully documented ExhibitA Page 7 of 10 24 2 The PLC programs shall include the following A Filter influent channel level control (PLC one and sixteen only) B Filter flow setpomt communications C Filter rate of flow control D Filter head loss monitoring E Filter backwash sequencing F Filter backwash rate of flow control G Backwash pump start/stop control (PLC one only) H Backwash pump required/ran communications I Backwash flow monitoring (PLC one only) J Backwash flow rate communications K Filter Level Indication 3 The HMI software configuration shall include the following A Communications interface to the filter PLCs B Communications interface to the existing Hach filter turbidity analyzers C Signal database development D Level 1 (one screen modification) E Level 2 (one screen) - filter overview F Level 3 - detail screens • Filter process screen (sixteen screens) • Filter configuration screen (one screen) • Filter setpomt screen (one screen) • Backwash Return Process (one screen) • Backwash Pump Process (one screen) • Filter trend screen (one screen) 4 Montgomery Watson will provide system programming for two reporting functions A TNRCC monthly reports B Maintenance reports Task 2C - Testing and Start-up Services 1 Montgomery Watson shall provide testing and start-up services to put the filter automation system in operation The tests shall include the 1/0 signal tests (from field devices through the HMI), PLC programs, data communications and HMI screens A record of all tests performed shall be furnished to the City Montgomery Watson shall note discrepancies of existing equipment for correction by the City of Denton 2 After the testing for each filter has been completed, the filter shall be put into automatic operation Switch over Start-up of each individual filter shall be completed before work on the next filter is begun Exhibit A Page 8 of 10 25 Task 2D - Work by City of Denton 1 City of Denton electrical staff shall perform all installation work on-site This shall include furnishing conduit, wire, terminations, and miscellaneous materials necessary for the complete installation of the filter automation system 2 City of Denton staff will be required to dismantle the existing control system and prepare the panels for all equipment installation 3 The City of Denton shall supply and install all level transmitters and mounting brackets and associated hardware for proper installation 4 Montgomery Watson shall only provide installation guidance and answers to installation questions on an as-needed basis TASK 3 - BACKWASH FILTER EQUIPMENT Montgomery Watson shall provide for procurement of all equipment and subcontracting requirements This equipment shall be delivered to the Project site Task 3A - System Equipment 1 Montgomery Watson shall furnish the following equipment to the City of Denton for installation at the Lake Lewisville Water Treatment Plant by City of Denton personnel for taus Project • 8 Control Microsystems P1-200-01-0-1 -PLC • 8 Control Microsystems 5403 - DI module - 8pt • 10 Control Microsystems 5407 - DO modules - 8 pt • 8 Control Microsystems 5103 - power supply • 8 Control Microsystems ACX-24 -120V/24V transformer • 16 Auto/Manual hand switches • 2 Black Box FORS - 485 - converters Task 3B - Spare Parts 1 Montgomery Watson shall furnish the following spare parts • 1 Control Microsystems P1-200-01-0-1 - PLC • 1 Control Microsystems 5403 - DI module - 8pt • 1 Control Microsystems 5407 - DO modules - 8 pt Exhibit A Page 9 of 10 26 TASK 4 - SYSTEM TRAINING Montgomery Watson will provide training and manuals for the backwash filter system Task 4A - Training 1 Montgomery Watson shall provide operations and maintenance training on the new filter automation system The operations training shall consist of an operator's orientation class that shall explain the features of the system and how the filters are controlled through the computer The class shall be four hours long for up to eight students 2 The maintenance training shall consist of a class on PLC programming and HMI software configuration The PLC program class shall review the specific PLC programs developed for this Project The HMI configuration class shall review the specific database and screens developed for this project This class shall be eight hours for up to six students 3 The PLC program and HMI configuration class assumes that the students are versed in the basics of the PLC programming and configuration software Basic training for these software packages is available from the manufacturers Task 4B - Manuals 1 Montgomery Watson shall provide Operation and Maintenance manuals for the new filter automation system Six sets of manuals shall be furnished The operations manual shall explain the features of the control system and how the system is controlled through the computer This manual shall include printed copies and written descriptions of the specific screens developed for this Project 2 The maintenance manual shall include sections on both hardware and software The hardware section shall include a copy of the PLC manufacturer's maintenance manual and a copy of all drawings furnished with the Project The software section shall include annotated copies of the PLC programs and complete descriptions of the HMI software configuration TASK 5 - MAINTENANCE AND WARRANTY SERVICES Montgomery Watson shall provide on-site warranty service for one year after final acceptance The on-site service shall include up to six days service The six days may include required and requested programming changes or warranty replacement If the six days are not used for warranty items, the City may request that the remaining days be used for additional training or system enhancements S \Our Documents\Contmcts\00\Montgomery Watson Americas Inc PSA Exhibit A doc Exhibit A Page 10 of 10 27 City of Denton Water Utilities New SCADA System Project Schedule EXHIBIT B 2000 2001 SCADA Phase I Activity OV DEC I JAN FEB MAR APR AY 0000 TICE OTO PROCEED 0100 -DESIGN 0110 KICK-OFF MEETING 0120 60% DESIGN DOC PREPARATION 0130 60% SUBMITTAL 0140 CITY REVIEW 0150 60% REVIEW MEETING 0160 FINAL PLANS 0170 FINAL SUBMITTAL 0200 - EQUIPMENT DELIVERY 0210 P 0 FOR EQUIPMENT 0220 ELIVER EQUIPMENT 0300 INSTALLATION 0310 VERIFY EXISTING 0320 INSTALL CONDUIT AND WIRE 0330 INSTALL NEW EQUIPMENT 0400 -PROGRAMMING 0410 RTU PROGRAMMING 0420 SCADA PROGRAMMING 0430 CITY REVIEW GRAHICS 0440 STARTUP 0450 FINAL DOCUMENTATION 0500 -'0 & M TRAINING 0510 OPERATION TRAINING 0510 MAINTENANCE TRAINING 0530 FINAL REVIEW FOR TRAINING 0600 RECORD DRAWINGS 0610 PREPARE RECORD DRAWINGS I FT_ 0620 SUBMIT RECORD DRAWINGS Flit r Automation Phase It Activity 1000 NOTICE TO PROCEED 1100 . DESIGN 1110 KICK-OFF MEETING 1120 90% DESIGN DOC PREPARATION 1130 90% SUBMITTAL 1140 CITY REVIEW 1150 90% REVIEW MEETING 1160 FINAL PLANS 1170 FINAL SUBMITTAL 1200 EQUIPMENT DELIVERY 1210 P 0 FOR EQUIPMENT 40 1220 ELIVER EQUIPMENT 1300 INSTALLATION 1310 VERIFY EXISTING 1320 INSTALL NEW EQUIPMENT 1400 .PROGRAMMING 1410 PLC PROGRAMMING 1420 SCADA PROGRAMMING 1430 CITY REVIEW GRAHICS 1440 STARTUP 1450 FINAL DOCUMENTATION 1500 - 0 & M TRAINING 1510 OPERATION TRAINING 1510 MAINTENANCE TRAINING 1530 FINAL REVIEW FOR TRAINING 1600 -RECORD DRAWINGS 1610 PREPARE RECORD DRAWINGS 1620 BMIT RECORD DRAWINGS NOTESUHIS SCHEDULE ASSUMES NOTICE TO PROCEED BY November 1 2000 28 EXHIBIT C Schedule of Fees The Basic Engineering Services Fee shall provide compensation for all tasks identified in Exhibit A, as required for the completion of this Project Fees for Phase I are to be separated into two categories Basic Engineering Fee, and Equipment The fees for Phase H are to be separated into three categories Basic Engineering Services Fee, Equipment, and Reports 1 The Basic Engineering Service for Phase I will include all engineering services in Exhibit A The basis for compensation shall be lump-sum payments The total maximum Basic Engineering Services Fee shall be One Hundred Twelve Thousand Seven Hundred Sixty Six Dollars ($112,766 00) 2 The basis for compensation for Phase I Equipment is for equipment to be supplied to the City of Denton for their installation on the Project The total cost for the equipment is to be Fifty-Seven Thousand Fifty Dollars ($57,050 00) 3 The Basic Engineering Service for Phase H will include all engineering services in Exhibit A The basis for compensation shall be lump-sum payments The total maximum Basic Engineering Services Fee shall be One Hundred Eight Thousand Three Hundred Twenty-Nine Dollars ($108,329 00) 4 The basis for compensation for Phase II Equipment is for equipment to be supplied to the City of Denton for their installation on the Project The total cost for the equipment is to be Twenty-Eight Thousand Three Hundred Seventy Dollars ($28,370 00) 5 The basis for compensation for Phase 11 Reports is for the development of report formats on the SCADA system for the lump sum price of Eight Thousand Seven Hundred Twelve Dollars ($8,712 00) Exhibit C Page 1 oft 29 6 The Total Engineering Fee shall be the sum of the Basic Engineering Services Fee, Equipment, and Reports for both Phases of the Project The Total Engineering Fee for this Agreement shall not exceed Three Hundred Fifteen Thousand Two Hundred Twenty-Seven Dollars ($315,227 00) unless agreed to by both parties for additional engineering services or equipment to be provided Fee Table Phase I - SCADA System Basic Engineering Services Lump-Sum 1 $112,766 Equipment Lump-Sum 1 57,050 Subtotal $169,816 Phase II - Backwash Filter Automation Basic Engineering Services Lump-Sum 1 $108,329 Equipment Lump-Sum 1 $ 28,370 Reports Lump-Sum 1 8,712 Subtotal $145,411 Project Total $315,227 S \Our Dcuments\Contracts\OMMontgomery Watson Annencas Inc PSA-Exhibit C doe Exhibit C Page 2 of 2 30 Agenda k- - & ~ g Agenda Item !F 7- AGENDA INFORMATION SHEET Date OO AGENDA DATE November 7, 2000 DEPARTMENT Airport ACM Jon Fortune, Public Safety and Transportation Operations r SUBJECT Consider adoption of an ordinance approving a commercial operator airport lease agreement between the city of Denton, Texas and Ron Gowan, and providing an effective date BACKGROUND Mr Ron Gowan wishes to lease 2,250 square feet of land at the Denton Municipal Airport Mr Gowan intends to construct a hangar facility with approximately 2,000 square feet for the purpose of providing general aviation storage for his aircraft and two additional aircraft The facility will be constructed on an airport development site with reduced infrastructure improvements RECOMMENDATION The Airport Advisory Board and Airport Staff recommends the approval of this lease agreement ESTIMATED SCHEDULE OF PROJECT If approved, the ordinance becomes effective November 8, 2000 and continues through the 7h day of October 2030 PRIOR ACTION/REVIEW The Airport Advisory Board recommends approval of the amendment FISCAL INFORMATION The lease rate for the Southeast Development site $0 08 per square foot The lease will generate $180 00 per year in airport revenue 1 EXHIBITS Ordinance Lease Agreement Respectfully submitted Jon rtun , A M Pub Safety Transportation Operations Prepared by z z ark elson Airport Manager z S bur McuaiwuIb uiwWWRon Gewun MWp Lcuec Loc ORDINANCE NO AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND RON GOWAN, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager or his designee is hereby authorized to execute a airport lease agreement for commercial operator between the City of Denton and Ron Gowan, in substantially the form of the Airport Lease Agreement which is attached to and made a part of this ordinance for all purposes SECTION 2 This ordinance 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 3 AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § This lease is made and executed this day of 2000, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and a Mr Ron Gowan having his principal offices at 316 Darrell Road, Roanoke, Texas 76262, hereinafter referred to as "Lessee" WITNESSETH WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas, and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon, and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows I CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING A PRINCIPLES OF OPERATIONS The right to conduct aeronautical and related activities for furnishing services to the public is granted to Lessee subject to Lessee agreeing 1 To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and 2 To charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers B NON-DISCRIMINATION Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that 1 No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation 4 in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, 2 In the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, 3 Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended C RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT It is clearly understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform D NON-EXCLUSIVE RIGHT It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U S C Appendix §1349 E PUBLIC AREAS 1 Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance 2 Lessor shall be obligated to maintain and keep in good repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard 3 During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended 4 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport 5 necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation 5 This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport II LEASED PREMISES Lessor, for and in consideration of the covenants and agree- ments herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas A Land A tract of land, being approximately 2,250 square feet, or 0 052 acres, drawn and outlined on Attachment "A" as Lot 9, and legally described in Attachment "B," such attachments being incorporated herein by reference Together with the right of ingress and egress to said property, and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified within Attachment "B", including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor B IMPROVEMENTS PROVIDED BY LESSOR NONE There will be no improvements provided by Lessor, except as set forth in Article II E "Access to Utilities" below For the purpose of this Agreement, the term "Lessor improve- ments" shall mean those things on or adjacent to the Premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, the value or quality of the leased land or property Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor C IMPROVEMENTS PROVIDED BY LESSEE On Lot 9, Lessee shall construct a hangar/office facility not less than 1,800 square feet 6 the proposed hangar as well as other improvements as determined necessary by City ordinances Taxiway access shall be constructed to meet a 15,000 pound continuous use weight bearing capacity Said improvements shall be completed not less than 365 days from the date of this agreement D EASEMENTS Lessor and Lessee by mutual agreement may establish, on the leased premises, easements for public access on roads and taxiways E ACCESS TO UTILITIES Lessor represents that there are water and 3-phase electricity lines within three hundred feet (3001) of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises III TERM The term of this Agreement shall be for a period of thirty (30) years, commencing on the 8th day of November, 2000, and continuing through the 7th Day of November, 2030 , unless earlier terminated under the provisions of the Agreement Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expiration of any additional renegotiated period Lessee has the option to renew for one (1) additional ten (10) year term The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport IV PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees A LAND RENTAL Lessee shall pay to the Lessor for the use and occupancy of the Premises the sum of eight cents ($0 08) per square foot per year, for a total of $180 00 per year and shall be due and payable in two equal installments in the sum of ninety ($90 00) dollars each six months, with the first payment to be made upon execution of this lease and the second payment due on or before May 1, 2001 Thereafter, payments shall be due on November 1 and May 1 of each year of the Lease Notwithstanding the foregoing, the annual lease rental to be reduced by the current lease rate per square foot, times the number of square feet comprising all easements established in accordance with Article II(D) B LESSOR IMPROVEMENTS RENTALS NONE There are no Lessor improvements on the leased premises C PAYMENT, PENALTY, ADJUSTMENTS All payments due Lessor from 7 Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton, Accounts Receivable, 215 E McKinney, Denton, Texas, unless otherwise designated in writing by the Lessor If payments are not received on or before the 15th, a five (5) percent penalty will be due as of the 16th If payments are not received by the 1st of the subsequent month, an additional penalty of one (1) percent of the unpaid rental/fee amount will be due A one (1) percent charge will be added on the 1st of each subsequent month until the unpaid rental/fee payment is made Failure to pay the rent or penalty amounts on delinquent rent shall constitute an event of default of this lease The yearly rental for land and improvements herein leased shall be readjusted at the end of each one (1) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this lease The original land rental amount is based upon the formulae set forth in Section IV A for the land herein leased Each rental adjustment, if any, shall occur on the lst day of December, beginning 2001, and every year thereafter on such date The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV A by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this lease if the product of this multiplication is greater than the minimum yearly rent as set forth in Section IV A , Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV A , there shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent The adjustment shall be limited so that the annual rental payment determined for any given year shall not exceed the annual rental payment calculated for the previous year by more than ten (10) percent If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (a) above, but substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U S City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region If both the CPI-U for the Dallas-Fort Worth geographical 8 region and the U S City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor V RIGHTS AND OBLIGATIONS OF LESSEE A USE OF LEASED PREMISES Lessee is granted the non- exclusive privilege to engage in or provide the following 1 Hangar Leases and Rental The rental or lease of hangars and hangar space and related facilities upon the leased premises 2 Office Space Lease or Rental The rental or lease of office space in or adjoining Lessee's hangars 3 Aircraft and Storage To provide storage of both Lessee's and sublessees' aircraft and aviation related equipment and supplies upon or within the leased premises Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement The use of the leased premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or in- dustrial activities having to do with or related to airports and aviation No person, business or corporation may operate a commer- cial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services B STANDARDS Lessee shall meet or exceed the following standards 1 Address Lessee shall file with the Airport Manager and keep current his mailing addresses, telephone numbers and contacts where he can be reached in an emergency 2 List Lessee shall file with the Airport Manager and keep current a list of his tenants and sublessees 3 Conduct Lessee shall contractually require his employees and sublessees (and sublessee's invitees) to abide by the 9 terms of this agreement Lessee shall promptly enforce his contractual rights in the event of a default of such covenants 4 Utilities, Taxes and Fees Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed 5 Laws Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits 6 Maintenance of Property Lessee shall be responsible for the maintenance, repair and upkeep of all property, build- ings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectional matter or thing Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation 7 Painting of Buildings During the original term of this Lease and during each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the premises be reviewed by the Airport Advisory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary If the Airport Advisory Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council The Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessors specifications (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painted, if needed ) Lessee shall complete the painting in accordance with such specifications within one (1) year of receipt of notice from lessor Lessee agrees to pay all costs and expense involved in the hangar or building painting process Failure of Lessee to complete the painting required by Lessor's City Council within one 10 (1) year period shall constitute Lessee's default under this Lease 8 Unauthorized use of premises Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein 9 Dwellings It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises 10 Quit Possession Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted 11 Hold Harmless Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises 12 Chemicals Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues, to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products, and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints 13 Hazardous Activities Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s) In such event, Lessor shall have the right to demand that corrective 11 action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said correc- tions within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process D SIGNS. During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the leased Premises signs identifying Lessee Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport Lessor's approval shall not be withheld unreasonably Said signs shall be maintained in good repair throughout the term of this agreement Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof VI COVENANTS BY LESSOR Lessor hereby agrees as follows A PEACEFUL ENJOYMENT That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted, B COMPLIANCE Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport, Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing VII SPECIAL CONDITIONS 12 It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions A RUNWAYS AND TAXIWAYS That because of the present fifteen thousand (15,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of fifteen thousand (15,000), until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result VIII LEASEHOLD IMPROVEMENTS A REQUIREMENTS Before commencing the construction of any improvements upon the premises, Lessee shall submit 1 Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the leased premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport 2 All plans and specifications showing the location upon the premises of the proposed construction, 3 The estimated cost of such construction No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure Approval by the City Council shall not be unreasonably withheld, should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's 13 City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement B ADDITIONAL CONSTRUCTION OR IMPROVEMENTS Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII A , above C OWNERSHIP OF IMPROVEMENTS All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions 1 Removal of Buildings No building or permanent fixture may be removed from the premises 2 Assumption All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor 3 Building Life It is agreed that the life of the building to be constructed by Lessee on the property herein leased is thirty (30) years 4 Cancellation Should this lease be cancelled for any reason before the end of the thirty (30) year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (1/30) of the undepreciated value of such building for each year remaining on the agreed life of such building The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers IX SUBROGATION OF MORTGAGEE A Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, struc- ture, building or improvement shall, upon default of Lessee's 14 obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements B Lessee shall have the right to place a first mortgage lien upon the leasehold in an amount not to exceed eighty-five percent (85%) of the construction cost or current market value of the leasehold improvements X RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on the Airport However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction Construction in or at the easement shall be completed within a reasonable time XI ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes, provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise The provisions of this lease shall remain binding upon the assignees, if any, of Lessee XII INSURANCE A REQUIRED INSURANCE Lessee shall maintain continuously in 15 effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverage 1 Comprehensive general liability covering the leased premises, the Lessee or its company, its personnel, and its operations on the airport 2 Aircraft liability to cover all flight operations of Lessee 3 Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement 4 Liability insurance limits shall be in the following minimum amounts Bodily Injury and Property Damage One Million Dollars ($1,000,000) combined single limits on a per occurrence basis 5 All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy 6 All policies must be approved by the Lessor 7 The Lessor shall be provided with a copy of all such policies and renewal certificates During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor, provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insur- ance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements In the event that State law should be amended to require types 16 of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease XIII CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law, or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C 4 (Cancellation) hereof XIV CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes, (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach, (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty, or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as 17 aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time XV MISCELLANEOUS PROVISIONS A ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof Any change or modification hereof shall be in writing signed by both parties B BINDING EFFECT All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto C SEVERABILITY If a provision hereof shall be finally declared void or illegal by any court or administrative agency hav- ing jurisdiction, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties D NOTICE Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows 1 If to Lessor, addressed to City Manager City of Denton 215 E McKinney Street Denton, Texas 76201 2 If to Lessee, addressed to Mr Ron Gowan 316 Darrell Road Roanoke, Texas 76262 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt E HEADINGS The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement F GOVERNING LAW This Agreement is to be construed in accordance with the laws of the State of Texas G MEDIATION Prior to instituting suit in a court of 18 competent jurisdiction, the parties shall, in good faith attempt to settle any controversy or claim by any party hereto arising out of or relating to this Agreement by mediation in accordance with the laws and rules, then obtaining, of the State of Texas and the State Bar of Texas H NO WAIVER No waiver by Lessor or Lessee of any default or breach of covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Agreement I INDEPENDENT CONTRACTOR During all times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of the Lessor with respect to their acts or omissions hereunder For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or point venture between the parties IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written CITY OF DENTON, TEXAS, LESSOR BY Michael W Jez, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON, TEXAS BY Ron Gowan, Lessee 19 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of 2000 by LESSEE NOTARY PUBLIC, STATE OF TEXAS My Commission Expires 20 ATTACHMENT A S 88'53'12" E NW Corner -Concrete 6fanmenl Reference Bearing IR- ca NW Corner / -pf Southeast Airpor' AddiLon 2 J \ 1 O O IRF/cap 112 IRF ~s O O cc \ J 1 " = 30' LOCKHEAD LANE (Posted) Taxi Way 24 Asphalt ~ Q. ~o ~v} X1/2 IRF Bent P D,B 1/2 IRF, Bent 1/2" IRF Bent 'I V74E 50 12-- ' ~~O= 2 77 o I cop IRS/cap 2 85 G G C 8 LOT 7 Face of Building Y LOT 9 1 0 05 ACRES m it LOT 8 N N T W 1/2 IRF Ben! 1/2' IRF Bent T S 1 2 IRF Bent 1/2^ IRF Bent S V Zm ny in IRS/cap N 88191 W 80,12 IRS/cap 21 ATTACHMENT B w U [ 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Ro~~ T> U S HI hwr \ I mom' ~ F~a I 4 sus 'e 00 t Y s ~ 4 w N Sr• B w r I A A 3 s R al. LOCATION MAP 3 I -y 7 65.OC » I . ~-tom i ex 5/8" IR 5 58. 11TH 347 20 T' SET 5/8 IR SET 5/8' IR N 58^ 11 •36 W SET 5 REM = 0. 274 AC ` 120 00• C4 C3 I Fkf ST 440 RJQyY eOhN F eRq k SE? 51e IR of F , i-aR kqY R~q~ , ~ FSC 44e lp ra ry5H9EQL k o2s ♦ N ? 4). 4 yd~•p9~ i . 01, 0- riCQS9). ~ % v. tI^ y FNG 3/§P jq~ f 1/2` IR. f t 9 9A PART 0 SET 5/e ♦~l~G~ L \7// SHINER VOL. PG \ 5 8 [ R J~ 1880 S. F 9A QS1 Py \ 1468 RIGHT SOF F. IN WAY OF BONNIE PRESCRIPTIVE Q~G~Rl~~ \ BRAE ROAD R\ \ REM = 230.252 AC • SITE MAP + ^ , 4 Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Schein: Are there any other, nomimdons? If there are none, nominations are closed. We will vote on the nominees in the order of their nomination. I will list their name and then after I am through if you will raise your right hand if you are in favor. As many as are in favor of Jim Engeibrecht please raise your right hand. (Vote - 3) As many as are in favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Chair person by majority is Ellen Schertz. Thank you. For the second nominee we will be electing Vice-Chair person. The floor is open. Ms Apple: I would like to nominate Bob Powell Ms. Schein: Are there any further nominations? Mr Moreno- I would nominate Tim Engelbrecht. Ms Schertz: Are there any further nominadons9 Seeing none, nominations are closed As many as are in favor of Bob Powell, please raise your right hand (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell Congratulations III Consider approval of the minutes of the July 9, 1997 meeting Ms Schertz- Are there any corrections? Seeing none, the minutes will stand approved as written. N Consider making recommendation to the City Council for the acquisition of the Right-of- Way for U.S 377 from F.M. 2164 to I-35 Mr Powell That's.not 377 but is 77.-,- M Schertz You are correct 4t the mimrtes reflect that i Mr Powell I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to I-35 Ms Ganzer Second Ms Schertz- Is there any discussion All in favor, please raise your right hand Motion passes. (7-0) V Consider making recommendation to the City Council for the acquisition of the Right-of- Way for Lakeview Boulevard. Mr. Powell. I move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard. Mr. Eogelbrecht: Second. 5 S \Our Documents\Ordmances\00\Braewood Ordinance doe ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BRAEWOOD PARTNERS, LTD RELATING TO THE PURCHASE OF APPROXIMATE 0 0432 ACRE OF LAND BEING LOCATED IN THE NATHAN WADE SURVEY, ABSTRACT NO 1407 OF DENTON COUNTY TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract between the City of Denton and Braewood Partners, Ltd in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0 0432 acre of land for the U S Highway 77 Project, with title vesting in the State of Texas SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance 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, Y ATTORNEY BY 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between BRAEWOOD PARTNERS, LTD. (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by December 31, 2000 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price The purchase price for the Property shall be the sum of $500.00. An additional amount of $500.00 to be paid for fence replacement. A total purchase price of $1,000.00 to be paid to Seller. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the DISK 5 7 transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole coat and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as met forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Sscrow PAGE 2 8 Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of First American Title Insurance Company (formerly Dentex) on or before November 30, 2000, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). PAGE 3 9 CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "8° conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. 8. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be PAGE 4 10 limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception an to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, except for Seller's attorney fees. REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. PAGE 5 11 MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in PAGE 6 12 the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of 2000. SELLER PURCHASER BRAEWOOD PARTNERS, LTD. THE CITY OF DENTON, TEXAS BY: BY: NAME Michael W. Jez TITLE City Manager 215 E. McKinney Denton, Texas 76201 Approved as to Leg 1 Form: Herbert L rout City Attorney BY: V PAGE 7 13 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of 2000_ by Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of_ , 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas PAGE 8 14 EXHIBIT "A„ County 12enton Page l of 2 Highway S 77 March 31, 2000 Project Lirruts From I H 30 To U S 380 CSJ 0195-02 Acct Legal Land Description for Parcel 9A BEING 1,880 square feet of land, more or less, situated in the Nathan Wade Survey, Abstract Number 1407, Denton County, Texas and being part a tract of land described to John Linn Srruth and wife, Dorothy Smith, an undivided forty-four percent (44%), and to Dillon Francis Srruth and wife, Earla Joyce Smith, an undivided fifty-six percent (56%), by a Substitute Trustees Deed as recorded in Volume 3071 Page 89, Deed Records, Denton County, Texas, said 1,800 square feet of land being more particularly described by the metes and bounds as follows COMMENCING at a fence corner post being in a south line of said Smith tract of land and in the west prescriptive nght of way line of Bonnie Brae Road, THENCE South 88 degrees 49 minutes 10 seconds East along a south line of said Smith tract of land for a distance of 34 33 feet to an ell comer of said Smith tract of land and in the west line of a tract of land conveyed to Electronic Data Systems Corporation Retirement Plan and Trust by deed as recorded in Volume 1681 Page 867, Deed Records, Denton County, Texas in Bonnie Brae Road, THENCE North 00 degrees 54 minutes 02 seconds East along the common line of said Smith tract of land and said Electronic Data Systems tract of land and in Bonnie Brae Road for a distance of 1,859 30 feet to a P K nail and washer found in the new western right of way line of Bonnie Brae Road and being the POINT OF BEGINNING, (1) THENCE South 87 degrees 00 minutes 39 seconds West along the new western right of way line of Bonnie Brae Road for a distance of 40 42 feet to an iron rod with aluminum cap set at an angle point, (2) THENCE North 02 degrees 59 minutes 21 seconds West along the new western right of way line of Bonnie Brae Road for a distance of 46 49 feet to an iron rod with aluminum cap set in the common property line of Smith tract and a tract of land conveyed to T I 239 B Joint Venture by deed as recorded in Volume 2432 Page 21, Deed Records, Denton County, Texas, 15 I EXHIBIT "A" County Denton Page 2 of 2 Highway U S 77 March 31, 2000 Project Limits From I H 30 To U S 380 CSJ 0195-02 Acct Legal Land Description for Parcel 9A (3) THENCE South 88 degrees 36 minutes 24 seconds East along the common property line of said Smith tract of land and said T I tract of land passing at 10 44 feet the southeast comer of said T I tract of land and continuing along the northern line of said Smith tract of land of a total distance of 43 48 feet to a iron rod found at the northeast corner of said Smith tract of land and in the western line of said Electronic Data Systems tract of land and in Bonnie Brae Road, (4) THENCE South 00 degrees 54 minutes 02 seconds West along the common property line of said Smith tract of land and said Electronic Data Systems tract of land for a distance of 43 27 feet to the POINT OF BEGINNING and containing 1,880 square feet of land, more or less All bearings are on the Texas State Plane Coordinate System, North Central Zone, N A D 27 0 y P Q~~ • f ~9,, HAN COX . t . 5227 rn ~q SSI'. N~ SU 16 Texas Department of Tnasportation EXHIBIT "B" Fenn D-15-14 Page 1 of g Rev 9191 DEED THE STATE OF TEXAS COUNTY OF ► SNOW ALL MEN BY THESE PRESENTS- That, of the County of , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Dollars ) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, recent of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these resents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in County, Texas, more particularly described in Ex- lubit "A," which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit "A," to wit Grantors covenant and agree to remove the above-described improvements from said land by the day of ,19 , subject, however, to such extensions of time as may be granted by the State in writing, and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same, however, nothing in this reservation shall affect the title and tights of the State to take and use all other minerals and materials thereon, therein and thereunder 17 Texas Department of Transportation Form D-13.14 Page 2 of 3 Rev 9/91 TO HAVE AND TO HOLD the promises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever, and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and as- signs to Warrant and Forever Defend all and singular the said promises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof IN WITNESS WHEREOF, this instrument 1s executed on this the day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF ) BEFORE ME, the undersigned, a Notary Public, on this day personally appeared known to me (or proved to me on the oath of a credible witness,) to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that belshe/they executed the same for the purposes and consideration thereto expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19_ Notary Public, State of Texas My Commission expires an the day of , 19_ CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared of known to me to be the person and officer whose time is subscribed to the foregoing insuument and acknowledged to me that the same was the act of the said , a corporation, that he/she was duly authorized to perform the same by appropriate resolunoa of the board of directors of such corporation and that be/she executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19_ Notary Public, State of Taxes My Commission expires on the _day of , 19_ 18 Tema Department of T[aaaportation Porn D-13-14 Page 3 of 3 Rev 9191 After recording please return this instrument to: I N 'O U ti ~ O FFF~~-111 V W t_ W C a v ~ ~ o` as z ~z° E°• A _v a ~ a ~ -All A O :e u ~z IU m° o ~x~a1~aa CERTIFICATE OF RECORDING THE STATE OF TEXAS, ) COUNTY OF ) 19 Agenda No 0004'b- Agenda '1H1e'n 1. , AGENDA INFORMATION SHEET (]8d8 AGENDA DATE November 7, 2000 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and Denton Country Club, formerly known as the New Denton Country Club, relating to the purchase of a public utility easement, sanitary sewer easements and temporary construction easements in the F Daugherty Survey, Abstract Number 348 and the G Daugherty Survey, Abstract Number 351, Denton County, Texas and other considerations regarding the pending Graveyard branch Sanitary Sewer Project, authorizing the expenditure of funds therefore, and providing an effective date BACKGROUND Staff has been in recurring dialogue with the officers of Denton Country Club since the inception of the slated sanitary sewer project in the Fall of 1999 In March of this year we formally met the DCC officers and went over the project in abroad based perspective At that time City staff and our project design firm had not yet finalized out the specific alignment of the proposed sanitary sewer line The selection of the alignment is a detailed process requiring analysis of topographic impact (surface), depth of cuts (construction logistics), natural and man-made obstacles, nominal land values and impact of project to the land, and overall length of the project These items makeup the major components of such a study The task at hand is to minimize the cost of the overall project by selecting an alignment that inherently minimizes each component and still adhere to sound engineering practices and good form Over the course of the next several months we have furthered our dialogue with the Denton Country Club with several meetings at the site and worked out an acceptable alignment scenario through their property so as minimize the impact to the playable area, however, we will be affecting play periodically for a few months We are striving to complete the section of sanitary sewer line' within the playable area during the months of November and December 2000 and January 2001 These three months are typically the time of year in which golfing activities are lower than other times of the year The DCC General Manager, Stan Becker, has indicated the with the mild winters we have experienced in the last few years the DCC has not seen a significant reduction in play through those months, as he has seen in prior years with colder weather Early on, our approach with DCC has been to work cooperatively with them on this matter with the understanding that we would balance the public's interests with the project impacts to the golf course in a fair and equitable manner, tempered by the public necessity of the sanitary sewer infrastructure i In our most recent meeting we have come to terms on all of the identifiable issues and have included some nominal contingencies for unknown factors The attached draft agreement still requires some additional verbiage regarding "Right-of-Entry" for the pending project in Paragraph 12 In addition, the language in the easement documents are also being revised in respect to future entry to the easements and how that would be coordinated with DCC It is anticipated that the final versions of all the documents will be distributed at the City Council meeting RECOMMENDATION Staff supports approval of the agreement PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council closed session briefing on October 17, 2000 FISCAL INFORMATION $40,920 total easement value, plus $188,216 project impact mitigation to the course(restoration etc plus $72,944 lost play and concession for a 20 day of shutdown of course There is also a $30,400 contingency amount ($3,800 per day, maximum of 8 days) for additional days in which play and concession could be affected rec ill ubmi ted CLL Jerry C ark, erector ;Pre ared by Engmeenng & Transportation A 61L r i Paul Williamson Right-of-Way Agent 2 2 LOCATION MAP GRAVEYARD BRANCH EASEMENTS Denton Country Club 3 s wOoownuvwMinuicenomDCC oani as ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTRY CLUB, FORMERLY KNOWN AS THE NEW DENTON COUNTRY CLUB, RELATING TO THE PURCHASE OF A PUBLIC UTILITY EASEMENT, SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS IN THE F DAUGHERTY SURVEY, ABSTRACT NUMBER 348 AND THE G DAUGHERTY SURVEY, ABSTRACT NUMBER 351, DENTON COUNTY, TEXAS AND OTHER CONSIDERATIONS REGARDING THE PENDING GRAVEYARD BRANCH SANITARY SEWER PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I The City Manager is hereby authorized to execute an Agreement between the City and Denton Country Club, in substantially the form of the Agreement which is attached hereto and made a part of this ordinance for all purposes for the purchase of a public utility easement, sanitary sewer easements and temporary construction easements and other considerations regarding the Graveyard Branch Sanitary Sewer Project SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance 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 P TY, C ATTORNEY BY AGREEMENT AGREEMENT dated 2000 between the City of Denton ("City") and Denton Country Club, f/k/a The New Denton Country Club, Inc. ("Owner"). WITNESSETH: Whereas, Denton Country Club ("Owner") is the owner of certain land in Denton County, Texas which is being affected by the public improvement project called Graveyard Branch Sanitary Sewer ("Project"); and Whereas, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the installation of the proposed sanitary sewer line and appurtenances; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. For the purposes of this agreement the Halff Associates draft construction plans dated August 2000, sheets P8, P9, P10 and Pll are attached hereto as "Exhibit A" and made a part hereof by reference (the "Plans") The station numbers referenced in this Agreement refer to station locations set forth on the Plans. 2. At closing, the City shall pay OWNER $45,000 as payment in full for the restoration of all of the affected cart paths within the playable area affected by the Project and concrete rip-rap located in the proximate area of Station 78+84.15 manhole. The City and/or sanitary sewer line contractor shall be responsible for removing and disposing of all construction materials and construction waste products, including but not limited to affected cart path material. The $45,000 shall be deemed adequate consideration for not only rebuilding the impacted cart path and concrete rip rap area but also as full consideration for management, overhead, and warranties associated with the owner's request to solely manage cart path restoration Page 1 5 3. At closing, the City shall pay the owner $36,153 as payment in full for the restoration of all grass turf features within the playable area affected by the Project. The City and/or sanitary sewer line contractor shall leave area impacted by the Project at the same grade of the adjacent undisturbed areas along the sewer line traverse The final six inches of fill within the playable area (Station 75+11 84 to Station 90+28.48) shall be select topsoil free from gravel, rocks and debris The $36,153 shall be deemed adequate consideration for not only reestablishing the turf grasses within the playable area but also as full consideration for management, overhead, and warranties associated with the Owner's request to solely manage turf grass restoration within the playable area. The $36,153 amount also includes revisiting future potential subsidence issues within the playable area. 4. At Closing, the Owner shall grant a permanent sanitary sewer easement described in "Exhibit B" and a permanent public utility easement described in "Exhibit C" and a temporary construction easement described in "Exhibit D" all attached herewith for the stipulated sum total of $40,920 in their entirety In addition, the Owner shall furnish the City a release from Terrell W. King and wife Nancy L King for the tract conveyed to Denton Country Club by Cash Warranty Deed recorded in Volume 4331, Page 2423 of the Real Property Records of Denton County, Texas specifically as it relates to the Restriction #1 cited as follows: "No construction of improvements without the express written consent of GRANTOR;", in addition the Owner shall satisfy all closing requirements in relation to subordination of any liens affecting the permanent easements and temporary construction easement tracts, 5. As additional consideration, at closing, the City shall pay the sum of $25,000 to mitigate the impact of construction activities along the Brush Creek Road corridor, including the reestablishment of any fencing and trees, all at the sole cost and discretion of the Owner. Page 2 V 6. The City shall specify and require that the sanitary sewer line contractor work expeditiously to complete the proposed sanitary sewer line within the boundaries of the playable areas from Station 75+11.84 to Station 90+28.48. The timing of the work within the playable area shall commence on Monday, November 27, 2000 and the contractor shall work and be mobilized within the playable area only on the following days: November 27, 28, 29, 30 and December 4, 5, 6, 7, 11, 12, 13, 14, 18, 19, 20, 21, 26, 27, 28, all in the year 2000, and January 2, 3, 4, 8, 9, 10 , and 11, in the year 2001. The contractor shall be required to remove and demobilize all construction materials and equipment from within the limits of the playable areas on the following dates: December 1, 2, 3, 8,9, 10, 15, 16, 17, 22, 23, 24, 25, 29, 30, 31 all in the year 2000, and January 1, 5, 6, 7, in the year 2001. Demobilizing shall include removal of all construction materials and equipment, however the silt fence to be established along the outer limits of the permanent and temporary construction easements shall remain until its removal is deemed necessary by either the City or Owner The silt fence shall be installed along the outer limits of the permanent and temporary construction easements within the playable area (Station 75+11.84 to Station 90+28.48) and the contractor shall not exceed the limits of the permanent and temporary construction easements within the playable area. The contractor shall only use a specified area adjacent to the Owner's land to the west, within the Mathew's tract to store materials and equipment and shall only be allowed access to the work within the playable areas from Brush Creek Road at Station 75+11.84 and from the adjacent Mathew's tract at Station 90+28.48. Should formidable weather conditions hinder the sanitary sewer line contractor from performing the abovementioned work within the above specified dates then the City shall negotiate additional work days with the Owner at Owner's discretion, but at no additional cost to the City, so long as those additional work days occur within the month of January 2001. 7. In lieu of boring, the City shall pay the owner $50,000 for construction impact to the Cottonwood tree at the #2 green This consideration shall be deemed as full payment for not only impact to the Page 3 7 Cottonwood tree but also to the ancillary impact of construction operations to the toe of the sand trap at the #2 green and the creation of a temporary #2 green during the construction project. Removal and replacement of the Cottonwood tree shall be at the sole expense and discretion of the Owner The City and/or its contractor shall install T-posts on 8 foot centers from Station 87+00 to Station 88+40 delineating the tree/sand trap area from the scope of the sewer line installation area The T-poets shall remain until removal is deemed necessary by either the City and/or Owner. 8. The proposed manholes at Stations 78+84.15 and 83+48.12 shall be installed flush with the existing terrain, all other proposed manholes shall be within 1 foot of existing grade within the limits of the Owner's tract. The City shall install identifying signage at all manhole locations within the owner's affected tract save the above mentioned manholes located within the playable area. 9. There shall be no bench cuts or angle of repose trenching within the playable area (Station 75+11.84 to Station 90+28.48) any only vertical wall trenching shall be allowed in the playable area using the appropriate trench safety measures associated with a typical installation. 10. The City shall pay the Owner $32,063 for replacement of all irrigation lines to be affected by the installation of the sanitary sewer line The City shall make every effort to mark, identify, and record the location those irrigation lines impacted by sanitary sewer line construction which are discovered during the scope of construction activities and relay that information to the Owner It shall be the sole responsibility of the Owner to insure that the water irrigation lines are all functional and operable, prior to, during and after the installation of the sanitary sewer main. The payment amount of $32,063 shall include not only the cost of labor and materials but also shall be deemed as full consideration for management, overhead, and warranties associated with the owner's request to Page 4 S solely restore irrigation water lines and appurtenances. 11. The City shall pay the Owner $72,944 as additional consideration to compensate for revenue losses for the duration of the pending Graveyard Branch Sanitary Sewer Project, specifically as the project precludes golf play within the playable area during the construction days stipulated in Paragraph 7. For the purposes of this Agreement, Mondays are not calculated as a playable day since the course is typically closed on Mondays Weekday play considered impacted is on Tuesdays, Wednesdays and Thursdays, leaving Friday, Saturday and Sunday as playable days in which the Contractor shall be demobilized from the playable area. Should the City request additional workdays within the playable area beyond the total specified number of actual days occurring on Tuesdays, Wednesdays and Thursdays, notwithstanding inclement weather, then the City shall pay an additional sum of $3,800 for each additional day construction activities occur on Tuesdays, Wednesdays and Thursdays, so long as the additional work days do not extend beyond the month of January 2001 Should inclement weather require that the actual number of workdays within the playable area occurring on Tuesdays, Wednesdays and Thursdays be shifted forward in time, then those additional calendar days shall be granted at no additional costs, so long as those additional calendar days all occur within the month of January 2001. The number of available weekdays occurring on Tuesdays, Wednesdays and Thursdays after the days stipulated in Paragraph 7, in January 2001, is eight (8) days, therefore, barring inclement weather, the total additional costs for non-weather related construction delays shall not exceed 8 days times(x) $3,800 or $30,400. 12. verbiage relating to the Right-of-Entry agreement and DCC charter provisions regarding sale of real property(provisions and contingencies(friendly condemnation?)) 13. The stipulated total sum of $302,080 shall be paid to the Owner through First American Title Company, 300 North Elm Street, Denton, Texas, 75201 and any other Page 5 CI costs associated to the transaction shall be paid specifically by the City The closing and funding of the transaction shall occur within 15 days of the execution of this agreement. 14. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas 15. This agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. DENTON COUNTRY CLUB CITY OF DENTON BY: BY: Michael W. Jez TITLE: City Manager Acknowledgment THE STATE OF TEXAS, COUNTY OF DENTON, 5 This instrument was acknowledged before me on 2000 by Michael W. Jez, City Manager, City of Denton, Texas. Notary Public, in and for the State of My Commission Expires: Acknowledgment THE STATE OF TEXAS, § COUNTY OF DENTON, § This instrument was acknowledged before me on 2000 by Denton Country Club. 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I, i ~,,'g I al pv'.'I rIII~A i~~ 9i I~ xll Id1dl ~'r II. ~1i ylji';'q 11 l~lk I I 11I r I I~, i+"Ia ~I M'ril I'iilk'I 'I+~"~, II '~11i 1'wlp lljn I O N N N O O t0 4'^° N V 10 N t° N 14 EXHIBIT "B" PUBLIC UTILITY EA88MENT THE STATE OF TEXAS, I I KNOW ALL MEN BY THEBE PRESENTS: COUNTY OF DENTON THAT Denton Country Club, f/k/a The New Denton Country Club, Inc (Grantor), in consideration of the payment of the sum of Seven Thousand Five Hundred and Sixty Five Dollars and Thirty Four Cents ($7,565 in hand paid by the City of Denton, Texas (City), re- ceipt of which is hereby acknowledged, grants, and conveys to the City a permanent public utility easement across the real property owned by Grantor, as described in EXHIBIT ^A", Parcel 7A-1, and il- lustrated in EXHIBIT ^B°, Parcel 7A-1 attached to and incorporated into this document by reference The grant made includes and is subject to the following: 1 Purpose This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines, valves, facilities and appurtenances, electric poles, wires and re- lated facilities, communication lines and other public utilities and other related facilities in, on, over, under and across the permanent easement 2 Building and Structures Grantor shall not construct, erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement The City will replace or repair any sidewalk, parking lot, or driveway that exists on the easement on the date of execution of this in- strument if removed or damaged by the City during the initial con- struction of the sanitary sewer line If the Grantor constructs or places buildings, signs, parking lots, driveways, private walkways, or other structures or improvements over the permanent easement af- ter execution of this easement document, the City may remove all or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or re- pair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Gran- tor 3 Fences and Gates If necessary to remove or relocate any fence or gate during the initial construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City of Denton expense. After completion of the initial construction, the City shall reinstall any fence or gates initially removed or relo- cated to their original locations The Grantor, but not the City, may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times If the gates are to be kept locked by Grantor, the City shall be provided the keys or other means, as ap- plicable, so that the City may open all locks for access without prior notice to Grantor 4 Access For the purposes of exercising its rights, the City shall have access to the easement by way of existing public 16 EXHIBIT "B"(contd.) property or right-of-way and not from other lands owned by Grantor outside the permanent easement 5 Trees and Landscaping Grantor shall not plant any tree upon the permanent easement property City may cut, trim, or com- pletely remove any trees or portions of trees now or hereafter lo- cated within the easement without liability to Grantor including the obligation to make further payment to Grantor Grantor may plant shrubs, vines, grams, or install irrigation systems and other system landscape features within the permanent easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair, alter, relocate, operate its utilities or otherwise exer- cise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area dis- turbed during construction shall be seeded by the City as per City of Denton project specifications Subsidence associated with said construction will be repaired by the City of Denton in a timely manner 6. Crops The payment herein made includes any damage or loan to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted. 7 Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein a Neither party has made any representations or promisee outside the written provisions of this easement document relating to the subject matter of this easement document 9 Successors and Assigns This grant shall run with the land and shall be binding upon the parties and their heirs, succes- sors and assigns. Witness my hand, this the day of , 2000 Sy: Name Title: ACKNOWLEDGMENT THE STATE OF S COUNTY 08 S This instrument was acknowledged before me on 2000 by Name Notary Public, in and for the State of _ My C-iesion Expires: EXHIBIT "B"(contd.) Accepted this day of 2000 for the City of Denton, Texas (Resolution No 91-073) Sys Paul Williamson Right-of-Way Agent AFTER RECORDING RETURN TOs City of Denton 221 N. Elm Street Denton, Texas 76201 ATTN: Paul Williamson EXHIBIT "B"(contd.) EXHIBIT "A" Public Utility Easement Parcel No 7A-1 FIELD NOTES of a 30 foot wide public utility easement lying and being situated in the F Daugherty Survey, Abstract Number 348, Denton County, Texas, and being a portion of that 113 45 Acre tract described as First Tract in the Deed recorded in Volume 499, Page 139 all of the Deed Records of Denton County, Texas, and being more particularly described as follows COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "Halff Assoc, Inc " hereinafter referred to as "with cap" set for the Northeast corner of the beforementioned 5 0 Acre tract, same being in a West line of the beforementioned 113 45 Acre tract, THENCE North 00 degrees 01 minutes 45 seconds East for a distance of 768 70 feet to a point for corner, THENCE Notch 89 degrees 35 minutes 49 seconds East for a distance of 953 00 feet to the PLACE OF BEGINNING of the herein described tract, THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 779 63 feet to a point for comer, THENCE South 00 degrees 07 minutes 56 seconds East for a distance of 30 00 feet to a point for comer, THENCE South 89 degrees 35 minutes 49 seconds West for a distance of 798 83 feet to a 1/2 inch iron rod with cap set for comer, THENCE North 32 degrees 24 minutes 16 seconds East for a distance of 35 69 feet to the PLACE Or BEGINNING containing 23,667 square feet or 0 544 Acres of land, more or less "Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP COBS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds " 4 OF T JERRY L LEN O , ` 3897 III// 'k'9pR sioM~,y+' 0.I SOS R yall i i ,a EXHIBIT "B"(contd.) EXH18/'/' 88 O 07 SST 30 00' PARCEL 07A-1 FAST STATE DEVELOPMENT CORPORATION (PUE) PHILIP J. YUNTALBO. JR. ET UX / VOL. 933, P0. 961 / DADCT / T N KING VOL 35B P0. 519 DADCT SURV 1Y' C20 ONSTRUCTION ESYT SE~EcT NO ~~6 17993599N 799 BI A N99]5'19E Ins, JPlU 7796]' PLA-CE-0-F] / BEGINNING / A671 SO NE FEETYURTO SAA ACRES H32241 E SA 33 fig dF 1~ 1~ ~ 11119 3514909 1 1 1 953.00' 1 1 1 / I/2 SA~ Ky. SA / % / GHERTNO ~~S~EY. WIN DENTON COUNTRY CLUB / pPU VOLUME 499. PACE 139 a R l~ 1 DA D.C.T III / vT 5nl I fA'SIR I I I NO Of E5 E I I I SAYS OF BEARING IS NAOB3 1199]1 TEXAS STATE PLANE NORTH CENTRAL 769 70, 2-~'-J 1-9 ZONE (4202)ASOBSERVED BY CPS ON JULIAN DAY 013 OF 2000 FROM I~ I I ARLNOTON flPP CORS ARP PINO.AF9536 CONVERGENCE ANGLE AT ARLINGTON BRP CDR$ ARP IS 100 DEGREES 47 MIMITES 06 B SECONDS YO7tN9B 80004/712 Onto RAAACT su' III G. pAuGCTRNo 351RVEYESIR A85T PLACE OF III COMMENCEMENT III III III EXHAIT SNOIIINO A PUBLIC UTILITY EASEMENT KING A PORTION OF NEW DENTON COUNTRY CLUB 4F' 0 F T A 113AS ACRE TRACT OF LAND SL y e~~v BF SITUATED N THE F DAUGHERTY SURVEY ABSTRACT X0.349 JERRY L L IN TKE CITY OF DENTON. DENTON COUNTY. TEXAS y' s e B wAr o F PRO~ECTE OMVLYARD BRANCH SAMARY SEWER / CITY OF DENTON y E V. D GSflElIf ACQY511ICN AREN UATT SQUARE FEET OR OJNA ACRES N ti0 liHalffAssociates, Ine DATE, SEPT IS 2000 AVa 10378 a KMl FEE?~ 1q SURVEYOR r~ •sln, u•n. H•w EYIY FLEI 9379P17Al DON PAGE I OF 1 SCALE. I• • 200 II[METTA[0 MOrt59DN.u A.LNO MY U HE 3E EXHIBIT "C" SANITARY SEWER EASEMENT THE STATE OF TEXAS, I I KNOW ALL HEN BY THESE PRESENTS: COUNTY OF DENTON I THAT Denton Country Club f/k/a/ The New Denton Country Club, Inc (Grantor), in consideration of the payment of the sum of Twenty Six Thousand Nine Hundred and Ninety Three Dollars and Twenty Three Cents (896,993.") in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and conveys to the City a sanitary sewer easement across the real property owned by Grantor, as described in EXHIBITS ^A', Parcel 7A- 2 and Parcel 7B illustrated in EXHIBITS 'S', Parcel 7A-2 and Parcel 78 attached to and incorporated into this document by reference The grant made includes and is subject to the followings 1 Purpose This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate, and maintain sanitary sewer lines, facilities and appurtenances, in, on, over, under and across the permanent easement 2. Building and Structures. Grantor shall not construct, erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement The City will replace or repair any sidewalk, parking lot, or driveway that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the sanitary sewer line If the Grantor constructs or places buildings, signs, parking lots, driveways, private walkways, or other structures or improvements over the permanent easement after execution of this easement document, the City may remove all or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor 3 Fences and Gates If necessary to remove or relocate any fence or gate during the initial construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City of Denton expense After completion of the initial construction, the City shall reinstall any fence or gates initially removed or relocated to their original locations The Grantor, but not the city, may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times If the gates are to be kept locked by Grantor, the City shall be provided the keys or other means, as applicable, so that the City may open all locks for access without prior notice to Grantor 4 Access For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement 'n iV EXHIBIT "C""(contd.) 5. Trees and Landscaping Grantor shall not plant any tree upon the permanent easement property City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair, alter, relocate, operate its sanitary sewer facilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said construction will be repaired by the City of Denton in a timely manner 6. Crops The payment herein made includes any damage or lose to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted 7. Grantor's Rights Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein S. Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document 9 Successors and Assigns This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns witness my hand, this the _ day of 2000 BY Name Titles ACKNOWLEDGMENT THE STATE OF B COUNTY 08 8 This instrument was acknowledged before me on 2000 by name Notary Public, in and for the State of My Commission Expiress 14 EXHIBIT "C"(contd.) Accepted this day of 1000 for the City of Denton, Texas (Resolution No. 91-073). Syt Paul Williamson Right-of-Way Agent AFTER RECORDING RETURN TOt City of Denton 111 N Elm Street Denton, Texas 76101 ATTNt Paul Williamson 22 EXHIBIT "C"(contd.) EXHIBIT "A" Permanent Sanitary Sewer Easement Parcel No 7A-2 FIELD NOTES of a 25 foot wide permanent sanitary sewer easement lying and being situated in the G Daugherty Survey, Abstract Number 351 and the F Daugherty Survey, Abstract Number 348, Denton County, Texas, and being a portion of that 5 0 Acre tract described as Third Tract in the Deed recorded in Volume 499, Page 139, and also being a portion of that 113 45 Acre tract described as First Tract in the Deed recorded in Volume 499, Page 139 all of the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "Halff Assoc, Inc " hereinafter referred to as "with cap" set for the Northeast comer of the beforementioned 5 0 Acre tract, same being in a West line of the beforementioned 113 45 Acre tract, THENCE North 47 degrees 1 I minutes 51 seconds East departing the beforementioned comer and West line for a distance of 430 80 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 69 degrees 33 minutes 31 seconds East for a distance of 462 58 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 32 degrees 24 minutes 16 seconds East for a distance of 344 66 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 29 74 feet to a 1/2 inch iron rod with cap set for comer, THENCE South 32 degrees 24 minutes 16 seconds West for a distance of 369 18 feet to a 1/2 inch iron rod with cap set for corner, THENCE South 69 degrees 33 minutes 31 seconds West for a distance of 466 04 feet to a 1 /2 inch iron rod with cap set for comer, THENCE South 47 degrees 11 minutes 51 seconds West for a distance of 670 71 feet to a 1/2 inch iron rod with cap set in the West line of the beforementioned 5 0 Acre tract for comer, THENCE North 00 degrees 48 minutes 29 seconds West with the beforementioned West line for a distance of 33 64 feet to a 1/2 inch iron rod with cap set for comer, THENCE North 47 degrees 11 minutes 51 seconds East departing the beforementioned West line for a distance of 222 35 feet to the PLACE OF BEGINNING containing 37,079 square feet or 0 851 Acres of land, more or less "Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds " OF ygP~ryuisrG"~t~9tF JERRY L LEN ~ 3887 ~9NOOFE 8100", l7 v S R~ ,t fi 4I►q G EXHIBIT "C"(contd.) W AM FIRST STATE OEYFLOPGO. CORPORATHIN T VOL 356 PG 519 PNLW VOL 936 PL. 61 ET U% DAD C T DDD C.T Sp RV Y. EXHIBIT WBW J 5 vR c~ N0-661 PARCPSSEJA-2 Pg /A' SIR N89 35 49 E 29 74 ]6918 I6 W ]1466'16E 1 Y• 5 ~E 1 R PUpH~ RNA 3k I/!' SIR'/, 5q F DT RPC 469 33 319: A 16258' NEW DENTON COUNTRY CLUB VOLUME 199,PAGE 179 , 20' TEMPORARY 0 RD.C.T / CONSTRUCTION ESMT 569 33 31-W SrAIANENT SANITEAERY OR EAS T / 66604 37 079 SOUAWE FT R 0 851 ACRES / 0- SIR r/l• SIR 25 N4T 11'51-E 170.80' I PLACE OF 5nH51If BEGINNING SIR I 67071 I Mattblwe MVUfinents 96 A0018712 1~\ RAULO C T R ~~~JJJ 5~ ` 'BASIS OF BEARING 15 NADB3 119931 TEXAS STATE PLANE NORTN CENTRAL ZONE 142021 AS OBSERVED BY CPS ON JULIAN BAY 013 OF 2000 FROM ARLINGTON RRP COWS ARP PD All AF9536 CONVERGENCE ANGLE AT ARLINGTON PPP COS ARP IS .00 DEGREES 47 MINUTES OR 6 SECONDS O ~~PG\ 2227sr9'SIR \ xo a 2ww G 5 I SIN 0. I"" 64- EXHIBIT SHOWING A PERMANENT SANITARY SEWER EASEMENT BEING A PORTION OF F. D F T NEW DENTON COUNTRY CLUB P aASiee F.f A EA ACRE AND A IWS ACRE TRACT OF LAND y Fo SITUATED IN THE F OAUGIIGITT SURVEY ABSTRACT NO 310 JERRY L LE AND 0 DAUGHERTY SURVEY ABSTRACT NO 351 IN THE CITY OF DENTON, DENTON COUNTY. TEXAS y'9 3 8 9 7 P o 61 PROJECT, !MMARD BRANGI SANITARY SEWDR / Cm OF BEATON y FF A j EASIAM ACGBY110N ARG. ]TATS S RARE FEST OR OJEI AGES e R A _0 000 Halff Associates, Inc DATE SE !PT I5, 2000 A10, 16379 AMA N FGr V seer. WbRW erw, Anse eeew• FLEt B37SPETA2AGN PAGE I OF 1 SCALE, I • 200 MUSYM Mls3NN.l LANK MAY MYG M.r 2A EXHIBIT "C"(contd.) EXHIBIT "A" Permanent Sanitary Sewer Easement Parcel No 7B FIELD NOTES of a 25 foot wide permanent sanitary sewer easement lying and being situated in the G Daugherty Survey Abstract No 351, Denton County Texas and being a portion of that 71 752 Ant, pact desci ibed as Tract One in the Decd recorded in Volume 498 Pagt 520 of the Deed Records of Denton County, Texas and being mote paruculai ly descubed as follows BEGINNING at a 1/2 inch iron rod found for at the interior ell coiner of the beforementioned 71 752 Acre tract, THENCE South 03 degrees 00 minutes 40 seconds West for a distance of 25 03 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "Halff Assoc Inc" heieurafter referred to as "with cap set for coiner THENCE North 89 degrees 37 minutes 43 seconds West for a distance of 458 69 feet to a 1/2 inch iron rod set for corner THENCE South 50 degrees 23 minutes 42 seconds West for a distance of 463 31 feet to a 1/2 inch iron rod set for corner THENCE South 39 degrees 39 minutes 12 seconds West for a distance of 883 23 feet to a 1/2 inch iron rod set for corner THENCE South 54 degrees 27 minutes I I seconds West for a distance of 94 39 feet to a 1/2 inch iron rod set in the West line of the beforemennoned 71 752 Acre tract for corner THENCE North 00 degrees 23 minutes 43 seconds West with the beforemennoned West line for a distance of 30 58 feet to a 2 inch iron pipe found for corner THENCE North 54 degrees 27 minutes I I seconds East departing the beforemennoned West line for a distance of 73 54 feet to a 1/2 inch iron rod set for corner THENCE North 39 degrees 39 minutes 12 seconds East for a distance of 882 33 feet to a 1/2 inch iron rod set for corner, THENCE North 50 degrees 23 minutes 42 seconds East for a distance of 474 75 feet to a 1/2 inch iron rod set for corner, THENCE South 89 degrees 37 minutes 43 seconds East for a distance of 468 93 feet to the PLACE OF BEGINNING containing 47 490 square feet of 1 090 Acres of land, more or less 'Basis of Bearing is NAD 83 (1993) Texas State Plane North Cenral Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds OF T ~,tiPS pEOartat F.f. /1 5 JERRY ( s j + 69 1 '4 <9 ttt6aN+lyae O SuRsl 6 Z1 00 25 EXHIBIT 4FC"(contd.) IIj MATTHEWS INVESTMENTS PLACE OF I 96 80040115 BEGINNING RPROCT I I S89 37 4] E 1/2 SIP 468 68 9] Yx FIR N502342E I. 474 i5 SIP 11 ]W /x 501300 45869 ADW 458 69 2503 I~ EXHIBIT NBW i 463 3 23 42 W PARCEL "7B vx SIR (PSSE) 20 CONSTRUCTIONY ESMT 1/x SIR N39 ]912 E 539 3912 W 602 33 803 23 NEW DENTON COUNTRY CLUB / VOLUME 49B PAGE 520 OROCi 25 PERMANENT SANITARY SEWER EASEMENT / 41490 SQUARE FEET 08 1090 ACRES SIR 2 FIP Yx SIR HER~NO 35R~EY OP~G G~ $5427 11 W G gs~ R P 94 39 75127 TIE P ] 54 NO 23 9] W 30 58 /x SIR SURREY. N0 RP T N6 5g6 Pg5 BASIS OF BEARING 15 NAD03 (19931TEXAS STATE PLANE NORTH CENTRAL ZONE 14202)AS OBSERVED BY GAS ON JULIAN DAY 013 OF 2000 FROM ARLINGTON RRP COBS ARP P* NO AF9536 CONVERGENCE ANGLE AT ARLINGTON RRP CONS ARP IS -00 DEGREES 47 MINUTES 06 B SECONDS 250 PERMANENT SANITARYNSEWER EASEMENT N BEING A PORTION OF SYG D F NEW DENTON COUNTRY CLUB ypQ ~\57E v A TIT52 ACRE TRACT OF LAND SITUATED IN THE G DAUGHERTY SURVEY ABSTRACT NO 351 JERR L W IN THE B CITY OF DENTON, DENTON COUNTY, TEXAS p3APa D \ PROJECT. GRAVEYARD BRANCH SANITARY SEWER /CITY OF OENTON Ess EASEMENT ACQUISITION AREA, 47,490 SOUABE FEET OR 1090 ACRES D~w s U P ~~00 GATE, JUNE 2i 2000 AVOI IB]i0 of w FEEL RRYLLNN Halff Associates, Inc NUMBER n wo, wn,w FILET 8310PE7B DGN PAGE 1 OF I SCALE, I 200 REGISI[RfD PRN38 LAW SURVEYOR WJMRfR 3897 2060 EXHIBIT "D" TEMPORARY CONSTRUCTION AND ACCESS EASRNSNT THE STATE OF TEXAS, 6 $ KNOW ALL KEN BY THESE PRESENTSt COUNTY OF DINTON I THAT Denton Country Club, f/k/a The New Denton Country Club, Inc (Grantors) of Denton County, Texas, in consideration of the sum of Six Thousand Three Hundred and Sixty One Dollars and Forty Five Cents ($6,361.") and OTHER GOOD AND VALUABLE CONSIDERATION in hand paid by the City of Denton, Texas, (Grantee), receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Grantors as described in EXHIBITS `A-1', Parcel 7- A, Parcel 7-B (TC87B1), and Parcel 7B (TCE7B7) attached to and incorporated into this document by reference. SEE ATTACHED EXHIBITS °A-1' FOR TEKPORARY CONSTRUCTION EASEKENT DESCRIPTION And it is further agreed that the City of Denton, Texas in consideration of the benefits above net out, will remove from the property above described, ouch fences, buildings and other obstructions as may now be found upon said property For the purpose of access and construction activities in, along, upon and across said premises. The City of Denton, its agents, employees, workmen and representative shall have ingress, agrees, and regress in, along upon and across said promisee for the purpose of access and construction activities or any part thereof The terms of this grant shall expire 1 year from the date of execution EXHIBIT "D"(contd.) TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the promisee above described Witness our hands, this the _day of 2000 Eys Name Title Accepted this the day of 2000 for the City of Denton, Texas (Resolution No 91-073) Hy: Paul Williamson AFTER RECORDING RETURN TO: City of Denton 221 N Elm Street Denton, Texas 76201 ATTN.: Paul Williamson 29 EXHIBIT "D"(contd.) EXHIBIT "A-1' Temporary Construction Easement Parcel No 7A FIELD NOTES of a 20' wide temporary construction easement lying and being situated in the G Daugherty Survey, Abstract Number 351 and the F Daugherty Survey, Abstract Number 348 Denton County, Texas, and being a portion of that 5 0 Acre tract described as Third Tract in the Deed recorded in Volume 499 Page 139, and also being a portion of that 113 45 Acre tract described as First Tract in the Deed recorded in Volume 499, Page 139 all of the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a point in the East line of the beforemenuoned 5 0 Acre tract said point being located South 00 degrees 01 minutes 45 seconds West a distance of 34 09 feet from the Northeast corner of the said 5 0 Acre tract, said point is also in a West line of the beforementioned 113 45 Acre tract, THENCE North 47 degrees I I minutes 51 seconds East for a distance of 449 04 feet to a point for corner THENCE North 69 degrees 33 minutes 31 seconds East for a distance of 466 04 feet to a point for cornet THENCE North 32 degrees 24 minutes 16 seconds East for a distance of 369 18 feet to a point for corner THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 769 08 feet to a point for corner THENCE South 00 degrees 07 minutes 56 seconds East for a distance of 20 00 feet to a point for corner THENCE South 89 degrees 35 minutes 49 seconds West for a distance of 758 08 feet to a point for corner THENCE South 32 degrees 24 minutes 16 seconds West foi 1 distance of 365 00 feet to a point for corner THENCE South 69 degrees 33 minutes 31 seconds West for a distance of 468 81 feet to a point for corner THENCE South 47 degrees I I minutes 51 seconds West for a distance of 684 77 feet to a point for corner THENCE North 00 degrees 48 minutes 28 seconds West for a distance of 26 91 feet to a 1/2 inch iron rod cap set for corner, THENCE North 47 degrees I 1 minutes 51 seconds East for a distance of 221 67 feet to the PLACE OF BEGINNING containing 45,517 square feet or 1 045 Acres of land more or less "Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by CPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP COBS ARP is +00 degrees 47 minutes 06 8 seconds " VOF lF t S~ N %%TFgf°'r JERRY H 397 ~ ° eaioN `yO SUF~~ fio EXHIBIT "D"(contd.) \ \ Y / S000756E \ 2000 \ \ / / \ T W XING FIRST STATE DEVELOPMENT CORPQRATION VOL 35B PG 519 PHILIP J MONTALBO JR ET U 0 R D C T VOL 938 PG 961 DRDCT \ \ 11R•1 1690849E EXHIBIT "B-1" , SU / EVERT NO 116 7S89 35 5800 9W P TCE)*7A 59 OB JPgST R / S32 24 16 W 365 OD / N322416E 36910 ~1 Y SURREY' -S69 33 31 W 46881 UGNERNO 548 D p\ NEW DENTON COUNTRY CLUB VOLUME 499 PAGE 139 PUBLIC UTILITY EASEMENT DRDCT N69 33 31 E 466 04 / 20 TEMPORARY CONSTRUCTION EASEMENT 45 517 SQUARE FEET OR 1045 ACRES SG RA N47 11 51-E 449 04 1 54111 6847751W PLACE OF BEGINNING 8,00 - MOtth R P P D48712 entW y 916 ~y C,\) S OF STATE NG IS NAD XAS ZONE G O ^ P6 R~ONZ~StE \ I \O EflVEO BYA6P5 N JULeAN11pAY10E3 OF 2000 FROM CNGTONENTR PRPA CORS PRP2P DI AS (1C~ 1" NO 9536 CONVERGENCE ANGLE AT ARLINGTON RRP CORS ARP 15 4DO DEGREES NO 48 20 W 26 91 47 MIN ES 06 B SECONDS EXHIBIT SHOWING A 20 0 TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF .~VG T NEW DENTON COUNTRY CLUB y 04STp s A 5 0 ACRE AND A 113.45 ACRE TRACT OF LAND SITUATED IN THE F DAUGHERTY SURVEY ABSTRACT NO 34B JERRY L AND G DAUGHERTY SURVEY ABSTRACT NO 351 IN THE r 9 3 7 T CITY OF DENTON. DENTON COUNTY, TEXAS O IF E\ a I PROJECTI GRAVEYARD BRANCH SANITARY SEWER / CITY OF DENTON S D R V Q EASEMENT ACQUISITION AREA, 45 517 SQUARE FEET OR 1045 ACRES 8 I_ .G aaa Halff Associates, Inc DATE. JUNE 11 2000 AV0. I8378 u6 w FEEr P..w ~s~ n wmw FILE. 8376TETA DON PAGE 1 OF 1 SCALE, 1 200 REW TVED PROFES ML LAM %WVEYBA HIIMfiFP 3097 so EXHIBIT "W(contd.) EXHIBIT "A-1" Temporary Construction Easement Parcel No 7B (TCE7B 1) FIELD NOTES of a 20 foot wide temporary construction easement lying and being situated in the G Daugherty Survey Abstract No 351 Denton County, Texas and being a portion of that 71 752 Acre tract described as Tract One in the Deed recorded in Volume 498 Page 520 of the Deed Records of Denton County, Texas and being more particularly described m follows BEGINNING at a point for comer, said point bears South 03 degrees 00 minutes 40 seconds West a distance of 25 03 feet from a 1/2 inch iron rod found for the interior ell corner of the beforementioned 71 752 Acre tract THENCE South 03 degrees 00 minutes 40 seconds West for a distance of 20 02 feet to a point for corner THENCE North 89 degrees 37 minutes 43 seconds West for a distance of 481 62 feet to a point for corner THENCE North 50 degrees 23 minutes 42 seconds East for a distance of 31 13 feet to a point for corner THENCE South 89 degrees 37 minutes 43 seconds East for a distance of 458 69 feet to the PLACE OF BEGINNING containing 9 403 square feet or 0 216 Acres of land more or less Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536 Convergence angle at ARLINGTON RRP COBS ARP is +00 degrees 47 minutes 06 8 seconds' OF re ,t?- pEO% 8 T EgE 1% rt JERRY L p 99 1 s"ua~ 1 eo 62 EXHIBIT "D"(contd.) PLACE OF MATTHEWS INVESTMENTS 20 TEMPORARY CONSTRUCTION EASEMENT BEGINNING 96 R0048115 990J SQUARE FEET OR 0216 ACRES RPRDCT Y. TO S89 ]i 43E 45B 69 N50 2] 42 E 31 13 li 981024JW S00040W i ~ 2002 EXHIBIT "B-1" i i SEWENR EASEIMAENTSANITARY P ((TCE7Bl) B iCE1B2 NEW OENTON COUNTRY CLUB VOLUME 498 PAGE 620 20 ORO CT TY UR~EY. S TR00 351 I PBS I 1 500 CT ND 586 Pgs~ R P BASIS OF BEARING IS NAD83 119931 TEXAS STATE PLANE NORTH CENTRAL 20K 142021 AS OBSERVED BY CPS ON JULIAN DAY 013 OF 2000 FROM ARLINGTON PPP CDR$ APP PIO NO AF9536 CONVERGENCE ANGLE AT ARLINGTON RRP CONS APP IS .00 DEGREES 47 MINUTES 068 SECONDS EXHIBIT SHOWING A 200 TEMPORARY CONSTRUCTION EASEMENT N BEING A PORTION OF .~E D F T NEW DENTON COUNTRY CLUB III. 6LsTsq F A 71 752 ACRE TRACT OF LAND y SITUATED IN THE G DAUGHERTY SURVEY ABSTRACT NO 351 JERRY L IN THE ,yo 9 7 O CITY OF DENTON, DENTON COUNTY, TEAS 9A PROJECT, GRAVEYARD BRANCH SANITARY SEWER / CITY OF DENTON $ U 5 N F' EASEMENT ACQUISITION AREA, 9,403 SQUARE FEET OR 0216 ACRES OGD LV Bag Halfi Associates, Inc GATE, JUNE 27 2000 AVO, I0318 ICALE W FEET T ,omm wnu R..o. Rrmw fll& B]1BTETBI DON PACE I OF I SCALE, I 200 REGISTERED PRLRESVwa LAW "AYOR RAWER 3.97 EXHIBIT "D"(contd.) EXHIBIT "A-1- Temporary Construction Easement Parcel No 7B (TCE7B2) FIELD NOTES of a 20 foot wide temporary construction easement lying and being situated in the G Daugherty Survey Abstract No 351 Denton County Texas, and being a portion of that 71 752 Acre tract described as Tract One in the Deed recorded in Volume 498 Page 520 of the Deed Records of Denton County Texas, and being more particularly described as follows BEGINNING at a point in a North line of the beforementioned 71 752 Acre tract, Said point bears North 89 degrees 37 minutes 43 seconds West a distance of 468 93 feet from a 1/2 inch iron rod found for at the interior ell corner of the beforementioned 71 752 Acre tract THENCE South 50 degrees 23 minutes 42 seconds West for a dhst nice of 474 75 feet to a point for corner THENCE South 39 degrees 39 minutes 12 seconds West for a distance of 882 33 feet to a point for corner THENCE South 54 degrees 27 minutes 11 seconds West for a distance of 73 54 feet to a 2 inch iron pipe found in the West line of the beforementioned 71 752 Acre tract for corner THENCE North 0 degrees 23 minutes 43 seconds West with the befoimenboned West line for a distance of 24 46 feet to a point for corner, THENCE North 54 degrees 27 minutes I 1 seconds East departing the beforementioned West line for a distance of 56 86 feet to a point for corner THENCE North 39 degrees 39 minutes 12 seconds East for a distance of 881 61 feet to a point for corner THENCE North 50 degrees 23 m[mnes 42 seconds East for a distance of 453 60 feet to a point in a North line of the beforemennoned 71 752 Acre tract for coiner THENCE South 89 degrees 37 minutes 43 seconds East for a distance of 30 50 feet to the PLACE OF BEGINNING containing 28,227 square feet or 0 648 Acres of land, more or less 'Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds 4 OF TP C e,QtST 6 ~,9 " RRYL B Oruro+,~„;tO~ SUµV~ 6 z~ 3~ EXHIBIT "W(contd.) km CE OF MATTHEWS INVESTMENTS INNING 96 R0048715 SIR R P R D C T S693743E 30 50 W~ gfiB 93 '/7 FIR w 45360 12E / TCE781 N50 23 EXHIBIT B-1" 475 i5 23 42 W 1 PARCEL 078 25 SEWERR EASEMENTANITARY N393912E 88161 NEW DENTON COUNTRY CLUB S39 39 12 IN VOLUME 493 PAGE 520 882 3323 DDDC / 20 TE 227MSOUARE FEET TOR C0 648 ACRESNT 56486711E r ~ SUR~E~. SIR G Dp g H~~RN0 351 S5427 II W P I 73 54 n g5 N002343W P 2 fIP 24 46 d SU R~ 6Y , W 00R CT No Sa Pg5 BASIS OF BEARING IS NADS3 119931 TEXAS STATE PLANE NORTH CENTRAL ZONE 142021 AS OBSERVED BY GPS ON JULIAN DAY 013 DF 2000 FROM ARLINGTON RRP CONS ARP PID NO AF9536 CONVERGENCE ANGLE AT ARLINGTON RRP CONS ARP 15 .00 DEGREES 47 MINUTES 068 SECONDS EXHIBIT SHOWING A 200 TEMPORARY CONSTRUCTION EASEMENT N 1E 0 F BEING A PORTION OF NEW DENTON COUNTRY CLUB P G3STEN A 71752 ACRE TRACT OF LAND A3 a .D 9 SITUATED IN THE JERRY H G DAUGHERTY SURVEY ABSTRACT NO 351 IN THE 9 3 9 P p CITY OF DENTON, DENTON COUNTY, TEXAS a 0i I PROJECT, GRAVEYARD BRANCH SANITARY SEWER /CITY of DENTON SS3O $ D R V Dv EASEMENT ACQUISITION AREAL 211227 SQUARE FEET OR 0 64BACKS G Lw BUG .G'l DATE. JUNE 27 2000 AVOL IBJ78 SCALE IX FEET 1,,0,Halff Associates, Inc ~eeun .wpm. .RARn nww pLm,pr FILE, 831878182 DLN PAGE OF I SCALES I 200 REGISTERED PROIFSS XLL LOA SWVfiW IAMBER 3897 y d' Agenda No D 0 --(-5) Agenda Item AL t~_ DO AGENDA INFORMATION SHEET AGENDA DATE- November 7, 2000 DEPARTMENT: Planning Department CMIDCMIACM: David Hill, 349-8314-- SUBJECT-(A-102) (US 377/I-35WAnnexation) Consider and take action regarding an involuntary annexation and service plan for approximately 1,711 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract approximately 504 acres of land located in the southwestern side of the City of Denton's extraterritorial jurisdiction west of US Highway 377, south of Allred along Johnson Lane Tract #2• approximately 1032 acres of land located in the southwester side of the City of Denton's extraterritorial jurisdiction east of Interstate Highway 35 West and west of the Kansas City Southern Railway Company, extending south along Bonnie Brae to the west side of US Highway 377 Tract #3: approximately 1 7 acres of land located northeast of the intersection of Corbin and Bonnie Brae Tract #4: approximately 173 acres of land located east of US Highway 377 (Fort Worth Drive) and north of Brush Creek Road and west of Country Club a Hold the second of two required public hearings to hear public comments regarding the proposed annexation regarding the above referenced tracts, and b Consider and take action on amendments to the boundaries of the proposed annexation by reducing eliminating certain properties currently included in the above referenced tracts from the annexation proceedings, and c Consider and take action on amendments to the service plan for the proposed annexation regarding the above referenced tracts BACKGROUND An involuntary annexation proceeding is being considered by the City of Denton for approximately 1,711 acres of land located generally in the southwest section of the city, between US Highway 377 and Interstate Highway 35W Maps of the tracts being considered for annexation are provided in Attachment #1 The first of two required public hearings was held during the October 24th Council meeting Several residents and property owners affected by the proposed annexation spoke in 1 opposition or submitted written protests, including a petition signed by more than 40 individuals In response to the comments received, Council instructed staff to schedule a neighborhood meeting The meeting was held on Monday, November 6`h, at 6 30 PM, at the Argyle Elementary School, to answer questions and listen to comments Public hearings comments and questions received during the October 24`h Council meeting are provided in Attachment #4 Responses to the questions are being prepared and will be provided to Council on November 7ih In addition, a summary of the November 6th neighborhood meeting will be provided to Council on November 7`h Written comments received since the October 24`h public hearing are provided in Attachment #5 City Council will conduct the second of two required public hearings on November 7`h to hear public comments regarding the proposed annexation and service plan As indicated in Attachment #2, the first reading of the A-102 annexation ordinance is scheduled for November 28, 2000, and the second reading is scheduled to occur on January 9, 2001 Both readings of the ordinance require super- majority adoption (either 7-0 or 6-1) by Council as per City Charter requirements In contrast to the first public hearing, the agenda for the second public hearing has been formatted to allow Council action Once the public hearing has been opened and closed, Council may elect to 1 Remove specific properties from the draft annexation ordinance considered on November 280' (first reading) No properties may be added by Council without requiring a new annexation process, and 2 Amend the service plan as recommended by the Legal Department or in response to boundary changes that may have been made Staff has added several service plan details that were provided as supplemental information in the October 24`h Council report SERVICE PLAN As per state law, a service plan has been prepared and made available for public inspection (Attachment #3) Because the tracts to be annexed are for the most part undeveloped, immediate demand for services is low There are approximately 70 single-family residences, 1 mobile home, and two non-residential uses developed in the area today, with an estimated population of 200 residents Tract #4 is a developed residential subdivision with an estimated population of 132 people Approximately 930 acres (62%) of the 1,711-acre annexation area is identified as land defined as Environmentally Sensitive Areas (ESA's) The estimated residential development capacity of the area is 5,500 dwelling units, with an ultimate population of 14,000 residents All properties within the annexed tracts will be entitled to city police protection and code enforcement, fire protection and prevention, emergency medical service, solid waste collection, maintenance of roads and streets, library services, building inspections and consumer health services, and planning and development services upon the effective date of the annexation OPTIONS The boundaries of the proposed annexation may be reduced, and the service plan may be amended without disruption to the annexation proceedings After Council decides if changes should be made, staff will prepare the draft annexation ordinance for consideration of adoption on first reading at the November 28th Council meeting RECOMMNDATION Staff recommends that the second public hearing for A-102 be held as scheduled Pending comments received, Council should first determine if any properties are to be withdrawn from the annexation 2 proceeding, accompanied by a determination of the public interest(s) served by such withdrawal Once the annexation boundaries have been confirmed, Council should then determine if service plan amendments are needed Staff recommends approval of the reformatted service plan, which has been revised to add more specific information Staff continues to recommend annexation of the tracts identified in their entirety, an action that is consistent with the Denton Plan Specific reasons for this recommendation include a The annexation tracts are part of a larger area that is experiencing intense development pressure The city's comprehensive plan clearly indicates that urbanizing areas of Denton's ETJ should be annexed to protect both existing and new residents and property owners b The southern border of Denton has been fixed through interlocal agreements, and the annexation of Country Lakes and Robson Ranch Services have been programmed at significant cost to the city, and will be extended even further south than the proposed annexation tracts Improvements such as the US 377 water line, Graveyard Branch wastewater line, Hickory Creek Road expansion, and the US 377 / I-35W connector through the Vintage Planned Development will enhance property values in the proposed annexation areas, and will make these tracts more attractive to developers c The annexation will allow the City of Denton to provide municipal services to the subject tracts that are already in the process of being extended as far south as Country Lakes and Robson Ranch Utilities extensions have been budgeted and are being implemented Phased extensions of police, fire, and emergency medical services to the southern extreme of the city are being planned and programmed, and will occur in proportion to population growth Programmed and funded capital improvements include 1 US 377 Water Line Extension $2 2 million 2 Graveyard Branch Wastewater Line Extension $2 3 million 3 Fire Station #7 $3 3 million 4 US 377 / I-35W Road Connector $19 million 5 Hickory Creek Road Expansion (2 to 4 lanes) $2 2 million (with County) TOTAL $11.9 MILLION Consolidation of the city's southwest service area during its rural-to-urban transition will enable the programming of capital improvements gradually with lower risk of budgetary stress The City of Denton should act responsibly in protecting public health and safety by annexing growing ETJ areas before urbanization occurs d The need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue Without zoning and other land use regulations, subdivision plats can be filed and approved with no assurance of quality or adequate services While this may seem to affect only those in the new developments, all property owners in the vicinity suffer when road capacities become overwhelmed or other services become stressed e The annexation tracts also contain significant acreage designated as Environmentally Sensitive Areas, which have important water quality and flood control implications The 3 City of Denton intends to preserve these areas to act as natural flood channels, rather than allowing filling of floodplams and paying for expensive concrete-lined channels at a later date f The annexations are not financially motivated Annexation of primarily undeveloped land yields little in the way of revenue when compared to the expansion of the area for which the city must provide services Residential properties typically do not cover the full cost of services without support from the city's nonresidential tax base ESTIMATED SCHEDULE OF PROJECT Council is scheduled to consider adoption of the annexation ordinance on second reading on January 9, 2000 Due to recent amendments to state annexation law, the effective date of the annexation may be set in late January or early February 2001, to allow the U S Department of Justice (DOJ) a 90-day review period to assess compliance with the Voting Rights Act Submittal of proper documentation to the DOJ will not occur until Council decides if boundary changes should be made PRIOR ACTION/ REVIEW The issue of annexation in the US 377 / I-35W area was first raised in spring 1999 Several parcels currently being considered for annexation failed to be annexed, although Robson Ranch and Willow Lakes were annexed during May / June 1999 City staff asked Council to reevaluate potential annexation of this area, and during the August 22, 2000 work session, staff was instructed to institute involuntary annexation proceedings because of infrastructure availability and impending development pressure Spring 1999 Council declines to annex US 377 / I-35W parcels August 22, 2000 Council instructions to staff to initiate annexation proceedings Petition Filed September 22, 2000 DRC Review August 24, 2000, September 7, 14, 21, 28, 2000 and October 6, 2000 Public Hearing #1 October 24, 2000 ATTACHMENTS 1 Location Map (page 5) 2 Annexation Schedule (page 6) 3 Service Plan (pages 7-24) 4 October 24, 2000 Public Hearing - Comments & Questions (pages 25-30) 5 Written comments received since October 24, 2000 (pages 31-42) Respect lly fitted 71 Dougl s S Powell AICP Director of Planning and Development Prepar d by Marcy atcliff Development eview Manag 4 ip Attachment 1 NORTH A-102 U.S. 377/1-35W Location Map . o agns z o EE Scale None 5 Attachment 2 ANNEXATION SCHEDULE FOR US 377/I-35W Annexation Area Friday, September 22 Involuntary Annexation Petition filed, Annexation Study & Service Plans Drafted 30 day notice of intent to annex to each property owner, each public entity or privet entity that provides services in the area and each railroad company Friday, October 6 Annexation Service Plans Completed Thursday, October 5 Notice sent to be published on Monde October 9 on City Website and in Denton Record-Chronicle for CC's first public hearing (Noon) Friday, October 13 500' Courtesy Notice and Posting of signs Thursday, October 19 Deadline for receipt of petitions for opposition (10 days after notice) Tuesday, October 24 City Council Conducts first public hearing Wednesday, October 25 Notice sent to be published on Saturday. October 28 on City Website and in Denton Record-Chronicle for PZ's public hearing on annexation and zoning and CC's second public hearing on annexation and zoning (Noon) Tuesday, November 7 City Council Conducts second public hearing Wednesday, November 8 Planning and Zoning Commission public hearing - make a recommendation to City Council regarding the proposed annexation and the proposed zoning Tuesday, November 28 First reading of annexation ordinance - City Council by a 4/5's vote institutes annexation proceedings Wednesday, November 29 Annexation ordinance to be published on Saturday, December 2 on City Website and in Denton Record-Chronicle Tuesday, January 9, 2001 Second reading and adoption of annexation ordinance and zoning ordinance - City Council by a 4/5's vote takes final action 6 Attachment 3 City of Denton Annexation Service Plan for A-102 (US 377/135 W) 1. AREA, ANNEXED The annexation area is located to the southwestern portion of the extra-temtonal jurisdiction of the City of Denton, and contains approximately 1,710 acres The annexation area is located east of Interstate 35 West, south along Bonme Brae to U S Highway 377 south and to the north of Brush Creek Road A location map is provided as Exhibit "A" II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Section 43 021, 43 065 and 43 065(b)-(o)(Vemon Supp 2000) Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city in accordance with the following plan The City shall provide the annexed tracts the levels of service, infrastructure and infrastructure maintenance that are comparable to the levels of service, infrastructure and infrastructure maintenance available in other parts of the city with similar topography, land use and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A PQLICE CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES The entire complement of Police, Code Enforcement and Animal Control services will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area The 'Police Department will be able to provide appropriate service to this area immediately upon annexation The immediate impact of the annexation will be addressed by the police department without additional resources, due to the primarily undeveloped condition of the area, The Police Department already provides service to neighborhoods that directly surround the proposed annexation area As the population grows and more land is developed, additional staffing will be deployed to maintain a consistent level of service The Denton Police Department employs a policing philosophy known as Community Oriented Policing Services (C O P S wherein, the mission is to positively impact the quality of life throughout the community To achieve these ends, the department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace and enforcing the law, thereby, 7 providing for a safe environment for all citizens The primary goal is to provide a system of delivering police services to neighborhoods based on three basic elements ➢ Consultation ➢ Adaptation ➢ Mobilization Implementation of these three elements provides for structuring service delivery in a way that reinforces the strengths of neighborhoods, whereby it involves the community in all policing activities that directly impact the quality of community life Neighborhood officers are the link between citizens and the management of the organization and take the initiative to seek and collect information/ideas from average law abiding citizens Through these activities, the officers are better informed about what the citizens want in the way of police service in their respective neighborhood and plans are adopted to implement those services This system of service delivery has been nationally recognized via two National League of Cities awards for "Innovative Police Services Programming" Those awards were received in 1994 and 1997 The Police Department offers a Citizens Police Academy that was launched in the fall of 1992 It is specifically intended to involve residents in policing through a curriculum designed to acquaint participants with the entire police operation, thus providing a clearer understanding of what the police and other associated services in their community can do for them Additionally, the department offers a Citizen Youth Academy with much the same focus, except it is directed toward youth ages 15 to 18 Many other programs are offered, such as, the HE AT (Help End Auto Theft) program, S C A M S (Senior Citizens Against Money Scams) presentations and various Crime Prevention surveys, just to name a few B. FIRE AND EMERGENCY MEDICAL SERVICES Fire protection and emergency medical services will be provided on the effective date of the annexation using existing Denton Fire Department personnel and equipment Also, a mutual aid agreement with the Argyle Volunteer Fire Department currently exists The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Denton Fire Department services immediately available include ■ Fire suppression/rescue response = minimum staffing level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations = 4 engine companies, 2 quint engine companies, 1 truck company, 4 medic ambulances and 1 Battalion Chief ■ Emergency medical services at Advance Life Support (ALS) level = all fire engines have a paramedic and paramedic equipment - The City has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company ■ Voluntary home fire prevention inspections ■ Swift water rescue team and equipment ■ Urban search and rescue team and equipment ■ Heavy rescue team and equipment 8 ■ Hazardous material response ■ Fire prevention and education program = clown program and fire safety trailer ■ Victim support program ■ CPR/First aid training for citizens ■ Emergency management program for disaster preparedness Fire Protection and Prevention 1 Initially, fire protection will be provided by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane Depending on the type of emergency, additional equipment will be required For example, a structural fire requires 3 engine companies, 1 truck company, a Battalion Chief, an ambulance, and a Fire Marshal for an initial response 2 The Fire Department's emergency response time to this annexation will exceed the Fire Department's five-year Strategic Plan's goal of a 4-mmute response time to City residents 80% of the time However, the Denton Fire Department's response to this annexation area will still substantially improve the current level of fire protection and emergency medical care 3 The Fire Department Strategic Plan recommends two new fire stations in this area in order to maintain the same level of service provided to other areas of the City of Denton The Fire Department Strategic Plan calls for new fire stations located in the vicinity of Brush Creek Road and US 377, and in the FM 2449 / I-35 W area These new fire stations will allow for an acceptable 4-minute response time in 80% of the emergencies The FM 2449 / I-35W station (#8) is being actively pursued at the present time, and will be built by the year 2002 Station #9 will be programmed as conditions warrant, depending on new development and population growth 4, Other areas within existing city boundaries do not meet the 4-minute response time goal and are similar in duration to the expected response times to this annexation Improving future response times to these areas are also addressed by the Fire Department's Strategic Plan 5, The City of Denton is close to signing an automatic aid agreement with the City of Fort Worth Fire Department for brush fire response into this area along with structure firefighting 6 No automatic aid agreements with Argyle Volunteer Fire Department currently exist with the City of Denton Through a mutual aid agreement, fire protection responses are provided on an as-needed basis, and the sharing of manpower and equipment is coordinated by the on-scene commander of the affected jurisdiction Automatic aid with any surrounding volunteer fire department would not achieve the same level of service as the rest of the City of Denton due to the nature of a volunteer fire department Volunteer fire departments are not sufficiently staffed and ready at a moment's notice as compared to a fully paid fire department as exists in the City of Denton 9 Emergency Medical Services Emergency Medical Services will be provided immediately on the effective date of the annexation using existing Denton Fire Department personnel and equipment The annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the existing population C. ROADS AND STREETS Maintenance of roads and streets in the area to be annexed will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Roads and Streets 1 An inventory of existing roads within in the subject area, including those subject to immediate and long-term maintenance, and future construction needs that will be the responsibility of the city, is attached as Exhibit "B" 2 The City of Denton currently maintains 335 miles of road The subject area currently contains 5 3 miles of public roads that are maintained by the County These roadways would become the City of Denton's responsibility immediately upon annexation No new equipment or facilities would be required to serve the area 3 Based on a projected build-out population of 14,000 residents, and 300,000 square feet of industrial development, and assuming there will be additional roads constructed as property develops, it is anticipated that at least two additional street crews and two office personnel will be required in order to maintain current levels of service at full development Additional equipment for the street crew would include a dump truck, backhoe and miscellaneous field supplies totaling $650,000 00 These resources would not be needed until the area becomes more fully developed D. STREET LIGHTING Street lighting will be available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area E. PARKS AND RECREATION SERVICES If any city park and recreation facilities are located within the annexed area, the maintenance will begin on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with 10 topography, land use and population density similar to those reasonably contemplated or projected in the area No parks are currently located within the proposed annexation area The closest Denton neighborhood park properties are the undeveloped Cross Timbers Park and Bent Creek Park, which are adjacent to the annexation area Southlakes Park, located at Hobson at Santa Monica (approximately 12 miles away) and Dema Park, located at 1001 Parvm (approximately 1 mile away) are community parks located within reasonably close distance of the annexation tracts Current residents will be able to use existing City of Denton parks, facilities and programs Parks and Recreation Facilities The current 2000 Parks and Recreation Master Plan indicates a need for a community park in this general area Population projections indicate a build-out population of - 14,000 people living in 5,500 housing units Based on service standards set in the Park and Recreation Master Plan, an estimated 35 acres of new parkland will be needed for neighborhood parks Since the Parks and Recreation Master Plan indicates a need for a Community Park, a mimmum of 30 acres will be necessary for such a facility Neighborhood parks are currently supported by the Park Dedication Ordinance, which requires development exactions for land and improvements Taxpayers share the costs of community parks on a citywide basis, typically through capital improvements programming F. LIBRARY SERVICES Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The closest library facility to the annexation tracts is the South Branch Library, located on FM 2181, near the intersection of FM 2181 and Wind River Drive G. BUILDING INSPECTIONS AND CONSUMER HEALTH SERVICES Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Both services are provided on a "cost recovery" basis, and permit fees are used to offset the costs of services delivered H. PLANNING AND DEVELOPMENT SERVICES Planning and Development Department services will be provided will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The Planning and Development Department currently provides services to the annexation tracts by way of administration of Chapter 34 of the Code of Ordinances, Subdivision and Land Development Regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses land use in the city and its ETJ, and the subject tracts contain potions of a Regional Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatibility Areas, and 100 Year Floodplam / Environmentally Sensitive Areas The Denton Plan designates future land uses to 11 manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplams as environmental and open space condors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A. SOLID WASTE SERVICES The City of Denton Solid Waste Department is the exclusive residential and commercial solid waste service provider in the City The Department is an entirely fee based operation and receives no resources from taxes The current residential solid waste rate is $16 per month for twice, per week pick-up Commercial rates vary depending upon the scope of service provided Solid waste collection service will be provided to the property on the effective date of the annexation The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers for two years after the effective date of this annexation in accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection service the customer must contact a City of Denton Customer Service Office and submit a request / application for service Solid Waste Collection Existing development in the area can be adequately served with resources provided in the fiscal year 2001 budget with no appreciable impact upon those resources Future impact will be determined by the rate of growth For automated residential systems an additional residential route is needed for every 800-1000 dwellings The city proposes to serve this area with automated residential collection using roll-out carts when such a route is extended into the annexation area B VyATER AND WASTEWATER SERVICES Maintenance of existing City of Denton water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be continued to be maintained immediately on the effective date of the annexation The majority of the area to be annexed is provided water by either a private water well or the Argyle Water Supply Corporation, and a private wastewater system The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Water and Wastewater Facilities The Water Master Plan includes the 20-inch water main along US Highway 377 The proposed annexation areas could be served by tapping into the 20-inch water main This line will be available for service by April 2001 However, this 20-inch line by itself cannot provide service capacity for the entire annexation area The Master Plan also mcludes a 16-inch water line along Bonnie Brae, a 12-inch line through the Vintage Sub-division and a 20-inch line along I-35W that will end at Crawford Road 12 These lines are not currently in the FY 2000-2004 Capital Improvements Plan The proposed master plan water lines in the annexation area are shown in Exhibit "C" The City of Denton will be the retail provider of water utility service for all future developments in the area since they will be annexed into the City limits and lie within Denton's CCN for water utility service The Wastewater Master Plan shows the Roark Branch Sewer Line that will tie into the existing Hickory Creek Interceptor (See Exhibit "C'~ The only existing City of Denton utility line that lies within the proposed annexation area is the Hickory Creek Interceptor sewer line The impact of annexation and development of the subject tracts can be accommodated by the programmed Graveyard Branch Interceptor that will be installed in the southern portion of the annexation tract, and the Hickory Creek Interceptor The City of Denton will be the retail provider of wastewater utility service for all future developments in the area since they will be annexed into the City limits and he within Denton's CCN for wastewater utility service No additional equipment will be needed for wastewater to serve the annexation area C. DRAINAGE SERVICES Drainage maintenance will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Drainage Services 1 Annexation of this area includes subdivisions that may be poorly drained Some areas could be substandard and susceptible to flooding Major channel or storm drain systems may be required Correction of these problems will require expenditure of City funds In addition, easements may not exist to perform maintenance of existing channels or storm drains 2 Provision of drainage services is currently funded by water and wastewater ratepayers As development occurs, and sewer or water service is extended to these areas, funding will become available to provide drainage maintenance 3 Easements may not exist to perform maintenance of channels or storm drains in existing developments, and will have to be secured before the city will consider providing services in these areas 4 This area contains creeks that do not have a detailed flood study The Master Drainage Plan Update will include these properties, if annexed, as part of a detailed flood study 5 Areas currently experiencing moderate to severe erosion may require eventual repair 6 New subdivisions would be subject to the City's Drainage Criteria, subdivision regulations, and interim regulations Areas along Hickory Creek Road, FM 1830, 13 Highway 377, Country Club Road, and Brush Creek Road contain properties in the 100-year floodplam Approximately 740 acres lie within the 100-year floodplam In addition, this area contains designated Environmentally Sensitive Areas The majority of the floodplam has a contributing drainage area of greater that one square mile The proposed development code will essentially prohibit any disturbance of the floodplam and environmentally sensitive areas in these areas Structures, parking lots, fill, excavation, land disturbance, fences, decks, pools, and other aboveground manmade structures will be prohibited in the floodplam D ELECTRIC SERVICES Denton Municipal Electric is certified by the state and is obligated to provide electric utility service to the entire annexation area should a request be made by a property owner Other electric service providers are also certified to provide electric utility service within the annexation tracts, and customers may elect to choose the electric company they prefer Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Electric service to properties within the annexation tracts will be able to continue without disruption for any customer currently receiving such service Denton Municipal Electric has existing facilities in the Ryan / Country Club Annexation Area The 138 kV transmission line crosses the annexation area Distribution facilities are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road Denton Municipal Electric plans to build two substations one on US 377 and the other at Teasley Lane and Hickory Creek Road V. OTHER SERVICES Other services that may be provided by the city such as animal control, municipal and general administration will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street and drainage facilities will begin within two and a half (2 '/2) years unless certain services can not be reasonably provided within that period If certain services cannot be reasonably provided, the city will provide those services within 4 and a half (4 ''/3) years after the effective date of the annexation Construction will be completed within four and one- half (4 'h) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the city Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city 14 VII UNIFORM LEVEL OF SERVICES MAY NOT BE REOUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service VIII. TERM This service plan shall be valid for a term of ten (10) years Renewal of the service plan shall be at the discretion of City Council IN. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) X. EXHIBITS Exhibit A Annexation Tracts Location Map Exhibit B Roadway Inventory Exhibit C Water & Wastewater Facilities 15 EXHIBIT A ` LOCATION MAP US 377 Area Tract 1 i i e w •.a ` ~L w w ne t w ~ ! r w 14 ym~ .d N 1000 0 1000 2000 Feet 9/21/00 16 / , IUA~YOIL~~.lM4R ~ e LOCATION MAP , US 377 Area Tract 2 J } . 3'LY1 Y V. Y J • • 71' Q IV ti , StP e"ra"s. tx r n jsv ~~5 x k cvrfY der ' i~ ru '1 .h'~~1Ur S _'h ,'~"rFY6~ ~~r r y~lyx'p L s Kav t ~ ~J ti {s{~~1Y~~tt~~1~A ~•1y]5{t~~L.,~ °W_ °~Yu 7~ YYY i Y} u u)^ 'A ~r a~is `a~ f `-,i ~ e y I x x N S 1~ 1 1000 0 1000 2 xY ) ) 1~O n ' • r 17. < I ®I4'I •"I°fl'°Irl'■I'1'1°'I°°F°~P°I LOCATION MAP IL = . US 377 Area Tract 3 M A ® we L 1 + e ® ®m~ of a • -1 A % IL 1.654 ACRE D x' r I i I ~aa ® ~I Jr vvm rA c t n t 0;;:200.!~00 efeet,, 'd'r k S 4'! r ~ ~ rA r 9129a100 18 c~ww r LOCATION MAP R US 377 Area Tract 4 4 0 C W e q Z m 17 CRES m Y s y•` d r..1 I Al 1 RED e + ~ ~ f t y r r m r r 6p F { 1 1 h \ r ` A b { ♦ •er t t e a < 4 p"000 F4t'° Y`rryt y 000 6ss' ,o,,,, .s 9/2 19 EXHIBIT B US 377 /1-35 W Annexation Area Affected Streets OCABIN ROSEIAM i "PINTAWE / ' , FlJfU7EA1JC37vEM 1 ALR® / "W%o w z, ERL6H CREEK Le F ected Streets I0` Euasbng Streets v / \ / Planned Thoroughfares g I~V Planned Collectors / ~ aiy llmrts / Arrexabon Area Not ToScdo 20. Happy Acres Area Annexation Affected Streets P HILL m C MIRED U' BRUSH CREEK ENS LEG Affected Streets /V Basting Streets Planned Thoroughfares Planned Collectors aty umks A neuation Area Not To Scale r--j 21 Fit all[ m z A igj cn gs m T Jett a Hli 10111 Rawl, er SL 22 EXHIBIT C Legend Developments Burch Tract ® Ryan Tract G The Hills of Argyle ® The Vintage ® Weatherford Tract Annexation Areas 0 377 & 35 Ryan & 1830 141 Priority Proposed Line REVENUE PROJEC Ryan Eb.% eexa~liu EMn~bn { 1 MM PUN PROJECT l R.,kB .h 6'wwl~~M ~ Yf gI`J~ f ~ ' N J V~1 Ha py t / a cr~a 6VEARGPPROJECT Ora,s w B..h 6wwrliro 0 05 1 Miles IN AREAS - SERVICE PLAN SEWER 23. Legend Developments Burch Tract AM9TER PLAN PROJECT ® Ryan Tract t The Hills of Argyle 111 ® The Vintage S YEAR CIP PROJECT Eonnb En.~A'AaNn. Weatherford Tract Annexation Areas 0 377 & 35 Ryan & 1830 t' rf t- Priority f ~ 5 YEAR CIP PROJEWi ar Country CluSRatl Nhbtlim BYEAR CIP PROJECT s > ~'s I 15[ ~'I,~ 6tyn Proposed Line Vlnbpe W+brIIM ~ eQV u" 3:t >r u ~a M REVENUE PROJECT SYFAR CIP PRWECT / t'> 0rt RMEI 6AMbn Nnbxg9TNYbrPn. fl 4U > N 6 ',y yy J s Ha pY I 0 05 1 Miles WATER ANNEXATION AREAS - SER 24. Attachment 4 COMMENTS AND QUESTIONS From the OCTOBER 24, 2000 A-101 & A-102 PUBLIC HEARING [Note City Planning staff has prepared the following comments and questions using meeting notes and videotape review If the comments, questions, or speakers' names have been represented incorrectly, or if omissions have occurred, we apologize and ask that we be informed of the oversight so that corrections can be made J COMMENTS QUESTIONS FROM A-101 RYAN / COUNTRY CLUB AREA 1 Are the assessed amounts the market value or the assessed value9 Shown on page 39 2 In the recent past, Robson and Huffines agreements were made to pay for oversizing of the US 377 line extension, and was a capital project funded through the Utility Department as part of a negotiated settlement What other projects are expected to take place in the next 5 years in which there is oversizmg money for the extensions9 3 Distribution lines should come off the major transmission lines, and the city should pay for the oversizmg 4 For ESA's, what are the restrictions and who has oversight responsibihties9 Within the ETJ, Division 1, does development have to meet minimum requirements of FEMA, such as stay out of floodway, or fill 1 foot above flood levels9 5 A Sanders Road neighborhood written protest was submitted in opposition to the annexation 6 Services typically expected with annexation include water, sewer, and garbage service Currently, most residents in the area have water and great septic systems, they do not want to pay taxes for no additional services 7 Mr Burch has a lot of property in the flood plain, very little in the way of services provided, and it's not worth the city's effort to tax the property He is still actively farming the property The city has refused to extend water to his property 8 Mr Tommy Calvert, 5299 Settlers Creek Road, owns 140 acres that have been used by 4 generations for agriculture production A portion is in the flood plain that is undevelopable, and is only good for farming 9 With the depressed agricultural prices today it is impossible to pay the county taxes If annexed into the city it would be near impossible to pay for city and county taxes by way of crops, hay or livestock 25 10 Developments on the north (Thistle Hill) and east (Ryan Ranch) have created problems of flooding, trash, development workers trespassing on private property, and the city not being able to keep up with the development 11 The environmental impact of the development has created standing water on some properties, and erosion control is not working on bridges and roadways Trees are being removed from property being developed, which will impact the environment and the watershed 12 City taxes will create a burden on some families because they are on a fixed income Crops raised are used to feed the livestock The annexation will force them to sell the property instead of passing it on to heirs The city should encourage annexations to occur voluntarily rather than involuntarily 13 Dot Thompson, 175 Ryan Road, was concerned with traffic in the Ryan Road area The city needs to take care of the traffic that is already in the city limits Is City Council was aware of traffic problems at Country Club Road and US 377? A tax bill is all the property owners will receive No existing water or sewer service lines are located along Ryan Road The annexation will amount to discrimination if you are not treating the property owners in the annexation area like other residents of Denton What you are offering the citizens of the area? The city is prejudiced because it wants to annex the property without providing any services The city is not offering her anything she does not already have What is the city offering in exchange for taxes? 14 What is the time element for providing services? What is meant by difficulties in providing services? The Mayor elaborated on what city taxes pay for Water and sewer service are not provided by taxes 15 Is there a mechanism for paying taxes later9 16 Fred Smith, owner of the Denton Roundup Club on Ryan Road, indicated that taxes would take money away from the kids 17 David Witherspoon, 410 Hamilton Road, said that annexation will just raise the taxes with no services Ryan Road is dangerous because of the hills The city needs to fix its own streets before taking on any other streets COMMENTS / QUESTIONS FROM A-102 US 377 /1-35W AREA 1 If the City Council accepts the protest petitions, what does it mean Staff indicated that the petition was accepted to hear citizen input The petition as submitted was not legally sufficient to require a public hearing in the annexed area as per state law 2 Legal Staff recommended changes to the service plan Recommended revisions included, "Renewal of the service plan shall be at the discretion of City Council If the City Council determines the service plan needs to be amended, it may be changed through the public hearing process If it is determined at a public hearing that conditions have changed or subsequent occurs make the service plan unworkable or obsolete to may amend the service plan to conform to the changed conditions " 26 3 Council asked if it was appropriate at the current time to amend the service plan The service plan was amended as per Legal Department recommendation, approved, 7-0 4 City Attorney Herb Prouty noted that the amendments to the service plan could not be made, because there was not proper notification The vote taken was considered ineffective Staff was directed to place proper language on the November 7`4 agenda to allow the amendments 5 Staff thought that the protesters wanted the merits of the petitions to communicate their desire not to be annexed They did not seem to be strongly interested in the location of the next public hearing 6 Staff indicated that the separation of the annexation areas was due to differing growth pressures A-101 growth pressure is from Teasley Road and Ryan Elementary School The A- 102 area growth pressure stems from the major roadway connector from I-35W to US 377, new water and sewer line extensions, and the potential for plat submittal for residential development Staff indicated that property owners are weighing their options given the availability of services and are also aware of vested rights issues 7 When is the US 377 / I-35W roadway connector planned9 There is currently $19 million in the current CIP Staff replied that it was understood that is Mr Jowell is negotiating with the Burch Family to buy property to complete the connection 8 Phillip Henderson, at Bonnie Brae and Hickory Creek, asked several questions Council asked him to give his phone number to staff so they could contact him to answer his questions He had questions about the effect zoning will have on existing sales of sand and gravel, and the potential for future oil and gas exploration and wells 9 The status of the closing of Bonnie Brae was questioned 10 Are uses established prior to annexation grandfathered9 11 What does the new code provide for oil and gas wells9 12 Becky Koonce, 4365 Bonnie Brae, is served by water, and has a septic system The county does not maintain Bonnie Brae very well, and the small section maintained by the city has not been maintained all year long She sees no benefits from the annexation Are fire hydrants installed? 13 Mary McWhorter said that the residents of Happy Acres are 100% against the annexation Is the city going to request some kind of agreement with the Argyle Fire Department'? They are voting members of the Argyle Water Supply Corporation Is the Denton Country Club in the city limits? How much of the property in Happy Acres is undeveloped? Will the Argyle Fire Department still service the area? Will the addresses change9 14 Vicky Watson, 2452 Hamilton Road, asked What are the CIP protects related with this annexation? Will the lines be extended to them9 Is involuntary annexation the only option Explain the differences between voluntary and involuntary annexation Is there a remedy for Happy Acres area? Will Bonnie Brae be closed9 Will Bonnie Brae be repaved9 When will 27 US 377 be widened? Liberty Christian School did not get the proper zoning and the traffic and access were not taken into account when it was developed Council explained the circumstances of the project, including the opening of the school without the city's knowledge 15 BFI solid waste collection is provided to current residents How is this affected? Staff indicated that private service may continue for 2 years Denton Municipal Solid Waste will then provide services Such services may be provided sooner if desired by the property owner 16 David Saxe, 8023 South Bonnie Brae, was present last year at the city-mitiated annexation Tract 1 is purely agricultural The City will provide a tax bill with no services The fire protection proposed to be provided will be inadequate, because of the distance Bonnie Brae will be closed He spoke about the major connector between I-35W and US 377 - if it were to cross the railroad tracks, two other crossings would be required to close Which crossings are proposed to be closed? He suggested that voluntary annexation be the way to go 17 Patricia Brown, 4300 Johnson Lane, felt that closing Bonnie Brae, a major north-south thoroughfare, should not occur She felt that she should not have to be back before City Council again within one year after talking about the annexation so recently 18 Betty Farmer, 9475 Hilltop Road, indicated that traffic on US 377 is bad Access to Denton is through US 377 and Teasley Widening will not be effective due to new subdivisions construction Majority of the area is in the flood plain, why is the city considering annexation when there is such a large area of flooding? Council members responded that the city is interested in watershed management, storm drainage, and water quality for protection of the entire city, and that development is creating the environmental problems 19 Lonny McGee, 1200 Brush Creek Road, asked if there are there other areas proposed for annexation this year, and inquired if the maximum annexation area allowed in one year would be exceeded She also felt that Denton cannot provide satisfactory police and fire service Privileges they have now include open fires, discharge of firearms, fireworks, and they can build any kind of building without any permits or inspections that cause delays and disruptions How much money is the city getting out of this annexation9 He wanted acknowledgement of receipt when he sends e-mail to City Council He felt that road improvements for curb and gutter will be assessed and each adjacent property owner will receive a bill for the improvements 20 Richard Smutzer, 7053 South Bonnie Brae, said the annexation is taxation without representation No services will be gained with this annexation No one on City Council represents him now The service plan can be speeded up or slowed down When would services be provided, and are any guarantees that services will be provided? What happens if the service plan conditions are not met? Legal staff indicated the state law allows property owners to challenge the lack of services with in the first two years using a writ of mandamus The City could agree to disannex or agree to a revised schedule for provision of services Who pays for the attorney fees? Staff indicated that if they are disannexed then there is a procedure refund taxes paid, it is incumbent upon the property owners to come in within 2 years with a writ of mandamus There is a provision that provides that attorneys' fees be paid The court can require the city to provide reasonable services within a certain timeframe or be assessed civil fines 28 21 Mont Wilkes, 141 Springfield Lane, said that the service plan has no specific details, dust ambiguous statements What is the time frame? Are the services available in 2'/x years, or does construction have to start for the services in 2%s years Why does the city not have an annexation plan? Should there be some negotiation with the land owners? What are the exceptions? When does it apply or not apply? He cannot wait 4'/z years to get water service on Bonnie Brae Denton does not have the best representation Bonnie Brae will be closed It should not be closed The city's Subdivision Ordinance controls ETJ development, so why is annexation necessary? Restrict the area somewhat Services should be provided before it is annexed Legal staff responded that annexation plans were required to be filed by December 31, 1999 There is a grace period for such annexation plans The exception states areas with fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract are the type of actions that require an annexation plan once the grace periods ends However, the cities have until December 31, 2003 for that provision to kick in This particular type of annexation is exempt from the annexation plan requirements because the number of residences is less than 100 even though there are over 100 tracts 22 Kevin Wade, 6979 South Bonnie Brae, was concerned about fire protection and prevention A mutual aid agreement is proposed with the Argyle Fire Department He believes the fire department cannot provide services to him as well as his current service from the Argyle Volunteer Fire Department Bonnie Brae will definitely be closed at US 377 Closing of the northern section of Bonnie Brae is proposed If closed prior to completion of other thoroughfares, a safety hazard will be created because of the traffic problems on US 377 He requested that Bonnie Brae not be closed until other access if fully provided Five years ago, at a City Council meeting regarding development of his property, with developer Everett Frasier, City Planner Owen Yost led City Council to block the provision of water 23 Sheila Luster, 4377 South Bonnie Brae, said that annexation should be for the mutual benefit for both parties Will agricultural exemptions stay in effect? Evaluate the pros and cons Why pay taxes with no additional services? Water tap fees and pavement of Bonnie Brae was not accomplished because the developer and city planner could not get along and the improvements were not made There is no intention of putting in fire hydrants before 2004 24 David Yoder, 940 Brush Creek Road, asked what is the tax rate? The response was 524 per $100 valuation What is tax money going to be used for? How is annexation going to improve my quality of life? Is the road going to get better? Am I going to get sewer? What will I get from paying city taxes? What will the posted speed limit on Brush Creek be? When will Brush Creek Road and its bridge be improved? Will the police give speeding tickets to speeders? 25 Bill Lewis, 900 Brush Creek Road, was unconvinced that annexation will provide any benefits The city does not need the money from small residential areas 26 Mike Barber, 313 Allred Road, was present last year at the proposed annexation and is still opposed What is the density of Country Lakes North? There is no plan on how the services will really be provided in the area 27 M C Burch, 7034 Country Club Road, said the proposed water line is 4200 feet long What is the distance required between fire hydrants? He feels he is a victim of progress, not a winner 29 28 Charles Hackett, Country Club Road, observed that a common thread is that no property owner is in favor of annexation One of the reasons for annexation is for control of the land during development Bent Creek Estates was not built to the desired standards of City Council Bent Creek was in the city limits under City Council control The control was not taken by City Council, and its authority was not used to control the development 29 Gene Price, as a citizen of Denton, requested City Council to not annex these properties 30 Gary Davis, 970 Brush Creek, felt that City Council is asking for money for things he already has How will it affect his utility bill? Will the annexation affect the water rates? 31 Tom Holamon, 3246 South Bonnie Brae, asked how can the city of Denton control the floodplain that he already controls? What can the city do with the tax money to protect the floodplain? It can't be developed City Council assured the property owners 10 years ago and the Vintage development that there was no intent to annex his area to serve other developments You are doing what you said you were not going to do 32 Terry Houston, 4524 South Bonnie Brae, asked if there is any possibility to sway City Council to vote no? What are the conditions to voting no to all the properties? What is needed for a no vote? You should receive something for what you get Staff responded that a super majority is needed to approve an annexation Two votes against the annexation would deny the annexation 30 Attachment 5 Written Comments Received Since October 24, 2000 31 NOTICE OF PUBLIC HEARING A-102 (US 377/1-35W Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,711 acres into to the corporate city limits of the City of Denton, Texas The property is located in southwest Denton, generally between US Highway 377 and Interstate Highway 35 West, and a small area east of US Highway 377 along Brush Creek Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agncultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning change request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This In no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person ~n V Planning and Development Departmeit 221 N Elm ST Denton, Texas 76201 NOV - 1 2000 Attn Marcy Ratcliff, Development Review ger Please circle one P~ OPMENT In favor of request Neutral to request C!posed to request Comments W P ff,.4-V r No rtSS UeRf~ NC~3 PPE kJ lol l Ar '2_ TU ~A/ 7?"-5 /Ar77> wH#T /S onf 377 SOVI-H OF 1-3-6-, /~.f12S~ `'!1"Wnl S/foPS~ <ow f~~.f~G~i /-favsiNG f .SUN ~OwN ~uS/~t3s~' , Signature Printed Name Rag~XT it gvA'✓✓S Mailing Address y421 k,i o 1JA 77~t/& City, State Zip (1 n6YLi-~ 7,-t 76226 Telephone Number 03 90 9 y Physical Address of Property within 200 feet H921 /Qi 0 k14- 7r,,414 CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 76201 - 940 349 8350 - (F) 940 349 7707 32 NOTICE OF PUBLIC HEARING A-102 (US 377/1-35W Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,711 acres into to the corporate city limits of the City of Denton, Texas The property is located in southwest Denton, generally between US Highway 377 and Interstate Highway 35 West, and a small area east of US Highway 377 along Brush Creek Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning change request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from attendm artici atin in the public hearing ) You may fax it to the number located at the bottom, mail it t > i s~ b1NCYdy ff in-person U U V Planning and Development Departm NUV - 1 2000 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcliff, Development Review G $r ENT Please circle one In favor of request Neutral to request Opposed to request Comments rnl~ P,~vP 1 /S ,46-a uLTIJ e~L AND 42 ~nan~-~~~ c75Z"h TJ~ /3f /-~rJn/~,tr'n JnITV j/~~ Signature Printed Name, Mailing Address / O 4 v 6 g,.~ e ,7 tE City, State Zip v -x >_j~ Telephone Number L L- Z o 3 e Physical Address of Property within 200 feet 82 us 14 n ~ V -c, CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940 349 8350 • (F) 940 349 7707 33. NOTICE OF PUBLIC HEARING Z-00-021 (US 377/1-35 W Zoning) & A-102 (US 377/1-35W Annexation) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally in the southwest section of the city between US Highway 377 and Interstate Highway 35 West, as shown shaded in the enclosed map The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning change request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form date of the public hearing (This in no way prohibits you from atte, public hearing ) You may fax it to the number located at the bottom, mai )Ito ff in-person OCT 3 1 2000 Planning and Development Depa nt 221 N Elm ST Denton, Texas 76201 PLANNING & DEVELOPMENT Attn Marcy Ratcliff, Development Rev The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request Comments Signature Printed Name Mailing Address City, State Zip ? Telephone Number -.i Physical Address of Property within 200 feet SK CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940 349 8350 (F) 940 349 7707 34. COMMENTS Annexation A-102 US 377I-35W Date October 31, 2000 My name is Tommy R Holamon My wife is Sharlet Yount Holamon We reside at 3246 S Bonne Brae St, Denton, Texas 76207 We live in a small, quiet little neighborhood at the Hickory Creek FLOOD PLAIN The neighborhood consists of 7 family homes, all of which were built 20+ years ago We are all RETIREES, living on fixed income The property(s) are located between Roselawn Road and the Flood proned bridges at Hickory Creek and S Bonnie Brae Our property(s) are listed in A-102 of the proposed annexation Most of the property in our neighborhood, including ours, is either in or immediately adjacent to the HickoryCreek FLOOD PLAIN Other than the 7 homes in our FLOOD PLAIN neighborhood, additional development is impossible The City's Mobility Plan DOES call for the closure of Bonnie Brae in our neighborhood When a city annexes property, the citizens should expect to receive city services in return for their annual taxes These services primarily consist of road maintenance, city water, sewer, and utilities In the case of our neighborhood, we definitely WILL NOT receive any road services, since they will close our road Therefore, one of the main elements of City Services will be lost Annexation will basically result in less services for the Bonnie brae residents I believe the City Council should reexamine its thoroughfare plan prior to proceeding with any annexation of property on Bonnie Brae The City Council indicated that tax revenue was not the motivating factor for the Annexation, control of FLOOD PLAIN development was If this is true, the City could and should consider granting special concessions to the longtime residents of the property in return for the burden of annexation Such concessions should include capping taxes for an extended period, granting longtime fartner/ranchers of the FLOOD PLAIN rights to burn downed or damaged trees, brush that might impede flood waters (Remember, we have been managing this FLOOD PLAIN for years and we can manage it faster and better than the City) Since our neighborhood consists exclusively of RETIREES, city taxes will be a burden on our fixed income If the City annexes S Bonnie Brae, it will be reneging or backing out of a 1990 verbal agreement /commitment made to these residents when the City annexed the property now known as the Vintage Development under the 10 year old Annexation # A-59 Almost all residents remember attending the annexation hearing back in 1990 and we all remember the comments by CityOfficials Apparently, this agreement was not discussed in the formal part of the hearings, but these residents still remember the discussions Why else would we remain silent at the meetingsi Tommy R Holamon, 3246 S Bonnie Brae p~@ cadc 0C i 3 1 1000 PLANNING & DEVELOPMENT 35 NOTICE OF PUBLIC HEARING A-102 (US 377/1-35W Annexation) The city Council of the City Denton WIII roximateled of two into u to the corporate city limits aof November 7. 2400, to consider r annexing approximately 1,711 acres the City of Denton, Texas The property is located in southwest Denton, generally between US Highway 377 and Interstate Highway 35 West, and a small area east of US Highway 377 along Brush Creek Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hail located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning chime reausst and Invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person t~i (moo Planning and Development Depart 221 N Elm ST ~~aa Denton, Texas 76201 Attn Marcy Ratcliff, Development Revi anai&T 3 0 2000 Please circle one PLANNIN In favor of request Neutral to request i,0pp0 ENT Comments- 30 fFp2,vtlmrhelw s ,1eKrs ao,-IF-Ml?"arl anna.ann ln% OAS w,-lk'4ry'd 41, Qc i 7u1+ onar +0 `t'kA~% oHr de~klop r rcgw.,kri ~F I, tla . d.,s M~+ k, Prc v, do c,i~ r S .bd ~,scr~ C Wf v ~,~w:s ETS~ A't`~la cl as {axe a] ~2N+o~. i.cad ,nom i~rn6lt,,., S a c r , er. ~e -6/n m T UI S, 6+u( ` t ~.a l `}{~e e~p ue ~o p a~ ~l on,~l 2 aG re S 6. Ay- UWA ~ l-ic."d 40"0 146, WaxL kt• n Y. /tfw.i! VCL~ Signature Z49 Printed Name 51 e, o, k Lus k+' Mailing Address 3'7''1 S. 4gMri i c Brut. City, State Zip &cpg U TEL -7(.22( Telephone Number cq - S 24 3 - S 3yS Physical Address of Property within 200 feet 5a.rne CS rma, rtri add. ¢ dS_ CITY OF DENiTON, TEXAS CITY HALL WEST • DENTON. TEXAS 78201 • 940 349 8350 • (F) 940 349 7707 TO'd OTO£ £t3£ 046 36• MtUS S,U21A3IH0H £T=ZT OO-0£-:to0 rrc~ c L SHE~~.p L_ lxSCbYC,~_ `j Fta crewe l a~ler S~zd ~I~ ~e ~v4s Roo f¢~wrrJl cl-e %.-u p r~/ ~e c2~cat oa 2- C~fal, 3fae aS well aS uI 4r In ~n 11ut1C ~ o ~v(S l~luitrn~ wouQd caS~ ~~n~ +01 MU~~ v1t,h~ acr Qm~aM `y r-Qtu$ecI C~CCe S L'dYv Q ~o rv"SY ~c Q 1' - - " ' 6~ n rc Wao S b~ ~e P Ew.), C J 0cr 3 p ?pp0 i(Ll r l o s ~ C~-~ ~r E ,>q,.✓e tf ~Ng r~`+v. Ou✓ Poi n ~ ~ ~ V ~ e,~,.l ~ l,~t r & DeV ~COpMFNT -moo L 4-e, 0.I QA no`<r^ ny bk`~y SIYtiU. Uet.~u (~c V~riv G u.f W e-toJti V~ ~C [,J t Its no 0. CI u, (0 41Q.4., TG ~ P~ n S I n 4v 1 nw r L-J ate, why. cu.~ t I r I n~-,p ro ua~,a.Y. ~s ~ We~.P~ GoS~- uL' $ a S 9S 'F`1 2ooo - Zoo Y Cry 61 a_S ,~(~oSad ~ r\a•}(~ S ~es-rs o` - C`(G~ ,eloper ter. f~ •J k f _ 37 . r a+" 4- o4f - V,s 6tJ 1,u i0'd Ot0£ £8£ Ot6 na3S S,N3n3IHOW 92=Zi 00-0£-400 NOTICE OF PUBLIC HEARING A-102 (US 377/1-35W Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,711 acres into to the corporate city limits of the City of Denton, Texas The property is located in southwest Denton, generally between US Highway 377 and Interstate Highway 35 West, and a small area east of US Highway 377 along Brush Creek Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning change request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public off hearing ) You may fax it to the number located at the bottom, mad 7K~ in-person Planning and Development Depart 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcliff, Development Revie 7t, Please circle one In favor of request Neutral to request Opposed to request Comments ai/~ 12 DO Signature A • ° `A [AA Printed N n, M /'4 Mailing Address City, State Zip Telephone Number 0 ~f(~_ ~prJ-~~~~ Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940 349 8350 (F) 940 349 7707 38. ~ 11 Agenda No Agenda rtem.~ AGENDA INFORMATION SHEET AGENDA DATE- November 7, 2000 rY DEPARTMENT- Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT-(A-101) (Ryan Road/Country Club Road Annexation) Consider and take action regarding an involuntary annexation and service plan for approximately 1,370 acres of land located in the southwestem section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract #1: approximately 1,365 5 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction east of US Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creek Road Tract #2: approximately 3 6 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction west of Montecito, south of El Paseo and east of Santa Monica a Hold the second of two required public hearings to hear public comments regarding the proposed annexation regarding the above referenced tracts, and b Consider and take action on amendments to the boundaries of the proposed annexation by reducing eliminating certain properties currently included in the above referenced tracts from the annexation proceedings, and c Consider and take action on amendments to the service plan for the proposed annexation regarding the above referenced tracts BACKGROUND An involuntary annexation proceeding is being considered by the City of Denton for approximately 1,370 acres of land located generally south of Ryan Road and east of Country Club Road A map of the area being considered for annexation is provided in Attachment #1 The first of two required public hearings was held during the October 24`h Council meeting Several residents and property owners affected by the proposed annexation spoke in opposition or submitted written protests In response to the comments received, Council instructed staff to schedule a neighborhood meeting The meeting will be held on Thursday, November 9`h, at 6 30 PM, at the McNair Elementary School, to answer questions and listen to comments Public hearings comments and questions received during the October 20 Council meeting are provided in Attachment #4 Responses to the questions are being t dt prepared and will be provided to Council on November 7`h Written comments received since the October 24`h public hearing are provided in Attachment #5 City Council will conduct the second of two required public hearings on November 7`h to hear public comments regarding the proposed annexation and service plan As indicated in Attachment #2, the first reading of the A-101 annexation ordinance is scheduled for November 28, 2000, and the second reading is scheduled to occur on January 9, 2001 Both readings of the ordinance require super- maj onty adoption (either 7-0 or 6-1) by Council as per City Charter requirements In contrast to the first public hearing, the agenda for the second public hearing has been formatted to allow Council action Once the public hearing has been opened and closed, Council may elect to 1 Remove specific properties from the draft annexation ordinance considered on November 28`h (first reading) No properties may be added by Council without requiring a new annexation process, and 2 Amend the service plan as recommended by the Legal Department or in response to boundary changes that may have been made Staff has added several service plan details that were provided as supplemental information in the October 24`h Council report SERVICE PLAN As per state law, a service plan has been prepared and made available for public inspection (Attachment #3) Because the tracts to be annexed are for the most part undeveloped, immediate demand for services is low There are approximately 60 single-family residences, 10 mobile homes, and 6 non-residential uses developed in the area today, with an estimated population of 200 residents Future development of the 1,370-acre annexation area is anticipated to use only 797 acres of buildable land, taking into account 573 acres of Environmentally Sensitive Areas (ESA's) The estimated development capacity of the area is 3,000 dwelling units, with an ultimate population of 8,000 residents All properties within the annexed tracts will be entitled to city police protection, fire protection and prevention, emergency medical service, solid waste collection, maintenance of roads and streets, library services, code enforcement, building inspections and consumer health services, and planning and development services upon the effective date of the annexation OPTIONS The boundaries of the proposed annexation may be reduced, and the service plan may be amended without disruption to the annexation proceedings After Council decides if changes should be made, staff will prepare the draft annexation ordinance for consideration of adoption on first reading at the November 28`h Council meeting RECOMMENDATION Staff recommends that the second public hearing for A-101 be held as scheduled Pending comments received, Council should first determine if any properties are to be withdrawn from the annexation proceeding, accompanied by a determination of the public interest(s) served by such withdrawal Once the annexation boundaries have been confirmed, Council should then determine if service plan amendments are needed Staff recommends approval of the reformatted service plan, which has been revised to add more specific information 2 Staff continues to recommend annexation of the tracts identified in their entirety, an action that is consistent with the Denton Plan Specific reasons for this recommendation include a The annexation tracts are part of a larger area that is experiencing intense development pressure The city's comprehensive plan clearly indicates that urbanizing areas of Denton's ETJ should be annexed to protect both existing and new residents and property owners b The southern border of Denton has been fixed through interlocal agreements, and the annexation of Country Lakes and Robson Ranch Services have been programmed at significant cost to the city, and will be extended even further south than the proposed annexation tracts Improvements such as the US 377 water line, Graveyard Branch wastewater line, Hickory Creek Road expansion, and the US 377 / I-35W connector through the Vintage Planned Development will enhance property values in the proposed annexation areas, and will make these tracts more attractive to developers c The annexation will allow the City of Denton to provide municipal services to the subject tracts that are already in the process of being extended as far south as Country Lakes and Robson Ranch Utilities extensions have been budgeted and are being implemented Phased extensions of police, fire, and emergency medical services to the southern extreme of the city are being planned and programmed, and will occur in proportion to population growth Programmed and funded capital improvements include 1 US 377 Water Line Extension $2 2 million 2 Graveyard Branch Wastewater Line Extension $2 3 million 3 Fire Station #7 $3 3 million 4 US 377 / 1-35W Road Connector $19 million 5 Hickory Creek Road Expansion (2 to 4 lanes) $2 2 million (with County) TOTAL $11.9 MILLION Consolidation of the city's southwest service area during its rural-to-urban transition will enable the programming of capital improvements gradually with lower risk of budgetary stress The City of Denton should act responsibly in protecting public health and safety by annexing growing ETJ areas before urbanization occurs d The need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue Without zoning and other land use regulations, subdivision plats can be filed and approved with no assurance of quality or adequate services While this may seem to affect only those in the new developments, all property owners in the vicinity suffer when road capacities become overwhelmed or other services become stressed e The annexation tracts also contain significant acreage designated as Environmentally Sensitive Areas, which have important water quality and flood control implications The City of Denton intends to preserve these areas to act as natural flood channels, rather than allowing filling of floodplains and paying for expensive concrete-lined channels at a later date f The annexations are not financially motivated Annexation of primarily undeveloped land yields little in the way of revenue when compared to the expansion of the area for which the 3 city must provide services Residential properties typically do not cover the full cost of services without support from the city's nonresidential tax base ESTIMATED SCHEDULE OF PROJECT Council is scheduled to consider adoption of the annexation ordinance on second reading on January 9, 2000 Due to recent amendments to state annexation law, the effective date of the annexation may be set in late January or early February 2001, to allow the U S Department of Justice (DOJ) a 90-day review period to assess compliance with the Voting Rights Act Submittal of proper documentation to the DOJ wilLnot occur until Council decides if boundary changes should be made PRIOR ACTION/REVIEW The issue of annexation of this area was first raised as a result of a voluntary annexation petition filed by the Denton Independent School District (DISD) on July 18, 2000 to request annexation of an 18 1- acre elementary school site City staff presented the information to City Council at the August 8, 2000 work session Council discussed development interest in the general vicinity and instructed staff provide further information regarding a broader annexation action During the August 22, 2000 work session, staff was instructed to institute involuntary annexation proceedings encompassing the area currently under consideration because of infrastructure availability and impending development pressure Council Work Session August 8, 2000 Council Work Session August 22, 2000 DRC Review August 24, 2000, September 7, 14, 21, 28, 2000 and October 6, 2000 Petition Filing Date September 22, 2000 Public Hearing #1 October 24, 2000 ATTACHMENTS 1 Location Map (page 5) 2 Annexation Schedule (page 6) 3 Service Plan (pages 7-21) 4 October 24, 2000 Public Hearing - Comments & Questions (pages 22- 27) 5 Written comments received since October 24, 2000 (28-35) ;;7 y submitted Douglas S Powell AICP Director of Planning and Development Prepared by ' Mar Ratcl ff Developmen Review M ger 4 Attachment 1 NORTH A-101 Ryan Road/Country Club Road Annexation Location Map ❑ ° Scale None 5 Attachment 2 ANNEXATION SCHEDULE OF Ryan Road/Country Club Annexation Area Friday, September 22 Involuntary Annexation Petition filed, Annexation Study & Service Plans Drafted 30 day notice of intent to annex to each property owner, each public entity or private entity that provides services in the area and each railroad company Friday, October 6 Annexation Service Plans Completed Thursday, October 5 Notice sent to be published on Monday. October 9 on City Websrte and in Denton Record-Chronicle for CC's first public hearing (Noon) Friday, October 13 500' Courtesy Notice and Posting of signs Thursday, October 19 Deadline for receipt of petitions for opposition (10 days after notice) Tuesday, October 24 City Council Conducts first public hearing Wednesday, October 25 Notice sent to be published on Saturday, October 28 on City Websrte and in Denton Record-Chronicle for PZ's public hearing on annexation and zoning and CC's second public hearing on annexation and zoning (Noon) Tuesday, November 7 City Council Conducts second public hearing Wednesday, November 8 Planning and Zoning Commission public hearing - make a recommendation to City Council regarding the proposed annexation and the proposed zoning Tuesday, November 28 First reading of annexation ordinance - City Council by a 4/5's vote institutes annexation proceedings Wednesday, November 29 Annexation ordinance to be published on Saturday, December 2 on City Websrte and in Denton Record-Chronicle Tuesday, January 9, 2001 Second reading and adoption of annexation ordinance and zoning ordinance - City Council by a 4/5's vote takes final action 6 Attachment 3 City of Denton Annexation Service Plan for A-101 (Ryan Road/Country Club Road) 1. AREA ANNEXED The annexation area located in the extra-temtonal jurisdiction of southwest Denton contains approximately 1,370 acres The annexation area is located east of U S Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creek Road See the attached location map, Exhibit "A" II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Section 43 021, 43 065 and 43 065(b)-(o)(Vemon Supp 2000) Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city in accordance with the following schedule III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A POLICE. CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES The entire complement of Police, Code Enforcement and Annual Control services will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area The Police Department will be able to provide appropriate service to this area immediately upon annexation The immediate impact of the annexation will be addressed by the police department without additional resources, due to the primarily undeveloped condition of the area The Police Department already provides service to neighborhoods that directly surround the proposed annexation area As the population grows and more land is developed, additional staffing will be deployed to maintain a consistent level of service The Denton Police Department employs a policing philosophy known as Community Oriented Policing Services (C O P S wherein, the mission is to positively impact the quality of life throughout the community To achieve these ends, the department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace and enforcing the law, thereby, providing for a safe environment for all citizens The primary goal is to provide a system of delivering police services to neighborhoods based on three basic elements 7 ➢ Consultation ➢ Adaptation ➢ Mobilization Implementation of these three elements provides for structuring service delivery in a way that reinforces the strengths of neighborhoods, whereby it involves the community in all policing activities that directly impact the quality of community life Neighborhood officers are the link between citizens and the management of the organization and take the initiative to seek and collect information/ideas from average law abiding citizens Through these activities, the officers are better informed about what the citizens want in the way of police service in their respective neighborhood and plans are adopted to implement those services This system of service delivery has been nationally recognized via two National League of Cities awards for "Innovative Police Services Programming" Those awards were received in 1994 and 1997 The Police Department offers a Citizens Police Academy that was launched in the fall of 1992 It is specifically intended to involve residents in policing through a curriculum designed to acquaint participants with the entire police operation, thus providing a clearer understanding of what the police and other associated services in their community can do for them Additionally, the department offers a Citizen Youth Academy with much the same focus, except it is directed toward youth ages 15 to 18 Many other programs are offered, such as, the HE AT (Help End Auto Theft) program, S C A M S (Senior Citizens Against Money Scams) presentations and various Crime Prevention surveys, just to name a few B FIRE AND EMERGENCY MEDICAL SERVICES Fire protection and emergency medical services will be provided on the effective date of the annexation using existing Denton Fire Department personnel and equipment Also, a mutual aid agreement with the Argyle Volunteer Fire Department currently exists The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Denton Fire Department services immediately available include ■ Fire suppression/rescue response = minimum staffing level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations = 4 engine companies, 2 quint engine companies, 1 truck company, 4 medic ambulances and 1 Battalion Chief ■ Emergency medical services at Advance Life Support (ALS) level = all fire engines have a paramedic and paramedic equipment - The City has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company ■ Voluntary home fire prevention inspections ■ Swift water rescue team and equipment ■ Urban search and rescue team and equipment ■ Heavy rescue team and equipment ■ Hazardous material response ■ Fire prevention and education program = clown program and fire safety trailer ■ Victim support program 8 ■ CPR/First aid training for citizens ■ Emergency management program for disaster preparedness Fire Protection and Prevention 1 Initially, fire protection will be provided by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane Depending on the type of emergency, additional equipment will be required For example, a structural fire requires 3 engine companies, 1 truck company, a Battalion Chief, an ambulance, and a Fire Marshal for an initial response 2 The Fire Department's emergency response time to this annexation will exceed the Fire Department's five-year Strategic Plan's goal of a 4-minute response time to City residents 80% of the time However, the Denton Fire Department's response to this annexation area will still substantially improve the current level of fire protection and emergency medical care 3 The Fire Department Strategic Plan recommends two new fire stations in this area in order to maintain the same level of service provided to other areas of the City of Denton The Fire Department Strategic Plan calls for new fire stations located in the vicinity of Brush Creek Road and US 377, and in the FM 2449 /1-35 W area These new fire stations will allow for an acceptable 4-minute response time in 80% of the emergencies The FM 2449 /1-35W station (#8) is being actively pursued at the present time, and will be built by the year 2002 Station #9 will be programmed as conditions warrant, depending on new development and population growth 4 Other areas within existing city boundaries do not meet the 4-minute response time goal and are similar in duration to the expected response times to this annexation Improving future response times to these areas are also addressed by the Fire Department's Strategic Plan 5 The City of Denton is close to signing an automatic aid agreement with the City of Fort Worth Fire Department for brush fire response into this area along with structure firefighting 6 No automatic aid agreements with Argyle Volunteer Fire Department currently exist with the City of Denton Through a mutual aid agreement, fire protection responses are provided on an as-needed basis, and the sharing of manpower and equipment is coordinated by the on-scene commander of the affected jurisdiction Automatic aid with any surrounding volunteer fire department would not achieve the same level of service as the rest of the City of Denton due to the nature of a volunteer fire department Volunteer fire departments are not sufficiently staffed and ready at a moment's notice as compared to a fully paid fire department as exists in the City of Denton Emergency Medical Services Emergency Medical Services will be provided immediately on the effective date of the annexation using existing Denton Fire Department personnel and equipment The annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the existing population 9 C. ROADS AND STREETS Maintenance of roads and streets in the area to be annexed will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Roads and Streets I An inventory of existing roads within in the subject area, including immediate and long-term maintenance and construction needs, is attached as Exhibit "B" 2 The City of Denton currently maintains 335 miles of road The subject area currently contains 2 7 miles of public roads that are maintained by the County These roadways would become the City of Denton's responsibility immediately upon annexation No new equipment or facilities would be required to serve the area 3 Based on a projected population of 8,000 residents, and assuming there will be additional roads constructed as property develops, it is anticipated that an additional three person street crew and two office personnel will be required in order to maintain current levels of service at full development Additional equipment for the street crew would include a dump truck, backhoe and miscellaneous field supplies totaling $300,000 00 These resources would not be needed until the area becomes more fully developed D. STREET LIGHTING Street lighting will be available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area E. PARKS AND RECREATION SERVICES If any city park and recreation facilities are located within the annexed area, the maintenance will begin on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area No parks are currently located within the proposed annexation area The closest Denton neighborhood park properties are the undeveloped Cross Timbers Park and Bent Creek Park, which are adjacent to the annexation area Southlakes Park, located at Hobson at Santa Monica (approximately 12 miles away) and Dema Park, located at 1001 Parvin (approximately 1 mile 10 away) are community parks located within reasonably close distance of the annexation tracts Current residents will be able to use existing City of Denton parks, facilities and programs Parks and Recreation Facilities The current 2000 Parks and Recreation Master Plan indicates a need for a community park in this general area Population projections indicate a build-out population of 8,000 people living in 3,000 housing units Based on service standards set in the Park and Recreation Master Plan, an estimated 20 acres of new parkland will be needed for neighborhood parks Since the Parks and Recreation Master Plan indicates a need for a Community Park, a minimum of 30 acres will be necessary for such a facility Neighborhood parks are currently supported by the Park Dedication Ordinance, which requires development exactions for land and improvements Taxpayers share the costs of community parks on a citywide basis, typically through capital improvements programming F. LIBRARY SERVICES Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The closest library facility to the annexation tracts is the South Branch Library, located on FM 2181, near the intersection of FM 2181 and Wind River Drive G. BUILDING INSPECTIONS AND CONSUMER HEALTH SERVICES Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Both services are provided on a "cost recovery" basis, and permit fees are used to offset the costs of services delivered H PLANNING AND DEVELOPMENT SERVICES Planting and Development Department services will be provided will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The Planning and Development Department currently provides services to the annexation tracts by way of administration of Chapter 34 of the Code of Ordinances, Subdivision and Land Development Regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain a Community Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatibility Areas, and 100 Year Floodplam / Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplams as environmental and open space corridors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed 11 IV. UTILITY (RATEPAYER) SERVICES A. SOLID WASTE SERVICES The City of Denton Solid Waste Department is the exclusive residential and commercial solid waste service provider in the City The Department is an entirely fee based operation and receives no resources from taxes The current residential solid waste rate is $16 per month for twice per week pick-up Commercial rates vary depending upon the scope of service provided Solid waste collection service will be provided to the property on the effective date of the annexation The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers for two years after the effective date of this annexation in accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection service the customer must contact a City of Denton Customer Service Office and submit a request / application for service Solid Waste Collection Existing development in the area can be adequately served with resources provided in the fiscal year 2001 budget with no appreciable impact upon those resources Future impact will be determined by the rate of growth For automated residential systems an additional residential route is needed for every 800-1000 dwellings The city proposes to serve this area with automated residential collection using roll-out carts when such a route is extended into the annexation area B WATER AND WASTEWATER SERVICES Maintenance of existing City of Denton water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be continued to be maintained immediately on the effective date of the annexation The majority of the area to be annexed is provided water by either a private water well or the Argyle Water Supply Corporation, and a private wastewater system The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Water and Wastewater Facilities The city's Water Master Plan includes a 20-inch water main along US Highway 377 The proposed annexation areas can and most likely will be served by tapping into this 20-inch line The Master Plan also includes a 12-inch water line along Country Club Road and Hickory Creek Road The impact of annexation and development of the subject tract can be accommodated by the US Highway 377 Water Line The City of Denton will be the retail provider of water utility service for all future developments in the area since they will be annexed into the City limits and lie within Denton's CCN for water utility service No additional equipment will be needed for water to serve the annexation area 12 The Wastewater Distribution System Master Plan shows the Roark Branch Sewer Line that will tie into the existing Hickory Creek Interceptor (See Exhibit "C") The only existing City of Denton utility line that lies within the proposed annexation area is the Hickory Creek Interceptor sewer line The impact of annexation and development of the subject tract can be accommodated by the programmed Graveyard Branch Interceptor that will be installed in the southern portion of the annexation tract, and the Hickory Creek Interceptor The City of Denton will be the retail provider of wastewater utility service for all future developments in the area since they will be annexed into the City limits and he within Denton's CCN for wastewater utility service No additional equipment will be needed for wastewater to serve the annexation area C DRAINAGE SERVICES Drainage maintenance will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Drainage Services 1 Annexation of this area includes subdivisions that maybe poorly drained Some areas could be substandard and susceptible to flooding Major channel or storm drain systems may be required Correction of these problems will require expenditure of City funds In addition, easements may not exist to perform maintenance of existing channels or storm drams 2 Provision of drainage services is currently funded by water and wastewater ratepayers As development occurs, and sewer or water service is extended to these areas, funding will become available to provide drainage maintenance 3 Easements may not exist to perform maintenance of channels or storm drains in existing developments, and will have to be secured before the city will consider providing services in these areas 4 This area contains creeks that do not have a detailed flood study The Master Drainage Plan Update will include these properties, if annexed, as part of a detailed flood study 5 Areas currently experiencing moderate to severe erosion may require eventual repair 6 New subdivisions would be subject to the City's Drainage Criteria, subdivision regulations, and interim regulations Areas along Ryan Road and Country Club Road contain properties in the 100-year floodplam Approximately 475 acres lie within the 100-year floodplam In addition, this area contains designated Environmentally Sensitive Areas The majority of the floodplam has a contributing drainage area of greater that one square mile The proposed development code will essentially prohibit any disturbance of the floodplam and environmentally sensitive areas in these areas, allowing limited density transfers Structures, parking lots, fill, excavation, land 13 disturbance, fences, decks, pools, and other aboveground manmade structures will be prohibited in the floodplain D ELECTRIC SERVICES Denton Municipal Electric is certified by the state and is obligated to provide electric utility service to the entire annexation area should a request be made by a property owner Other electric service providers are also certified to provide electric utility service within the annexation tracts, and customers may elect to choose the electric company they prefer Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Electric service to properties within the annexation tracts will be able to continue without disruption for any customer currently receiving such service Denton Municipal Electric has existing facilities in the Ryan / Country Club Annexation Area The 138 kV transmission line crosses the annexation area Distribution facilities are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road Denton Municipal Electric plans to build two substations one on US 377 and the other at Teasley Lane and Hickory Creek Road V. OTHER SERVICES Other services that may be provided by the city such as animal control, municipal and general administration will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street and drainage facilities will begin within two and a half (2 Y2) years unless certain services can not be reasonably provided within that period If certain services cannot be reasonably provided, the city will provide those services within 4 and a half (4 '/2) years after the effective date of the annexation Construction will be completed within four and one- half (4 '/2) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the city Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service 14 VIII. TERM This service plan shall be valid for a term of ten (10) years Renewal of the service plan shall be at the discretion of City Council IN. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) X. EXHIBITS Exhibit A Annexation Tracts Location Map Exhibit B Roadway Inventory Exhibit C Water & Wastewater Facilities 15 EXHIBIT A LOCATION MAP Ryan Area Tract 1 ® r r r rr w . ~x 5 d d xe4c ) Y r; ~ • pp r Y• ~ rr r ~~t~ r A y t ~ *k'~.~~ I ~ ' ~ ~ , fN 8 ' f 1ti ~ ) 1 / • r k • • is ~ ~ •T ~j j• ~ w ~ Y r 14P 0 r x 9/M0 pr Y 16. LOCATION MAP l Ryan Area Tract 2 r M Y , ~jp , r o 1 o 0 H ~ ~ ~ y M1 • A N S A I o Isom ;,r} « N `100"10 ' 1,00 200 FOet , "FV ) F F 9/G VV HrF Yv lx Ik, r I{ 6t Y 17 EXHIBIT B Ryan Road / Country Gub Road Annexation Area Affected Streets a . affected Streets E)Q Streets Planned TtrorZghfares Planned Collectors qty Limits Annexation Area lot To Scale 18 [gill tea al R1 mill a a~ mN s 1 11l r 11 all e~9 f 9 $gy. Sp' I H y 19. EXHIBIT C Legend Developments ® Burch Tract rnerm nwR PRaECr ~xwvra~en. i ® Ryan Tract ® The Hills of Argyle ® The Vintage t evP,w cIP PRaECT ~0^^•B "Yep""• ® Weatherford Tract Annexation Areas 377 & 35 Ryan & 1830 BYEM CIPPROJ~T:` ' Priority C wyClub RweN ffln. BYEMCPPRWMT Proposed Line Nnbip. W.ts81m 8y 4y' a ~ I it [ i ~ d x ~A~.o1~ t R6VPNUEPROJECT BYEM CIP PROJECT Ry.n ENm.nbry HWI~*Y 877 Wtlarlln.l VAeMin. Ed.mbn N I era I i I 0 05 1 Mlles I WATER ANNEXATION AREAS - SER 20. Legend Developments ® Burch Tract I Yin ® Ryan Tract The Hills of Argyle ® The Vintage ® Weatherford Tract Annexation Areas , 377 & 35 Ryan & 1830 Priority "Tr Proposed Line REVENUE PROJECT T EW nrybn 4 9pitr~~ 3~ fMBT RwkU RQIEQT ~C S fll noN N ~ k 5YEMCPPRO OmyW BniwA Eex~rln 0 05 1 Miles DN AREAS - SERVICE PLAN SEWER 21. Attachment 4 COMMENTS AND QUESTIONS From the OCTOBER 24, 2000 A-101 & A-102 PUBLIC HEARING [Note City Planning staff has prepared the following comments and questions using meeting notes and videotape review If the comments, questions, or speakers' names have been represented incorrectly, or if omissions have occurred, we apologize and ask that we be informed of the oversight so that corrections can be made] COMMENTS QUESTIONS FROM A-101. RYAN / COUNTRY CLUB AREA 1 Are the assessed amounts the market value or the assessed value9 Shown on page 39 2 In the recent past, Robson and Huffines agreements were made to pay for oversizing of the US 377 line extension, and was a capital project funded through the Utility Department as part of a negotiated settlement What other projects are expected to take place in the next 5 years in which there is oversizing money for the extensions9 3 Distribution lines should come off the major transmission lines, and the city should pay for the oversizing 4 For ESA's, what are the restrictions and who has oversight responsibilities? Within the ETJ, Division 1, does development have to meet minimum requirements of FEMA, such as stay out of floodway, or fill 1 foot above flood levels? 5 A Sanders Road neighborhood written protest was submitted in opposition to the annexation 6 Services typically expected with annexation include water, sewer, and garbage service Currently, most residents in the area have water and great septic systems, they do not want to pay taxes for no additional services 7 Mr Burch has a lot of property in the flood plain, very little in the way of services provided, and it's not worth the city's effort to tax the property He is still actively farming the property The city has refused to extend water to his property 8 Mr Tommy Calvert, 5299 Settlers Creek Road, owns 140 acres that have been used by 4 generations for agriculture production A portion is in the flood plain that is undevelopable, and is only good for farming 9 With the depressed agricultural prices today it is impossible to pay the county taxes If annexed into the city it would be near impossible to pay for city and county taxes by way of crops, hay or livestock 22 10 Developments on the north (Thistle Hill) and east (Ryan Ranch) have created problems of flooding, trash, development workers trespassing on private property, and the city not being able to keep up with the development 11 The environmental impact of the development has created standing water on some properties, and erosion control is not working on bridges and roadways Trees are being removed from property being developed, which will impact the environment and the watershed 12 City taxes will create a burden on some families because they are on a fixed income Crops raised are used to feed the livestock The annexation will force them to sell the property instead of passing it on to heirs The city should encourage annexations to occur voluntarily rather than involuntarily 13 Dot Thompson, 175 Ryan Road, was concerned with traffic in the Ryan Road area The city needs to take care of the traffic that is already in the city limits Is City Council was aware of traffic problems at Country Club Road and US 3779 A tax bill is all the property owners will receive No existing water or sewer service lines are located along Ryan Road The annexation will amount to discrimination if you are not treating the property owners in the annexation area like other residents of Denton What you are offering the citizens of the area9 The city is prejudiced because it wants to annex the property without providing any services The city is not offering her anything she does not already have What is the city offering in exchange for taxes9 14 What is the time element for providing services9 What is meant by difficulties in providing services9 The Mayor elaborated on what city taxes pay for Water and sewer service are not provided by taxes 15 Is there a mechanism for paying taxes later9 16 Fred Smith, owner of the Denton Roundup Club on Ryan Road, indicated that taxes would take money away from the kids 17 David Witherspoon, 410 Hamilton Road, said that annexation will just raise the taxes with no services Ryan Road is dangerous because of the hills The city needs to fix its own streets before taking on any other streets COMMENTS / QUESTIONS FROM A-102. US 377 /1-35W AREA 1 If the City Council accepts the protest petitions, what does it mean9 Staff indicated that the petition was accepted to hear citizen input The petition as submitted was not legally sufficient to require a public hearing in the annexed area as per state law 2 Legal Staff recommended changes to the service plan Recommended revisions included, "Renewal of the service plan shall be at the discretion of City Council If the City Council determines the service plan needs to be amended, it may be changed through the public hearing process If it is determined at a public hearing that conditions have changed or subsequent occurs make the service plan unworkable or obsolete to may amend the service plan to conform to the changed conditions " 23 3 Council asked if it was appropriate at the current time to amend the service plan? The service plan was amended as per Legal Department recommendation, approved, 7-0 4 City Attorney Herb Prouty noted that the amendments to the service plan could not be made, because there was not proper notification The vote taken was considered ineffective Staff was directed to place proper language on the November 7th agenda to allow the amendments 5 Staff thought that the protesters wanted the merits of the petitions to communicate their desire not to be annexed They did not seem to be strongly interested in the location of the next public hearing 6 Staff indicated that the separation of the annexation areas was due to differing growth pressures A-101 growth pressure is from Teasley Road and Ryan Elementary School The A- 102 area growth pressure stems from the major roadway connector from I-35W to US 377, new water and sewer line extensions, and the potential for plat submittal for residential development Staff indicated that property owners are weighing their options given the availability of services and are also aware of vested rights issues 7 When is the US 377 /1-35W roadway connector planned9 There is currently $19 million in the current CIP Staff replied that it was understood that is Mr Jewell is negotiating with the Burch Family to buy property to complete the connection 8 Phillip Henderson, at Bonnie Brae and Hickory Creek, asked several questions Council asked him to give his phone number to staff so they could contact him to answer his questions He had questions about the effect zoning will have on existing sales of sand and gravel, and the potential for future oil and gas exploration and wells 9 The status of the closing of Bonnie Brae was questioned 10 Are uses established prior to annexation grandfathered9 11 Whatldoes the new code provide for oil and gas wells9 12 Becky Koonce, 4365 Bonnie Brae, is served by water, and has a septic system The county does not maintain Bonnie Brae very well, and the small section maintained by the city has not been maintained all year long She sees no benefits from the annexation Are fire hydrants installed? 13 Mary 'McWhorter said that the residents of Happy Acres are 100% against the annexation Is the city going to request some kind of agreement with the Argyle Fire Department9 They are voting members of the Argyle Water Supply Corporation Is the Denton Country Club in the city limits? How much of the property in Happy Acres is undeveloped? Will the Argyle Fire Department still service the area? Will the addresses change? 14 Vicky Watson, 2452 Hamilton Road, asked What are the CIP projects related with this annexation? Will the lines be extended to them? Is involuntary annexation the only option9 Explain the differences between voluntary and involuntary annexation Is there a remedy for Happy Acres area? Will Bonnie Brae be closed? Will Bonnie Brae be repaved? When will 24 US 377 be widened? Liberty Christian School did not get the proper zoning and the traffic and access were not taken into account when it was developed Council explained the circumstances of the project, including the opening of the school without the city's knowledge 15 BFI solid waste collection is provided to current residents How is this affected9 Staff indicated that private service may continue for 2 years Denton Municipal Solid Waste will then provide services Such services may be provided sooner if desired by the property owner 16 David Saxe, 8023 South Bonnie Brae, was present last year at the city-initiated annexation Tract 1 is purely agricultural The City will provide a tax bill with no services The fire protection proposed to be provided will be inadequate, because of the distance Bonnie Brae will be closed He spoke about the major connector between I-35W and US 377 -if it were to cross the railroad tracks, two other crossings would be required to close Which crossings are proposed to be closed? He suggested that voluntary annexation be the way to go 17 Patricia Brown, 4300 Johnson Lane, felt that closing Bonnie Brae, a major north-south thoroughfare, should not occur She felt that she should not have to be back before City Council again within one year after talking about the annexation so recently 18 Betty Farmer, 9475 Hilltop Road, indicated that traffic on US 377 is bad Access to Denton is through US 377 and Teasley Widening will not be effective due to new subdivisions construction Majority of the area is in the flood plain, why is the city considering annexation when there is such a large area of flooding? Council members responded that the city is interested in watershed management, storm drainage, and water quality for protection of the entire city, and that development is creating the environmental problems 19 Lonny McGee, 1200 Brush Creek Road, asked if there are there other areas proposed for annexation this year, and inquired if the maximum annexation area allowed in one year would be exceeded She also felt that Denton cannot provide satisfactory police and fire service Privileges they have now include open fires, discharge of firearms, fireworks, and they can build any kind of building without any permits or inspections that cause delays and disruptions How much money is the city getting out of this annexation He wanted acknowledgement of receipt when he sends e-mail to City Council He felt that road improvements for curb and gutter will be assessed and each adjacent property owner will receive a bill for the improvements 20 Richard Smutzer, 7053 South Bonnie Brae, said the annexation is taxation without representation No services will be gained with this annexation No one on City Council represents him now The service plan can be speeded up or slowed down When would services be provided, and are any guarantees that services will be provided? What happens if the service plan conditions are not met? Legal staff indicated the state law allows property owners to challenge the lack of services with in the first two years using a writ of mandamus The City could agree to disannex or agree to a revised schedule for provision of services Who pays for the attorney fees? Staff indicated that if they are disannexed then there is a procedure refund taxes paid, it is incumbent upon the property owners to come in within 2 years with a writ of mandamus There is a provision that provides that attorneys' fees be paid The court can require the city to provide reasonable services within a certain timeframe or be assessed civil fines 25 21 Mont Wilkes, 141 Springfield Lane, said that the service plan has no specific details, just ambiguous statements What is the time frame9 Are the services available in 2'/z years, or does construction have to start for the services in 2% years Why does the city not have an annexation plan? Should there be some negotiation with the land owners? What are the exceptions? When does it apply or not apply? He cannot wait 4%: years to get water service on Bonnie Brae Denton does not have the best representation Bonnie Brae will be closed It should not be closed The city's Subdivision Ordinance controls ETJ development, so why is annexation necessary? Restrict the area somewhat Services should be provided before it is annexed Legal staff responded that annexation plans were required to be filed by December 31, 1999 There is a grace period for such annexation plans The exception states areas with fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract are the type of actions that require an annexation plan once the grace periods ends However, the cities have until December 31, 2003 for that provision to kick in This particular type of annexation is exempt from the annexation plan requirements because the number of residences is less than 100 even though there are over 100 tracts 22 Kevin Wade, 6979 South Bonnie Brae, was concerned about fire protection and prevention A mutual aid agreement is proposed with the Argyle Fire Department He believes the fire department cannot provide services to him as well as his current service from the Argyle Volunteer Fire Department Bonnie Brae will definitely be closed at US 377 Closing of the northern section of Bonnie Brae is proposed If closed prior to completion of other thoroughfares, a safety hazard will be created because of the traffic problems on US 377 He requested that Bonnie Brae not be closed until other access if fully provided Five years ago, at a City Council meeting regarding development of his property, with developer Everett Frasier, City Planner Owen Yost led City Council to block the provision of water 23 Sheila Luster, 4377 South Bonnie Brae, said that annexation should be for the mutual benefit for both parties Will agricultural exemptions stay in effect9 Evaluate the pros and cons Why pay taxes with no additional services? Water tap fees and pavement of Bonnie Brae was not accomplished because the developer and city planner could not get along and the improvements were not made There is no intention of putting in fire hydrants before 2004 24 David Yoder, 940 Brush Creek Road, asked what is the tax rate? The response was 52~ per $100 valuation What is tax money going to be used for? How is annexation going to improve my quality of life? Is the road going to get better? Am I going to get sewer? What will I get from paying city taxes? What will the posted speed limit on Brush Creek beg When will Brush Creek Road and its bridge be improved? Will the police give speeding tickets to speeders? 25 Bill Lewis, 900 Brush Creek Road, was unconvinced that annexation will provide any benefits The city does not need the money from small residential areas 26 Mike Barber, 313 Allred Road, was present last year at the proposed annexation and is still opposed What is the density of Country Lakes North? There is no plan on how the services will really be provided in the area 27 M C Burch, 7034 Country Club Road, said the proposed water line is 4200 feet long What is the distance required between fire hydrants9 He feels he is a victim of progress, not a winner 26 28 Charles Hackett, Country Club Road, observed that a common thread is that no property owner is in favor of annexation One of the reasons for annexation is for control of the land during development Bent Creek Estates was not built to the desired standards of City Council Bent Creek was in the city limits under City Council control The control was not taken by City Council, and its authority was not used to control the development 29 Gene Price, as a citizen of Denton, requested City Council to not annex these properties 30 Gary Davis, 970 Brush Creek, felt that City Council is asking for money for things he already has How will it affect his utility bilk Will the annexation affect the water rates9 31 Tom Holamon, 3246 South Bonnie Brae, asked how can the city of Denton control the floodolam that he already controls? What can the city do with the tax money to protect the floodplam? It can't be developed City Council assured the property owners 10 years ago and the Vintage development that there was no intent to annex his area to serve other developments You are doing what you said you were not going to do 32 Terry Houston, 4524 South Bonnie Brae, asked if there is any possibility to sway City Council to vote no? What are the conditions to voting no to all the properties? What is needed for a no vote? You should receive something for what you get Staff responded that a super majority is needed to approve an annexation Two votes against the annexation would deny the annexation 27 Attachment 5 Written Comments received since October 24, 2000 28 11/01/2000 10 22 972-J90-2660 JOHN BOND DDS PAGE 01 NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate city limits of the City of Denton, Texas The property is located in southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to city Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this ennexatioino chana~ request and invites you to attend the pubbc hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating In the public hearing) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person Planning and Development Departm " L o I 221 N Elm ST Denton, Texas 76201 NO v • 1 Attn Marcy Ratcliff, Development Review agar Please circle one, PLANNING 6 DEVELOPMENT In favor of request Neutral to request Opposed to request Comments Signature, Printed Name Mailing Address iaaL SPi¢/~/l C P~F✓ ,tom Co. State ZIP ~Eoj2n tii 'TxAc• 76,110 Telephone Number _ 94 - 3 p -&427 Physical Address of Property within 200 feet "M A Aoy CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 79201 • 940 349 8350 • (F) 940 349 7707 29. NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexcitiuri, ne City Council of the City of Denton will hold the second of two puuliL it ,b on ruesday, November 7, 2000, to consider annexing approximately 1,370 acres Into o tip c are city limits of the City of Denton, Texas The property is located In southwest Denton -4 -iiof US Highway 377, along Ryan Road and Country Club Road as shown shaded in the I 'Kit. Enclosed for your information is the annexation and zone change request schedule •.hm all the required i,eebngs The Planning and Zoning Commission will hold separate' , , on the same ..ioperties, on Wednesday, November 8, 2000 to consider making ~ re«, 1 ne dation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district I he public hearings will start at 6 p m in the City Council Chambers _ died at 215 E McKinney Street Denton Texas Because you own property within thi: , ,odi 4 axauon area or tithin two hundred (200) feet of the subject property. the City Council v i ir h04 you feel ,pout this ann~xatron and zoning change request and invites you to attd ann l5 Public hearings are designed to provide opportunities for citizen involvement ano of i order for your opinion to be taken into account, please return the enclosed form with you con . mior to the date it the public hearing (This in no way prohibits you from attending o o,v ,it y in the public '-searing ) You may fax it to the number located at the bottom, mail It to lie <iua,, w or drop it off n-person Planning and Development Depa 221 N Elm ST i V Denton, Texas 76201 Attn Marcy Ratcliff, Development Revi anp'*i) - j 7000 Please circle one PLANNING & DEVELOPMENT In favor of request Neutral to request p Comments. Signature Printed Name Mailing Address 3t/ ;e0V& 0#C5 ''/A City State Zip Dew= 7?( 7G-'?ly Telephone Number 38~ -L., 7,T.X Physical Address of Property within 200 test 3</ 1COYA{.. 04g.5 CITY OF DENTON, TEXAS CITY HAI I W FST • DENTON TEXAS 76)01 _ ,r) "D 349 7707 TO 3911d 1131,18M 3iltiiI 30 C099LOCOVA Ob 80 OOOZ/TO/TT NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate city limits of the City of Denton, Texas The property is located in southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning change request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from attending an articipatmg in the public hearing ) You may fax it to the number located at the bottom, mail it to the ro it off in-person Planning and Development Department "'•V t= 221 N Elm ST OCT 3 1 2000 Denton, Texas 76201 Attn Marcy Ratcliff, Development Review M~N1NG & DEVELOPMENT Please circle one In favor of request Neutral to request Opposed to request Comment i ~U Pti J Signature Printed Name Mailing Address City, State Zip 7 / Telephone Number Physical Address of Property within 200 00 ~feet ~lA% C o-r CITY OF DENTON, TEXAS CITY HALL % _NTON, TEXAS 76201 • 940 349 8350 (F) 940 349 7707 -y~~ 31. NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate city limits of the City of Denton, Texas The property is located in southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning chance request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mail it to th below, or drop it off in-person p 0 Planning and Development Department 221 N Elm ST Denton, Texas 76201 OCT 3 1 1000 Attn Marcy Ratcllff, Development Review M CANNING & DEVELOP Please circle one MENT In favor of request Neutral to request Opposed to request Comments - old , 'uJafi(~ a h klo In ~e ashb- k W GUAVA- - 0 t1 4 wcss h i~S L~ e~ ~!o - Ae Pis Signature Printed Name / S Mailing Address 6) ld City, State Zip t _4 , 6-;Z10 Telephone Number Cl' G~ _/~L 27 Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 78201 • 940 349 8350 • (F) 940 349 7707 32. NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate city limits of the City of Denton, Texas The property is located in southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning change request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for yow opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mad it to the address below, or drop it off in-person D 0 Planning and Development Departure 221 N Elm ST NOU - 1 2000 Denton, Texas 76201 Attn. Marcy Ratcliff, Development Review er PLANNING & DEVELOPMENT Please circle one In favor of request Neutral to reques Opposed to request Comments Signature ,~r l) Printed Name b ),..e ,ems : K n Mailing Address S3 SS ef"_' ' e& e- P~ City, State Zip .9~ 7~ 7 6, 1G Telephone Number 1"/0 At// ; P.7 Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940 349 8350 • (F) 940 349 7707 33. TO Mayor and City Council At least three outstanding elements made themselves clear in the Council meeting of Tuesday, October 24, 2000 They were glaringly clear to me and I am u were aware of them, also D OCT 3 1 2000 1 The people in the affected area are fiercely united in their w~ alone (Of course, such united neighborhood actions in the ~Aflkl~g DEVELOP met with city management and council counteractions so your reply wi DEVELOPMENT be a surprise ) 2 It should have been very clear to you that appointed or hired city personnel were very poorly prepared for the evening This poor preparation extended to the City Attorney and only the city manager and one woman attorney seemed at all prepared for the situation 3 The newly appointed Assistant City Manager must go He intends to ride roughshod over this city and insists on getting his way His bombastic comment about how he (they) had urged, cajoled and pressed the citizenry to talk about the "Plan" in various meetings was absolutely uncalled for If he had better prepared the meetings and if he listened with even half an ear to what was suggested we would have a better-supported "Plan " I attended or attempted to attend many meetings In meeting Number 1 w e were furnished beforehand with about eighteen pages of items that I faithfully reviewed and annotated I was assaulted at the door with the assertion that we weren't going to discuss that I suspect that he realized that we weren't nearly ready to discuss items but it would have been nice if he realized that days ahead of time I walked out At another meeting in the same high school, in the dead heat of summer there was no front door open I and dozens of others walked around the building trying to find an open door I, together with many, many others, gave up At the last, or one of the last meetings in the Visual Arts building, the Asst City Manager decided to postpone the meeting until later I crossed out my name (third on the list) and went home Meetings should begin on time At the only meeting of substance I knew of in a grammar school east of #288 there was substantial citizen input by a substantial number of citizens I suspect that city management got too much input for their liking at that meeting As a result of his management the "Plan" is his and not the citizens' plan His actions assure the citizens that this city is run by city hall (with the able assistance of the Chamber) and nothing we believe or say will make the slightest difference 34 NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate city limits of the City of Denton, Texas The property is located in southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning change request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This In no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person Planning and Development Departme 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcliff, Development Review age6C T 3 0 '2ooo Please circle one p~ gNNiN CIn favor of requ Neutral to request Comments MINT Signature Printed Name 1A)kL,`4C~fz. t4-, 'p 9 Mailing Address '4-10 kt"y _ -OWAC 0-T. City, State Zip '0 ` X1(01_ 0 Telephone Number _eyo~ ';ey,& 4d' Physical Address of Property within 200 feet 740 011 k C CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 76201 - 940 349 8350 • (F) 940 349 7707 35 Agenda No DD 0~ 8 Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: November 7, 2000 DEPARTMENT: Parks and Recre lion Department ACM- Dave Hill SUBJECT: Hold a public hearing and consider the adoption of an ordinance granting approval of a surface use of a portion of the Denton Branch Rad/Trad approxunately 500 feet north of Maylull Road for the installation of a public street in accordance with Chapter 26 of the Texas Parks and Wildlife Code, providing for the issuance of an easement and providing an effective date BACKGROUND: The City of Denton, Engineering and Transportation Department has requested the use of park land for the purpose stated, in order to provide a new Collector thoroughfare, Maylull Road (Loop 288 by-pass) (see exhibits A-B), which is part of the city's Mobility Plan This four lane, divided roadway will re-locate the existing Maylull Rd at Colorado Boulevard to a new intersection with a re-aligned Edwards Road at the entrance to the Andrews Corporation plant The existing section of Mayhill between the noted points will be abandoned The unproved road will connect on the north to Loop 288 near Spencer Road and serve as a Loop 288 by-pass around the Golden Triangle Mall area State law as defined in Chapter 26 Protection of Public Parks and Recreational Lands of the Texas Parks and Wildlife Code requires that a "(a) municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determmes that (1) there is no feasible and prudent alternative to the use or taking of such land, and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking (b) A finding may be made only after notice and a hearing as required by this chapter " If the proposed public street easement is allowed, a value must be placed on the 100 linear foot section and charged to the City of Denton In addition, land disturbed in the park will be returned to its original condition Parks and Recreation Department and the City of Denton Engineering staff have reviewed all other possible alternatives These alternatives included • Continue to use the Maylull Road crossing as it exists This would not facilitate the Mobility Master Plan to create a more direct by-pass for Loop 288 and elimmate intersections • Select another route through the city that would pass across the trail at the Brinker Road crossing This will require obtaining many easements from adjacent property owners, and not direct traffic in the most direct alignment to I-35E at Mayhdl Road • Construct a pedestrian bridge for the trail up and over the proposed new roadway Estimates for a pedestrian bridge will be in the $350,000 range Provide a signalized crosswalk for trail users appears to be a more cost-effective alternative • Construct a highway bridge over the rail trail at this location. Estimates for a highway bridge are 16 million at this location Also the elevation for a bridge would not easily pernut the connection of the new Edwards Road • Re-ahgn the trail to the eastern edge of the right of way, crossing the proposed Mayhill Road at the proposed Edwards Road intersection adjacent to the trail, and install Pedestrian Traffic signals or include with traffic signals at the roadway intersection This appears to be the most prudent and cost effective alternative OPTIONS: Because other solutions to this issue have proven to be infeasible, the option remains to approve the use as presented or require the City of Denton to begin obtaining easements through and to other city streets and adjacent property owners RECOMMENDATION: After reviewing all other alternatives, staffs recommends approval of this use of the Denton Branch Rail/Trail by re-aligning the trail to the eastern edge of the right of way and construct a signalized pedestrian crossing at the new Edwards Road/Mayhill Road intersection. There would be no major impact on current park operations or programs The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land The City of Denton is fully aware of the Federal radbankmg law that in the event a railroad or rail transit agency wishes to reclaim the right of way for rail service, the City of Denton may be responsible for removing crosswalk signals and converting to railroad crossing signals and restoring the right of way to its original condition EST$MATED SCHEDULE OF PROJECT: Construction on this development is projected to begin in early 2001 PRIOR ACTION/REVIEW: The Parks and Recreation Board on September 25, 2000 considered and approved the new trail crossing request as an exchange of Mayhill road crossings provided that the trail be crossed at the new intersection of Mayhill and Edwards roads and a signalized crosswalk be installed for the trail crossing (see exhibit C) FISCAL INFORMATION: Compensation related to this use is still under discussion with the City of Denton. It is reasonable to expect that unprovements directly related to programs and/or facilities on the Denton Branch Rad/Trail will be provided BID INFORMATION: Not applicable 2 EXH{BITS- Ordmance Exhibits A-B(Maps) Exhibit C Minutes of the Park Board September 25, 2000 Respectfiilly submitted Ed Hodney, Diryorn Parks and Recrpartmen t Prepared by Robert K Ttckner, Superintendent Parks and Recreation Department WKWM1a 6npend ChapterMmvmw yhdl Road Reditaaroaainglpn&tn ll 7- d 3 N N t J Exhibit A F O WILSOCZ~~F Std reek ~'9~8 MORSE , ~ P \ - RSE MCDONM,D - , I S", do 45 1 D ER I OAYLA N I o t, FO_STER Denton Branch Rail Tratl New proposed Ma hill Crossm ; New proposed Edwards Road SAN C PEEN Denton Regional Medical Center Plac EDW Ds ur S Existing Mayhdl Road, to be ABBOTS LN yxy' Abandoned Ca'Per CN ` ~ fV r TOAI(UR37 BRIER IF RU ' MEADO'N `'R ?DN Denton Branch Rail Trail q Unkem L* C pe eT CT CHAPAN-T--- C HUNTERSCR D hqy _ SHADY SHOR E Foby°'~y \ ^x RYAN RD EN CHI ROBI N i~q@ER ASPEN ~i CREEKWOOD RRV LN ` ROBINS 0 URCH . \ \ ALTON_ _ CH IC P HILLSIDE ' ~I \ IN RD MLOW 'f HAVEN ) y BOULDE E Qgggg HK:KORV CR KRD SSS MEADOW OAKS ®1997 DeLo'me street Atlas SA S 4 D 3~ d q w Exbibit B ' z~ 52 Z Z 4 ~l ~pR,J,eN Of D~OI[A9ED D /ROADWAY TD BF RfLtA56 _ .1 >o PRootl+t~ OwNBR O s / o ~ 3 1 Z~- (D g - } o I N I I I I fl I b Z e N f f~ N y T A t C N ~a ~ S oL n av t I t 9 5 Exhibit C Parks and Recreation Advisory Board September 25, 2000 North Lakes Recreation Center Members present Don Edwards, Brenda Phillips, Brandon Barnes, Dales Yeatts, Gwendolyn Carter, and Teresa Andress Members absent Dalton Gregory, excused Staff present Ed Hodney, Janet Simpson, Janie McLeod, Bob Tickner, Kathy Mosby, Cathy Avery and Knstie Weaver Awards and Recognition Janet Simpson discussed the $104,000 Environmental Crimes grant that Keep Denton Beautiful received The funds will provide for an enforcement officer to help with litter abatement The officer will be house at the Keep Denton Beautiful Office Kathy Mosby discussed the $8,000 grant that Therapeutic Recreation received from Texas Parks and Wildlife to improve the trails for the physically handicapped at South Lakes Park Approval of Minutes Dale Yeatts made a motion to approve the minutes from the August 24`h meeting Brandon Barnes seconded the motion and it was approved unanimously ACTION ITEMS Consider a Request from the City of Denton Engineering Department to Construct a New Street Across the Denton Branch Rail Trail to Replace the Mayhill Road Crossing Bob Tickner said he is requesting that the Park Board make a recommendation to the City Council for granting approval of a surface use of a portion of the Denton Branch Rail/Trail approximately 1,000 feet north of Mayhill Road at Milepost 725 1 for the installation of a public street in accordance with Chapter 26 of the Texas Parks and Wildlife Code, providing for the issuance of an easement and providing an effective date Bob added that there would be an exchange of crossings - one for one - and that it could potentially provide for a safer crossing Bob said that after reviewing all other alternatives, staff recommends approval of this use of the Denton Branch Rail/Trail by realigning the trail to the eastern edge of the right-of-way and construct a signalized pedestrian crossing at the new Edwards Road/Maylull Road intersection Brandon Barnes made a motion to approve the approval of the use of the Denton Branch Rail/Trail by realigning the trail Dale Yeatts amended the motion to be approved with "the contingency that a signal be placed at the crossing" Gwendolyn Carter seconded the motion and it passed unanimously DISCUSSION ITEMS Youth Sports Co-Sponsorship Agreement Janet Simpson discussed how the Board previously had directed staff to revise the co-sponsorship agreement between the youth sports associations and the Parks and Recreation Department Last spring, a number of issues arose related to the Youth Sports Co-Sponsorship Agreement, including selection/draft process of teams, enhancement fees, season start dates, concessions, litter removal at the fields, fall season co- sponsorship, field allocations, rain-out notifications 6 Janet discussed the survey that was conducted by the Denton Boys Baseball, Inc related to the Grapefruit/Cactus leagues Janet reminded the Board that the Cactus league is for players between ages 9 and 12 The Grapefruit league is for the more experienced players The survey results showed that the participants felt the leagues were handled well and were pleased with the separate leagues Teresa Andress said that she had heard comments regarding the over lapping of seasons between baseball and soccer Kristie Weaver, Athletic Coordinator, said that the survey results indicated that the various associations did not have any problem with the seasons overlapping Ed encouraged the Board to seek opinions from the parents from the associations and forward it to Kristie He asked Kristie to share the information at the October meeting Janet stated that the item would be on the October agenda as an Action Item DIRECTOR'S REPORT Emergency Preparedness Related to PARD Facilities, Programs and Events Kathy Mosby reviewed process that Leisure Services has implemented in case of an emergency She commented that she is in the process of developing more detailed policies for major events and at the recreation centers Ed commented that the biggest weakness is at our special events is how we would handle large crowds and get them to safety in the event of an emergency Brenda Phillips said she would share emergency management information with PARD staff Project Status Report Janet commented that the Aquatic Committee met with stakeholders to receive input from the various users She added that the committee would be touring other cities facilities to gather new ideas Also, there will be a workshop with the consultants on Thursday and Friday to further discuss the project Keep Denton Beautiful Report Janet said that Teresa Salazar has been transferred to the KDB staff as their volunteer coordinator OTHERITEMS The Board discussed changing the meeting date to a more agreeable date Janie McLeod said she would contact the members that were unable to attend the meeting The Board' first choice would be the 4`h Wednesday of the month, and second would be the 4`h Monday Jame will get back with the Board on the date She reminded the Board that the November meeting would be held on November 6th Gold Medal Award Video Ed showed the Board the video that was submitted for PARD's Gold Medal Award nomination There being no further business, the meeting was adjourned at 7 33 p in 7 C \WMOOWSWEMNCIwp 260Nlvnin Mollsil E6 1I 7-0 6rc ORDINANCE NO AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 500 FEET NORTH OF MAYHILL ROAD FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A STREET DEDICATION EASEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 26 001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use, and WHEREAS, the City of Denton desires to improve public transportation to the City of Denton by constructing a four lane divided roadway 100 linear feet across the trail for a public street, and WHEREAS, the City of Denton desires to construct the public street across the Denton Branch Rail/Trail since alternative options would not be feasible and prudent, and WHEREAS, the City provided notice in the Denton Record Chronicle on October 8, October 15, and October 22, 2000 of a Public Hearing to be held on November 7, 2000 in the Council Chambers to consider the alternatives to the use of City Park for the subject street project, and WHEREAS, the City Council on November 7, 2000, received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Denton Branch Rail/Trail resulting from the public street crossing, and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253 001 of the Texas Local Government Code, and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject public street project includes all reasonable planning to minimize harm to the park as a result of the project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The public street crossing for Mayhill Road(Loop 288 by-pass) proposed by the City of Denton (the "Project") shall be constructed and maintained above the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the public street be constructed in a 8 C MNWW"EMTCLWp 36 Ondi r iccM1yLi110.Y 11 ] 00 Ex manner so that the park land may still be used by its patrons after completion of the Project in the same mariner it was used prior to the Project SECTION 2 A public street dedication easement which is revocable as required by law (National Trails System Act, 16 U S C 1247(d)) shall be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations, protects the patrons using the park from injury and damage both during and after construction of the Project, compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City SECTION 3 During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities SECTION 4 The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City SECTION 5 The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance SECTION 6 This ordinance 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 J~P~ROUTY, Y ATTORNEY HERBERT By 9 Page 2 of 2 C kWMW W MEMM8LIC STREET MSEMEMI 31 00d% PUBLIC STREET DEDICATION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENT COUNTY OF DENTON § That the City of Denton, Texas, a municipal corporation (the "City"), for and in consideration of the sum of per square foot for the property described in Exhibit "A"] DOLLARS hereby dedicates to the public's use an easement for public street purposes, subject to the reversionary rights and privileges of Missouri Pacific Railroad Company (Railroad) and City set forth in the Line Sale Contract between Railroad and Grantor of July 2, 1993, adopted pursuant to City of Denton Ordinance No 93-177 and limited by 16 U S C 1247 (d), section 8(d) of the National Trail System Act and subject to easements and licenses of record, interlocal agreements and Grantor's perpetual and superior right to maintain a trail system and expand the type and number of public utilities within the City's jurisdiction to maintain and operate within the property described in Exhibit "A", which easement is for the passage of vehicular and pedestrian traffic, along with the customary uses attendant thereto, over, under, through, across and along all that certain tract or parcel of land described in Exhibit "A", attached hereto and made apart hereof by reference for all purposes This easement is for the purpose of constructing, using and maintaining a public street at the grade and in accordance with the such plans attached hereto in Exhibit A specifications which will best serve the public while at the same time protecting the integrity of the existing railroad roadbed and accommodating the construction of the Denton Branch Rail/Trail Project as envisioned by the interlocal agreement between the City of Denton and the Texas Department of Transportation dated November 7, 1997 and adopted pursuant to City of Denton Ordinance No 95-227 Persons responsible for the construction of improvements within this easement shall comply with the following terms 1. Repair, modify or reconstruct the street improvements (and customary uses attendant thereto) authorized above (a) to comply with the interlocal agreement referenced in Ordinance No 95-277 above or any agreement between Federal or State agencies required to receive funding for the construction and maintenance of the Denton Branch Rail/Trail Project (b) to repair, modify, reconstruct, install or construct City's utilities in the easement area 2 Repair and restore any improvements in the easement area, lawfully placed therein by the City, its agents, employees or independent contractors or by others pursuant to an easement, agreement or license granted by City or its predecessor, the Railroad, damaged by the negligence of such persons or their agents, employees, or independent contractors working in the easement area with such persons' approval, in constructing and maintaining a public street 10 C\WMWWSITEM"UBUC STREET EASEMEMI 31 0E This easement will terminate if the easement area is used other than in compliance with the design as reflected in Exhibit A EXECUTED this day of CITY OF DENTON, TEXAS By Michael W Jez City Manager STATE OF TEXAS § COUNTY OF DENTON § This instrument is acknowledged before me, on this day of , by MICHAEL W JEZ, City Manager of the City of Denton, Texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by the City Council of the City of Denton and that he executed the same as the act of the said City for the purposes and consideration therein expressed, and in the capacity therein stated Notary Public, State of Texas Page 2 of 2 11 Exhibit A All that certain tract or parcel of land lying and being situated in the D Lambert survey, Abstract Number 784, City of Denton, Denton County, Texas, Being part of the tract of land described in the deed from Missoun Pacific Railroad Company to the City of Denton being recorded under County Clerk's File Number 93-R0058485, and being more particularly described as follows COMMENCING at the Southwest corner of Lot 1, Block A, Lombard Addition, an addition to the City of Denton, as shown by the plat thereof recorded in Cabinet I, Page, 182, Plat Records, Denton County, Texas, And on the East nght-of-way of Mayhill Road said point also being the Northwest corner of a tract described in a deed to Roy Hallford recorded under County Clerk's File Number 93-R0073462, Real Property Records, Denton County, Texas, Thence North 00 Degrees 55 Minutes 40 Seconds East, with the West line of said Lot 1 and the East line of said nght-of-way, a distance of 507 89 feet to a point, Thence South 89 Degrees 00 Minutes 57 Seconds East, a distance of 197 81 feet to a point for the beginning of a curve to the Left, Thence with said curve to the Left having a central angle of 11 Degrees 25 Minutes 54 Seconds, a Radius of 460 00 feet, an Arc Length of 91 78 feet, and a Chord which bears North 85 Degrees 16 Minutes 06 Seconds East, a distance of 91 63 feet to a point on the Westnght-of-way line of the Said Missoun Pacific Railroad Company tract, at the beginning of a curve to the Left and the POINT OF BEGINNING of the herem described tract, Thence with said curve to the Left having a Radius of 460 00 feet and a Central Angle that bears 12 Degrees 36 Minutes 02 Seconds an Arc Length of 101 16 feet and Chord which bears North 73 Degrees 13 Minutes 31 Seconds East a distance of 100 96 feet to a point and the beginning of a curve to the Right, Thence with said curve to the Right having a Radius of 1959 24 feet and a Central Angle that bears 02 Degrees 20 Minutes 24 Seconds an Arc Length of 80 02 feet and a Chord which bears South 24 Degrees 05 Minutes 35 Seconds East a distance 80 01 feet to a point and the beginning of a curve to the Right, Thence with said curve to the Right having a radius of 540 00 feet and a Central Angle that bears 10 Degrees 38 Minutes 47 Seconds an Arc Length of 100 34 feet and a Chord which bears South 72 Degrees 05 Minutes 25 Seconds West a distance of 100 19 feet to a point and the beginning of a curve to the Left, Thence with said curve to the Left having a Radius of 1859 24 feet and a Central Angle that bears 02 Degrees 31 Minutes 46 Seconds an Arc Length of 82 08 feet and a Chord which bears North 24 Degrees 27 Minutes 33 Seconds West a distance of 82 08 feet to the POINT OF BEGINNING and containing in all 0 186 Acres of land 12 Exhibit B Mayhlll Road N W55 40' E $0789 POC w 8 85 Building line Cob I Pg 182 io V Lot 1 / elk A °D Lot 1 / BIk A Lombard Addition Lombard Addition Cab I, Pg 182 Cob I Pg 182 00 J ca p $ 2 8 / V F POB m ~ m ~ w 97 Ir ~•s~ °q 4 A P•\~`qZ °S S Y 0186 acres s of Oen~on e RGO ,a S `qgq yA a• A n d's°1as Rood 0a~eo• osea Sys QtoQ IPo O0, Date ° 10/19;00 City of Denton Drawn by MAL Engineering & Transportation Department Right-of-Way Division 13 AGENDA INFORMATION SHEET Agenda NO Agenda I oL t 6~ Date 7 7 AGENDA DATE: November 7, 2000 DEPARTMENT: Planning Department CM/DCM/ACM- David Hill, 349-8314 SUBJECT -Z-00-019 (Peterbilt Expansion Project) Hold a public hearing and consider a Specific Use Permit (SUP) for an off-street parking lot on approximately 4 1 acres The site is in an Office (O) zoning district The property is generally located south of I-35E and west of Southridge Drive The purpose of the SUP is to provide off- street parking for a proposed office building expansion The Planning and Zoning Commission recommends approval (5-0) with conditions BACKGROUND The applicant requests a Specific Use Permit (SUP) for a remote off-street parking lot located across the street, to the west, of the existing Peterbilt office complex The 4 1 acre site is adjacent to retail land uses to the west, multi-family uses to the south, and office uses to the east There is an existing building on site that will be demolished for the construction of the proposed parking lot The proposed remote off-street parking lot will be used as a parking area during the expansion of the Peterbilt office facilities, which includes approximately 32,000 square feet building and an underground parking garage After the expansion is completed the remote parking will be used as overflow parking The office complex, including the proposed 32,000 square feet building expansion, will require 315 off-street parking spaces The parking area, including the proposed remote parking lot and the underground garage, will provide 323 parking spaces There is an excess of 8 parking spaces There was a discussion by the Planning and Zoning Commission to eliminate the most southern row of parking spaces of the remote parking lot to be able to increase the buffer between the proposed remote parking lot and the multi-family complex to the south However, this option was not included as a condition for approval recommended by the Planning and Zoning Commission The City Council granted a relief from the Non-residential Interim Regulations on October 17, 2000 ➢ The subject property is located in an Office (O) zoning district ➢ The proposed development is consistent with all of the policies of The Denton Plan Policies (see Attachment 1 - Comprehensive Plan Analysis section) ➢ Thirteen (13) property owners were notified of the zoning request Two (2) responses have been received, one (1) is in favor, and one (1) is neutral to the request (see Attachment 3) 1. PRIOR ACTIONIREVIEW The following is a chronology of Z-00 019, commonly known as Peterbilt Expansion Protect Relief from Ordinance 2000-069 October 17, 2000 Application Date - September 11, 2000 DRC Date- September 21, 2000 P&Z Date - October 11, 2000 ESTIMATED PROJECT SCHEDULE The site is not platted and would be required to be platted prior to development FISCAL INFORMATION Development of this property will increase the assessed value of the city, and county As a form of mfill development, no extension of public infrastructure is necessary to service this site P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0) of this zoning request with the following conditions 1 That the submitted site plan, and all notes and conditions listed thereon, shall be incorporated into the requirements and conditions of the Specific Use Permit 2 Lighting shall be designed and maintained so as not to shine on or disturb surrounding residential property or to shine and project upward to prevent diffusion in to the night sky 3 Parking lighting shall be allowed only between 6 00 AM and 9 00 PM 4 The parking lighting shall provide a motion detector lighting system OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zoning Commission Report, October 11, 2000, Z-00-019 2 Planning and Zoning Commission minutes from October 11, 2000 3 Draft Ordinance 2 Respectfully submitted Douglas S owell, AICP Director of Planning and Development Pr ar d by Deb rah Viera Pl er I 3. ATTACHMENT 1 Agenda No f` Agenda Item PLANNING AND ZONING COMMISSION D~_!-- STAFF REPORT Subject: Peterbilt Expansion Protect Case Number Z-00-019 Staff. Deborah Viera, Planner I Agenda Date October 11, 2000 Hold a public hearing and consider making a recommendation to the City Council concerning the Specific Use Permit (SUP) for an off-street parking lot on approximately 4 1 acres The site is in an Office (O) zoning district The purpose of the SUP is to provide off-street parking for a proposed office building expansion IBM we s 9 ✓iI Existing Peterbllt Office Complex a~l7'~,~ 9 ~ e+ dl' , s rt a: LOCATION MAP Location, South of 1-35E and west of Southridge Drive Size Approximately 4 1 acres 4. F o{E ~ Applicant Monte L Mechler Owner Jim Fykes 3131 McKinney Drive 1700 Woodbrick Street Dallas, TX 75204 Denton, TX 76207 The applicant is requesting a specific use permit (SUP) for a proposed remote off-street parking lot (See Enclosure 1) The 4 1 acres site is zoned office (See Enclosure 2) and will be a complementary use for the existing office complex, across the street, to the east The office complex is proposing to add approximately 32,000 square feet to the existing budding with an enclosed below grade-parking garage This application only includes the off-street parking lot and not the proposed expansion of the office facilities The proposed off-street parking lot will provide parking space during the construction stage and will be use as an overflow parking after the expansion is completed The proposed parking will be screened from the 1-35E frontage road (by existing vegetation) and the adjacent residential property to the south (with a proposed vegetation) Additionally, the parking lot was designed to save the existing trees on the site This project is subject to the requirements and procedures of the interim development regulations (Ordinance 2000-069) A waiver from the regulations has been submitted for consideration by City Council The Denton Plan places this property within an Infill Neighborhood/ Infill Compatibility area Within Infill Neighborhoods, new developments should respond to existing developments with compatible land uses, patterns, and design standards Staff finds this proposed SUP to be consistent with the Comprehensive Plan )n~; E The purpose of a Specific Use Permit is found at Section 35-106 of the Code of Ordinances A Specific Use Permit provides City Council the opportunity to deny or to conditionally approve those uses that generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community Because, however, of the nature of the use or possible adverse impact on neighboring properties of the use, review, evaluation and exercise of planning judgement relative to the location and site plan of the proposed use are required. 5 A Specific Use Permit follows a two-step review process designed to provide opportunities for citizen involvement and comment The first step, following the submission of an application for a Specific Use Permit, is to schedule a public hearing before the Planning and Zoning Commission Land- owners within 200 feet of the subject property are notified by certified mail of the Planning and Zoning Commission public hearing They are provided a response sheet and are invited to attend the public hearing to comment on the request Residence within 500 feet are notified of the request by mad and are also invited to attend the public hearing If the Commission recommends approval of the request, it is forwarded to the City Council for final action If the Planning and Zoning Commission recommends against the request, the applicant may appeal the decision to City Council Section 35-112 of the Zoning Ordinance states that a Specific Use Permit shall be issued only if all of the following conditions have been found 1 That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity, With the existing and proposed vegetative screening, the proposed use may not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity A solid screen fence along adjacent residential lots 5 and 6 would increase the proposed screening and provide additional mitigation to the adjacent residence 2 That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, There is little surrounding vacant property that is not used The proposed parking lot will allow for the proposed Peterbdt expansion 3 That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided, All necessary supporting facilities are in place 4 The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments, The parking lot, driveway and number of parking spaces meet or exceed the requirements of the City of Denton 5 That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, Existing and proposed screening and motion detecting security lighting will most likely mitigate any potential nuisances 6 6 That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Proposed lighting will be shielded to prevent light spillage onto adjacent residential property 7 That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The plan identifies the existing and proposed plantings and fencing to be installed to buffer the site Section 35-113 allows the commission to recommend additional conditions on the proposal to protect the public interest and the welfare of the community In addition to the requirements of an SUP, there are four (4) criteria that a proposed land use must satisfy in order to have a remote off-street parking space According to Chapter 35 of the Code of Ordinances, remote off-street parking is allowed if the following criterion is satisfied • The tract or parcel of land on which the budding or use is located has been developed so as to provide as much parking space thereon as could reasonably be used for such purposes • The budding or use being served by an remote off-street parking space which is necessary to meet parking requirements shall not be occupied or used until the owner of the parcel or tract of land to be used for remote off-street parking space has executed and recorded a declaration of restriction, legally binding, to restrict the use of the tract or parcel of land used for remote off- street parking space for parking purposes for so long as the site being served shall require such parking space • Once any off-street parking space has been provided to meet the requirements of any zoning ordinance, such parking space shall not thereafter be reduced, eliminated or made unusable in any manner so long as such parking is required by any ordinance Should such parking space be reduced, eliminated or made unusable, the budding official may issue an order revoking any certificate of occupancy issued for the use of the building or use being served by the parking space • Required off-street parking space shall be within five hundred (500) feet of the budding or use being served and shall provide convenient pedestrian access to the budding or use being served The proposed development does meet all four of these criteria 7 F ~ a~ 13, rc_= PII ti 1 Drainage and Topography New development will be required to design and construct a drainage system to city standards A preliminary drainage study will be required with the submission of a preliminary plat The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property The developer must indicate the method by which the run- off will be carried across the property or stored on the property 2 Signs As per the sign ordinance ~E " du miu tl a%;,f, ,a, dam January 14, 1969 - The subject property was placed in the Office (O) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton (see Enclosure 2) The subject property was platted in date/is not platted and would need to be platted prior to any development 8 Notice of the zoning request was published in the Denton Record-Chronicle on September 30, 2000 Twelve (12) property owners within two hundred feet (the applicant) were mailed a legal notice, Thirty- seven (37) residents within five hundred feet were sent a courtesy notice informing him/her of the request (see Enclosure 3) As of this writing, there have been two responses, one in favor and the other response was neutral to the request A neighborhood meeting is scheduled for October 10, 2000 (See Enclosure 4) Staffs analysis indicates that with the addition of a screen fence, this specific use permit application meets all seven (7) criteria of Section 35-112 of Chapter 35 of the Code of Ordinances The request for a remote off-street parking lot at this location is compatible with the surrounding area It will provide off-street parking necessary for the proposed expansion of the existing office facilities and will increase safe vehicular and pedestrian traffic by providing overflow parking during special events held at the Peterbdt Office complex Existing and proposed screening around the perimeter of the remote parking lot will enhance the appearance along 1-35E frontage road and will block car headlights preventing the disturbance of adjacent residential properties 8 Staff recommends approval of Z-00-019, subject to the following condition 1 That the submitted site plan, and all notes and conditions listed thereon, shall be incorporated into the requirements and conditions of the Specific Use Permit 2 Lighting shall be designed and maintained so as not to shine on or disturb surrounding residential property or to shine and project upward to prevent diffusion in to the night sky 3 Parking lighting shall be allowed only between 6 00 AM and 9 00 PM 4 The parking lighting shall provide a motion detector lighting system 5 A solid six (6) foot high screening fence shall be constructed adjacent to residential lots 5 and 6 Block 3 Southridge Center w( ' ` " Ilk, I move to recommend approval of Z-00-019, with the following conditions 1 That the submitted site plan, and all notes and conditions listed thereon, shall be incorporated into the requirements and conditions of the Specific Use Permit 2 Lighting shall be designed and maintained so as not to shine on or disturb surrounding residential property or to shine and project upward to prevent diffusion in to the night sky 3 Parking lighting shall be allowed only between 6 OOAM and 9 00 PM 4 The parking lighting shall provide a motion detector lighting system 5 A solid six (6) foot high screening fence shall be constructed adjacent to residential lots 5 and 6 Block 3 Southridge Center 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend denial 4 Postpone consideration 5 Table item 1 Site Plan 2 Zoning Map 3 200'-500' Notification Map & Responses 4 Neighborhood Meeting Summary Memo 9 SURE - 1 ~ ~d ~ © QI11 1 111 Fy F ~ Ilq 'v~l c cii^ u u ~ Il ilil y it i!°4~ 'L~l! n • 1 l II I t o f a A 1 c I~ F! I F i = a~ ~G ,l Il ! III i g ~ F \ \ ~ = I ~ F I i U'~ p i t I~ I I ~ ~i A°I 1 , q ~ 7L "i D r Y T 'L , 01 003 ~5p J0~ 79 i° i I - - - - L1Qm ^fSp - j p~ . AI;Nq i 1! I I , • • ° ~I ~ FA BIIIIIIIIIBIBIIIIiII f F 1~ I 4_ _ . • • I` t ' Lem i YL i LLL^^ I I I O 1~ ~ y oA i o - li ! rr cn L, MAN t c iO 1 z v I~ F L I ' Y ! ;ill a ~ L / / w/ln'Tn 3z w I gg~~~"~ g~ IHYnlai~uleFdipMllsnAha ! ti I'AIiaonecava 17NIItIiIMdlheEt - L - ~I ICI! 1 Nda,1Mm 71E11 10 ENCLOSURE 2 NORTH Z-00-019 (Peterbilt Parking Lot SUP) O Q~ GR i r I r'rra~.~ m O MF•1 F- 0 F-1 0~ o Yh~ M MF-1 'pO r ZONING MAP L Agenda Date- October 11, 2000 Scale None 11 ENCLOSURE 3 NORTH Z-00-019 (Peterbiit Parking Lot SUP) i Clfr O DID Stu ~ o plex 4 ~I P o Iwo W r 200'- 500' NOTICE MAP 200' Legal Notices sent via Certified Mail 12 500' Courtesy Notices sent via 181 Class Mad 37 Agenda Date October 11, 2000 Scale None 12 i NOTICE OF PUBLIC HEARING Z-00-019 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday October 11, 2000, to consider making a recommendation to the City Council concerning the Specific Use Permit (SUP) for an off-street parking lot on approximately 4 1 acres The site is in an Office (O) zoning district It is located south of 1-35E and west of Southndge Drive (see map on backside) The purpose of the SUP is to provide off-street parking for a proposed office building expansion The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, in order for your opinion to betaken into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mad it to the address below, or drop it off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn• Deborah Viera The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Op Co ocr , 4 ?000 ~NNINQ Signature Dkvvpt to MFNT Printed N me r Mailing Address4 5-d/Yf City, State Zip 7i°Jc~ `O Telephone Number 38 Vre Physical Address of Property within 200 feet Po =3 re /7/0 W°J7r"••AS! CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940 349 8350 • (F) 940 349 7707 13. NORTH Z-00-019 (Peterbilt Parking Lot SUP) Isom ® O Alm eterb SITE plex p - 1 ~uw p m o 200,- 500' NOTICE MAP Agenda Date: October 11, 2000 Scale: None ~ved tot 10 NOTICE OF PUBLIC HEARING Z-00-019 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 11, 2000, to consider making a recommendation to the City Council concerning the Specific Use Permit (SUP) for an off-street parking lot on approximately 4 1 acres The site is in an Office (O) zoning district It is located south of 1-35E and west of Southridge Drive (see map on backside) The purpose of the SUP is to provide off-street parking for a proposed office building expansion The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public heanng Please, in order for your opinion to betaken into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public 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 Attn Deborah Were The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request H(5SuC? VIC pec-c~n~~rza1~~ Comments J~ t'iNE /Cr~GE~rt~O gam', dcfs ®✓o~~~JEcT717 ~JiTN Rr~iNl~Gt gN~ (STF4NCE~iIOM P2~~E2TyGrn~~ 70 3ut~7~rNG Lr,v6- (5507-% J29(-A7"lVE71 /~iJ6/L 5/~6(LE55 N/N_))4009f)D, RG-5T_R . y F G~rD ~2t too 0 772A11C_ • 00 Signature Printed Name- Mailing Address O pLL` L LN ~r3 ~2eti1/~u /U City, State Zip :L~ 6n 17Dn/ Tx -'it-4,90-5 Telephone Number 2eo 0.:~ Physical Address of Property within 200 feet 00-406-' 408-4-14 14,!) L L-/ LL G N CITY OF DENTON, TEXAS CITY HALL WEST • DENTON TEXAS 76201 • 940 349 8350 • (F) 940 349 7707 14 Z-00-019 (Peterbilt Parking Lot SUP) fee] NORTH .tVH ~ sl k kte 'k J eterb SITE p lex t e e e 1 5w, SF:, 3 O w3 < sy ~ i a e I , 0 tab r~ 200'- 500' NOTICE MAP Agenda Date October 11, 2000 Scale None mom Met ~6 ENCLOSURE 4 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO PLANNING AND ZONING COMMISSION FROM MARCY RATCLIFF, DEVELOPMENT REVIEW MANAGER SUBJECT NEIGHBORHOOD MEETING OF OCTOBER 10, 2000 DATE OCTOBER 11, 2000 CC CITY COUNCIL Peterbilt representative, Mr Jim Fykes and the architect Monte Mechler of PGAL held a neighborhood meeting at the offices of Peterbilt on Southridge Drive Six neighbors attended the meeting The neighbors did not seem to have any issues or problems with the proposed remote parking lot use They were concerned mainly with drainage and about not placing a fence along the southern property line as recommended by staff on adjacent to lots 5 and 6, Southridge Center The fence discussion centered on the pro and cons of providing a screening fence The neighbors in attendance did not want the screening fence The neighbors and Peterbilt discussed the existing drainage issues and two possible scenarios to solve the problems The parking lot lighting plan was discussed and the applicant showed the lighting parametric plan that was submitted to the city The daily traffic impact to Southridge Drive was also discussed City of Denton, Plannmg and Development 15 221 N Elm, Denton, Texas 76201 w cayofdemon com (940) 349 8350 fax (940) 349 7707 ATTACHMENT 2 Pdge 3 I PROCEEDINGS I parking spaces They do meet all the requirements for 9 2 MR MCNEILL I d like to open the City of 2 specific use permit and the four cinema for remote 3 n Planning and Zoning Commission for the Ober 11, 3 off-street parking 4 2000 ting, seeing that we have a quorum 4 Staff recoimnended approval of Z 00 019 subject 5 PPLE Move to approve the tes 5 to the following conditions that the submitted site plan 6 Ms T second 6 and all notes and conditions listed thereon shall be 7 MR MC L it's been mo and seconded 7 incorporated into the requirements and conditions of the 8 that we approve the utes of September 13th meeting 8 specific use permit that lighting shall be designed and 9 Any discussion? Vote, Motion passes unanimously, 9 maintained so as not to shine or disturb surrounding 10 5 0 10 residential property or to shine or project upward to I 1 The next I n our da is the Consent 11 prevent diffusion into the night sky parking lot lighting 12 Agenda Do I motion? 12 shall be allowed only between the hours of 6 00 a in and 13 Ms E III stove to appro a Consent 13 9 00 p to the parking lot lighting shall provide a motion 14 Agenda 14 detector lighting system and to provide a solid six loot 15 R JUSHEL second 15 high screening fence to be constructed adjacent to thL 16 MR MCNEILL It's been moved and secon 16 residential lots of 5 and 6 and this is the area shown in 17 at we approve the Consent Agenda Is there any 17 blue, Block 3, Soudmrndge Center 18 discussion? Vote, please Motion passes unanimously, 18 Also for your information, there was a 5-0 19 neighborhood meeting that was held last night at the 20 - The next item on our Agenda is public hearing, 20 Peterbdt offices There were six residents who werL in 21 a zoning case And the rules for conducting a public 21 attendance of that meeting last night The majority of 22 hearing have been posted outside the chamber and we will 22 the continents were discussing the purpose for the pioposcd 23 follow according to those rules At this point I believe 23 parking lot and to discuss the fence the staff 24 we're going to have a staff report 24 recommendation for the fence The neighborhood did not 25 MS GOURDIE Mr Chairman 25 want the proposed fence It is not shown on your sac Page 2 Page 4 I MR MCNEILL Yes I plan at this time but it was a recommendation made by 2 MS GOURDIE I would like to excuse myself 2 staff Staff has no problem with removing the scB iii n, 3 from this Case No 7 please 3 fence but that's clearly up to the Planning and Zoning 4 MR MCNEILL very good 4 Conmussion Mr Jun Fykes of Peterbilt is here this 5 MS GOURDIE Thank you 5 evening and his architect Monte Mechler of PGAL is hue 6 MS RATCLIFF Yes, sir Before you this 6 this evening to address any questions that YOU might haSL 7 evening we have a public hearing scheduled to consider a 7 MR MCNEILL Staff do you have any quesnom 8 specific use permit for a remote off street parking lot 8 for staff? Excuse me Cormmssioners, do you have any 9 This is on a properly that's currently zoned Office and is 9 questions for staff before we call up the apphcant9 10 located directly west of the Peterbilt offices This is 10 Thank you Is the applicant or applicant's representative 11 along Interstate 35 and Southrldge Drive This property I I here? Please state your name and address for the record 12 contains approximately 4 1 acres and will contain 12 Oh, I believe we have a question for staff 13 approximately 165 off-street parking spaces The purpose 13 MS HOLT what was the objection to the 14 for the remote off-street parking lot is to allow for an 14 fence? 15 expansion of the existing Peterbilt facility across the 15 MS RATCLIFF I in sorry Can you repeat 16 street During the construction period, they will be 16 that? 17 removing some of the existing parking spaces and building 17 MS HOLT what was the objection to the 18 approximately 32,000 square feet 18 fence9 19 The site plan that's in your packet, the area 19 MS RATCLIFF They didn't feel there was a 20 outlined in orange is the area for the sop only This is 20 need for a fence It was a very unusual comment 21 the remote parking space, parking lot Across the street 21 MS HOLT It's very unusual 22 shows the existing Peterbilt offices and their proposed 22 MS RATCLIFF But the applicant is proposing 23 expansion With the proposed expansion, they will require 23 some screening of those parking lots that are closest to 24 315 off-stroet parking spaces With this remote 24 the residential lots It would be a landscape screening 25 off-street parking, they'll be providing 323 off-street 25 But they had no objections with the use itself and they PLANNING AND ZONING OCTOBER 11, 2000 Page 1 - Page 4 16 e, ,~I a CondenseIt'M Page 5 " Page 7 1 did not want a fence 1 The structure that s out on the access road 2 Ms BOLT Thank you 2 the Sound office building Once they relocate to another 3 MR MCNEILL Before you leave, is there 3 facility right now, they're leasing it from us for 180 4 anyone else's light that didn't come on who had a question 4 days initially Once they vacate and we begin 5 for staffs Okay Thank you 5 construction we'll remove that structure Questions? 6 MR FYKES ran Jim Fykes Peterbilt Motors 6 MR MCNEILL Conmrssioners do you have any 7 Company, 1700 Woodbrick 7 questions for the apphcantl Thank you very much This 8 MR MECHLER And my name is Monte Mechler 8 is a public hearing Is there anyone present who would 9 I in with POAL I m the architect My name is Monte 9 like to speak to this item? Anyone present who would like 10 Mechler and I'm an architect in Dallas, Texas at 3131 10 to speak to the item? Seeing none I will close the l I McKinney Avenue 11 public hearing and ask staff if they have any closing 12 MR FYKFS we also have our civil engineer 12 remarks 13 here tonight, too 13 MS RATCLIFF Yes, sir There was one letter 14 MR MORALES My name is Robert Morales from 14 that was received last night at the meeting and I 15 Doyle Engineer Group 15 apologize I failed to make a copy of it, but I will lead 16 MR FYKES Last night at the neighborhood 16 it to you It's from Ms Dorothy Byrd for the Wingate 17 meeting the condition of the fence, to further answer 17 Terrace d/b/a Pine Ridge Condominium Association It 18 your question I think, is the people who live in the 18 says the Pine Ridge Condominium Association does not IQ condominiums down in this far corner I think they've 19 object to this SUP we are concerned with drainage and 20 gNinen very use to the fact that it's a very open and a ' NI 20 distance from the property line to the building tine 21 very natural area and the parking lot is probably not 21 relative to ingress and egress behind 400 and 406 and 22 going to change that environment a great deal, especially 22 restriction of traffic on Pine Ridge driveway Ms Byrd 23 in the evening hours when there's no cars there 23 lives at 406 Holly Hill Lane She lives I believe in Lot 24 Basically, the lots in this area down adjacent 24 4 - 3 or 4 25 to this corner is where the condominium folks were at 25 MR MCNEILL okay Page 6 Page 8 1 And the proposed fence by staff was in this area, adjacent 1 MS RAI CLIFF 111 be happy to entertain any 2 to Lots 5 and 6, I think And what we've done is put 2 other questions that you might have 3 shrubbery screening in that area to try to shield the 3 MR MCNEILL Commissioner Rishel 4 backs of those dwellings 4 MR RISHEL were you able to attend the 5 MR MCNEILL A clarification here, you say 5 neighborhood meeting or the meeting that they had at 6 Lots 5 and 6, is that not where, if I'm reading the 6 Peterbilt? 7 drawing right here, isn't that where those duplexes are? 7 MS RATCLIFF Yes, sir I was there last 8 MR FYKES There's two duplexes in Lot 5 and 8 night 9 6 That's correct 9 MR RISHEL okay So the question I just 10 MR MCNEILL Yeah Right Right Okay 10 want to make sure that I don't think we want as a 1 I Then that's where that you had originally proposed a fence I 1 Commission or a City to impose something like a fence on 12 and now you're 12 people that don't want it We see good things and bad 13 MR FYKES staff had proposed a fence from 13 things about fences They're places that people can hide 14 Lot 5 to Southridge Drive 14 behind They do block some visual from lighting that 15 MR MCNEILL Right Thank you Sorry for 15 might be objectionable to those neighbors As you look at 16 the interruption 16 Lot 5 and Lot 6, do the people that were at that meeting 17 MR FYKES Basically the logic behind the 17 were there people that specifically lived at those lots 18 parking tot is just to facilitate parking needs for the 18 that talked about that? 19 building expansion We intend to leave as you can see 19 MS RATCLIFF No, sir Those particular 20 all the current vegetation out near I-35 and we've 20 lots I believe, are owned by a corporation that they 21 arranged the parking lot in a fashion that I think it 21 don't live near 22 saves all the trees that am currently there, then we've 22 MR RISHEL okay So the notice was not sent 23 added some additional plantings, as well, to further 23 to those people 24 landscape We'll fully imgate the area so that we've 24 MS RATCLIFF Yes sir the notice was sent 25 got everything we need there to maintain the landscaping 25 to those people They did not attend the meeting last PLANNING AND ZONING OCTOBER 11, 20C- Page 5 - Page 8 17 CondenseIthh" Page 9 Page I I 1 night 1 night also 2 MR RISHEL NO the notice was sent to the 2 MS RATCLIFF The proposed recommendation w is 3 owner of the property which were not necessarily the 3 based on discussions with Peterbdt that during the how, 4 people that live on those lots is that correct? 4 that the lights were not on is that if the lights came 5 MS RATCLIFF That is correct 5 on the residents would know somebody was back m thL 6 MR RISHEL okay I guess my question is, as 6 parking lot and it would also discourage anyone from 7 you see t, is it logical to follow through with fencing 7 loitering on the parking lot during non-business hours 8 this like we have done in other arras that maybe we're 8 MR RISHEL t guess the nature of motion 9 Just protecting people from themselves or are we creating 9 detectors as I think of them is that if a large dog ran 10 a hazard for their it we put a fence up there that's 10 across the parking lot the motion detector would come, on 11 something that would be less protection as opposed to more 11 too which makes me think these may be coming on chuff 15 12 protection that we sometimes think fencing does for us9 12 or 20 minutes, and that may not be what the owners aic 13 MS RATCLIFF I think that's an issue that 13 desiring I sae an engineer shaking his bead or someone. 14 this Board will have to decide 14 shaking their head 15 MR RISHEL t no asking you to help me decide 15 MS RATCLIFF 1 think the applicant could 16 That s exactly why I'm asking 16 better answer that for you 17 MS RATCLIFF well, we made the 17 MR RISHEL Fine Thank you 18 recommendation to place the fence there We were 18 MR MCNEILL conumssioners is it all right 19 concerned with headlights because currently no one uses 19 to bring the applicant back upn Is emerybody agreeable to 20 that lot And those particular parking spaces were so 20 that? Could the applicant address the question about the. 21 close to the property lot, to the lot - the souther lot 21 motion detectors, pleasev 22 line 22 MR MECHLER Yes sir M3 name is Mona, 23 MR RISHEL But it's not like people need to 23 Mechler with PGAL The intent of the motion detector 24 travel from those lots to the freeway or to something that 24 truly is more of a safety issue more than anything Just 25 might be over there The park is on the souther part of 25 in case there happens to be somebodv that has to park in Page 10 Page 12 1 that residential area, if I'm not mistaken 1 the parking lot at night, they'll come out there the 2 Ms RATCUFF The only problem that I would 2 lights will come on That will give them plenty of light 3 see with putting a fence there is those residents are not 3 to get to Peterbdt if necessary The motion detectors 4 accustomed to a six foot wooden fence at the rear of their 4 can be set for different levels so a dog or something hkc 5 alley You know, maneuvering their vehicles in and out 5 that, it won't go off Typically the} can be set for a 6 shouldn't be a problem but they're not used to looking for 6 large vehicle a car typically But a person will 7 a fence so that could become an issue with them 7 probably be able to set it off but a dog probably not 8 MR RISHEL okay Thank you 8 But we can modify the specifications accordingly to make. 9 MR MCNEILL other questions for staff? 9 sure that it's not like a car alarm that it goes off whuh 10 Thank you very much Commissioners, a motion or 10 you drive by It's not going to be so sensitive in that 11 additional discussion? 11 respect But the intent of the photo cell was truly as it 12 MR RISHEL A question of staff 12 precautionary and a safety devise more than anything as 13 MR MCNEILL okay Staff, could you come 13 well as an energy saving device 14 back please? 14 MR RISHEL Good luck 15 MR RISHEL one of the other recommendations 15 MR MCNEILL Commissioner Rishel is part of 16 that we have made maybe made as staff again, I want to 16 your question that these are inconsistent with one 17 make sure I'm understanding this we talked about the 17 another? 18 lighting in Recommendation No 2 or, excuse me, 18 MR RISHEL That's what it looks like to me 19 Recommendation No 3, and, basically, that it would be on 19 But I can see residents people still parking or being at 20 from - or be allowed from 6 00 o'clock a an to 9 00 p an 20 work or at a meeting or something that you might want the 21 And then right below that we talk about motion detectors 21 light to come on beyond that so that would be certainly 22 for lighting system Is that superseded by the time zone 22 desirable And I would certainly appreciate that if they 23 that we have there or does it come on automatically with 23 had a community meeting or something at the building for 24 motion? And I guess I think of motion activating this at 24 same reason but I also see - I don t know of any motion 25 any time which would be 10 00 or 11 00 or 12 00 o'clock at 25 detectors myself that are that sensmhme that will pick up PLANNING AND ZONING OCTOBER 11, 20P^ Page 9 - Page 12 18 CondenseItm" t Page 13 Page 15 1 the difference between 120 pound dog and a 100-pound I when you presented the plan Do you feel that the scrap 2 person So you may have a better knowledge than I do of 2 with the bushes u ould be sufficient to keep any bad m Kw s 3 motion detectors and as they work today 3 out or light? 4 MR FYKES The motion detectors will be 4 MR MECHLER. Yes ma am In all honesty 5 located they'll be pole mounted so the motion detector 5 when we put it together we were looking at probably about 6 will be up high 6 a four or five-foot tall dense shrub line so that 7 MR RISHEL Eut I'm envisioning the motion 7 basically, when the cars pulled in, the lights wouldn i 8 detector coming on when someone is walking to their car at 8 penetrate through that Basically the back side is 9 8 00 o'clock at night, like we would have now when it 9 garages anyway but still nemertheless, we thought that 10 would be dark and you'd want that to come on Is that 10 having a soft boundary there versus a fence was a much I I correct? I 1 better look and probably better for the neighbors And do 12 MR FYKES That's true That's one of the 12 we thought about - that s why originally when the SL i was 13 reasons that we're trying to say we'd like to have the 13 put in, we had a shrub line there, not a fence 14 availability of lighting until 9 00 o'clock However - 14 MS HOLT Thank you 15 MR RISHEL so at 9 00 o'clock, it would not 15 MR FYKES These two lots, they're both 16 activate? 16 duplexes And there s a Western Cedar fence that cos crs 17 MR FYKFS It would go off and then after 17 the whole backyard of both of them with the exception of 18 that, it would be motion detector Now it would be on a 18 double garage doors on both sides So the garage door, 19 timer, basically, where if it were dark at 6 00 o'clock in 19 and the driveway r, really all that you would get Thy 20 the morning, the lights would come on on the timer When 20 fence itself for the property on the site actually blocks 21 it gets dark at 6 30 in the evening, the lights would be 21 the headlights And then with the addition of the shrub 22 on a tinter until 9 00 o'clock and then the motion detector 22 screening, we feel hke that that would be more than 23 would take over after that 23 adequate 24 The larger reason that we're concerned we 24 MR MCNEILL other questions? Conmmssitimr 25 don t have people at that building in the evening Most 25 Williams Page 14 Page 16 1 everybody is gone by 6 30 This is basically a daytime I MR WILLPAS Yes I in a little bit late and 2 parking facility If there was anybody coming to the 2 a dollar short, the story of my life But I was listening 3 building to the evening, they would naturally park closer 3 to the motion detector and I always think about safety 4 to an entrance rather than over there 4 And I beard you say something about skateboards Then. 5 The bigger concern for us is kids on 5 won't be any security for your employees? If I got mad at 6 skateboards, bicycles running through the parking lot, or 6 my wife I could jut wait in the parking lot and blow hct 7 somebody driving a car in there late at night to do 7 brains out? 8 something that they don't need to be doing And the 8 MR FYKES we don t have security at this 9 lighting on motion detectors, we feel like, would be a 9 location We basically have our entrances to our 10 deterrent for people doing things like that 10 building is controlled However the parking lot, again I 1 MR RISHEL I know Peterbdt to be a good I 1 it is a daytime facility It's not an evening facility 12 neighbor in that area and I think your neighbors 12 If there's anybody there in the evening it's usually one 13 appreciate you being there I personally don't see a 13 person comes in to pick something up or go out We don t 14 problem I just want to make sure that we're trying to 14 have evening hours 15 implement the very best plan we possibly can for Peterbilt 15 MR WILLI-AMS so people could congregate 16 employees' safety and the neighborhood's safety both 16 there and do whatemer they wanted to after evening hour' 17 And as I say, I'm learning something about motion 17 MR FYKES That s one of die reasons that 18 detectors that perhaps I didn't know and I'm a builder and 18 we're putting the motion detectors in so that we can 19 I don't know if we're all talking the same language here 19 preclude that from happening Now, the lights on the 20 when it comes to motion detectors So I appreciate your 20 other parking lot today operate all evening They're on 21 edification on that 21 photometric sensors And the only reason that we ve 22 MR MCNEILL commissioner Holt, do you have a 22 elected to not do that here is just because the fact that 23 question? 23 it backs up to residential property I think in your 24 MS HOLT Yes Mr Mechler, I wanted to ask 24 package, you can see a drawing and you can see what the 25 another question about the fence You didn't put it in 25 photometric diagram is of the lighting And it s well PLANNING AND ZONING OCTOBER 11, 2f Page 13 - Page 16 19 CondenseItni Page 17 Page 19 1 centered on our property and doesn't spill over into the I Ms APPLE second 2 neighborhood 2 MR MCNEILL A motion has been made and 3 MR MCNEILL commissioners other questions? 3 seconded Any discussion? Are you ready to von' Vot, 4 I have one comment then, question, reassurance from you 4 please Monon passes unanimously, 5 0 5 Several of the telephone calls I had concerned the a nex r on our gen a is em , is 6 drainage and I think you had similar questions And I hold a public hearing concerning a zoning plan common) 7 just want the record to show that the drawing you've 7 own as 3200 East University It's currently 8 presented does address tlus issue with engineering 8 culture And I believe we have a staff report 9 studies and you may want to continent on that aspect of the 9 MS HUDSON Thank you ladies and ge nAAm 10 drainage problem 10 of the mssion The site plan or the zo g plan that I I MR FYKES we are currently - we have done a I 1 )ou have b you tonight is lot Prom ce Squan, it 12 drainage study or are in the process of doing a drainage 12 is approximate 12 acres at the so st corner of Loop 13 study And as you can see we ve put flow arrows on the 13 288 and East Unm mty The zo g plan as they ha% , 14 drawing depicting where the water would flow to All of 14 presented to you tort , ah t exactly what the Put,,, 15 the drainage in this part of Southridge is above ground 15 Land Use Plan calls for i ur Comprehensive Plan Tht,y 16 There are no storm sewers in the older section of 16 have areas of etnployn c r, which can be Light 17 Southridge What the water flow would intend to do would 17 Industrial over he the sort t corner They hat c 18 be come down Holly Hill Lane and turn the corner or go 18 areas of Retail Office here and And then arum,, 19 down and go into the storm sewer system that's further 19 that are call eighborhood Centers in area here 20 down Holly Hill or return back out to the access road 20 knd this reflected on page 7 of your bac 21 One of the things that we're studying as an 21 Wlrat they are proposing is four acres Light 22 alternative is to put a catch basin in this corner and 22 1 strial here, a total of 48 acres of General Reta rid 23 potentially carry the water across our property 23 ffice to be located here, here, and throughout the a 24 underground down to the spillway that's on 135 at the 24 on C and D that face presumably the Loop, although the 25 access road We haven't done a full engineering view of zoning plan is not specific and they would be able to have Page 18 Page I that, whether we can get the elevations and the flow and I pockets of Office or Retail in the middle of this in 2 everything that we need there But that is an alternative 2 addition they are proposing 35 acres of Single Family 3 at this point in time We've also looked at these areas 3 Inched housing in Areas C and D, ten acres of atta 4 for detention so that we can slow the water flow down 4 ho ng which will be townhouses in Area D, and 0 acre 5 Then we're also bermmng these areas over here so that the 5 lines rk that will go through the site 6 water doesn't leave the property 6 e have received two responses in or and 7 MR REICHHART Drainage will also be 7 three respo s neutral to it One of them as received 8 addressed when they plat the property 8 after the time the staff report pnnnn hich was 9 MR MCNEILL Right Comnmissioners thank 9 handed to you the staff analyst f this, we behcvL 10 you very much Other comments or a motion? 10 that with the volun restriction at he has placed on 11 MR RISHEL I'll try a motion 11 the property in the Ian ses, a ell as the high design 12 MR MCNEILL All right 12 standards drat the prop shown, which are on page 8 13 MR RISHEL I move to recommend the approval 13 or also on the full size s yours, that they meet 14 of Z-00-019 with the following conditions that the 14 the intent of the Comp east Ian and that it typically 15 submitted site plan and all notes and conditions listed 15 far exceeds whet w ee on zone laps and that staff is 16 thereon shall be incorporated in the requirements and 16 recommending a roval 17 conditions of the specific use permit, lighting shall he 17 At time 1 will let the pets s 18 designed and maintained as to not shine on or disturb 18 applicant en Bussell come and speak nd I will ba 19 surrounding residential property or to shine and project 19 avadabl or any other questions 20 upward to prevent diffusion into the night sky, parking 20 MR MCNEILL Do you have any quests of 21 lot lighting shall be allowed only between 6 00 a in and 21 s before we hear from the applicant? Anybo Okay 22 9 00 p m , the parking lot lighting shall provide a motion 22 ery good Is the applicant or the applicant's 23 detector lighting system, a six-foot - I think I'll leave 23 representative present? 24 off No 5 Excuse me 24 MR BUSSELL My name is Allen Bussell I 25 MR MCNEILL All right work at Surveyors and Engineers of North Texas, 1621 PLANNING AND ZONING OCTOBER 11, 2001 20 Page 17 - Page 2 +~`~~9i. q16 w.xU a ~ +~Me~ w 1n M~+ffY l1 ~ k ~ v a n ~y n y 1 ,~d ~ as a e ~4 '9 1 A tl n ~~i s` t ~x~ i S \Our Documents\Orduiances\00\Z 00 019 doc ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A REMOTE OFF-STREET PARKING LOT ON 4 1 ACRES OF LAND LOCATED SOUTH OF I-35E WEST OF SOUTHRIDGE DRIVE, WITHIN AN OFFICE (0) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-00-019) WHEREAS, Monte L Mechler, on behalf of James G Fykes, has applied for a specific use permit for a remote off-street parking lot on 4 1 acres of land located south of I-35E west of Southndge Drive, within an Office (0) zoning district classification and use designation, and WHEREAS, on October 11, 2000, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a remote off-street parking lot, and WHEREAS, the City Council finds that the Specific Use Permit will be in compliance with The Denton Plan Policies, and WHEREAS, in accordance with Article III, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist That the remote off-street parking lot will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity, That the establishment of the remote off-street parking lot will not impede the normal and orderly development and improvement of surrounding property, That adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided, That the design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments, That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, That directional lighting will be provided so as not to disturb or adversely affect neighboring properties, That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property, NOW, THEREFORE, 21. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That a specific use permit to allow a remote off-street parking lot on a 4 1 acres of land described in the legal description attached hereto and incorporated herein as Exhibit "A" and located south of I-35E west of Southndge Drive, within an Office (0) zoning district classification and use designation, and the attached site plan attached hereto and incorporated herein as Exhibit "B," is hereby approved subject to the following conditions 1 That the submitted site plan, and all notes and conditions listed thereon, shall be incorporated into the requirements and conditions of the Specific Use Permit 2 Lighting shall be designed and maintained so as not to shine on or disturb surrounding residential property or to shine and project upward to prevent diffusion in to the night sky 3 Parking lighting shall be allowed only between 6 00 AM and 9 00 PM 4 The parking lighting shall provide a motion detector lighting system SECTION 2 That the City's official zoning map is amended to show the change in zoning district classification SECTION 3 That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 4 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of __12000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 22 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 23. EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IIJ THE R H I IOPKINS SURVEY, ABSTRACT No 1694 AND THE J McGOWAN SURVEY ABSTRACT No 797 DE14ION COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 447 ACRE TRACT DESCRIBED IN A DEED 10 TIIE SYNOD OF TEXAS, PRESBYTERIAN FOUNDATION OF THE UNITED PRESBYTERIAN CHURCH, USA A TEXAS COPORATION, RECORDED IN VOLUME 456, PAGE 224 DEED RECORDS DENTON COUNTY, TEXAS, AND A PART OF A 31 715 ACRE TRACT DESCRIBED IN A DEED TO THE SYNOD OF TEXAS PRESBYTERIAN FOUNDATION OF THE UNITED PRESBYTERIAN LHURCI I, U S A, A TEXAS COPORAlION, RECORDED IN VOLUME 485 PAGE 97, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A WOOD RIGHT-OF-WAY POST AT THE NORTHWEST CORNER OF SAID 1 447 ACRE TRACT, BEING THE NORTHEAST CORNER OF LOT 1, OF THE REPLAT OF BLOCK 2, SOU111RIDGE CENTER, RECORDED IN VOLUME 6, PAGE 8 PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING ON THE SOUTH RIGIIT-OF-WAY LINE OF INTERSTAIE HIGHWAY 35 EAST (A VARIABLE WIDTH RIGHT-OF-WAY), THENCE SOUTH 73 DEGREES 43 MINUTES 46 SECONDS EAST, WITH THE NORM LINE OF SAID 1 447 ACRE TRACI AND 111F SAID SOUTH RIGIIT-OF-WAY LINE A DISTANCE OF 166 40 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 78 DEGREES 35 MINUTES 00 SECONDS EAST, WITH THE NORTH LIME OF SAID 1 447 ACRE TRACT AND 114E SAID SOUTH RIGHF-OF-WAY LINE, A DISTANCE OF 342 58 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC, CAP STAMPED H&N 1849 AT THE INTERSECTION OF THE SAID SOUTH RIGHT-OF-WAY LINE AND THE WEST RIGHT-OF-WAY LINE OF SOUTHRIDGE DRIVE (A 60 FOOT RIGHT-OF-WAY), THENCE SOUTH 01 DEGREES 00 MINUTES 33 SECONDS EAST, WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 307 79 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF LOT 6, BLOCK 3, SOUTHRIDGE CENTER, RECORDED IN VOLUME 3, PAGE 51 PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 89 DEGREES 43 MINUTES 58 SECONDS WEST WITH THE NORTHLINE OF SAID BLOCK 3, A DISTANCE OF 497 59 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE NORTHWEST CORNER OF LOT 3, BLOCK 3, AND BEING ON THE EAST LINE OF LOT 2, OF SAID BLOCK 2, SOUTHRIDGE CENTER, THENCE NORTH 00 DEGREES 27 MINUTES 40 SECONDS WEST WITH THE EAST LINE OF SAID BLOCK 2, A DISTANCE OF 41987 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 4 086 ACRE OF LAND BLOCK 1, OF SOUTHRIDGE, AN ADDITION TO THE CITY OF DENTON, AS SHOWN BY THE PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 51 PLAT RECORDS, DENTON COUNTY, TFXAS SURVEYORS CERTIFICATE I, GARY W HAMMETT, DO HEREBY CERTIFY THAT A SURVEY WAS MADE ON THE GROUND THIS 18th DAY OF AUGUST, 2000 THE PROPERTY DESCRIBED HEREON AND THERE ARE NO (VISIBLE) ENCROACHMENTS, PROTRUSIONS, OVERLAPPING OF IMPROVEMENTS, EXCEPT AS SHOWN HEREON GARY W HAMMETT REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS NO 1849 24 111 ■ I' IN EXHIBIT B ' .I . !yI I fir, ~ ~ a la ~f~ f - I~, k [ [ k a / /Il d b~ a IM_j ifs', r ~ 1 ~ III L e [ [ r / it I QI~ `~P G ° G no v v ~ GY G I I t 4~~y0-o ° ~~'tlI 11 - I m ooa, ao, 7e ; A-Iqm 1 tl tltl Ik !I~' M \ 9Y 111.E . ° - ~ ~i °Illlll I pllllll6l ~ I I I, a1 IIIIIIIIIIIIIIIIIIII ~ ' I ~ j • Y a. 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Agenda Na _ U -j~ AGENDA INFORMATION SHEET Agenda Item Date- 7 AGENDA DATE: November 7, 2000 DEPARTMENT- Planning Department CM/DCNVACM: David Hill, 349-8314 SUBJECT -Z-00-017 (Preserve at Pecan Creek Section K) Hold a public hearing and consider adoption of an ordinance approving a Detailed Plan for the Preserve at Pecan Creek Amenity Center The 8 29 acre property is located on the east side of Lakeview Boulevard approximately 2500 feet northeast of the intersection of Lakeview Boulevard and Swisher Road and is in the Planned Development 132 (PD-132) zoning district A community amenities center is proposed The Planning and Zoning Commission recommended approval (7-0) with conditions BACKGROUND The applicant has requested approval of a Detailed Plan for this property The intent is to develop a community amenities center that would contain facilities such as a swimming pool, a playground, a cabana and open space The amenity center will serve the residents of the Preserve at Pecan Creek development It will be privately owned and maintained The proposed amenities center conforms with the approved Concept Plan for this area ➢ The subject property is located in the Planned Development 132 (PD-132) zoning district ➢ Because the current Concept Plan for PD-132 was approved after April 8, 1998, this development is not subject to the regulations and procedures of the Interim Development Regulations (Ordinance 2000-046) ➢ The subject property is located within a Neighborhood Centers are of The Denton Plan Staff finds the proposed development to be consistent with The Denton Plan as well as the approved Concept Plan for PD-132 ➢ One (1) property owner was notified of the zoning request (the applicant is the only property owner within city limits within 200' feet of the subject property) PRIOR ACTION/REVIEW The following is a chronology of Z-00-017, commonly known as Preserve at Pecan Creek Section K Application Date - July 26, 2000 DRC Date(s) - August 3, 2000 P&Z Date - September 27, 2000 ESTIMATED PROJECT SCHEDULE This property is not platted and would need to be platted prior to any development FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district P&Z RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this zoning request with the following condition 1 Lighting on the property shall be design and maintaied so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS I Planning and Zoning Commission Report, September 27, 2000, Z-00-017 2 Planning and Zoning Commission minutes from September 27, 2000 3 Draft Ordinance Respectfully submitted ih t Douglas Powell, AICP Director of Planning and Development Prepared by JT~rlyr" omas B 'ay Planner I Agenda No OO - C).;? co Agenda Item s PLANNING AND ZONING COMMISSION Date a -moo STAFF REPORT Sub ect The Preserve Section K Detailed Plan Case Number Z-00-017 Staff Thomas B Gray, Planner I Agenda Date Sept 27, 2000 P,IRPOSE;jii;KW#~''f Hold a public hearing and consider making a recommendation to the City Council concerning a Detailed Plan for Section K of the Preserve at Pecan Creek The property is located in the Planned Development 132 (PD-132) zoning district A community amenities center is proposed ' lu ' ITE }f n xt x~'~~P 00j M } \ ~ 7 F I ra I ~tv t . ~ I y, t,. - - City o ~ Y3. I s. a a` a^« i( l y , LL W LOCATION MAP Location East side of Lakeview Boulevard approximately 2500 feet northeast of the intersection of Lakewood Boulevard and Swisher Road Size. S 29 acres z 00 017 i JaNk Owner and Applicant. Mark Footlik The Preserve at Pecan Creek Partners, Ltd 4000 Windsor Drive Flower Mound, Texas 75028 ~ s The developer is requesting approval of a Detailed Plan for 8 29 acres of land located in the Planned Development 132 (PD-132) zoning district The applicant proposes to develop a community amenities center (see Enclosure 1) This conforms with the approved Concept Plan for PD-132, which designates this area (known as "Section W) for such use The area for Section K as shown on the Detailed Plan differs somewhat from the area for Section K as shown on the approved Concept Plan, specifically, the boundaries of Section M and Section K have been shifted However, the shifts are rather minor and do not affect overall density and land uses, therefore staff does not feel that an amendment to the Concept Plan is necessary Because the Concept Plan for PD-132 was approved after April 8, 1998, this development is not subject to the regulations and procedures of the interim development regulations for residential development (Ordinance 2000-046) A ~y tr ..L1F$IS (ua ' , r ,,K { fT, Air r. !n` -n a r_ A The Denton Plan The 1999-2020 Denton Comprehensive Plan places this property within a Neighborhood Centers area Neighborhood Centers are intended to be inward-oriented residential districts which focus on the center of the neighborhood These developments should locate the center of the neighborhood within a 5- to 10-minute walking distance from the edge of the neighborhood The center should contain uses necessary to support the surrounding neighborhood such as service-oriented retail or small professional offices Provision of open space, such as central neighborhood "greens" and floodplain preservation, is also encouraged in Neighborhood Centers Neighborhood Centers can also develop in conventional residential patterns Staff finds this proposed rezoning to be consistent with the Comprehensive Plan D 1. Transportation Transportation issues such as trip generation and road capacities were addressed at the Concept Plan stage The development as presented on this Detailed Plan is expected to generate a zoooil 2. maximum of 249 trips per day (8 29 acres x 30 vehicle trips per acre), it is, however, anticipated that much of the traffic to the site will be bicycle or by foot This development will have access to Lakeview Boulevard, which is currently being constructed Lakeview Boulevard is identified as a primary mayor arterial by the 1998 Denton Mobility Plan Adequate capacity to service this development is anticipated As a condition of the Concept Plan, a list of required transportation improvements was agreed to by the developer (see Enclosure 3) The developer will be required to provide the transportation improvements outlined in the list as development of PD-132 continues Sidewalks along all public streets are required Accessible routes to all building and facility entrances are required by Texas Accessibility Standards (TAS) 2 Utilities The developer will extend water and sanitary sewer lines to service this site 3 Drainage and Topography New development will be required to design and construct a drainage system to city standards A preliminary drainage study will be required with the submission of a preliminary plat The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property The developer must indicate the method by which the run- off will be carned across the property or stored on the property 4 Signs As per the sign ordinance 5 Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances This development provides 42 parking spaces, which complies with Code 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 7 Open Space and Recreational Areas This amenity center is designed to provide recreational facilities for the surrounding Preserve at Pecan Creek development It will be privately owned and maintained 8 Lighting Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky This requirement can be written into the ordinance as a condition of approval zoool7 3. 9 Environmental Quality Impacts None are anticipated s p PERTY A t0 y { Hpd 4 p 1r~~¢~ 4GG~~~ ~9Pi'4{J:1{s 1F y ~R~Nyfll November 17, 1998 - An amended Concept Plan for PD-132 was approved by Ordinance 98- 394 (see Enclosure 2) October 18, 1988 - City Council approved a Concept Plan for 414 9 acres, which included the subject property, which identified this property as Planned Development 132 (PD-132) The subject property is not platted and would need to be platted prior to any development k!!„~»-i N0 1 k` f nF ~ i i~K .x~i8r r~ . `~1 Notice of the zoning request was published in the Denton Record-Chronicle on Saturday, September 16, 2000 The applicant is the only property owner within city limits within 200' of this development and was mailed a legal notice No residents are currently located within city limits within 500' of this development (see Enclosure 4) As of this writing, there have been no responses No neighborhood meetings were held ~ M~~ ~ ( "kY 1~~ t8}n~vtA 1".16 Staff recommends approval of Z-00-017 with the following condition 1 Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb surrounding residential property orto shine and project upward to prevent the diffusion into the night sky a u err n t a> R I move to recommend approval of Z-00-017 with the following condition 1 Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky Z 00 017 4. AL:1C 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend denial 4 Postpone consideration 5 Table item agar 5 e 1 Detailed Plan (5 pages) 2 Approved Concept Plan (Ordinance 98-394) (6 pages) 3 Required Transportation Improvements for PD-132 (2 pages) 4 200'-500' Notification Map z 00 017 5. 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KN WL YDLI SN &Dl"=La D ...OHY TZ484 ENCLOSURE 2 ORDINANCE NO - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT, AS THE 427 616 ACRES DESCRIBED IN EXHIBIT " N' APPLY TO THE 414 9 ACRES OF LAND DESCRIBED IN ORDINANCE 89-101 AND ORDINANCE 88-166, PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXQvfUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 18,1988, by Ordinance 88-166, the City Council approved a change in zoning for 414.9 acres of land to Planned Development 132 (PD 132) Zoning District, as more particularly described therein, and WHEREAS, on August 15, 1989, by Ordinance 89-101, the City Council approved an amendment to the concept plan of Planned Development 132 (PD 132) zoning district and a detailed plan for 217 3 acres of land, as more particularly described therein, and WHEREAS, on March 11, 1998, Mathew Goodwin, on behalf of Marc Footlic, applied to amend the approved concept plan for Planned Development (132) zoning district and provide for a detailed plan for 138.992 acres therein; and WHEREAS, on September 9, 1998, the Planning and Zoning Commission unanimously recommended approval of the rezoning of 15.088 acres from an Agricultural (A) zoning district to Planned Development 132 (PD 132) and a concept plan for the expanded zoning district, and WHEREAS, on November 7, 1998, in the previous public hearing to this one, the City Council approved the rezoning of 15 088 acres from an Agricultural (A) zoning district to Planned Development 132 (PD 132) zoning district; and WHEREAS, the City Council finds that the proposed concept plan will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONI That Ordinance 88-166, providing approval for the rezoning of 414.9 acres to Planned Development 132 (PD 132) zoning district and the original concept plan for said district, and Ordinance 89-101, providing approval for an amendment to a portion of the original concept plan and for a detailed plan covering 184.2 acres within PD 132 zoning district, are amended by the approval of a new concept plan (The Preserve) attached hereto as Exhibit B and incorporated herein by reference, and more particularly described in the legal description for 427 616 acres of real property attached hereto and incorporated herein by reference as Exhibit A, subject to the following conditions- 11. .c~tatw~nsw,ato-nnmta~nv ox..a.ow. ~za.<~iaaw... c....n w.m. 1. Prior to the issuance of any building permits for lots on Tracts C, H, I J, K, L, M, O, and P, as identified on the concept plan, adequate transportation infrastructure in accordance with the approved Traffic Impact Analysis (TIA) shall be constructed 2 If a revision to the City of Denton's Long Range Thoroughfare Plan requires a change in the alignment of the spine road and the configuration of adjacent tracts, the maximum number of units/lots within each effected tract shall be allowed to increase or decrease accordingly, while the cumulative total for all effected tracts shall be no greater than originally permitted by the concept plan SECTION II That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 8$-166 and Ordinance 89-101 as they apply to the 427.616 acres of land described in Exhibit A, but all provisions of Ordinance 88-166 and Ordinance 89-101 as they apply to the remaining portion of PD 132 zoning district not herein amended, shall continue in full force and effect SECTION III That the City's official zoning map is amended to show the change in zoning district classification ,SECTION VI. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTIQN V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED Us the I7 - day of 1998 JAC . LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY -4 IJOJ2~ 12. - MLLOMOLI 7NA#WUTLOL Ow O .w ON1.u G14110r 4 0M[W APPROVED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY BY. 13. EXHIBIT B (PAGE4 OF 2) %J~~ CD % gq ® I A921 TIAL O , VKH '-R!~ IEN-1A4L- ~ R RESIDENTIAL ✓ RE IDE TIAL yy~~ M n P TAIL -Lncaintcn- _ n W..... RESIDENTIAL \p / RESIDENTIAL iA ~PAOG ID L i A al 101" ' ° FARKD o REEIDlNTIAL ' ® P IOTIAL ."'M....».°u-.-.....-- s _ 9 RESIDEN , .»n ~wn A ° T still -L.w [ n , qnu nr.n A ~ WI.n VInn MVM.n-nl/.Y ~I II ~ It I 1 11 l I9 CONCEPT PLAN I° Tt THE PRESERVE ~R 'ENTOK TEXAS I~ 14. If LAM VIf FVMARY 7RAU AMA L"p-wC DI1111LYL MAX x24" MOAMVM Rt11 w Vf*JYM M Mnry MA MM F.A71 IIAIc FQIM4TfY MTO 407 DVJM LOJ-"JM YAO/1LYAMO FIO7IARO RIARJAAD IToA;4 FLDO. or A 4413 INOL2 FAMLY OA LI OVIAC IRS f0 45 20 I t0 Lf MA MA 0 13.43 MOLL FAIRLY 10 21 DVIAC 31 100 to IO 1 t0 LO MA MA C 2000 MULT"A14LY 20 OUTAO 400 MA MA 2I 17 Sts to 20 HA MA 0 I1.40 INOLI►AMLY 10 44 DU/AC 101 too 91 to a to LI MA MA N 2110 INOWFAMY•70 4.3 DV/AC or 100 9/ 21 0 to it MA MA I 1421 IM0RI FAMLY•70 4A DVIAC 44 100 I/ 24 0 t0 Lf MA MA L IS t3 TD00MGMI 1.0 DU/AC 101 MA MA 20 17217 t0 Lf MA MA M 1775 SNOL2 FAMLY 40 I4 DVIAC 114 70 44 H 2D10/P IO LO MA MA M 20N INOti►AMLT 2.8 LI OVIAO 244 00 41 20 ■ Io LS MA MA 0 4412 IH44E FAULT-14 LI DWAC HI 100 40 le I 10 LI 11A MA 0 2120 ANOU! FAM LY•10 11 DVIAC II 100 10 20 0 t4 19 MA MA 0 1010 OUMICI ICIIOOL MA MA MA MA MA MA MA IM MA MA f 20.72 FR2IRRY2 MA MA MA MA MA MA W MA MA kA F 2142 MISERY{ MA IU KA MA MA MA MA MA MA MA IM 04M2AAL R2TA4 114 1LA MA MA 22 20 20 2 04 2700 M ttl/ COMMVNITY FACLITY MA MA MA MA 20 MA 10 f OA 131302 ' IAL 42791 flat 2214n r CONCEPT PLAN PRLStRV"E DENTON, TEXAS is. r EXHIBIT B (PAGE 2 OF 2) a " l*n 2 4 c I~ trnal Yt0elI1M ~ MWYtN 00T11M T YaeaY YT [OMW 9 .a r.....-.. a. p IA>] MM IYYt ~ 1 t~v .ii a to nn.u ur esM pr 1 § ~ •awY Y} yy}Y q ■ FY ~ YW.Y YT OOM p. 1141 4 N 1 p y ir srw C c ruse t~ °°'-°i:a i I d F I Im.a y I a i ~ o t , i~a a~YT.vn I. Tp+CY.PT PoTY pr ~Y. rYrv ut WM pr r 1~ S IlI} ! qi RESIDENTIAL LOT REQUIREMENTS THE PRESERVE I 1 ilf 1' DENTON. TEXAS ;S 16. ENCLOSURE s PPRO / RECOMMENDED The Preserve date Required Transportation Improvements 11/09/98 TRANSPORTATION IMPROVEMENT TRIGGERED BY 1 Signalization of Spine Road at 1-35 Frontage Road based Warrant Study on Warrant Study Approved by TxDOT shall begin with the Development of Tracts A, B, and G 2 Interim right turn lanes at Spine Road and 1-35 Service Development of Road (northbound and westbound) Tracts A, B, C. or G 3 Construct Spine Road from Shady Shores Road (Old US Development of 77) to northern boundary of Tract A as a two-lane 25-foot Tracts A or G back-to-back street section, 8-inch thick concrete or 10- Inch asphalt 4 Reconstruct Spine Road from 1-35 Frontage Road to Development of Shady Shores Road as a 4-lane divided street, 8-inch thick Tract C, or concrete or 10-inch asphalt. Development of A, B, and G 5 Construct Spine Road from the northern boundary of Tract Development of A to the creek bisecting Tract G as a two-lane 25-foot Tract G back-to-back street, 8-Inch thick concrete or 10-inch asphalt 6 Construct Spine Road from the creek bisecting Tract G to Development of Edwards Road as a two-lane 25 foot back-to-back street, Tracts D, J, K, L, 8-inch thick concrete or 10-inch thick asphalt M N, O or P 7 Construct Spine Road from Edwards Road to the northern Development of boundary of The Preserve as a two-lane 25 foot back-to- Tracts M, N, O, or back street 8-inch thick concrete or 10-inch thick asphalt P 8 Complete Spine Road as a 4-lane divided road (two 25- Completion of foot back-to-back sections with a minimum 14-foot wide Edwards Road median) from Shady Shores Road to Edwards Road, and Development 84nch concrete or 10-inch asphalt of Tracts H, I, and J 9 Disconnect Swisher Road to the north of Tract B Development of Tracts A B or G 10 Reconstruct Swisher Road from Shady Shores Road to Development of the northern boundary of Tract B as a two (2) lane rural Tract B road section, 6" thick Road width shall be 24' unless documentation shows substantial disruption or potential destruction of existing tree cover is likely to occur In this instance, an alternate road section to be no less than 20' wide shall be employed 17. II Widen and Improve Shady Shores Road to provide Development of separate left-turn lane at main entrance to Tract C and Tract C intersection of Old US 77 at Shady Shores Road providing a 36 foot wide, 6-Inch thick rural section road with transitions. 12 Widen and Improve Old US 77 for approximately 500 feet Development of in each direction from Spine Road 36 feet wide, 6-inch Tract C asphalt or concrete to provide left turn lanes with transitions 13 Right turn lane (eastbound) on Spine Road at Old US 77 Development of Tract C 14 Construct Edwards Road between Swisher Road and Development of Spine Road as a 36-foot back-to-back street, 6-inch thick Tracts D, L, M, N, asphalt or concrete, with no parking or direct driveway or O access 15 Remove Pockrus Page Road between Swisher Road and Earlier of Spine Road Construction of Edwards Road or, Development of Tract D 16 Construct access to Tracts H and I from Spine Road as a Development of 26-foot back-to-back, 6-inch thick Street, with no on-street Tracts H or I parking or direct access concrete or asphalt) 17 Signalize the Intersection of Spine Road and Shady Warrant Study Shores Road (Old US 77) when warrants are met shall begin with Development of Tract C 18 Construct additional two-lane 25 foot back-to-back street, Development of 8-Inch thick concrete or 10-inch thick asphalt from last Tract among Edwards Road to northern property boundary M.N. O, or P Notes A minimum of 80 feet of right of way will be dedicated for Spine Road with an additional 10-foot right of way reserved on each side for future acquisition and widening An additional 10 foot right of way (120 feet ultimately) will be reserved for a distance of 250 feet each side of the following 3 Intersections to accommodate future turn lanes 1 Spine Road and Shady Shores Road 2 Spine Road and the road to Tracts H and 1 3 Spine Road and Edwards Road These Transportation Improvements are based on development of The Preserve which assumes a generally south-to-north phasing pattern Should the development pattern shift due to external Influences, the list of required Traffic improvements shall be revised accordingly Definition of Tract Development - Platting of any portion of the specified tract 18. ENCLOSURE 4 NORTH Z-00-017 (The Preserve Section K) ~ p y icatiop~ ~1 • r y d 10 q~ ~ ~ ~p v yy,, 1t ~1it856a t ETJ IT J fILy a~ SItad31 Limit of 00' a m" 200'- 500' NOTICE MAP Agenda Date. September 27, 2000 19 CondenseIt"m Pagc 3 1 PROCEEDINGS 1 comments? 2 MR MCNEILL Good evening I would like to 2 MS HUDSON I in merely here to answer any 3 open the September 27th 2000 Denton Planning and Zoning 3 other questions that you have 4 Commission meeting Seeing that we have a quorum, we will 4 MR MCNEILL commissioners, any quesmons9 5 proceed with the Agenda The first item on our Agenda is i5 Okay Thank you Is there anyone else present who would 6 to consider approval of the minutes of the August 23rd, 6 like to speak in favor of this motion? Anyone else who 7 2000 meeting 7 would like to speak in favor of this motion? Anyone like 8 MR RISHEL so moved 8 to speak in opposition? Hearing none, we'll close the 9 MS APPLE second 9 public hearing And, Commissioners what is your 10 MR MCNEILL it's been moved and seconded 10 pleasure? I 1 that we approve the minutes Are there any additions, I I MR RISHEL I d like to make a motion I d 12 corrections to the minutes? Seeing none would you vote 12 like to move the approval of the final plat of the replat 13 please Motion passes 6 0 13 of Lot 5 and 6 of Block 9 of the Lakeview Ranch Addition 14 The next item on our Agenda is the Consent 14 being a replat of the Lots 5 and 6 Block 9 of the 15 Agenda Do I hear any discussion on the Consent Agenda? 15 Lakeview Ranch Addition 16 MS APPLE I move to approve the Consent 16 MS APPLE second 17 Agenda 17 MR MCNEILL It's been moved and seconded 18 MR RISHEL second 18 Any discussion? Please vote Motion passes 6 0 19 MR MCNEILL It's been moved and seconded 19 And we're still in the public hearing mode and 20 that we approve the Consent Agenda Is there any 20 the next item is a public hearing on a zoning Item 5 21 discussion? Any discussion? Let's vote, please Motion 21 And that's to be brought by - the report is to be brought 22 passes 6 0 22 by Mr Gray 23 The next item on our Agenda is a public 23 MR GRAY Good evening This is Item 5 of 24 hearing for a replat Tlms is Item 4, to hold a public 24 the Agenda this evening, to hold a public hearing and 25 hearing The rules and consideration for public hearing 25 consider making a recommendation to City Council Page 2 Page 4 1 have been posted outside the door so we will proceed to 1 concerning a detailed plan for Section K of The Preserve 2 operate under those rules And I believe our staff report 2 at Pecan Creek Here is a site map showing Section K 3 is going to be brought by Ms Hudson 3 TIHs is The Preserve at Pecan Creek PD It's a Planned 4 MS HUDSON Thank you, ladies and gentlemen 4 Development, PD 132 The concept plan for The Preserve 5 of the Commission This case is fairly simple It has 5 specifies that an amenity a community amenity center be 6 already been platted once before The main intent of this 6 located at this location and this is simply the approval 7 plat at this time is to add a temporary access easement s0 7 Of the detailed plan for this amenity center 8 that Blagg can be connected on both sides of Lakeview 8 There should be you should have a full size 9 Ranch Boulevard until such time as the rest of the 9 copy of this drawing but the amenity center is located 10 property around here develops That is the only purpose 10 here along Lakeview Boulevard It s located adjacent to 11 at this time to have the final replat And I will turn 11 Section M of The Preserve which, as you may remember, was 12 this over to the applicant if he has any questions and I 12 considered by this Board last month The amenity center 13 will be available after that to answer any other questions 13 will include open space It will include a playground 14 that you have 14 swimming pool, and other community recreational 15 MR MCNEILL is there anybody here present or 15 facilities And I will be happy to answer any questions 16 the applicant that would like to make a comment on this9 16 MR MCNEILL commissioners, any questions for 17 Yes or no? 17 staff? Thank you Is the applicant present and would 18 MR SOSBE I am present My nine is Tony 18 like to make any comments? 19 Sosbe with Huitt-Zollars, the engineering surveying firm 19 MR HOPKINS Yes, sir My name is Dan 20 representing the applicant I'm here to receive any 20 Hopkins I'm development manager at The Preserve at Pecan 21 questions 21 Creek 4000 West Windsor Flower Mound It's a pretty 22 MR MCNEILL Commissioners, are there any 22 basic amenity center project for this size project We 23 questions for the applicant? Thank you very much 23 have one thing I'd like to point out, and I know you're 24 MR SOSBE Thank you 24 wanting to get along the existing I call it a pond 25 MR MCNEILL Staff, do you have some 25 it's really a stock tank, we're going to turn it into a PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 1 - Page 4 CondenseIt` x Page 5 Page 7 1 pond a nice feature We incorporated thus feature Into 1 MR MCNEILL Commissioner Williams, do you 2 the amenity center We have found over the years that - 2 have a question? 3 in fact, a group study several years ago indicated that 3 MR WILLIAMS Yes On page 3 in my backup 4 one of the features that the public liked the most when 4 No 7 the last sentence states that it will be privately 5 they were looking for a place to live was amenities and 5 owned and maintained? 6 was a trail system 6 MR HOPKINS Yes sir 7 And what we've done here is incorporate our 7 MR W ILLIAMS I d kind of like to know who 8 trail system, which we're going to be taking through the 8 the private people are Is it going to be a neighborhood 9 preserve area into the amenity center project so people 9 group or is it going to be a developer? 10 will be able to leave their neighborhood, individual 10 MR HOPKINS Yes, sir We have actually 11 neighborhoods go through die preserve area, and come back 1 I established a homeowner's association It's a mandatory 12 into this And it will have a playground them It will 12 homeowner's association Everyone within The Preserve has 13 have a pool It will have a building that will have a 13 to be a part of it Collectively, they will own the 14 party room and a community-type of facility So we've 14 facility and they Will manage it and maintain it We hale 15 tried to incorporate all this and make it a central 15 a turd party management company that will manage the pool 16 feature and a very highly visible feature along the 16 and the landscaping and the maintenance of it 17 boulevard so people driving up the boulevard would be able 17 MR WILLIAMS Thank you 18 to see it And so I think it will be a tremendous asset 18 MR HOPKINS Yes, sir 19 to the community 19 MR MCNEILL other questions? Thank you very 20 MR MCNEILL Before we ask for any question 20 much 21 or comment, yeah, we'd like to get along but we don't want 21 MR HOPKINS Thank you 22 to rush the proceedings so that - in such a manner that 22 MR MCNEILL Is there anyone else in the 23 people don't have the opportunity to make input So we 23 audience who would like to speak either for or against 24 appreciate your input 24 this project? Anyone else like to speak for or against 25 MR HOPKINS okay One thing I'd like to do 25 the project? Anyone else? Hearing none, we'll close the Page 6 Page 8 1 then if we want to be a little bit more expansive is the I public hearing on this Item and have any final closing 2 this is the elevations that we have developed for the 2 remarks by staff 3 facility As you can see, as we're working off of a - 3 MR GRAY staff recommends approval 4 instead of a pitched composition roof we have gone with a 4 MR MCNEILL okay Commissioners, any 5 more of a higher quality masonry roof We've given it 5 questions for staff? Thank you Commissioners 6 some stone along the front to match the stone that we've 6 discussion, motion? 7 already incorporated I would invite you out to The 7 MS APPLE 111 make a motion to approve 8 Preserve now to kind of take a drive through and see what 8 Agenda Item No 5 with the conditions as recommended by 9 we've done All the models are already up for the 9 staff 10 builders The Infrastructure is aheady in The 10 MR RISHEL second I I screening wall and landscaping features are in 11 MR MCNEILL it's been moved and seconded 12 Landscaping is probably two weeks away from being 12 that we approve Agenda Item 5 dealing with The Preserve 13 finished And it really, really is a very good looking 13 Any discussion? Any discussion? Seeing none let's vote 14 project, Of course, we did it so I'm going to say that 14 Motion passes 7-0 15 But I think it very much is a feature is a project 15 Agenda Item 7 - excuse me, Agenda Item 6 is 16 everyone can be proud of I'll be happy to answer any 16 also dealing with the - I'm sorry Agenda Item 6 is 17 questions anyone has 17 dealing with the Denton Housing Authonty's request to 18 MR MCNEILL Commissioners, do you have any 18 change the zoning plan So I believe Ms Hudson has this 19 questions for the applicant? Okay Thank you I believe 19 report 20 we do have one 20 MS HUDSON Thank you, ladies and gentlemen 21 MR HOPKINS I d like to give Larry these 21 of the Commission The request is fairly simple The 22 brochures Anyone who would be interested, there's the 22 Denton Housing Authority is proposing to take the two 23 full site plan on this brochure for your reference But 23 small lots night here that are currently zoned 24 these are what we're sending out to all the communities 24 Single-Family residential and turn them into an 25 now 25 administrative office for their use They are also PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 5 - Page 8 AGENDA INFORMATION SHEET Agenda No O - Agenda Date ll AGENDA DATE: November 7, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - ZP-00-011 (Prominence Square) Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan, commonly known as 3200 E University from an Agriculture (A), General Retail (GR), and Single Family (SF-10) zoning districts to a Planned Development (PD) zoning district The 111 acre property is generally located at the southeast comer of Loop 288 and East University A mixed-use development that includes Single Family, Retail, Parkland, and Light Industrial uses is proposed The Planning and Zoning Commission recommended approval (6-0) with conditions BACKGROUND The applicant is requesting approval of a Zoning Plan/Concept Plan for a Planned Development zoning district classification for this 111 acre property The applicant is proposing a mixed-use development that contains approximately 35 acres of single family residential - detached at 3 63 units per acre, 10 acres of single family residential - attached at 12 units per acre, 48 acres of office/retail uses, 4 acres of light industrial uses, and over 20 acres of public parkland The uses are divided into 5 different areas Areas C and D combine 45 acres of residential uses, 35 acres of retail/office uses and over 20 acres in public parks, while the 4 acres of industrial uses in Area E and the 13 acres of office/retail uses in Areas A and B are separated from any residential use by the park ➢ The subject property is located in an Agriculture (A) zoning district created in January 14, 1969 by Ordinance 69-01, and located in the General Retail (GR) zoning district and the Single Family (SF-10) zoning district created in July 27, 1971 by Ordinance 71-35 and Ordinance 71-36 Additional General Retail (GR) zoning district was placed on the property on October 15, 1987 by Ordinance 87-155 ➢ The Denton Plan shows this area to be in an Employment Center, Environmentally Sensitive Area, and a new Neighborhood Center (see Enclosure 2) Employment Centers provide a variety of work places, including light manufacturing uses, corporate facilities, offices, and institutions Employment centers are also intended to accommodate secondary use that are complementary, such as hotels, restaurants, and convenience shopping Environmentally Sensitive Areas are to be preserved and protected from developmental impacts Neighborhood Centers allow a mixture of housing types and service oriented uses Some examples of service oriented uses are small grocery stores, hair salon, dry cleaner, or small professional offices The uses described in the Zoning Plan are consistent with the Denton Plan ➢ Twenty-one (21) property owners were notified of the zoning request Two (2) responses have been received in favor of the request, and four (4) responses have been received that are neutral to the request PRIOR ACTION/REVIEW The following is a chronology of ZP-00-011, commonly known as Prominence Square Application Date - June 28, 2000 DRC Date - July 6, 2000 P&Z Date - October 11, 2000 ESTIMATED PROJECT SCHEDULE A Project Plan is required as the next step in the zoning process After the Project Plan has been submitted and approved, a Preliminary Plat and a Final Plat must be submitted for approval FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term public improvements that are the responsibility of the city P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this zoning request with the following conditions 1 This project shall incorporate by reference elements and standards of the September 151h, 2000 Draft Denton Development Code 2 Areas C and D shall conform to the provisions for Neighborhood Centers land uses, limitations, and general regulations Commercial uses proposed in the development shall conform to the NCMU regulations contained within the Commercial Land Use chart 3 The applicant shall strike from this Zoning Plan the 100,000 square foot of floor area reference from the plan notes for Areas C and D 4 The details of the street sections shall be removed from the Zoning Plan and will be deferred to the specifics addressed in the Project Plan 5 The location of Prominence Parkway may shift from that indicated on the Zoning Plan, based upon negotiations with the Texas Department of Transportation, and the exact location and access will be deferred to the specifics addressed in the Project Plan OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zoning Commission Report, October 11, 2000, ZP-00-011 2 Revised Recommendation to Planning and Zoning Commission Report, October 11, 2000, ZP-00-011 3 Additional Responses from Property Owners 4 September 15s', 2000 edition of the Draft Denton Development Code 5 Planning and Zoning Commission minutes from October 11, 2000 6 Draft Ordinance Respectfully submitted 5 . o%tt l Douglas S Powell, AICP Director of Planning and Development Prepared by o yj ` v Beth Hudson Planner I ATTACHMENT 1 ~._OR~ ~ Agenda No Agenda Item PLANNING AND ZONING COMMISSION Deco•~-••• STAFF REPORT Sub ect Prominence Square Case Number ZP-00-011 Staff: Beth Hudson, Planner I Agenda Date October 11, 2000 Hold a public (nearing and consider making a recommendation to the City Council concerning the Zoning Plan of 112 acres from an Agriculture, General Retail, and Single Family (A, GR, and SF- 10) zoning districts zoning district to a Planned Development (PD) zoning district A mixed use development that includes Single Family, Retail, and Light Industrial uses is proposed o~ FFM F ETJ Av GG D ETJ SITE ITTTiffl[Ln ETJ rrn-rrrrrt~ LOCATION MAP Location, Southeast corner of E University and Loop 288 Size 112 acres 1. a Applicant Henry Rife Owner Junction 288 Partnership Rife Custom Builders, Inc Tevis Taylor 2248 Stonegate 5523 Preston Fairways Drive Denton, Texas 76205 Dallas, Texas 75252-4962 Edward Downs 10050 Great Hills Trail, #1234 Austin, Texas 78759-5847 Frances Kluck 9277 E Nassau Avenue Denver, Colorado 80237-1920 = t , The applicant is requesting approval of a Zoning Plan/Concept Plan for a Planned Development zoning district classification for this 112 acre property The applicant is proposing a mixed-use development that contains approximately 35 acres of single family residential - detached, 10 acres of single family residential - attached, 48 acres of office/retail uses, 4 acres of light industrial uses, and over 20 acres of public parkland (see Enclosure 1) The uses are divided into 5 different areas Areas C and D combine 45 acres of residential uses, 35 acres of retail/office uses and over 20 acres in public parks, while the 4 acres of industrial uses in Area E and the 13 acres of office/retail uses in Areas A and B are separated from any residential use by the park MWININIMMINUMM11111 1999 - 20201 Comprehensive Plan Analysis The Denton Plan shows this area to be in an Employment Center, Environmentally Sensitive Area, and a new Neighborhood Center (see Enclosure 2) Employment Centers provide a variety of work places, including light manufacturing uses, corporate facilities, offices, and institutions Employment centers are also intended to accommodate secondary use that are complementary, such as hotels, restaurants, and convenience shopping Environmentally Sensitive Areas are to be preserved and protected from developmental impacts Neighborhood Centers allow a mixture of housing types and service oriented uses Some examples of service oriented uses are small grocery stores, hair salon, dry cleaner, or small professional offices The uses described in the Zoning Plan are consistent with the Denton Plan 2 i ~ lfl 1 Transportation A Trip generation The proposed development would generate approximately 22,729 trips per day (see Table 1) A Traffic Impact Analysis (TIA) has been submitted and will be utilized to determine the required road improvements necessary to mitigate the increased traffic generated from this developement Table 1 Proposed Land Use Trip Generation Land Use Average Trip Average Density Acres Estimated Lots Total Trip Generation* or S Ft Generation Single-Family (SF-10) 9 55 trips/du/day 3 0 du/ac 35 125 lots 1,194 TownHomes 5 86 trips/du/day 12 du/ac 10 120 lots 703 Office/Government 15 trips/1,000 sq ft 23,334 sq ft lac 16 5,600 General Retail 41 trips/1,000 sq ft 10,834 sq ft /ac 32 14,214 Industrial 6 trips/1,000 sq ft 17,424 sq ft lac 4 418 Parks 30 trips/ac N/A 20 600 * Calculations provided by the Institute of Transportation Engineers, 1991 B Access This project has access to E University, Loop 288, Mayhill Road, and Audra Lane (to be relocated and renamed Prominence Parkway) C Road Capacity With the proposed improvements identified in the Traffic Impact Analysis, the adjacent road system will adequately handle the increased traffic resulting from the proposed development D Pedestrian Linkages Sidewalks along all public streets are required 2 Utilities This site has access to existing water and sanitary sewer lines 3 Drainage and Topography New development is required to design and construct a drainage system to city standards A preliminary drainage study was submitted with the Zoning Plan/Concept Plan The preliminary drainage analysis indicates that proposed drainage improvements will adequately handle, and in some instances improve, the increased drainage The study includes calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property The developer indicated the method by which the run-off will be carried across the property or stored on the property 3. 4 Signs To be proposed in the future Detailed Plan 5 Off-Street Parking All new development must meet the ordinance requirements for off-street parking 6. Landscaping This property will have to comply with the new Landscape Code, which requires 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) The Zoning Plan/Concept Plan indicates that a minimum of 19 6% of the property will be dedicated as public open space 7 Open Space and Recreational Areas This residential development will be required to participate in the development of public recreational areas Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees Dedication requirements are required during the platting process Park development fees are required prior to the issuance of budding permits 8 Lighting Commercial uses are proposed to meet the lighting standard While residential uses are exempt from the lighting standard, this Zoning Plan proposes to have all residential uses meet the same standard as commercial uses 9 Environmental Quality Impacts No adverse environmental impacts are anticipated January 14, 1969 - The Agriculture (A) zoning district and land use classification was placed on the property by Ordinance 69-01 (see Enclosure 3) July 27, 19711- The General Retail (GR) zoning district and land use classification was placed on the property by Ordinance 71-35 Single Family (SF-10) zoning district and land use classification was placed on the property by Ordinance 71-36 October 15, 1987 - Additional General Retail (GR) zoning district and land use classification was placed on the property by Ordinance 87-155 The subject property is not platted and would need to be platted prior to any development 4. Notice of the zoning request was published in the Denton Record-Chronicle on September 30, 2000 Twenty-one property owners within two hundred feet were mailed legal notices, and 63 residents within five hundred feet were sent courtesy notices informing them of the request (see Enclosure 4) As of this writing, there have been 2 responses in favor and 2 responses neutral to the request (see Enclosure 5) One neighborhood meeting was held on August 18, 2000 Issues raised at the neighborhood meeting included bufferyards, screening fences, and minimum lot sizes along southern property line The applicant has modified the plan to incorporate these requests (See Staff Analysis also) The applicant has combined the existing zoning and the land uses proposed in the Comprehensive Plan to design the layout of this project The applicant has voluntarily restricted the land uses on all areas to exclude all auto related uses and sexually oriented businesses Another voluntary restriction is the buffering between uses, which is two to three times the required buffering between uses in the current zoning ordinance Also, the single family uses in Area D contain a bufferyard and a minimum 6' masonry wall to protect the residential uses to the south Neither the current landscaping code nor the proposed unified development code contains provisions for buffering between single family residential uses The project has a number of design requirements that implement the draft Unified Development Code For example, the attached single family garages are to be placed so that vlewsheds to the park are not impeded As noted previously, all residential uses for this site are proposed to meet the same lighting requirements as the commercial uses, which is not a requirement in the current or proposed codes Although less than 50% of the surrounding residential units are primarily masonry, the Zoning Plan requires all structures to be primarily masonry, with the commercial structures having a minimum of 75% masonry exteriors At least 6 design elements are specifically noted for each residential area, and each individual home is required to have a higher standard of architectural design The parking area around Area B is proposed to contain terraced parking lots to keep the area in a more natural state The density of the attached housing is 12 units per acre (see Enclosure 6) While the density is slightly higher than the density increases allowed under the Interim Regulations, staff believes the additional density is mitigated by the high design requirements for this area and is off-set by the lower density of detached housing in Area D Any detached housing placed in Area C will also reduce the density of this area The density for the detached housing in Area D is 3 6 units per acre, which is less than the 4 2 units per acre allowed under the Interim Regulations 5. The Zoning Plan for Prominence Square is consistent with many goals of the Comprehensive Plan One of the goals is a diversification of land uses throughout the site, which will allow future residents easy access to goods and services while reducing traffic Another goal is protection of the low density, residential uses on the site's periphery The residential uses in the Zoning Plan are protected by buffering and the large park The project is consistent with the Comprehensive Plan by protecting most of the trees in the 20 acre park and correcting existing drainage problems on the north-wostern branches Also, the budding design standards addresses the community appearance in a comprehensive manner and will diversify the built environment This proposal meets and exceeds the minimum standards required by a Zoning Plan ' + 6 r a ffliffillffiffilffiffiffiffimi Staff recommends approval of ZP-00-011 with the following conditions 1 Individual commercial buildings in Areas C and D shall not exceed the area standards of the Denton Plan, without a Comprehensive Plan Amendment 2 The residential structures shall be more than 50% masonry + I move to recommend approval of ZP-00-011 with the following conditions 1 Indiwd~al commercial buildings in Areas C and D shall not exceed the area standards of the Denton Plan, without a Comprehensive Plan Amendment 2 The residential structures shall be more than 50% masonry 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend denial 4 Postpone consideration 5 Table item 1 Zoning Plan 2 Future Land Use Map 3 Zoning Map 4 200'-500' Notification Map 5 Property Owner Responses (4) 6 Density Increase Calculations 6. Z \SEN ac s w n grian Or e~ ENCLOSURE 1 b, ppp _qq '1 ~ Yx i ~ ~~J4~ f 1 E qq! I F I ~ i fR BaF j~ ~ F ~ Ta ~ 1 t l , II ~ III F ' \ , ~ I I I t::~ t 1' I 1 I II I ` ell ~ .n' dstF y 1 AhwD,uwwV ~I \I li V ➢14~ ~,.-/~~r I I ~I -r I ~ Is ~ y L;, ri, 57 t"I 1 (J I / III , 1, l\ Ilp v 1 ~ I I~ - vI ~vrl 1~ A ~ ~ _ y V 1 L 1 I lib"~ ti l to utweMnucmeaum I I ~ ~ f I ,I wt wouwar !N.I ..ely-~ =8f ZMINGww 3ervt ors s Prominence Square r TR8--,, 7. gert of n s_ xsnnnrt 8 DIMONWUNrvi ,yoi .sue Z\SEN a or s wg, - on g an, uU/2U/2uvU uU bb 4t (oil yt ~~IP}ttrt$; ttt~~ ~(~#ttttfypya ri j flit fit I ETl p e•d g a !j`~(F}'F }tt[f~ a 9(ll> `•9t t~ i~r •t t =ti}1` tPt tlli D~~{r Yttp ~g t ~~iJ ti}A9~9 et irk it e f}tttt[} III i r Bill} tll; t_ ~ I}i} J'~~ #~~ft~ { ~I t I tai l II~~i it J ( ( rl ttPt lit! 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ENCLOSURE3 ZP-00.011 (Prominence Square) NORTH -%I A , I A i~41 .~"C~~1~0-]~= ~'UN~RSITY C CI ~TI i 1 zae A 1 A ETJ PD - ; SITE _ 13LP,gc - - AUDRA El A ' PUDRA _ F PD IC ' SUE SF-10 - ZONING MAP 11 Scale None ENCLOSURE 4 ZP-00-011 (Prominence Square) NORTH zaa ~ - 111---__ _ EfJ J ETJ Limit f 200' N tlf - N tiff anon Limit f 500' r ETJ ~}g[j Notiflcation rr7 l rI rl n I 200'- 500' NOTICE MAP 200' Legal Notices sent via Certified Mad 21 500' Courtesy Notices sent vial s` Class Mad 63 Number of responses to 200' Legal Notice • Opposed 0 • In Favor 2 • Neutral 2 Percent of land within 200' in opposition 12 Scale None 10/01/^_000 11:51 9729001951 ENCLOSURE 5 PAGE 01 NOTICE OF PUBLIC HEARIN& zp-o"11 The Planning and Zoning Commission of the C* of Denton will hold a public hearing on Wednesday October 11, 2000. to consider recommending approval to City Council the Zoning Plan, commonly known as 32001E University, In the Agriculture, General Retail, and Single Family (A. GR, and SF-10) zoning districts The 112 acre property is located at the southeast comer of Highway 380 and Loop 288 A mixed use development that Includes Single Family. Retail, and Light Industrial uses is proposed The public hearing will start at 6 00 p m, in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within 200 feet of the subject property, the Planning sod Zoning Commission would like to hear how you reel about this zoning change request and invites you to attend the public hearing Please, In order for your opinion to be taken into account, return this form wittt your comments prior to the date of the pubhcYeartng jTA S'rir ltd way i5ftlbits you from attending and participating In the public hearing ) You may fax It to the number located at the bottom, mail it to the address below, or drop d oil in-parson. Planning and Development Department 221 N. Elm St Denton, Texas 70201 Attn: Beth Hudson, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission Is Informed of the percent of responses in support and in opposition Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may, then appeal the request to the City Council If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the city Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposldon. Please circle one n favor of request Neutral to request Opmetl tQ Mum - Common ~~'rr1h«AT~ /s Oir CpCn/et a~ T".v ht4/c4 /liyha.~yr T/rc ~teo1~~97 .r~ov(('P*'~6ry Signature I Printed Name fL M,Y= 2-srr P" R r ficx s Malling Address -4 s- z, 3 City. State Zip- ),ar 1„~a~ Telephone Number. -r1-Z1.~- o 2 ~o Physical Address of Property within 200 feet Vw c e e e~ Y CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940 348 8350 - (17 940.349 7707 13. NOTICE OF PUBLIC HEARING ZP-00.011 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 11, 2000, to consider recommending approval to City Council the Zoning Plan, commonly known as 3200 E University, in the Agriculture, General Retail, and Single Family (A, GR, and SF-10) zoning districts The 112 acre property is located at the southeast corner of Highway 380 and Loop 288 A mixed use development that includes Single Family, Retail, and Light Industrial uses is proposed The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within 200 feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, in order for your opinion to betaken into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mail it to the address below, or drop It off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn• Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission Is Informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one =ofrequest Neutral to request Opposed to request Comments. Signature Printed Name 19-A& St Mailing Address Z Z 4 2 - f~ 3 1~'o nPn ccJ e ail City, State Zip 4~i a7rJ0 ?w, n'ri` Telephone Number Fw=0 _ 3 8 7 Physical Address of Property within 200 feet k- CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 78201 940 349 8350 • (F) 940 349 7707 Filename 14 NOTICE OF PUBLIC HEARING V-00.011 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 11, 2000, to consider recommending approval to City Council the Zoning Plan, commonly known as 3200 E University, In the Agriculture, General Retail, and Single Family (A, GR, and SF-10) zoning districts The 112 acre property is located at the southeast corner of Highway 380 and Loop 288 A mixed use development that Includes Single Family, Retail, and Light Industrial uses is proposed The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within 200 feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating In the public hearing ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person Planning and Development Department 221 N Elm St. Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of this notice The first public hearing Is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request C-l eutrai to request Opposed to request Comments- Signature C lam/ t7rX (~rs~T Printed Name Gr J a Mailing Address (rte 6sf 5C>4 q'-( City, State Zip OL r rn r~ mzs 7~ a26 Telephone Number ~ a o- 3 B,_q g- 8 Physical Address of Property within 200 feet S " C-Ap\'-~ 0 ~ h OR q f o~~ z g~ CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 78201 • 940 349 8350 (F) 940 349 7707 Rename 15. NOTICE OF PUBLIC HEARING ZP-00-011 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 11, 2000, to consider recommending approval to City Council the Zoning Plan, commonly known as 3200 E University, in the Agriculture, General Retail, and Single Family (A, GR, and SF-10) zoning districts The 112 acre property is located at the southeast corner of Highway 380 and Loop 288 A mixed use development that Includes Single Family, Retail, and Light Industrial uses is proposed The public hearing will start at 6 00 p m In the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within 200 feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, in order for your opinion to betaken into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is Informed of the percent of responses in support and in opposition Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council if owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request Comments TAtst o U,3 r t toa ~ind i ~n w~ S us wL ~wru ~Y✓ti w~%~ cw..tA.aS2,dt, '1'~'~ nx~ t~ sA~QT~trn...o2",nce~e~s- C1.u-•o.v+~8., , Ccu,~, M4xt~tiax.~o~,.nx~ M•`~''~- ~n~~~y,c,n° _`~'~n-c.- O Signature L,~ G Aa , on ~a- Printed Name an o \ a \°7 ax o w Mailing Address -1q j3 ]W oln Y"e) City, State Zip, n't¢> -i;N ~a z~ 0-0 ~ - \9 v A Telephone Number C9 ~a~ ga iasT At,, Physical Address of Property within 200 feet 44 1,y„ , Oho o'er W CITY OF DENTON, TEXAS CITY HALL EST - DENTON, TEXAS 76201 940 349 8350 - (F) 940 349 7707 Filename 16. Enclosure 6 City of Denton Department of Planning and Development Density Calculation Worksheet Project Name Prominence Square - detached housing Date September 29, 2000 Base Density 3 0 units per acre x 35 acres = 105 units ESA transfers proportionate share of the 20 acre park (78% of 20 acres / 2 x 3 units/acre) = 21 9% increase = 23 4 units Open space 112 acres needed to achieve maximum density increase of 10% 20 acres provided (good for 10% density increase) 3 0 units per acre + 10% increase = 10 5 units Design features proposed Roadway Connectivity Variety of Lot Sizes Hike and Bike Trails Street Trees Traffic calming Fences Landscaped Area or Art Density increase of 0 1 units per acre is awarded for every three design features proposed 35 acres x 0 2 units per acre = 7 units TOTAL=146 units/35 acres = 4 2 units per acre Density as currently proposed 125 units / 35 acres = 3 6 units/acre 17 Enclosure 6 City of Denton Department of Planning and Development Density Calculation Worksheet Project Name Prominence Square - attached housing Date September 29, 2000 Base Density 8 0 units per acre x 10 acres= 80 units ESA transfers proportionate share of the 20 acre park (22% of 20 acres / 2 x 8 units/acre) = 22 5% increase = 18 units Open space 11 2 acres needed to achieve maximum density increase of 10% 20 acres provided (good for 10% density increase) 8 0 units per acre + 10% increase = 8 units Design features proposed Street Trees Common Parking Areas Traffic calming Fences Landscaped Features Transit Facilities Density increase of 0 1 units per acre is awarded for every three design features proposed 10 acres x 0 2 units per acre = 2 units TOTAL=108 units/10 acres= 10 8 units per acre Density as currently proposed 124 units / 10 acres = 12 units/acre 18 ATTACHMENT 2 RECOMMENDATION - REVISED Prominence Square 10-11-00 Staff recommends approval of ZP-00-011 with the following conditions 1 This protect shall incorporate by reference elements and standards of the September 15`h, 2000 Draft Denton Development Code 2 Areas C and D shall conform to the provisions for Neighborhood Centers land uses, limitations and general regulations Commercial land uses proposed in the development shall conform to the NCMU regulations contained within the Commercial Land Use chart 3 The applicant shall strike from this Zoning Plan the 100,000 square foot of floor area reference from the plan notes for Areas C and D 4 The details of the street sections shall be removed from the Zoning Plan and will be deferred to the specifics addressed in the Protect Plan 5 The location of Prominence Parkway may shift from that indicated on the Zoning Plan based upon negotiations with TXDOT and the exact location and access will be deferred to the specifics addressed in the Protect Plan MOTION r I move to recommend approval of ZP-00-011 with the following conditions 1 This protect shall incorporate by reference elements and standards of the September 15`h, 2000 Draft Denton Development Code 2 Areas C and D shall conform to the provisions for Neighborhood Centers land uses, limitations and general regulations Commercial land uses proposed in the development shall conform to the NCMU regulations contained within the Commercial Land Use chart 3 The applicant shall strike from this Zoning Plan the 100,000 square foot of floor area reference from the plan notes for Areas C and D 4 The details of the street sections shall be removed from the Zoning Plan and will be deferred to the specifics addressed in the Protect Plan 5 The location of Prominence Parkway may shift from that indicated on the Zoning Plan based upon negotiations with TXDOT and the exact location and access will be deferred to the specifics addressed in the Protect Plan ALTERNATIL MESn', u ~Is~ d 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend denial 4 Postpone consideration 5 Table Item ENCLOSURES 1 Zoning Plan 2 Future Land Use Map 3 Zoning Map 4 200'-500' Notification Map 5 Property Owner Responses (4) 6 Density Increase Calculations 19. ATTACHMENT 3 NOTICE OF PUBLIC HEARING ZP-00-011 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 11, 2000, to consider recommending approval to City Council the Zoning Plan, commonly known as 3200 E University, in the Agriculture, General Retail, and Single Family (A, GR, and SF-10) zoning districts The 112 acre property Is located at the southeast corner of Highway 380 and Loop 288 A mixed use development that includes Single Family, Retail, and Light Industrial uses is proposed The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within 200 feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and In opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request Comments J&--r ,Z-" Signature Printed Name A& /VZ,E fEe f C_') Mailing Address City, State Zip Telephone Number Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940 349 8350 • (F) 940 349 7707 Filename 20 NOTICE OF PUBLIC HEARING ZP-00-011 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 11, 2000, to consider recommending approval to City Council the Zoning Plan, commonly known as 3200 E University, in the Agriculture, General Retail, and Single Family (A, GR, and SF-10) zoning districts The 112 acre property is located at the southeast corner of Highway 380 and Loop 288 A mixed use development that includes Single Family, Retail, and Light Industrial uses is proposed The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within 200 feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request Comments it(orrce Ooet W/M .voi RPOV!!JC ,E,vo~~~a /NPoe/Y/H~`ia..r d.W ro /fRSP fT ORCitivr~ FoR oR 1arrHi/vsl' , Ive /N~oR~e3rio/y Oil 1-0e1171oN OF Oi`GCepi✓ ppupuSA/> JSCs or?-- Signature Z Printed Name P16i e T 4(124_ ~ 7!f Ig Mailing Address ? ~I (D 4GC✓YNi' 11191V-e City, State Zip 0- iy7v T"v~ 7~20~ Telephone Number 9S<o ~G~C6 O~o9 0 Physical Address of Property within 200 feet //~tG fiiY2 L?{'~ 'rovrhl d'ioef o,v ,P'e2"Ip wed r'"A%ae - CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940 349 8350 • (F) 940 349 7707 Rename 21 i ATTACHMENT 4 Draft • Development Code i Sections. 3553 1 Purpose 35 5 3 2 Permitted Uses 35 5 3 3 General Regulations 35 5 3 4 Ownership Reuired 35 5 3 5 Open Space 35536 Design Standards 35.5.3.1 Purpose. The purpose of a Neighborhood Center is to focus on the heart of the neigh- borhood and to encourage a mix of uses including a variety of residential and commercial to support the surrounding neighborhood Land Uses within Neighborhood Centers may include (NCR-2) 31 Neighborhood Center Residential 21 ,a (NCR-4) Neighborhood Center Residential 4 C (NCR-6) Neighborhood Center Residential 6 (NCR-15) Neighborhood Center Residential 15 (NCMU) Neighborhood Center Mixed Use ® 35 5.3.2 Permitted Uses. Q The following uses are permitted within Neighborhood Centers. Residential Land Use Categories NCR-2 NCR-4 NCR-6 NCR-15 NCMU Agriculture SUP N N N N Livestock N N N N N Single Family Dwellings P P P P N G Accessory Dwelling Units L(1) z L(I) L(1) P N Attached Single Family Dwellings L(4) L(4)3 L(4) P P • Dwellings Above Businesses N N N P P M Live/Work Units N N L(I 6) P P Duplexes N N N P N Community Homes for the P P P P P a Disabled Group Home N N N SUP SUP u Multi-Family Dwellings N N N P L(30) Manufactured Housing N' N SUP N N H Developments Sub-Chapter 35 5 3 Development Code Text - Page 22. Draft Denton Development Code a~ n Commercial Land Use Categories NCR-2 NCR-4 NCR-6 NCR-15 NCMU Home Occupation P P P P P Sale of Products Grown On-Site N N N N N Hostels N N N N P Hotels N N N N P' Motels N N N N N Bed and Breakfast N N N L(I 0) P Retail Sales and Service N N N L(14) L(13) N Theaters Less than 1 000 Seats N N N N L(14) Restaurant or Private Club N N N N L(I 3) Dnve-through Facility N N N N N V Professional Services and Offices N N N L(13) L(13) Quick Vehicle Servicing N N N N N ® Vehicle Repair N N N N N •Sa Auto and RV Sales N N N N N 0 Laundry Facilities N N N N P X Equestrian Facilities P N N N N ~01 Commercial Outdoor Recreation P P P SUPz SUP Indoor Recreation N N N N P M Mayor Event Entertainment N N N N N ' Commercial Parking Lots N N N N N w Administrative or Research N N N N L(14) Facilities Broadcasting or Produbon Studio N N N N L(I 4) Sexually Oriented Businesses N N N N N 0. Temporary Uses SUP SUP SUP SUP SUP u H Sub-Chapter 35 5 3 Development Code Text - Page 2 3. / Draft Denton Development Code k Industrial Land Use Categories NCR-2 NCR-4 NCR-6 NCR-15 NCMU Printing / Publishing N N N N N Bakeries N N N N L)21) Bottling Plants N N N N L)21) Manufacture of Non-oderiferous N N N N N Foods Feed Lots N N N N N Food Processing N N N N N Light Manufacturing N N N N N L Heavy Manufacturing N N N N N ~j Wholesale Sales N N N N N Wholesale Nurseries N N N N N V Distribution Center N N N N N ® Outdoor Storage N N N N N ® Wholesale Storage and 1C Distribution N N N N N 6 Self-service Storage N N N N N Construction Materials Sales N N N N N Junk Yards and Auto Wrecking N N N N N Kennels L) 14) N N N N M Veterinary Clinics N N N N L) 14) ' Sanitary Landfills Commercial w Incinerators Transfer Stations N N N N N M L C. .S u H Sub-Chapter 35 5 3 Development Code Text - Page 24* Draft • Development Code Institutional Land Use Categones NCR-2 NCR 4 NCR R-6 NCR-15 NCMU Basic Utilities P P P P P i Community Service N N N P P Parks and Open Space P P P P P Churches P P P P P Semi-public Halls Clubs and SUP SUP SUP SUP P Lodges Business / Trade School N N N N L(14) Adult and Child Day Care SUP SUP SUP P P y Kindergarten Elementary School SUP SUP SUP P P L 4w Middle School N N N N P High School N N N N N u Colleges N N N N SUP ® Hospital N N N N N S Nursing Homes' N N SUP SUP N Is Medical Centers N N N N P Cemetanes N N N N N Mortuaries N N N N N ~m Z M Legend P Permitted outright L(x) Permitted, but limited as defined by the chapter on limitations Lfl SUP Special use permit required M N Prohibited use L Q. V .Q H 25 Sub-Chapter 35 5 3 Development Code Text -Page Draft Denton Development Code ,I ,T 35.5.2.3 General Regulations. General regulations of the Neighborhood Centers are contained in the table below General Regulations NCR-2 NCR-4 NCR-6 NCR-15 NCMU Minimum lot area square feet) 12 000 8 000 6 000 3 500 2 500 Minimum lot width 80 feet 60 feet 50 feet 30 feet 20 feet Minimum lot depth 100 feet 80 feet 80 feet 80 feet 50 feet Minimum front yard setback 20 feet 20 feet 15 feet 10 feet None y Maximum front yard setback 30 feet 30 feet 20 feet 15 feet 10 feet L Minimum side yard for 6 feet 6 feet 6 feet 6 feet 6 feet C unattached buildings Minimum side yard 10 feet 10 feet 10 feet 10 feet None adjacent to a street ® 10 feet 10 feet, 10 feet 10 feet 0 plus I plus I plus I plus I L„ foot for foot for foot for foot for L each each each each ® Minimum rear yard foot of foot of foot of foot of None building budding building building sa height height height height above above above above 20 feet 20 feet 20 feet 20 feet Z The following limits apply to subdivision of more than 2 acres in lieu of minl- M mum lot size and dimension requirements General Regulations NCR-2 NCR-4 NCR-6 NCR-15 NCMU LA 25 4 6 15 40 Maximum density dwelling dwelling dwelling dwelling dwelling units per units per units per units per units per acre acre acre acre acre Minimum budding separation for non 20 feet 12 feet 12 feet ZO feet 12 feet g -attached buildings H Sub-Chapter 35 5 3 Development Code Text - Page 26 Draft • Development • The following limits apply to all buildings t General Regulations NCR-2 NCR-4 NCR-6 NCR-15 NCMU Maximum lot coverage 30% 40% 50% 60% 80% Minimum landscaped area 70% 60% 50% 40% 20% Maximum building height 40 feet 40 feet 40 feet 40 feet 65 feet 35.5.3.4 Ownership required, All units developed in NCR-2, NCR-4, and NCR-6 shall be designed for individual ownership of each unit Iy i. 35 Ope Space. All developments which contain 10 units or more shall be required to provide a minimum of 5% of the total lot area in Open Space V 35 53.6 Design Standards. j $ All residential developments in the NCR-6, NCR-15 and NCR-30 districts shall A comply with the standards for residential developments in a pedestrian area in ® Sub-Chapter 12 Any developments in the NCR-2 or NCR-4 zone that contain lots of less than 15 000 square feet shall comply with the standards of Sub- Chapter 12 Any mixed-use or non-residential developments in the NCR-15 or NCR-30 zone snall comply with the standards for non-residential buildings in a = pedestrian area contained in Sub-Chapter 12 z 6 M L 4a C. ti .~i V IA 27 Sub-Chapter 35 5 3 Development Code Text -Page Draft Denton Development Code F Upon approval of a Special District Overlay, a map of the district boundaries shall be incorporated into the Zoning Maps of City of Denton The following define the limitations to zoning uses when the zoning matrix I identify a use as permitted, but limited i L(I) m Accessory residential units are permitted, subject to the following addi- tional criteria i I The proposal must conform with the overall maximum lot L7 coverage and setback requirements of the underlying zone H 2 The maximum number of dwelling units shall not exceed I per lot 64 3 The maximum gross habitable floor area (GHFA) of the acces- sory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq C ft GHFA ® 4 Additional parking snall be in conformance with the off-street N parking provisions for single-family dwellings of this Chapter iL 0 L(2) m Duplex on corner lots, provided that no two such uses shall be contigu- y ous, except that this provision shall not apply to any area which has been developed or is part of an existing subdivision or established ® platted neighborhood at the time of enactment of this Chapter Such I® structures shall be subject to provisions of the Site Review Chapter L(3) ° Up to 2 units may be attached by a common wall if part of a subdivision r of 2 acres or more, the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision the individual common j wall units are on separate lots designed to be sold individually, and they •J comply with the design standards of (Site Design Section) Additionally, units must have the appearance of a single family residence from the street 6P1 L(4) ° Up to 4 units may be attached by a common wall if part of a subdivision of 2 acres or more, the lots which contain the attached structures do fM1 not abut the perimeter lots I nes of a subdivision, the individual com- mon wall units are on separate lots designed to be sold individually, j and they comply with the design standards of Section 9 7 6 a L(5) - Limited to four (4) units and subject to site design standards L(6) ° Permitted only on 2nd story and above when an office, retail, or other permitted commercial use is in the ground floor U L(7) - Manufactured homes on individual lots are permitted, subject to the Y following criteria L4 I The portion of the lot on which the manufactured home is to Sub-Chapter 35 5 9 Development Code Text - Page 28 Draft • Development Code I I be located shall not exceed a slope of 10% prior to excavation or fill on the parcel I 2 The manufactured home shall be multi-sectional, no less than j 24 feet in width, and have a minimum enclosed floor area of I 1,000 sq ft 3 The manufactured home shall have a roof pitch of a minimum of 14 degrees (3 feet in height for each 12 feet in width) 4 The manufactured home shall have no metal siding or roofing and shall have wood, wood-product or vinyl siding and com- position roofing or approved equivalent Vf I 5 The manufactured home shall be placed on an excavated and back-filled foundation and fully enclosed 6 The foundation area of the manufactured home shall be fully skirted with masonry IM C L(8) ° Travelers' accommodations, are permitted, provided that 0 1 1 That all residences used for travelers accommodation be business-owner occupied The business-owner shall be re- h, quired to reside on the property occupied by the accommoda- 0 tion, and occupancy shall be determined as the travelers' accommodation location being the primary residence of the H I owner during operation of the accommodation "Business- owner" shall be defined as a person or persons who own the Ina property and accommodation outright or who have entered into a lease agreement with the property owner(s) allowing for .d.~ the operation of the accommodation Such lease agreement to specifically state that the property owner is not involved in the 1e day to day operation or financial management of the accom- ml modation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has C't actual ownership of the business ki 2 That each accommodation unit shall have I off-street parking space, and the owners shall have 2 parking spaces All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter 3 That only one ground or wall sign constructed of a non-plastic a material, non-interior illuminated of 6 sq ft maximum size be low allowed Any exterior illumination of signage shall be installed g such that it does not directly illuminate any residential structures adjacent or nearby the travelers accommodation 4 That the number of accommodation units allowed shall be proportional to the permitted density of the zone Each H traveler's accommodation unit shall be counted as 0 6 units for Sub-Chapter 35 5 9 Development Code Text - Page 2 9 Draft • Development Code the purpose of calculating the permitted number of traveler's accommodations 5 All traveler's accommodations shall be within 200 feet of an arterial Street designations shall be as determined by the City of Denton Comprehensive Plan Distances shall be measured via public street or alley access to the site from the arterial 6 Excluding the business-owner's unit and the area of the struc- ture it will occupy, there must be at least 400 sq ft of gross interior floor space remaining per unit 7 Traveler's accommodations are limited to no more than 8 guest In units a) L(9) ° All restrictions of L(8) but limited to no more than 15 guest units L(10) -All restrictions of L(8), Limited to no more than 5 guest units L(I 1) ° Limited to sit down only no take-out service and no drive up service S permitted Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area ® L(I 2) ° Maximum of fifty (50) seats N L(I 3) - Uses are limited to no more than 55 000 square feet of gross floor area perlot L(I 4) o Uses are limited to no more than 10 000 square feet of gross floor area L(I 5) m Uses are limited to no more than 5,000 square feet of gross floor area C per lot Ann L(16) ° Uses are limited to no more than 1,500 square feet of gross floor area per lot L(17) ° Permitted with applicable design standards E L(I 8) = Must adhere to the open soace requirements of Chapter 34 Subdivi- sion Regulations WJ L(19) - Only structures in which 50% of ground floor is designated for retail or office use Surface parking prohibited L(20) - Permitted with outdoor storage of autos prohibited Lfl L(21) m Bakery and bottling areas not to exceed 2 500 square feet Sales on premises of products produced required in this zone fM1 L(22) - Light manufacturing of products sold on site permitted, area of manu- L facture not to exceed 10 000 square feet 0) L(23) ° Light manufacturing of products sold on site permitted area of manu- a facture not to exceed 5 000 square feet a L(24) ° Light manufacturing of products sold on site permitted area of manu- facture not to exceed 1,500 square feet L(25) ° If proposed use is within 200 feet of a residential zone, approval is subject to a Special Use Permit L(26) - Uses are limited to no more than 2,500 square feet of gross floor area H per lot Sub-Chapter 35 5 9 Development Code Text - Page 3 0. Draft • Development Code P L(27) - Structural limits apply L(28)- Use allowed as part of consolidated parking plan L(29) - Permitted within 1,320 feet of a freeway interchange as measured from the centerline of the freeway L(30) - Permitted only in conjunction with office or retail uses equal to at least 15% of the floor space of the residential use L (31) - Minimum Lot Area I Minimum lot area for 1 unit shall be 4000 sq ft with a mini- mum width of 40 and minimum depth of 80 2 Minimum lot area for 2 units shall be 7,000 sq ft with a mini- mum width of 50 and a minimum depth of 80' N 3 Developments of 3 units or greater shall have minimum lot area 1A in excess of 9000 sq ft and shall be calculated according to L(29) Permitted within 1,320 feet of a freeway interchange, as IM measured from the the centerline of the freeway C L(32) - Not allowed to locate adjacent to an arterial, within 1,000 feet of BE another Sexually Oriented Business within 1,000 feet of a daycare or ® school, and, 1,000 feet of any residential use N 1111 0 Li C O son E NJ ch LA M L CL Mq i V 3 H Sub-Chapter 35 5 9 Development Code Text - Page 31. ATTACHMENT 5 • Page 19 1 centered on our property and doesn t spill over into I Ms A LE second 2 neighborhood 2 MR M Eat. A motion been made and 3 MR MCNEILL commissioners, other qu ns° 3 seconded An t ussion? Are ready to vote Votc 4 I ha one comment then question, reassuran rom ) on 4 please mot] sses unammo 5 0 5 Severn f the telephone calls I had con e 5 The next Item on our Agenda is Item 8 is 6 drainage d I think you had similar qu ns And I 6 hold a public hearing concerning a zoning plan commonly 7 lust want record to show that the mg you ve 7 known as 3200 East University It's currently 8 presented d ddress this issue wi ngmeering 8 Agriculture And I believe we have a staff report 9 studies, and you ay want to co nt on that aspect of the 9 MS HUDSON Thank you, ladles and gentlena.n 10 drainage problem 10 of the Conunission The site plan or the zoning plan that 11 MR FYKRS are c ntly we have done a 11 you have before you tonight is for Prominence Squan, it 12 drainage study or are in ocess of doing a drainage 12 is approximately 112 acres at die southeast corner of Loop 13 study And as you can we've put flow arrows on the 13 288 and Cast University The zoning plan as they havc 14 drawing depicting wh a ter would flow to All of 14 presented to you tonight is almost exactly what the Future 15 the drainage in this of Sou Idge is above ground 15 Land Use Plan calls for in your Comprehensive Plan Thcy 16 There are no storn wers in the er section of 16 have areas of employment center which can be Light 17 Southridge water flow w Id intend to do would 17 Industrial, over here on the northeast corner They hank, 18 be come dowi olly Hill Lane and the corner or go 18 areas of Retail and Office here and here And then an,at 19 down and to the storm sewer systei at s farther 19 that are called Neighborhood Centers in the area hen, 20 down H ill or return back out to the a ass road 20 And this is reflected on page 7 of your backup 21 ne of the things that we're studym an 21 What they are proposing is four acres of Light 22 alt Ive is to put a catch basin in this corner d 22 Industrial here, a total of 48 acres of General Retail and 23 ntially carry the water across our property 23 Office to be located here here and throughout the areas 24 derground down to the spillway that's on I-35 at 24 on C and D that face presumably the Loop although the 25 access road We haven't done a full engineering vie f 25 zoning plan is not specific and they would be able to have Page 18 Page 20 1 that, whether we can get the elevations and the flow and 1 pockets of Office or Retail in the middle of this in 2 verytlung that we need there But that is an alte alive 2 addition they are proposing 35 acres of Single Family 3 a is point in time We've also looked at the as 3 detached housing in Areas C and D, ten acres of attached 4 for tention so that we can slow the water fl down 4 housing which will be townhouses in Area D and a 20 acre 5 Then 're also benning these areas over h so that the 5 linear park that will go through the site 6 water n't leave the property 6 We have received two responses in favor and 7 EICHHART Drainage will be 7 three responses neutral to it One of them was received 8 addressed they plat the property 8 after the time of the staff report printing which was 9 MR M EILL Right Conn stoners thank 9 handed to you On the staff analysis of this we bell w 10 you very much ther c Inments a motion9 10 that with the voluntary restrictions that he has placed on 11 MR RISHE Ill try a on 11 the property in the land uses, as well as the high design 12 MR MCNEILL 11 n 12 standards that the property has shown, which are on page 8 13 MR RISHEL I recommend the approval 13 or also on the full size sheet of yours, that they meet 14 of Z-00-019 with the fo ing conditions that the 14 the intent of the Comprehensive Plan and that it typically 15 submitted site plan a l es and conditions listed 15 for exceeds what we see on zoning plans and that staff is 16 thereon shall be in orated he requirements and 16 recommending approval 17 conditions of the eifie use pe it, lighting shall be 17 At this time I will let the petition s 18 designed and i tamed as to not ne on or disturb 18 applicant Allen Bussell come and speak And I will be 19 surroundin idential property or t me and project 19 available for any other questions 20 upward t vent diffusion into the n t sky, parking 20 MR MCNEILL DO you have any questions of 21 lot ligh shall be allowed only betty 00 am and 21 staff before we hear from the applicant? Anybody9 Okay 22 9 00 „ the parking lot lighting shall pr de a motion 22 Very good Is the applicant or the applicant's 23 de r lighting system, a six-foot I thin '11 leave 23 representative present? 24 o 5 Excuse me 24 MR BUSSELL My name is Allen Bussell I 25 MR MCNEILL All right 25 work at Surveyors and Engineers of North Texas, 1621 PLANNING AND ZONING OCTOBER 11, 2000 32 Page 17 - Page 20 . CondenseIt"" Page 21 Page 23 1 Amanda Court, Ponder I in representing Henry Rife on this I MR HOLLAND I in L T Holland I live and 2 project I'm excited This is probably the most fun 2 own property on the south side of the proposed 3 project I've done I got to use the Comp Plan I got to 3 development I've been down here so many tires 1 think 4 use some of the draft, the new Development Code to lay 4 you've all heard my story so I'm not going to bore you 5 this out, to get the land uses in there to put the lots 5 with it again We spent a lot of time with Mr Rife on 6 in to put the streets in It was just a lot of fun We 6 his proposed use of this property He's been very 7 worked extensively with the City staff on this We worked 7 considerate of our concerns and we've our position has 8 with Julies Smith of BSA ae worked with Bob Tickner in 8 already been we want to protect the value of our 9 Parks We worked with Engineering We worked with 9 properties without hindering the development by the City 10 Planning, of course to lay this out 10 or anybody else We area t being negative just to be 11 Bedi went through this really well and went 1 I negative 12 through all the uses in the area so I won't bore you with 12 I want to continent on the procedure used to (to 13 that I did want to say we worked with the neighbors Mr 13 this I get a piece of I get a notice in the paper 14 Holland and his neighbors to the south and I had I 14 that doesn't have any of the information that was just 15 wanted to show this so that he would know what he got and 15 furnished you It just says that they're going to change 16 what we're proposing are the same things 16 it from what it is to what they propose it to be I think 17 This is the preliminary lot layout and, 17 this is unfair to the people in adjoining property They 18 basically, I do this so that I see what kind of yield we 18 should be given more detail so that we can make a 19 can get on this and see what kind of layout for the area 19 recommendation that is more meaningful to you We sent in 20 and to see how the topo lies and what the houses are going 20 continents saying neutral because we didn't have enough 21 to look like on the land And of course I put this 21 mfoi"hahon to continent And I want to change that just a 22 together also so that I could show the neighbors down here 22 bit based on our discussion and working with Mr Rife 1 23 what we were doing and ehat we were proposing 23 think he's a man of integrity and honest and he s told us 24 These lots here are all over 10 000 square 24 how he proposes to use the property adjoining us And if 25 feet per their request We're also putting in you can 25 this comes through and the next step of the procedure Page 22 Page 24 1 see in the zoning plan that we'll have a masonry fence all 1 as I understand it, then we'll be on the plus side for 2 along this wall here along with landscaping We wanted 2 sure If it doesn't or if it's changed for some reason 3 to connect those existing homes to this large park and to 3 we'd like to reserve the right to again express our 4 the mixed uses down here the Retail and the Office so 4 opinion on what we think is best for us 5 that they could walk back and forth without having to go 5 We went through this many times As a matter 6 on 288 or getting in their car And so we put a walkway 6 of fact here's what we agreed with W Rife on and we 7 through here and you can see in the zoning plan that we 7 copied it down He has copies of what we agreed to we 8 also proposed a gate there with a lock that can be 8 have copies so that there would be no misunderstanding 9 controlled by the southern property owners, if they desire 9 And some of the layout up there, as I was talking to Mr 10 to have that And that's optional up to them whetter 10 Rife back there, some of the layout there is different 11 they want that or not, but that's what we're proposing I 1 than we agreed on on size of some of the lots But he 12 And the rest of the lots are ranging anywhere 12 assures me those will be put back as we had agreed to 1 13 from I believe 6,800 to oher 7 000 I don't recall the 13 suppose what I want to say is this is a modified 14 exact numbers on that But the under 7 000 square foot 14 endorsement of what they want to do consistent on it being 15 lots there will have alley access and the ones over 7,000 15 done the way we've discussed it with the developer 16 do not have to have that se the less pavement, the 16 MR MCVBILL very good Commissioners do 17 better Any questions at all for me? 17 you have any questions for Mr Holland9 Commissioner 18 MR MCNBILL Any questions for the applicant? 18 Williams 19 Thank you very much This is a public hearing and so we 19 MR WILLIAMS Yes I have a problem with 20 have the opportunity to bear from anyone else in the 20 vagueness You said some of the things Could you be a 21 audience Is there anyone in the audience who would like 21 little bit more specific so I can understand exactly what 22 to speak to this issue? If there are others, would you 22 you're saying? 23 please move down, come forward If there are others, 23 MR HOLLAND Yes sir These lots right here 24 would you please move down to the front so you'll be ready 24 are different on the plat shown by the gentleman a moment 25 to speak when the first speaker is through 25 ago than this This is the agreement that we had shows PLANNING AND ZONING OCTOBER 11, 2000 33 Page 21 - Page 24 Condenseltn" Page 25 Page 27 1 these lots, 10,000 foot minimum of all those lots I told you is exactly true There's none of that that s 2 adjoining my property and the Smeltzer's property down 2 not We sat down with Mr Holland and Ralph and Mi 3 there and those directly across from it We felt this 3 Snteltzer the neighbors there Went through a variety of 4 would make a neighborhood of houses of similar size and 4 things that they wanted which would have to be addiessuf 5 similar cost and similar lot size And we found no 5 after it was platted and we go to the actual plan But 6 disagreement with Mr Rife on this He agreed that this 6 everything he told you, numbers and everything is what uL 7 made sense But the part you just saw makes these 7 agreed to do and I told him I had no problem with doing 8 where there's six lots over here that I believe there are 8 that We both knew that there would probably be some 9 eight That's the primary change that this fails to 9 refining of the subdivision when we got to that platting 10 address and I don't intend to object to it It's still 10 process with the City But in terms of what he's talk mg 11 a high density development there that's going to cause a I 1 about lots landscaping connectivity of the gates 12 lot of traffic There's severe traffic problems in that 12 everything was things that I had talked about with hum and 13 area But I feel that you-all are in better position to 13 was more than happy to do for bun and told him I d do it 14 try to protect the City's interest in this respect than I 14 at that point And he would have the time to come back at 15 am But it is a factor and one that we've used in our 15 that point and see that plat and be able to see that it 16 discussions before 16 was all done the way he wanted it done 17 But this is the main difference These lots 17 But everything he told you is exactly what we 18 are all marked 10,000 foot lots The houses are to be 18 agreed upon the masonry fence The extra landscaping ho 19 2,500 feet or bigger on these lots And then he had an 19 wants it's not shown at this point in time for soniL 20 allocation of houses that were to be at least the rest 20 buffering and some various things So everything hL said 21 of them w ould be 1,800 feet or bigger and there would be 21 is exactly what we agreed upon and there's nothing thLrL 22 30 lots that could be between 1,500 and 1,800 feet These 22 that's not the truth And if there s any other questions 23 were our understandings 23 I'd be happy to answer anything that you could ask of im 24 MR MCNEILL 3o that were 1,800 square feet? 24 MR MCNEILL Commissioner Apple 25 MR HOLLAND 30 that were between 1,500 and 25 MS APPLE Could you address his comment that Page 26 Page 28 1 1 800 And except for these 10 000 here, these 25, the I on the plan that y'all discussed, there were six hots and 2 rest of them were to exceed 1,800 feet 2 on the plan 3 MR MCNEILL okay Thank you Thank you 3 MR RIFE I would call it architectural 4 Commissioners other questions? Thank you very much 4 license What we did is he turned two of the lots 5 UR HOLLAND I didn't at the beginning thank 5 sideways on the side that we're facing three in on each 6 you for hearing me again I have a deepest respect for 6 side and it will go exactly that way because what we had 7 your patience and your dedication to City duty Thank 7 agreed upon is that he wanted to have the 10 000 square 8 you 8 foot lots on his property and for the road across the 9 MR MCNEILL Thank you very much Mr 9 block across facing there so we could put the larger hones 10 Reichliart 10 there to protect their property values I I MR REICHHART I just wanted to address the 1 I MS APPLE so the lot square footage stayed 12 notification issue Either with the courtesy notice or 12 the same It's just - 13 the legal notice that we send out, we do, basically, just 13 MR RIFE H will stay exactly the same as he 14 say what the change is proposed from zoning district to 14 sees They were making a pretty picture to show you guys 15 zoning district I don't think we'd have the ability to 15 and they turned two of them sideways It should havL 16 put in the long definition or maps and everything and 16 stayed three facing the other way and that's all that 17 every notice that we send out explaining the proposal and 17 happened 18 that's why we ask put down our phone numbers and ask 18 MS APPLE Thank you 19 folks to come in or call or contact us with any questions 19 MR MCNEILL commissioner Williams 20 But we do that for every case Every case is treated 20 MR WILLIAMS Yes On page 3 under proposed 21 exactly the same 21 land use trip it says on here land use, Single Family 22 MR MCNEILL Please state your name and 22 sF to and I don't see any SF i s here So am I confused 23 address 23 some kind of way? In other words, they've got one thing 24 MR RIFE I in Henry Rife I live at 2248 24 written and I'm presented something else? 25 Stonegate and I am the developer Everything Mr Holland 25 MR MCNEILL You're talking about the backup PLANNING AND ZONING OCTOBER 11, 2000 34 Page 25 - Page 28 CondenseIt' Page 29 Page 31 1 material we havev I MR MCNEILL And I guess I have a 2 MR WILLIAMS Yes So that's confusing me 2 philosophical question Why did we do that? 3 MR MCNEILL I think staff will have to 3 MS HUDSON Because we're in the period of 4 answer that 4 time where we're trying to bridge what is in our interim 5 MR HUDSON The calculations, whether it's 5 regs and what is going to be in our Unified Development 6 Single-Faintly at 7,000 square feet or at 10,000 square 6 Code The applicant is trying to do more of what s m the 7 feet, still use the same number of trips per day And the 7 Unified Development Code and so we're trying to provide a 8 number of lots was pulled off of the backup provided by 8 bridge between what we have now and what we're going to 9 Mr Rife And so the number of dwelling units doesn't 9 The standards in the Unified Development Code arc 10 make a difference on this case The size of the number of 10 typically higher than we have now 11 lots the number of lots is the primary considering 11 MR MCNEILL And the applicant has agreed to 12 factor for that information 12 abide by the new draft this portion of the draft 13 MR WILLIAMS okay While I'm here, down at 13 Development Code9 14 the bottom on page 11, down at the very bottom of the 14 MS HUDSON Yes sir he has 15 drawing on page I1 on the zoning map, I see SF lo's, and 15 MR MCNEILL Because it s my understanding 16 on this I see SF Ts Okay Okay Thank you 16 that we're somewhere up in the spring of next yeat belon. 17 MS HUDSON Certainly 17 that Code is going to be formally adopted 18 MR WILLIAMS Yeah, I have no questions 18 MS HUDSON That Is true 19 MR MCNEILL okay Commissioner Apple 19 MR MCNEILL That's kind of a target date 20 MS APPLE Yes This question is for MS 20 MS HUDSON That's why we're asking that 21 Hudson 21 tonight for the next several months until the Unified 22 MS HUDSON Yes, ma'am 22 Development Code gets adopted that these condrttom 23 MS APPLE In our backup under the 23 MR MCNEILL Excuse me for interrupting So 24 recommended conditions, it mentions the residential 24 from a Lgal standpoint, what we're saying is in effect 25 structure shall be more than 50 percent masonry 25 these become the same as if the Commission had put Page 30 Page 32 1 Ms HUDSON Yes ma'am 1 particular conditions on the approval of this? 2 MS APPLE And I noticed in the revised 2 MS HUDSON That is correct 3 recommendation that's not addressed Could you Just 3 MR MCNEILL These become 4 explain to me what happened? 4 Conmussion generated conditions at this point since this 5 MS HUDSON Yes, ma'am 5 is not a legal document that we're using? 6 MS APPLE Thanks 6 MS HUDSON That's correct 7 MS HUDSON in the proposed draft that will 7 MR MCNEILL very good Thank you 8 be made part of the conditions of this I hope that all of 8 MR REICHHART The only thing that I just 9 you got the revised conditions We had to revise them 9 wanted to point out that this is a zoning plan under the 10 after the staff report was written I apologize for that 10 interim regulations which does take the place of a concept I I The standards that they are being held to are exactly the 11 plan in a PD and that we will be seeing detailed plans of 12 same They have to be what they call primarily masonry, 12 project plans back at a later date that will address 13 which to us means more than 50 percent So the codes that 13 these And you're right we could have changed the name 14 are attached still carry the same conditions as the codes 14 instead of the draft Development Code we could have dust 15 that were - the conditions that were in your backup 15 said you know, the proposed design elements attached 16 MS APPLE Thank you for explaining that 16 But that's where they came from 17 MS HUDSON Yes ma'am 17 MR MCNEILL Sure I understand I just 18 MR MCNEILL t was shuffling around - excuse 18 think that's given the amount of discussion that s 19 me Other questions from the Commission because I have a 19 going on in the City over this new Development Code we 20 question for the staff Okay I guess I have a concern 20 ought to clarify what we're doing here is my only point in 21 here so what we're recommending is that we incorporate 21 raising that issue with you I don't have a problem with 22 a draft Development Code into this Is that what this - 22 it, particularly, if both parties are agreeing to it 23 MS HUDSON A portion of the draft 23 MS HUDSON certainly Are there any other 24 Development Code and only the portion of it that is 24 questions? 25 attached at this time of this specific version 25 MR MCNEILL commissioners? Thank you very PLANNING AND ZONING OCTOBER 11, 2000 Page 29 - Page 32 35. CondenseItrs' Page 33 Pa 15 1 much Is there anyone else who would like to speak to 1 MR MCNEILL conmussioner Holt 2 this issue? Anyone else in the audience? Because we're 2 MS HOLT Mr Sahnon I just want to ask a 3 still under a public hearing Seeing none, I will close 3 question drove out and looked at this the other y 4 the public hearing and ask the Commission if there is 4 and I'm th ew kid on the block so I have a h bit of 5 additional discussion or a motion 5 a learning cu here Has anyone ever fig out the 6 MS APPLE 1'll move to approve ZP oo of l 6 trips per day of t whole area of Hicko reek and dl 7 with the revised recommended conditions by staff 7 of those I was ju blown away when saw that And 1 8 MR MCNEILL Is there a second? 8 thought we're just ad another lay and then I read 9 MR RISHEL second 9 down it's going to be at st ten is before TeaslL} 10 MR MCNEILL It's been moved and seconded 10 anything is done on Teasl A , I mean, it looks like 11 that we approve this Agenda item with the indicated staff I 1 that maybe some of those p are just going to bL 12 revisions Any discusston9 Vote, please Motion passes 12 sitting there for ten years inn o get out of their 13 6-0 Thank you very much 13 area 14 in 9 is we're still operating under the 14 MR SALMON ctually that' good question g We're going [o have a report Prot s 15 Several months ego e - the Ciry un ook a very Im gL 16 Huease proceed 16 study called the T sley Lane Corridor S y and this is a 17 H ON Thank you, lathe gentlemen 17 map or an exc t from that study that sho the IS pubXwe 18 of tssto The zoning p at you see before 18 different pro lies and what they were zon nd lungs the seco one, i Lexington Park 19 of that na e 19 you 20 Soudirectly be a preliminary plat that you 20 -veryth ng in this area surrounded by t I 21 havcently fo xi ton Park The site is 21 heav ark line was taken into account in that Tea 22 herthe ddle of a Neighborhood Center, 22 L Corridor Study The study basically describe i c 23 as pour future Land Plan It does have an 23 isting conditions of the road And then making som 24 envally sensitive area going Ugh it The 24 elopment assumptions about these existing propei ties 25 t the applicants have presence us actually 25 you know, considering where they were in the zoning and Page 34 a 36 1 ds up with a density that is less than the base nsity 1 attmg process, kind of gave us a picture of w is 2 e wed under the interim regs The base d is 30 2 g to be happening in two year incremen as these 3 unit n acre and they're actually proposi 2 9 units an 3 pro les continue to cone and plat and Id houses 4 acre ey have also done field work more clearly 4 And, nkly, the numbers are very sea You know, the 5 defines horns of the environmen sensitive area 5 level of vice on Teasley Lane to i current Londuwn 6 so that 1 4 7 acres that are appr mately in this 6 reaches fal g within just a few y if our growth rate 7 area and I be treated as a pie ed open area 7 continues th ay it is 8 Th rojec[ that they' proposing is 8 At the a this stud as, of course well 9 basically in h with the re f the new development 9 I think Jerry Cla our En eermg and Transportation 10 that we see in ill rea A since it follows the 10 Director, brought t to a Planning and Zoning 11 Comprehensive PI s is recommending approval And I 11 Commission sometu o and then it went to thL C mty 12 will be here to ans y other questions that you have 12 Council At the ti t City Council chose not to take 13 MR MCNEI Isshoners, any questions for 13 any specific actio n Te ey Lane as a result of this 14 Ms Hudson? Co Issto Gourdle 14 study 15 MS Go IE Than all I did have a 15 MS T what abou ickory Creek? 1 hc,kory 16 question cone mg road cap ty on Teasley Lane Will 16 Creek is It a little country to And you're going to 17 they be requ to do a right ha and a left-hand access 17 have llk lano going into Hicko Creek 18 on the roe 18 R SALMON Well, I'm so I guess I 19 HUDSON rll defer that non to Dave 19 MIS erstood I thought your ques n was more about 20 Saline he has actually looked at th afflc impact 20 T ley 21 anal s in more detail 21 MS HOLT well, both I mean, the whole 22 MS GOURDIE Thank you 22 area It's the whole area It's not just T ey It's 23 MR SALMON Yes Therewill be a t band 23 the whole thing 24 a left-hand turn lane at each entrance on T ley Lane 24 MR SALMON The study actually did e a 25 MS GOURDIE Thank you 25 look at some of the other side roads, Ryan Ro , Hickory PLANNING AND ZONING OCTOBE 11, 2000 36. Page 33 - Page 36 . ATTACHMENT 6 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 111 ACRES LOCATED WITHIN AGRICULTURE (A), GENERAL RETAIL (GR), AND SINGLE FAMILY (SF-7) ZONING DISTRICTS, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR SINGLE FAMILY, RETAIL, PARKLAND, AND LIGHT INDUSTRIAL USES, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF LOOP 288 AND UNIVERSITY 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 (ZP-00-011) WHEREAS, on February 1, 2000 and March 2, 2000, the City Council adopted Ordinance No 2000-046 and Ordinance No 2000-069, respectively, which established certain residential and nonresidential interim regulations (the Interim Regulations"), WHEREAS, the Interim Regulations established, among other things, a Zoning Plan requirement in the event of a request to rezone property, and WHEREAS, on June 28, 2000, SENT, Inc , on behalf of Henry Rife, applied for a change in zoning for 111 acres of land located on the southeast comer of Loop 288 and University Drive, from Agriculture (A), General Retail (GR), and Single Family (SF-10) zoning district classifications and land use designations to Planned Development (PD) zoning district classification and land use designation with the intent to develop a mixed use development that includes Single Family, Retail, Parkland, and Light Industrial uses, and WHEREAS, said applicant has submitted for approval a Zoning Plan for this property under the Interim Regulations, a copy of which is attached hereto as Exhibit "B" (the Zoning Plan"), and WHEREAS, on October 11, 2000, the Planning and Zoning Commission recommended approval of the requested change in zoning and the submitted Zoning Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, meets the requirements of the 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 land use designation of the 111 acres property described in the legal description attached hereto and incorporated herein as Exhibit A (the "Property") is changed from Agriculture (A), General Retail (GR), and Single Family (SF- 10) zoning district classifications and land use designations to Planned Development (PD) zoning district classification and land use designation under the comprehensive zoning ordinance of the City of Denton, Texas to allow for a mixed use development that includes single family, 37. retail, parkland, and light industrial uses The Zoning Plan and said change in zoning are hereby adopted, subject to the following conditions 1 Areas C and D shown on the Zoning Plan shall conform to the provisions for Neighborhood Centers land uses, limitations, and general regulations set forth in Exhibit "C" attached hereto and made a part hereof by reference 2 The applicant shall strike from this Zoning Plan the 100,000 square foot of floor area reference from the plan notes for Areas C and D 3 The details of the street sections shall be removed from the Zoning Plan and will be deferred to the specifics addressed in the Project Plan 4 The location of Prominence Parkway may shift from that indicated on the Zoning Plan, based upon negotiations with the Texas Department of Transportation, and the exact location and access will be deferred to the specifics addressed in the Project Plan SECTION 2 The City's official zoning map is amended to show the change in zoning district classification SECTION 3 If any provisions or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4 That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR PAGE 38 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY A TORNEY BY PAGE 3 9 . Exhibit A - Legal Description FIELD NOTES to all that certain tract of land situated in the W Lloyd Survey Abstract Number 774 and the M E P &P R R Co Survey Abstract Number 1469, City of Denton, Denton County, Texas and being a part of the called 64 073 acre tract described in the deed from Leslie T Holland et ux to Junction 288 Partners recorded in Volume 647, Page 152 of the Deeds Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northerly Northeast corner of the tract being described herein at a 1/2 inch iron rod found at the Northerly Northeast comer of the said 64 073 and the Northwest corner of the called Five acre tract described in the deed from Charlotte Carlton to Willis P Carlton recorded in Volume 438, Page 400 of the said Deed Records on the South nght-of-way of U S Highway 380 (University Dr), THENCE South 00 Degrees 00 Minutes 00 Seconds East generally along a fence with the East line of the Five acre tract and the West line of the 64 073 acre tract a distance of 1,045 31 feet to a reentrant corner thereof and the Southwest corner of the Five acre tract, THENCE South 87 Degrees 58 Minutes 30 Seconds East generally along a fence with the North line of the 64 073 acre tract and South line of the Five acre tract passing at a distance of 58 1 feet a cross tie fence comer post at the edge of dense brush and at 1,185 5 feet a'/2 inch iron rod found at a fence corner on the West line of Mayhill Road and continuing with the North line of the 64 073 acre tract, in all, a total distance of 1,201 00 feet to the Easterly Northeast comer thereof in Mayhill Road, THENCE South 02 Degrees 56 Minutes 44 Seconds West along the center of Mayhill Road with the East line of the 64 073 acre tract a distance of 474 06 feet to the Easterly Southeast corner thereof, THENCE North 89 Degrees 52 Minutes 31 Seconds West passing at 20 feet a fence corner post in the West line of Mayhill Road and continuing along a fence with the South line of the 64 073 acre tract and the North line of the called 3 616 acre tract described in the deed from Leslie T Holland to City of Denton recorded in Volume 545, Page 102 of the said Deed Records, in all, a total distance of 375 37 feet to a'/2 inch iron rod found at the Northeast corner of the 3 616 acre tract and a reentrant comer of the 64 073 acre tract and being 20 9 feet West of a 3 inch fence corner post, THENCE South 03 Degrees 20 Minutes 54 Seconds West with the East line of the 64 073 acre tract and the West line of the 3 616 acre tract passing at a distance of 448 21 feet a 1/2 inch iron rod set for reference and continuing, in all, a total of 473 21 feet to the Southerly Southeast corner of the 64 073 acre tract in Audra Lane, THENCE South 89 Degrees 34 Minutes 07 Seconds East along the center of Audra Lane with the South line of the 3 616 acre tract a called distance of 381 27 feet to the center of Mayhill Road, 40. THENCE South 02 Degrees 36 Minutes 28 Seconds West along the center of Maylull Road with a called distance of 1104 42 feet to a corner, THENCE North 89 Degrees 32 Minutes 36 Seconds West a called distance of 682 87 feet to a corner, THENCE North 01 Degrees 22 Minutes 24 Seconds East a called distance of 76 90 feet to a corner, THENCE North 89 Degrees 32 Minutes 36 Seconds West a called distance of 1464 20 feet to a corner at the East Right of Way of Loop 288, THENCE North 04 degrees 11 minutes 18 seconds East with the East Right of Way of Loop 288 a called distance of 577 39 feet THENCE North 03 degrees 51 minutes 56 seconds West within the Right of Way of Loop 288 a distance of 40 10 feet to a corner, THENCE Northerly with the East line of Loop 288 as described in the said Junction 288 Partners to the State of Texas deed the following four calls, 1 Northerly along the are of a curve to the left having a radius of 5,829 74 feet, an arc length of 159 74 feet (chord beanng North 00 Degrees 38 Minutes 53 Seconds East a distance of 159 73 feet) to a 1/2 inch iron rod set at the end of the curve, 2 North 01 Degrees 27 Minutes 41 Seconds East a distance of 325 53 feet to a concrete right-of-way monument at an angle point therein, 3 THENCE North 08 Degrees 08 Minutes 41 Seconds East a distance of 1,297 14 feet to a 1/2 inch iron rod set at a flare therein, 4 THENCE North 37 Degrees 59 Minutes 01 Seconds East with the said flare a distance of 125 07 feet to a 1/2 inch iron rod set at it's intersection with the South right-of-way of U S Highway 380 as described in the deed from O R Carlton to the State of Texas recorded in Volume 322, Page 527 of the said Deed Records, THENCE North 80 Degrees 32 Minutes 03 Seconds East with the South right-of-way of U S Highway 380 a distance of 289 87 feet to an angle point therein, THENCE North 68 Degrees 55 Minutes 50 Seconds East with the South nght-of-way of U S Highway 380 a distance of 204 00 feet to a concrete right-of-way monument at an angle point therein, THENCE North 80 Degrees 52 Minutes 52 Seconds East continuing with the South right- of-way of U S Highway 380 a distance of 183 49 feet to the PLACE OF BEGINNING and enclosing 110 905 acres of land 41. Z \SEN ecor s w Ing an U EXHIBIT B il / ` yE fA O) ~ V A ~ ~ ~ rYn i° i I ~P~g ~'lh~~l 99^1~ Iv~ t P ~ 1 I / I~ I Y~ 1 V ~ ~ r \ 1; I 1 I AI ~ V { , x hi ~ V A t I iR s.lu .F~ E \ ~ t J \ _ G iPfl 7 i r 71 it 0 I 1 ~ 1i 6~- wi ER EndTNOWEN60M1---t 1 Yx - ~ I 1 1 ~ a e66MAw rw6r \ \ urr~ r~N.ati - 1` 8 _ i p ZONING PL / Y $ O r V E a r e 6' v' tit 4p Prominence Square $q0 ilr o Lrw~r Engineers r j 42 North Y14 y r ny y LnYOP O6Mp1 NlNpvnrt Texas i'mru.m. r k8 CRWONCOYMV 1003 r' 11 Z\SEN ecor s wg - ning an E 6 x 9i ~ #rar}p lift ~ iFiF r ~fi f-£i~9 f~Ftt($ppaF A~ it 1-1 }i a elt( .H#$n9~~$t_ #[tt ~ [75~~>~it' ~ t~~# p`m 7rJ r#3t~ oe CC a Cf o e. jt [r if t tr ti if i Fj~ttF(~IgB f $I(t; CfIli 1 'A 11111 x7S# rib F Hl Ii} a t[i E ~Y 'i$ @[ AA€C e $i t s F i$~ tit i } r t Is Qt¢ g ~ 6 I~ttt$1}ti • 1p p~ ` ~ r FF1ix SEtp[if rttae #a I iEi~ F;ti i FCt~#$i~ fir fill[ ~figs.$ c.af n'. q r r M. % ttt[ kAtrrf II r ;~~itY~t € d Is} ttt~ iF # s { ~$~~$#'F$f$ ja}FC tigi:;I~j;iF9 s~}r # f {}ifgI~~ e t #li#ti s~i d€tRit t} ;•i r}li` t # i $bt}} i# r i[ }rt j ft~'t*~ i $t i o I it 1 t-l(l aj {tit $ t t e; 5 g g f# ii~~ g 1 z $ i EF F ij(rl$ $ to $ SF $ g i It tit I I r z to a #~~tii~$I$tr#$} I C$t F4 FNt F t$} FC FCet$F # ° € # t ~}tEttft{ t } t °rC} tt ~P€ tf r r }t t: ~ 1 f'}}'}$ , Q11111 r ~tl F j t# ef° ttr i t#t11'trlt t f e ft (17i t 111111111 st rtt g j [ a ( 8 It it #etrFf I ~t 58~ ~fgt { 9 e>}}{l k r t ° t •~e a r! i t tF F 'lift ((t9 y$t##}tl i t~ tr ~t r t t$rei ItaF.tP t a# t ei'7 , e~:i e x $ 11 t (~}i ~f $la y €i F i~ O~F~iptg~t Ire~~, r 9 a ~ . t r f} t $ r$ ! r# It ~rtF$ (jk t $ a$€ti g i€ F,~~ t It $ ~if~t~tg}~ ~ 1 i et 6 i tits{e t >T a x'p } i # rj #t of t r Art •r t r t F it Pb r i 5 i } i 7 fl A .$~F x e a {B t t r . Ft $ r g rf~ Y i99}~ a n®nf $$$${tt Fap~ t g s # }fe C~ .C}iAA AA ( 81 REF at ttt i i. i @ $ rF F e }t06~ it F st : of 1113#11 tF t F• F at i ii i i # t } $ C I# t gig ~ ~ ~ $t~ F A i ~ s f i n.4V S u r v e 1!9 Prominence Square ZONING d $RO 2k N m, t" aoan^9N 4 3 T e x a e, t. Z \SEN ecor s wg, ning an, N oo psi z 1 i in a ¢ ° ~tl ~l e ffi~ m N M m fl @q~ y z a I < 3 O mm z O D y m D m imr ❑ $ i~ 0 D j m O o a1 ` o p ~ I z i~ ~~nn O ❑ yC j• p f ~ N El a 5 I~q\af B I= h e-' l I11r~ X111 a z` . $ati $@@y ayy tt eq lCSv BFgp~'4~€B~FXdd r 114 ~ t %Xgag~~X~~~Xyvie ~n4 lyey a' 9 3XX9fa~9 S XF i ~ ~rf _ D D D in fl t } p go, W.~ eriM.eeei It m ILI 11- g uF ~ , -j ¢ gjX§qI €Av Xav b~ ❑ r _ l~Y is FI~~etS~XvX lX1~aXpX O• ~ }~Nf - r f G o- r jjjj:~5 gg XeYY~~yy a , d q.si~~««, f e Y~~t s $ Prominence Square ZONING v surveyor: e $g0 44. Texas sera xr t wneee~uuwnarroun m W a Texas, roe. orcmor oaxrou wxnvxn e...... g p 5 P xrox couxn *eria "ir«I EXHIBIT C Draft • Development Code j iSections, 3553 1 Purpose 35 5 3 2 Permitted Uses 35533 General Regulations 35534 Ownership Reuired 35 5 3 5 Open Space 35536 Design Standards 35.5.3.1 Puroose. The purpose of a Neighborhood Center is to focus on the heart of the neigh- borhood and to encourage a mix of uses including a variety of residential and commercial to support the surrounding neighborhood Land Uses within Neighborhood Centers may include H (NCR-2) 31 Neighborhood Center Residential 21 ,W (NCR-4) Neighborhood Center Residential 4 C (NCR-6) Neighborhood Center Residential 6 47 (NCR-15) Neighborhood Center Residential 15 V (NCMU) Neighborhood Center Mixed Use ® 35.5.3.2 Permitted Uses. ® The following uses are permitted within Neighborhood Centers Residential Land Use Categories NCR-2 NCR-4 NCR-6 NCR-I5 NCMU Agriculture SUP N N N N Livestock N N N N N 171 Single Family Dwellings P P P P N Accessory Dwelling Units L(1)1 L(1) L(1) P N (n Attached Single Family Dwellings L(4) L(4)3 L(4) P P ■ `fl Dwellings Above Businesses N N N P P Live/Work Units N N L(16) P P Duplexes N N N P N ,M Community Homes for the P P P P P Disabled S Group Home N N N SUP SUP Multi-Family Dwellings N N N P L(30) Manufactured Housing L4 Developments N N SUP N N Sub-Chapter 35 5 3 Development Code Text - Page 45. Draft • Development Code t Commercial Land Use Categories NCR-2 NCR-4 NCR-6 NCR-15 NCMU Home Occupation P P P P P Sale of Products Grown On-Site N N N N N Hostels N N N N P Hotels N N N N P' Motels N N N N N Bed and Breakfast N N N L(I0) P Retail Sales and Service N N N L(14) L(13) N Theaters Less than 1,000 Seats N N N N L(14) 4) Restaurant or Private Club N N N N L(13) p■ 4a C Drive-through Facility N N N N N V Professional Services and Offices N N N L(I 3) L(13) Ouck Vehicle Servicing N N N N N ® Vehicle Repair N N N N N % Auto and RV Sales N N N N N 121 0 Laundry Faalibes N N N N P „L Equestrian Facilities P N N N N Commercial Outdoor Recreation p P P SUP2 SUP Indoor Recreation N N N N P M Major Event Entertainment N N N N N Commercial Parking Lots N N N N N ■ N Administrative or Research N N N N L(I4) Facilities Broadcasting or Prodution Studio N N N N L(14) Sexually Oriented Businesses N N N N N Temporary Uses SUP SUP SUP SUP SUP 'i" V1 46. Sub-Chapter 35 5 3 Development Code Text -Page Draft Denton Development Code h Industrial Land Use Categories NCR-2 NCR-4 NCR-6 NCR-15 NCMU 4 Printing/ Publishing N N N N N Bakeries N N N N L(21) Bottling Plants N N N N L(21) Manufacture of Non-oderiferous N N N N N Foods Feed Lots N N N N N Food Processing N N N N N Light Manufacturing N N N N N L Heavy Manufacturing N N N N N Wholesale Sales N N N N N C Wholesale Nurseries N N N N N Distribution Center N N N N N ® Outdoor Storage N N N N N ®fv Wholesale Storage and N N N N N Distribution [V 0 Self-service Storage N N N N N .c Construction Materials Sales N N N N N ~0 Junk Yards and Auto Wrecking N N N N N Kennels L(I 4) N N N N Veterinary Clinics N N N N L(14) Sanitary Landfills Commercial N N N N N ■ Incinerators Transfer Stations M ad C. M S t, .Q H Sub-Chapter 35 5 3 Development Code Text - Page 4 7 Draft • Development Code 3 X s Institutional Land Use Categories NCR-2 NCR-4 NCR-6 NCR-15 NCMU Basic Utilities P P P P P Community Service N N N P P Parks and Open Space P P P P P Churches P P P P P Semi-public Halls Clubs, and SUP SUP SUP SUP P Lodges Business / Trade School N N N N L(14) Adult and Child Day Care SUP SUP SUP P P L Kindergarten Elementary School SUP SUP SUP P P ,N Middle School N N N N P High School N N N N N V Colleges N N N N SUP ® Hospital N N N N N ® Nursing Homes' N N SUP SUP N S Medical Centers N N N N P •Q Cemetanes N N N N N Mortuaries N N N I N G M Legend P Permitted outright L(x) Permitted, but limited as defined by the chapter on limitations W SUP Special use permit required M N Prohibited use L CL .S: u H Sub-Chapter 35 5 3 Development Code Text - Page 48 Draft Denton Development Code I ~ 35.S.2.3 General Regulations. General regulations of the Neighborhood Centers are contained in the table below General Regulations NCR-2 NCR-4 NCR-6 NCR-15 NCMU Min mum lot area (square feet) 12 000 8 000 6 000 3 500 2 500 Minimum lot width 80 feet 60 feet 50 feet 30 feet 20 feet Minimum lot depth 100 feet 80 feet 80 feet 80 feet 50 feet Minimum front yard setback 20 feet 20 feet 15 feet 10 feet None Maximum front yard setback 30 feet 30 feet 20 feet 15 feet 10 feet Minimum side yard for 6 feet 6 feet 6 feet 6 feet 6 feet unattached buildings u Minimum side yard 10 feet 10 feet 10 feet 10 feet None adjacent to a street ® 10 feet, 10 feet, 10 feet 10 feet, ® plus I plus 1 plus I plus i s footfor foot for foot for foot for d each each each each ® Minimum rear yard foot of foot of foot of foot of None building building building building height height height height above above above above 20 feet 20 feet 20 feet 20 feet The following limits apply to subdivision of more than 2 acres in lieu of minl- mum lot size and dimension requirements General Regulations NCR-2 NCR-4 NCR-6 NCR-I5 NCMU 2 5 4 6 15 40 Maximum density dwelling dwelling dwelling dwelling dwelling L units per units per units per units per units per acre acre acre acre acre C Minimum building separation for 20 fee[ 12 feet 12 feet 20 feet 12 feet non-attached buildings N Sub-Chapter 35 5 3 Development Code Text - Page 49 Draft • Development Code t The following I,mits apply to all buildings General Regulations NCR-2 NCR-4 NCR-6 NCR-15 NCMU Maximum lot coverage 30% 40% 50% 60% 80% Minimum landscaped area 70% 60% 50% 40% 20% Maximum bu Iding height 40 feet 40 feet 40 feet 40 feet 65 feet 35.5.3.4 Ownership required. All units developed in NCR-2, NCR-4, and NCR-6 shall be designed for individual ownership of each un H 35.5.3.5 Open Space. All developments which contain 10 units or more shall be required to provide Q a minimum of 5% of the total lot area in Open Space V 35.5.3.6 Design Standards. All residential developments in the NCR-6, NCR-15, and NCR-30 districts shall ® comply with tl•e standards for residential developments in a pedestrian area in Q Sub-Chapter 12 Any developments in the NCR-2 or NCR-4 zone that contain lots of less than 15 000 square feet shall comply with the standards of Sub- i Chapter 12 Any mixed-use or non-residential developments in the NCR-15 or NCR-30 zone snall comply with the standards for non-residential buildings in a pedestrian area contained in Sub-Chapter 12 IM l., Q fY1 N A'1 is Q R ti A 2 Vf Sub-Chapter 35 5 3 Development Code Text - page 50* • Development Code I F Upon approval of a Special District Overlay, a map of the district boundaries shall be incorporated into the Zoning Maps of City of Denton The following define the limitations to zoning uses when the zoning matrix I identify a use as permitted, but limited L(l) e Accessory residential units are permitted, subject to the following addi- tional criteria i I The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone 2 The maximum number of dwelling units shall not exceed f per lot 61 3 The maximum gross hzbitable floor area (GHFA) of the acces- Im sory residential structure shall not exceed 50% of the GHFA of 15 the primary residence on the lot, and shall not exceed 1000 sq C ft GHFA ® 4 Additional parking snall be in conformance with the off-street N parking provisions for single-family dwellings of this Chapter 0 L(2) - Duplex on corner lots, provided that no two such uses shall be contigu- ous, except that this provision shall not apply to any area which has Li been developed or is part of an existing subdivision or established ® platted neighborhood at the time of enactment of this Chapter Such lam structures shall be subject to provisions of the Site Review Chapter L(3) ° Up to 2 units may be attached by a common wall if part of a subdivision of 2 acres or more, the lots which contain the attached structures do mom not abut the perimeter lot lines of a subdivision, the individual common j E %imem, wall units are on separate lots designed to be sold individually, and they ' m1 comply with the design standards of (Site Design Section) Additionally, units must have the appearance of a single family residence from the ■ street 6N L(4) - Up to 4 units may be attached by a common wall if part of a subdivision of 2 acres or more, the lots which contain the attached structures do (y~ not abut the perimeter lots I nes of a subdivision the individual com- aill mon wall units are on separate lots designed to be sold individually, and they comply with the design standards of Section 9 7 6 11101111 Q L(5) ° Limited to four (4) units and subject to site design standards I L(6) a Permitted only on 2nd story and above, when an office, retail, or other ' permitted commercial use is in the ground floor u L(7) - Manufactured homes on individual lots are permitted, subject to the ...666~iaaa following criteria I The portion of the lot on which the manufactured home is to H Sub-Chapter 35 5 9 Development Code Text - Page 5 1. Draft • Development Code I be located shall not exceed a slope of 10% prior to excavation j or fill on the parcel I 2 The manufactured home shall be multi-sectional, no less than I 24 feet in width, and have a minimum enclosed floor area of 1,000 sq ft 3 The manufactured home shall have a roof pitch of a minimum of 14 degrees (3 feet in height for each 12 feet in width) 4 The manufactured home shall have no metal siding or roofing and shall have wood, wood-product, or vinyl siding and com- position roofing, or approved equivalent h 5 The manufactured home shall be placed on an excavated and h back-filled foundation and fully enclosed 6 The foundation area of the manufactured home shall be fully skirted with masonry L)8) m Travelers' accommodations, are permitted, provided that I That all residences used for travelers' accommodation be business-owner occupied The business-owner shall be re- quired to reside on the property occupied by the accommoda- ® tion, and occupancy shall be determined as the travelers' accommodation location being the primary residence of the owner during operation of the accommodation "Business- ® owner" shall be defined as a person or persons who own the property and accommodation outright, or who have entered Into a lease agreement with the property owner(s) allowing for q the operation of the accommodation Such lease agreement to E specifically state that the property owner is not involved in the 11431 day to day operation or financial management of the accom- W1 modation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has • actual ownership of the business 6A 2 That each accommodation unit shall have I off-street parking space, and the owners shall have 2 parking spaces All spaces M shall be in conformance with the requirements of the Off-Street L Parking section of this Chapter 3 That only one ground or wall sign, constructed of a non-plastic `a material, non-Interior illuminated of 6 sq ft maximum size be allowed Any exterior illumination of signage shall be installed .L such that it does not directly illuminate any residential structures V adjacent or nearby the travelers' accommodation 4 That the number of accommodation units allowed shall be S proportional to the permitted density of the zone Each h traveler's accommodation unit shall be counted as 0 6 units for Sub-Chapter 35 5 9 Development Code Text - Page 52. Draft • Development Code the purpose of calculating the permitted number of traveler's accommodations 5 All traveler's accommodations shall be within 200 feet of an arterial Street designations shall be as determined by the City of Denton Comprehensive Plan Distances shall be measured via public street or alley access to the site from the arterial 6 Excluding the business-owner s unit and the area of the struc- ture it will occupy there must be at least 400 sq ft of gross interior floor space remaining per unit 7 Traveler's accommodations are limited to no more than 8 guest units L(9) - All restrictions of L(8), but limited to no more than 15 guest units L(10) - All restrictions of L(8) Limited to no more than 5 guest units L(I 1) - Limited to sit down only no take-out service and no drive up service S permitted Limited to no more than 100 seats and no more than 4,000 .o S; square feet of restauran: area ® L(I 2) - Maximum of fifty (50) seats N L(13) - Uses are limited to no more than 55,000 square feet of gross floor area per lot 0 L(14) - Uses are limited to no more than 10 000 square feet of gross floor area t4 L(15) - Uses are limited to no more than 5,000 square feet of gross floor area C per lot No" L(16) - Uses are limited to no more than 1,500 square feet of gross floor area per lot L(17) - Permitted with applicable design standards L(I 8) - Must adhere to the open soace requirements of Chapter 34 Subdivi- ,E sion Regulations WJ L( 19) - Only structures in which 50% of ground floor is designated for retail or office use Surface parking prohibited 04 L(20) - Permitted with outdoor storage of autos prohibited LH L(21) - Bakery and bottling areas not to exceed 2,500 square feet Sales on premises of products produced required in this zone L(22) - Light manufacturing of products sold on site permitted, area of manu- facture not to exceed 10,000 square feet L(23) - Light manufacturing of products sold on site permitted area of manu- facture not to exceed 5,000 square feet L(24) - Light manufacturing of products sold on site permitted, area of manu- = facture not to exceed 1,500 square feet V L(25) - If proposed use is within 200 feet of a residential zone, approval is I subject to a Special Use Permit L(26) - Uses are limited to no more than 2,500 square feet of gross floor area H per lot Sub-Chapter 35 5 9 Development Code Text - Page 53 D raft • Development Code 'I , L(27) - Structural limits apply L(28)- Use allowed as part of consolidated parking plan L(29) - Permitted within 1,320 feet of a freeway interchange as measured from the centerline of the freeway L(30) - Permitted only in conjunction with office or retail uses equal to at least 15% of the floor space of the residential use L (31) - Minimum Lot Area I Minimum lot area for I unit shall be 4000 sq ft with a mini- mum width of 40 and minimum depth of 80 2 Minimum lot area for 2 units shall be 7,000 sq ft with a mini- mum width of 50 and a minimum depth of 80' H 3 Developments of 3 units or greater shall have minimum lot area in excess of 9000 sq ft and shall be calculated according to L(29) Permitted within 1,320 feet of a freeway interchange, as 09 measured from the the centerline of the freeway C L(32) - Not allowed to locate adjacent to an arterial, within 1,000 feet of = another Sexually Oriented Business within 1,000 feet of a daycare or ® school and, 1,000 feet of any residential use N m. M. O Nun Im M E .J LA ■ M L it V H Sub-Chapter 35 5 9 Development Code Text - Page 54- rw Ago Me No rx) ' AGENDA INFORMATION SHEET Agenda Item Date ~1 7 AGENDA DATE: November 7, 2000 DEPARTMENT: Planning Department J CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - ZP-00-015 (Lexington Park South) Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan to rezone 37 8 acres from an Agriculture (A) zoning district to a Single Family (SF-10) zoning district The property is generally located on the west side of Teasley Lane, approximately one-quarter mile north of Hickory Creek Road A single family subdivision with open space is proposed The Planning and Zoning Commission recommends approval (6-0) with conditions BACKGROUND The applicant is requesting rezoning for a single family subdivision of 37 8 acres with approximately 100 lots at a density of 2 6 units per acre An Environmentally Sensitive Area of 4 7 acres will be dedicated as open space The development is proposed to be a continuation of Lexington Park, a single family subdivision directly to the north that has Single Family (SF-10) zoning The majority of the project's access points will be taken through the Lexington Park subdivision to the north, due to a branch of Hickory Creek that divides the subject tract into two pieces ➢ The subject property is located in an Agriculture (A) zoning district created in January 19, 1993 by Ordinance 93-005 ➢ The Denton Plan shows this area to be within a Neighborhood Center A Neighborhood Center allows residential uses to develop in traditional patterns Neighborhood Centers can exemplify the interrelationship between the quality of the development, density, services, and adequate public facilities The proposed uses are consistent with the Denton Plan ➢ Eleven (11) property owners were notified of the zoning request Two (2) responses have been received in favor of the request PRIOR ACTION/REVIEW The following is a chronology of ZP-00-015, commonly known as Lexington Park South Application Date - August 2, 2000 DRC Date - August 10, 2000 P&Z Date - October 11, 2000 ESTIMATED PROJECT SCHEDULE A Project Plan is required as the next step in the zoning process After the Project Plan has been submitted and approved, a Preliminary Plat and a Final Plat must be submitted for approval FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term public improvements that are the responsibility of the city P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this zoning request with the following condition 1 All dwelling units shall have a minimum of 75% masonry coverage OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zoning Commission Report, October 11, 2000, ZP-00-015 2 Planning and Zoning Commission minutes from October 11, 2000 3 Draft Ordinance Respectfully submitted 1 Douglas Powell, AICP Director of Planning and Development Prepared by a. t✓ Beth Hudson Planner I ATTACHMENT 1 n a - 002 / Agenda No PLANNING AND ZONING COMMISSIONdaltem STAFF REPORT Subiect Lexington Park South Case Number ZP-00-015 Staff Beth Hudson, Planner I Anenda Date October 11, 2000 1 I a1 Hold a public hearing and consider making a recommendation to the City Council concerning the Zoning Plan of 37 8 acres from an Agriculture (A) zoning district to a Single Family (SF-10) zoning district A single family subdivision with open spaces is proposed LEXINGTON PARK BRICK ACME h t i ' t SITE I E NOW LIN TEASLEY HARBOR T y I I I I HICKORY CREEK IFF LOCATION MAP Location North of Hickory Creek Road on the west side of Teasley Lane Size 37 8 acres 1. Applicant David Howell Owner Dwight Thompson Ministries Ashton Dallas Residential 525 Hickory Hill Road 15851 Dallas Parkway, Suite 100 Argyle, Texas 76226 Addison, Texas 75001 amain I 0211M The applicant is requesting rezoning for a single family subdivision with approximately 100 lots (see Enclosure 1) The subject is proposed to be a continuation of Lexington Park, a single family subdivision directly to the north that has Single Family (SF-10) zoning The majority of the project's access points will be taken through the Lexington Park subdivision to the north, since a branch of Hickory Creek divides the subject tract into two pieces 1999 - 2020 Comprehensive Plan Analysis The Denton Plan shows this area to be within a Neighborhood Center (see Enclosure 2) A Neighborhood Center allows residential uses to develop in traditional patterns Mixed-use and mixed housing types are allowed to develop in a pattern of 'neighborhood centers' Neighborhood Centers can exemplify the interrelationship between the quality of the development, density, services, and adequate public facilities The proposed uses are consistent with the Denton Plan Ai 1 , 1 Transportation A Trip generation The proposed development would generate approximately 955 trips per day if built out with single family units A Traffic Impact Analysis (TIA) has been submitted and will be utilized to determine the required road improvements necessary to mitigate the increased traffic generated from this developement Calculations provided by the Institute of Transportation Engineers 1991 B Access This site has access to Teasley Lane and through the Lexington Park subdivision to the north C Road Capacity Teasley Lane is identified as a primary mayor arterial road by the 1998 Denton Mobility Plan This road is designed to be 6 lane divided street without parking, providing 6 lanes of through traffic As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day Teasley Lane is currently constructed with 2 lanes without parking A traffic count at 1275 trips per day was noted in 1999 Teasley Lane is currently at capacity, however, City Council has declined to place a moratorium on new development Teasley Lane is scheduled to be widened within the next 10 years 2 D Pedestrian Linkages Sidewalks along all public streets are required 2 Utilities This site has access to existing water lines but not to sanitary sewer lines Sewer line access could be accomodated by tying into the proposed Wheeler Ridge line along Teasley Lane 3 Drainage and Topography New development will be required to design and construct a drainage system to city standards A preliminary drainage study will be required with the submission of a preliminary plat The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property The developer must indicate the method by which the run- off will be carried across the property or stored on the property 4 Signs As per the sign ordinance 5 Off-Street Parking Each residential lot will provide 2 off-street parking spaces 6. Landscaping This property will have to comply with the new Landscape Code, which requires 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) 7 Open Space and Recreational Areas This residential development will be required to participate in the development of public recreational areas Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees Dedication requirements are required during the platting process Park development fees are required prior to the issuance of building permits 8 Lighting Single family residential uses typically are subject to additional lighting standards 9 Environmental Quality impacts No environmental impacts are anticipated MEMil E~ III I MIE M." , April 15, 1986 - The subject property was placed in the Planned Development (PD-114) zoning district and land use classification by Ordinance 86-92, which allowed a large ministerial outreach facility and single family uses January 19, 1893 - The subject propertv waa downzoned to an Agriculture (A) zoning district (see Enclosure 3) 3. The subject property is not platted and would need to be platted prior to any development Notice of the zoning request was published in the Denton Record-Chronicle on September 30, 2000 Eleven property owners within two hundred feet were mailed legal notices, and 37 residents within five hundred feet were sent courtesy notices informing them of the request (see Enclosure 4) As of this writing, there have been 2 responses in favor of the request (see Enclosure 5) No neighborhood meetings have been held { k iA The density of this project is 2 9 units per acre, which is less than both the base density and increased density provisions allowed under the Interim Regulations (see Enclosure 6) All of the information required for a Zoning Plan has been incorporated into the proposal The Environmentally Sensitive Area has been more clearly delineated, based on field studies, and is proposed to remain undeveloped Most of the surrounding land is vacant, although two new subdivisions have been approved- Wheeler Ridge to the east and Lexington Park to the north Chaucer Estates, along the southwestern border, is currently under construction Since existing residential construction in the surrounding area is limited, only one compatibility standard of brick exteriors has been proposed Staff recommends approval of ZP-00-015 with the following condition 1 All dwelling units shall have a minimum of 75%a masonry coverage ~k I move to recommend approval of ZP-00-015 with the following conditions 1 All dwelling units shall have a minimum of 75%a masonry coverage k k , ~ i 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend) denial 4 Postpone consideration 5 Table item 4. 6 I Zoning Plan 2 Future Land Use Plan 3 Zoning Map 4 200'-500' Notification Map 5 Property Owners Responses 6 Density Calculations 5. ENCLOSURE 1 C" El ftaaM,~Y aaaal g ~ ~ ! ~ P~ !e ~ o Ollie -1 fail, How tj Oil, x S 1~ i I 1 a!% gill f ~j ~qp Q°e I 5y~;g e 4~i a I d 3~~ • ~tl~ ~ ! di 6y~ q e~~e a~M~~ ~~°~IQ L- I Vol A pi ~ f~ej Ye b fp pppQ A ,,~~77ryry bb=o p` qQ g]~ bb i~i 7 ~yyyYQ~~$ ~.A@ tl .A «..u Q~ ~6.8 a~~e~ i~i ~a~Q ~aBaQ.aP ee ~ « a s a s • 4 [ Q w, in + p a 8~~RpyQ i°,_ 6 iex~i Q 9 ~~~dbbA 1lli I ♦ b wr m C9 Y~QiQ M9 ~j!!lp ~4~BeG• w~b R Yp $pQb y$' B Wail w ° P fna..a~„orea raavra.a~~ Q Q g ~ 6• ~i~q~9g p lull .11: SYM 109"d SIEVZOOSSY ONY NOSMa" 'Mau00 ENCLOSURE2 ZP-00-015 (Lexington Park South) NORTH NEW NEIGHBORHOOD PARK I ACME BRICK WME_ELER SITE RIDGE ESA F~(I$11NG N~IGMBQRHOOpS/ INFI (iONPATIBILIN OR CREEK ROAD FUTURE LAND USE MAP Scale None ENCLOSURE3 ZP-00-015 (Lexington Park South) NORTH i KNEELER ACME LOONGTONPARK RIDGE BRICK SF-10 ` - PD 176 SITE z c { NOWLJ SF-7 A ~ SF-7 i i ETJ A A 7EASLEY r i HARSOR PD 172 i HICKORY CREEK ZONING MAP Scale None 8 ENCLOSURE 4 ZP-00-015 (Lexington Park South) NORTH WHEELER ACME LEXINGTON PARK RIDGE BRICK SITE 16 i' Limit of 2 ' Notification TEASLEY HARBOR ENotilf of 500' TTTI cation ITT HICKORY CREEK 200'-500' NOTICE MAP 200' Legal Notices sent via Certified Mail 11 500' Courtesy Notices sent via 181 Class Mad 37 Number of responses to 200' Legal Notice • Opposed 0 • In Favor 2 • Neutral 0 Percent of land within 200' in opposition 0% 9 Scale None Oct-02-00 11:13A CONNELL Cr- 214 357 4953 P_01 ® ENCLOSURE 5 NOTICE OF PUBLIC HEARING ZP-00-015 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 11, 2000, to consider rezoning a 37 8 acre site located on the west side of Teasley Lane, north of Hickory Creek Road, from an Agriculture (A) zoning district to a Single Family (SF-10) zoning district (see map on backside) A single family subdivision with open space is proposed The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing (This in noway prohibits you from attending and participating in the public hearing) You may tax It to the number located at the bottom, mad it to the address below, or drop it off in-person Planning and Development Department 221 N. Elm St. Denton, Texas 76201 Attn: Beth Hudson, Planner 1 The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and In opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one- In favor of request Neutral to request Opposed to request Comm Signature V ~a~ Printed Name V f Mailing Address lo /pte City, State Zip -2xR -7gL P Telephone Number _ k*n7S3 f2~ Physical Address of Property within 200 feet sue/ CITY OF DENTON, TEXAS CITY HALL WEST • DENTON TEXAS 76201 940 349 $350 (F) 640 349 7707 Filename 10 NOTICE OF PUBLIC HEARING ZP-00-015 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 11, 2000, to consider rezoning a 37 8 acre site located on the west side of Teasley Lane, north of Hickory Creek Road, from an Agriculture (A) zoning district to a Single Family (SF-10) zoning district (see map on backside) A single family subdivision with open space is proposed The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mad it to the address below, or drop it off in-person Planning and Development Department 221 N. Elm St. Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request Comments Signature KIMDAtt AILL ROM455 Printed Name 'SWO k1`(SE V% CS P44ISS1 Mailing Address 14-2Z. W • MAtIJ SorR.ft-r , sJy45 W& City, State Zip I~uvJtSJrt.l.6~ T~. 150al Telephone Number 9123534x45 X io3 Physical Address of Property within 200 feet -1000 c a1AJCASP JP4. U0 N6H1aG VJA's 92. CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940 349 8350 • (F) 940 349 7707 i Filename 11. ENCLOSURE6 City of Denton Department of Planning and Development Density Calculation Worksheet Project Name Lexington Park South - Single Family housing Date September 27, 2000 Base Density 3 0 units per acre x (37 8 acres - 4 7 acres of ESA) = 99 3 units ESA transfers (4 7 acres / 2 x 3 units/acre) = 7 1 units Open space none provided Design features proposed 3 design features Density increase of 0 1 units per acre is awarded for every three design features proposed 37 8 acres x 0 1 units per acre = 3 8 units TOTAL=110 2 units/37 8 acres = 2.9 units/acre Density as currently proposed 100 units / 37 8 acres = 2 6 units/acre 12 ATTACHMENT 2 Page 35 1 much Is ere anyone else who wo d like to speak to I MR MCNEILL commussioner Holt 2 this issue Anyone else in the audi ce9 Because we're 2 Ms HOLT Mr Sabnon, I just want to ask a 3 still unde public hearing Seeing one, I will close 3 question I drove out and looked at this the other day 4 the publi eating and ask the Cot isston if there is 4 and I m the new kid on the block so I have a little bit ol 5 additiona iseussion or a motion 5 a learning curve here Has anyone ever figured out thL 6 APPLE I'll move to ap ove ZP 00 of l 6 trips per day of that whole area of Hickory Creek and dl 7 with the vised recotmnended con tions by staff 7 of those I was just blown away when I saw that And I 8 MCNEILL Is there a se nd? 8 thought we're just adding another layer and then I rLad 9 RISHEL Second 9 down it's going to be at least ten years before Tenslc} 10 MCNEILL it's been in ed and seconded 10 anything is done on Teasley And I mean, it looks hkL I I that we prove this Agenda item ith the indicated staff 11 that maybe some of those people are just going to bL 12 nevi p ny discussion? Vo se Motion passes 12 sitting there for ten years waiting to get out of then 13 6-0 you very much 13 area 14 Item 9 is we're still operating under the 14 MR SALMON Actually that s a good question 15 public hearing We're going to have a report from Ms 15 Several months ago, we the City undertook a very Ivge 16 Hudson So please proceed 16 study called the Teasley Lane Corridor Study and this is a 17 MS HUDSON Thank you, ladies and gentlemen 17 map or an excerpt from that study that showed the 18 of the Conunission The zoning plan that you see before 18 different properties and what they were zoned and things 19 you tonight, the second one, is for Lexington Park 19 of that name, 20 South It is directly below the preliminary plat that you 20 Everything in this area surrounded by the 21 have seen recently for Lexington Park The site is 21 heavy dark line was taken into account in drat Teasley 22 here It is in the middle of a new Neighborhood Center, 22 Lane Corridor Study The study basically described the 23 as proposed by our future Land Use Plan It does have an 23 existing conditions of the road And then making sonu 24 environmentally sensitive area going through it The 24 development assumptions about these existing propei ties 25 proposal that the applicants have presented to us actually 25 you know considering where they were in the zoning and Page 34 Page 36 1 ends up with a density that is less than the base density I platting process, kind of gave us a picture of what's 2 allowed under the interim regs The base density is 3 0 2 going to be happening in two year increments as thLeL 3 units an acre and they're actually proposing 2 9 units an 3 properties continue to zone and plat and build houses 4 acre They have also done field work that more clearly 4 And, frankly, the numbers are very scary You know, the 5 defines the limits of the environmentally sensitive area 5 level of service on Teasley Lane in its current Londnton 6 so that it is 4 7 acres that are approximately in this 6 reaches failing within just a few years if our growth rate 7 area and will be treated as a preserved open area 7 continues the way it is 8 The project that they're proposing is 8 At the time this study was, of course wd I 9 basically in-line with the rest of the new development 9 1 think Jerry Clark, our Engineering and Transportation 10 that we see in the area And since it follows the 10 Director, brought this to the Planning and Zoning 11 Comprehensive Plan staff is reconunendmg approval And I I 1 Cotmnission sometime ago and then it went to thL City 12 will be here to answer any other questions that you have 12 Council At the time, the City Council chose not to tdkL 13 MR MCNEILL commissioners any questions for 13 any specific action on Teasley Lane as a result of this 14 Ms Hudson? Comimssioner Gourdie 14 study 15 MS GOURDIE Thank you I did have a 15 MS HOLT what about Hickory Creek? HiLkory 16 question concerning road capacity on Teasley Lane Will 16 Creek is like a little country road And you're going to 17 they be required to do a right hand and a left hand access 17 have like Plano going into Hickory Creek 18 on the road? 18 MR SALMON Well, I'm sorry I guess I 19 MS HUDSON 111 defer that question to Dave 19 misunderstood I thought your question was morL shout 20 Salmon who has actually looked at the traffic impact 20 Teasley 21 analysis in more detail 21 MS HOLT well, both I mean, the the wholL 22 MS GOURDIE Thank you 22 area It's the whole area It's not just Teasley It's 23 MR SALMON Yes There will be a right hand 23 the whole thing 24 and left-hand turn lane at each entrance on Teasley Lane 24 MR SALMON The study actually did take a 25 MS GOURDIE Thank you 25 look at some of the other side roads, Ryan Road, Hickory PLANNING AND ZONING OCTOBER 11, 2000 13 Page 33 - Page 36 Condenseltrr"i Page 37 Page 39 1 Creek Road, Hobson Lane even, Robinson Road It did show 1 the cIP and in the County's LIP to rebuild Hickory Creek 2 the amount of traffic that's going to be on those roads 2 Road and that the design work on Hickory Creek Road has 3 and it gave increments of when those roads, based on an 3 actually begun 4 assumed scenario, when those roads were going to have to 4 MR WILLIAMS I heard what you said but it 5 be upgraded and how many lanes they would need So I 5 still didn't answer your question In other words somL 6 think we have an idea of what will ultimately need to be 6 portion has started but the other question is when is thL 7 done and approximately when it ought to be done It's a 7 other portion going to start because just because you h ii e 8 matter of funding 8 money doesn't really mean that you're going to start 9 I will add that we have in our current bond 9 MR SALMON well typically in our ciP 10 progi am as well as the County's current bond program 10 Program the first stage of budding a road, of course is 11 money to redo Hickory Creek Road And as a matter of 11 to design it and we've chosen to hire a consulting 12 fact we've already hired a consultant to start the design 12 engineer to design Hickory Creek Road as opposed to 13 woik and we're trying to work through several scenarios 13 designing it ourselves And that design consultant h n 14 right now in terms of the configtuation that the road is 14 already been hired and they have already started &signing 15 going to take So, you know, it's highly likely there 15 the road As soon as the road is designed I would 16 could actually be construction to widen Hickory Creek Road 16 anticipate that we're going to be bidding the project and 17 sonmeume next year, late next year 17 hopefully it should be under construction by sometime in 18 MS HOLT well do you think that Teasley 18 2001 19 will take test years? 19 MR WILLIAMS okay And what about TcaslLy' 20 MR SALMON The State right now is just 20 MR SALMON Teasley Lane is a road that is 21 starting the environmental assessment stage of the 21 operated and maintained by the Texas Department of 22 widening which means that at best you're looking at 22 Transportation We can't make them fix the road The 23 probably five years before the State is going to do 23 only thing that the City can do is provide funding to help 24 anything with Teasley Lane 24 them decide to fix it sooner I don't know of a bettor 25 There again both Denton County and the City 25 way to say that Page 38 Page 40 1 of Denton have money in the current bond programs to I MR WILLIAMS okay In other words you 2 leverage that project a little bit which, hopefully, will 2 don't know Okay Next question What about Hobson' 3 speed it up If we weren t doing that, you'd probably be 3 MR SALMON Hobson Lane there is no money 4 looking at an eight to ten year timeframe And we're 4 currently programmmed for Hobson Lane 5 hoping that with the City and the County both putting 5 MR WILLIAMS Thank you And Country Club' 6 money into the project, that will bump it up a few years 6 MR SALMON country Club Road, again then, s 7 MR MCNEILL commissioner Rishel Okay I 7 nothing programmed on Country Club Road There is soniL 8 guess I have a follow-up question on that Hickory Creek 8 money programmed in our current CIP very similar to Il, 9 is proposed to be widened, if I understood what you're 9 money we have programmed for Teasley Lane to get the StatL 10 saying there, by the City Is the City going to pay for 10 to start working on Country Club Road I 1 that? 11 However that money may by used toward Te sky 12 MR SALMON It's a combination of the County 12 Lane rather than Country Club Road It's a little bit 13 and the City 13 complicated but because of the accelerated bond program 14 MR MCNEILL okay Thank you very much 14 that we re anticipating we think that we can use that 15 Coimmssioner Williams 15 money toward other projects that we need sooner than 16 MR WILLIAMS Yes I didn't hear of anything 16 Country Club Road and then put Country Club Road back in 17 specific I heard him say there was money around that it 17 the next bond election again because of the acceleration 18 may be but I didn't really hear anything specific And 1 18 of our current bond program if that makes any sense 19 think start knows that I kind of like for you to be 19 MR WILLIAMS Thank you 20 specific or either say you don't know 20 MR MCNEILL commissioners other questions 21 MR SALMON I said that we have money in our 21 for staff before we hear from the applicant? Thank you 22 current bond program, as well as the County's bond program 22 very much Is the applicant or the applicant's 23 to put toward Teasley Lane which is currently being used 23 representative here that would hke to make a statement? 24 for the environmental, State's environmental study to get 24 MR DONALDSON Greetings Mark Donaldson 25 the project started And we also have money currently in 25 Dowdey Anderson and Associates, 3216 Staghorn Drive in PLANNING AND ZONING OCTOBER 11, 2000 Page 37 - Page 40 14. CondenseIt' Page 41 Page 43 1 Denton I'm actually substituting for another one of our I that s a nmmber that he came up with at that tinier 2 staff members who's on vacation this week I'II make this 2 MS GOURDIE okay I guess there's just two 3 very brief and make ourselves available for questions 3 different feelings here which is interesting between yow 4 Also with me this evening are David Howell of Ashton 4 association and what the City has done so it would bL ni(,L 5 Development and Stephen Moore of ITS our transportation 5 to be on parallel or the same level there Thank you 6 consultants 6 MR MCNEILL commissioners other question, 7 As Beth has indicated, we're actually asking 7 for the applicant? Thank you very much I would hkt, to 8 for the creation of two zoning districts, a Single-Fain fly 8 make one continent there before we call for public I think 9 residential district and an environmentally sensitive 9 that what you've done here in terms of restudying tht. 10 area I left the environmentally sensitive area white 10 environmentally sensitive area is a model for other toll., I 1 here This is a boundary that has been determined by a I I because I hear comments like well, where do those an, is 12 flood study that our firm contracted for related to the 12 come from and you've gone out and done field studio, and 13 Wheeler Ridge and the Lexington Park development to the 13 found that the area really wasn't as large as It appLar.d 14 north and northeast So it's a pretty good boundary 14 to be and so we're able to more closely activate what , 15 Beth went over the density calculations from 15 really out there And I think that's a model for other 16 the interim regulations I'll just highlight then for 16 folks that are doing developing 17 you We're dealing with 37 8 acres two districts, 33 1 17 MR DONALDSON Thank you 18 acres of residential and 4 7 of environmentally sensitive 18 MR MCNEILL seeing no other questions 1 II 19 area 19 ask if there's anyone else in the audience who would UL 20 Doing the calculations using the base density 20 to speak to this item? Anyone else in the audiencL ti ho 21 for the residential area, that's 33 1 times 3 gives us 21 would like to speak to the uem9 Anyone else9 Setine 22 99 3 units Then transferring the density from the ESA 22 none Ill close the public hearing and ask staff it thL) 23 4 7 tunes half of the allowed 15 equals 7 We would be 23 have final closing remarks 24 allowed 106 units without doing any of the density 24 MS HUDSON in closing continents I'd like, to 25 increase factors 25 say that because this does meet the intent of the Page 42 Page 44 1 We're actually proposing 100 units which is a I Comprehensive Plan and we will be seeing a project plvi 2 2 65 units per acre on a gross basis and 3 0 units per 2 later that lays out specifically how the lots are going to 3 acre on the area net of the environmentally sensitive 3 be tying in with the connectivity points along the north 4 area So considerably less than the Comprehensive Plan 4 and off of Teasley that the staff is reconunenduig 5 allows 5 approval on this project 6 Also, with respect to the Teasley Corridor 6 MR MCNEILL Thank you Any questions) 7 Study I know about the assumptions that were used in that 7 Cormmssioner Williams 8 and we for all of the area that was unplatted and 8 MR W ILLIAMS Yes On the bluepnnt of the, 9 unzoned, a density of 3 5 units per acre gross was used to 9 drawing on No 8 in the legends and I don't want to rod 10 do the trip generation numbers We're coming in at a 10 it because I get more confused if I do could you tell as 11 number about 25 percent less than that So in a way we're 11 exactly what that means because it seems like the drain wo, 12 doing our small part to help the traffic on Teasley Are 12 features are not drainage features until later and maybt, 13 there any questions? I'd be more than happy to try to 13 not later sometime after awhile 14 answer them 14 MS HUDSON Basically what it's saying is 15 MR MCNEILL Commissioner Gourdte 15 that the proposed drainage features that they have nmd 16 MS GOURDIE Thank you Mr Donaldson, I 16 at this time are subject to change depending on furthLr 17 have a letter here from Marty Brown and in the letter it 17 studies that they have to do Right now they've donL 18 says that we will have approximately 80 lots with a 18 essentially a preliminary or draft drainage study And 19 density of 2 1 units per gross acre What has changed 19 when they get into the project plan stage and the planuie 20 since September 28th? 20 stage, they will be required to do a more extensive 21 MR DONALDSON I don't know All I know is 21 drainage study And at that time these features may bL 22 that the zoning plan that was submitted calls for a 22 required to be, for example, enlarged or they may hatL to 23 potential number of lots of 100 I know that in the 23 do piping for off-site drainage easements and those sorts 24 process of doing financial analysis for our clients, there 24 of things They will have to do drainage improvements 25 have been some preliminary lot layouts done and perhaps 25 MR WILLIAMS Thank you PLANNING AND ZONING OCTOBER 11, 2000 Page 41 - Page 44 15. CondenseIt" Page 45 Page 47 I MR MCNEILL other questions? Thank you very I been notified that the reconsideration will be moved it 2 much Conunisstoners, discussion or a motion9 2 requires a two thirds vote to adopt the motion to 3 Commissioner Rishel 3 reconsider 4 MR RISHEL I move to recommend the approval 4 Keep in mind, all the Commission memb s are 5 of ZP oo o15 with the following conditions all dwelling 5 nott I of the meeting so probably this rule w dn't 6 units shall have a minimum of 75 masonry coverage 6 even co into play with Robert's Rules E n under 7 MR MCNEILL Is there a second? 7 Robert's es it would only require a st le majority 8 MS HOLT Second 8 vote 9 MR MCNEILL Motion has been made and 9 MR WI AMS Thank you 10 seconded Any discussion? Seeing none, please vote on 10 MR MCN very good a next item on our I I the board Motion passes 6-0 11 Agenda is the Direct 's Report 12 Commissioners, do we need to take a 12 MR WILLIAMS id we o over these topics? 13 five-minute break or do you want to proceed on9 13 MR MCNEILL W n't got to that yet 14 MR WILLIAMS Take a break 14 MR WILLIAMS ok Thank you 15 MR MCNEILL All right Let's take a 15 MR RFICHHART Ofla to report 16 five mmute break then 16 MR MCNEILL I right a director has 17 (BREAK TAKEN) 17 nothing to report T next item on Agenda is buture 18 >needto Let me reconvene th ning 18 Agenda Items A Item A is a respon to an issue raisul 19 and Zoninston for the enton At this 19 by Cotmmsstot Williams sometime ago out a joint 20 point, we a vent about I think we all 20 meeting with e City Council As I mention last time o 21 received a d the letter really concerns 21 I had son to the mayor and we agreed that tit 22 the distribaterial at ntsston meetings And 22 ld come up with Agenda items Then th o the 23 I think t te way to han s is to state 23 mayor d I would look at those Agenda items and cot up 24 that going to address this issue at a 24 with a set of items that we could discuss at a future 25 shop 25 meeting And so last time you were encouraged to send Page 46 ge 48 1 So I think each of you have a copy of that 1 i rotation to staff or bring them tonight 2 er but I think we'll the letter is not die issue 2 I clunk we have an item here which has n 3 Th sue is the procedure for distributing mat prior 3 preset I assmne by Commissioner Gourds Is this 4 or d a Commission meeting, and we're g g to address 4 yours9 Commissioner Gourdie Basica it deals 5 that issu t a future workshop I think leg lso would 5 there's t topics here which need to be nsidere as 6 tike to ens a question that was raised a prior 6 possible Ag da items absenteeism, w 's the Councils 7 Commission ung 7 discussion on t or take on that w 's the process or 8 MR SKY Yes Comrniss or Williams asked 8 the procedure fo ecung a Chair d then what is the 9 me to look into what er Plannm nd Zoning Commissions 9 philosophy cc ncer Commis net s conduct 10 have typically had in th ay of les for motions for 10 And if I cou that the Item that 11 reconsideration I also loo Robert's Rules of Order 11 Commissioner Williams for which is what is the 12 to get the precise rule in ther I passed out a copy 12 philosophy of the Council ns of Planning and Zoning 13 of that What I did was I act to a municipal 13 I dunk we have basicall o ms that are up for 14 attorney list serve that g s out natt ide to municipal 14 placing on the Agend or the jot meeting Unless 1 15 attorneys throughout country and I sod the question 15 hear an objection to at, then that's a four [tents I 16 Quite cand y I didn't get much a 16 would send Iowa to the City Coune Commissioner 17 response I only a couple of responses a of those 17 Apple 18 two responses, I eir particular case, they jus ed a 18 MS A E I guess I'm confused b use 1 19 simple major for motions for reconsideration 19 thought the ose of that was to discuss It maybe 20 I p ed Robert's Rule of Order The rule 20 mutual pr ems or initial forward-thinking jec[s I 21 dealing w standing or special committees which I thi 21 guess so of those veins are already address We have 22 this Cc ission would be it would be a standing 22 e a ance policy in writing and we have our cedures 23 cc ilea Basically, the rule, and I underlined it in 23 fore ring a Chair in writing So I guess I'm conf 24 th andout, it says unless all members of the Committee 24 bu guess we can forward them and if Council has a 25 o voted with the prevailing side are present or have 25 o ton, I guess PLANNING AND ZONING OCTOBER 11, 2000 16 Page 45 - Page 48 D \Temp\Zomng Plan North Hickory Creek Rd doc ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR A ZONING PLAN FOR 37 8 ACRES LOCATED WITHIN AN AGRICULTURE (A) ZONING DISTRICT, TO CHANGE TO A SINGLE FAMILY (SF-10) DISTRICT TO ALLOW FOR SINGLE FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED NORTH OF HICKORY CREEK ROAD ON THE WEST SIDE OF TEASLEY LANE IN THE ELI PICKETT SURVEY, ABSTRACT NO 1018, 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 (ZP-00-015) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential interim regulations (the "Residential Interim Regulations"), and WHEREAS, the Residential Interim Regulations established, among other things, a Zoning Plan requirement in the event of a request to rezone property, and WHEREAS, on August 2, 2000, Dowdy Anderson & Associates, on behalf of Ashton Dallas Residential, applied for a change in zoning for 37 8 acres of land located north of Hickory Creek Road on the west side of Teasley Lane, from Agriculture (A) zoning district classification and land use designation to Single Family (SF-10) zoning district classification and land use designation with the intent to develop a single family subdivision with open space, and WHEREAS, said applicant has submitted for approval a Zoning Plan for this property under the Residential Interim Regulations, a copy of which is attached hereto as Exhibit "B" (the Zoning Plan"), and WHEREAS, on October 11, 2000, the Planning and Zoning Commission recommended approval of the requested change in zoning and the submitted Zoning Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, meets the requirements of the 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 I The zoning district classification and land use designation of the 37 8 acres property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agriculture (A) zoning district classification and land use designation to Single Family (SF-10) zoning district classification and land use designation under the comprehensive zoning ordinance of the City of Denton, Texas to allow a single family subdivision with open space The Zoning Plan and said change in zoning are hereby adopted, subject to the following condition 17 All dwelling units shall have a minimum of 75% masonry coverage SECTION 2 The City's official zoning map is amended to show the change in zoning district classification SECTION 3 If any provisions or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4 That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 12000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL F RM HERBERT L PR TY, CIT ATTORNEY BY 18. Exhibit A - Legal Description All that certain tract or parcel of land lying in the Eli Pickett Survey, Abstract Number 1018, Denton County, Texas, and being the portion called 37 758 acres, being a portion of the 54 507 acre tract described in a correction warranty deed from George T Connell, Jr to Dwight Thompson Ministries, Inc , and recorded under County Clerk's file number 95-R0024387, Real Property Records of Denton County, Texas, and being more particularly described as follows Commencing at an iron rod at the southeast corner of said 54 507 acre tract, said corner being at the intersection of the center of Hickory Creek Road and the west nght-of-way line of F M Road 2181, and being on the south line of said Pickett Survey, Thence North 87 degrees, 28 minutes, 57 seconds West with the center of said Hickory Creek Road and the south line of said Pickett Survey a distance of 617 84 feet to an iron pin, Thence North 02 degrees, 17 minutes, 31 seconds East a distance of 1209 17 feet to an iron pin being the Point of Beginning of said tract, Thence North 87 degrees, 42 minutes, 53 seconds West a distance of 626 65 feet to an iron pin for a corner, Thence North 03 degrees, 47 minutes, 01 second East a distance of 307 83 feet to an '/z" iron rod for a corner, Thence North 84 degrees, 10 minutes, 51 seconds West a distance of 25 22 feet to an iron pin for a corner, Thence South 85 degrees, 45 minutes, 33 seconds West a distance of 1183 77 feet to an /z" iron rod for a corner, Thence North 01 degrees, 24 minutes, 01 second East a distance of 579 81 feet to an '/Z" iron rod for a corner, Thence North 89 degrees, 38 minutes, 58 seconds East a distance of 2381 65 feet to the west right-of-way line of F M Road 2181 for a corner, Thence South 00 degrees, 01 minute, 25 seconds West a distance of 864 68 feet along the west right-of-way line of F M Road 2181 to an '/2" iron rod for a corner, Thence North 87 degrees, 42 minutes, 53 seconds West a distance of 584 43 feet to the Point of Beginning and containing 37 758 acres of land 19 DORDEY, ANDERSON AND ASSOCIATES PLANO, TEXAS _i pa EXHIBIT B i ~ ~ i ~ rn ■ua Porun (wPU un xar w RRRerI (rw,Pn sin raaP aa, RTi.we.r) my ! ~ i 1 ~ ~ ~'.orPnaLPe ~ WO OY.~ !i ~ I g §qM yy ee r P.• a8 + y~~I~jyp~~i~a~ BRg E G -tm a g(~ ii In i~ 6 g$qR A ~ ~ i i C~ ~ j X r a +P+ ,N S Ila yy~~♦QN a" s yt iytaly QQQ~ 1{ P a!A •A )a ISN PI .i ` g 311 , i Isq, AA)Tlrl a I all q[, s•~ lmi ! fill j III'm i a gp ~3 a a i ~a ~d R♦ B§~$ till -P1 FR - - - iLTTT-~ I`~~ R ~ u R7 N - w g~ Aa (RCCI Nu YFiOnIK L1.LRCTI e R jaii~ M aR 9a! 20 Aaanda No.. aPO- 04g Agenda Ite 'L✓- Oate_ l/ E &O AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2000 DEPARTMENT: Community Development CM/DCM/ACM: David Hill, 349-8314 SUBJECT Adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Workforce Commission to certify City of Denton expenditures for child care services and request Federal matching funds, authorizing the City to certify child care expenditures, approving the expenditures of funds, and providing an effective date BACKGROUND Funding is available through the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) to supplement the City's current efforts to assist low and moderate-income households with child care The Texas Workforce Commission administers the "Child Care Local Initiatives" program Under the program, local governments may contribute funding for child care or certify eligible child care expenses This agreement will allow the City of Denton to certify eligible child care expenditures and receive up to $205,382 in Federal matching funds The funds received from TWC will be used to provide additional child care opportunities for low to moderate-income households ESTIMATED SCHEDULE OF PROJECT All expenditures eligible for certification for the 2000 - 2001 program year are required to be expended on or before August 31, 2001 Plans to expend Federal match dollars will be developed by a committee consisting of Human Services Committee members, local child care providers, the United Way of Denton County and other interested parties City Council I will review and approve the plan for use of the matching funds It is projected that matching funds will be expended within two years of the date received PRIORACTION/REVIEW (Council Boards Commissions) The Human Services Committee has been informed of the opportunity to receive Federal matching funds and is supportive of staff efforts in this area Page 1 FISCAL INFORMATION The following is a list of budgeted child care expenditures for the 2000 - 2001 fiscal year Each of these programs qualifies for the Federal match dollars PROGRAM FUNDING AMOUNT SOURCE Boys and Girls Clubs-Owsley After School CDBG 12,300 Program Denton City-County Day School General Funds $26,000 Fred Moore Day Nursery School General Funds $38,000 PARD-After School Action Site CDBG $15,000 PARD-Kings Kids Day Kamp CDBG $19,800 15'ARD-Owsley Summer Program CDBG $12,600 PARD-Scholarships $101000 Total Eligible for Local Share (39 43 $133,700 00 Total Federal -Match to be Reimbursed (60 57%) $205,382 00 BID INFORMATION Local child care providers may be asked to submit service proposals to increase child care opportunities for low-income households ATTACHMENTS Ordinance, pages 3-4 Texas Workforce Commission, Child Care Local Initiatives Agreement, pages 5-9 Respectfully submitted iI nda Ratliff 17 Director of Community Development Prepared by Barbara Ross Community Development Administrator Page 2 S \Our Documents\Ordmances\00\twc agreement Ord doc ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS WORKFORCE COMMISSION TO CERTIFY CITY OF DENTON EXPENDITURES FOR CHILD CARE SERVICES AND REQUEST FEDERAL MATCHING FUNDS, AUTHORIZING THE CITY TO CERTIFY CHILD CARE EXPENDITURES, APPROVING THE EXPENDITURES OF FUNDS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City contributes both general fund and Community Development Block Grant resources to the provision of child care for low and moderate-income households, and WHEREAS, Federal matching funds are available subsequent to Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 from the Texas Workforce Commission("TWC") based on the expenditure of City of Denton funds, and these funds can be used to expand the availability of child care for eligible Denton households from October 1, 2000 to August 31, 2003, and WHEREAS, the Agreement with TWC will provide the opportunity to obtain matching funds and the City Council deems it in the public interest to enter into this Agreement, and WHEREAS, the City desires to use the matching funds provided to develop programs that create additional day care opportunities for low to moderate-income households NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Council hereby approves the Agreement attached hereto, between the City of Denton and the Texas Workforce Commission to certify City child care expenditures and request Federal matching funds, and authorizes the City Manager, to execute said Agreement or any other document necessary to the Agreement or the program SECTION 2 The City Council authorizes staff to certify the expenditure of child care funding as provided in the Agreement SECTION 3 The City Council authorizes the expenditures of funds in the manner as specified in the Agreement SECTION 4 The ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 Page 3 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY cfcte' L S \O., DocemenuW rdlnmemWMTWC Agreement Ord doe Page 4 TEXAS WORKFORCE COMMISSION Child Care Local Initiatives Agreement Cover Sheet m rz NOW . y " " ' , City of Denton y~ iai~ 100 W Oak, Denton, Texas 76201 1d€ rz ,..i i` d ' s fli ; E, 75-6000514 rz st , E „a Unit of Government jM7 t Dan Leal PANP Kelley Fontenot PId~ ',t 940 349 7234 H4 PI$ '10E1t 817 695 9236 940 383 2445817 640 6480 € DALEALt7a,cityofdenton corn 1 0050 Kfonteno@dfwmfo corn aiil@ t V"' ,r~ is s r± I Ir it n~" t=, ~ k @,Gait~t i, i ~ Direct Quality Child Care Arranged through the Child Care Contractor rr rzi Ii a• Cfflt C `11 ION Certification r4 $133,700 The Contributor seeks to expand or enhance child care and learning by making local funds available (as indicated above) The Contributor agrees to perform under this contract in compliance with all applicable Federal and State laws, regulations, and rules, and in accordance with the provisions of this FY 2001 Child Care Local Initiatives Agreement consisting of the following parts • Agreement Cover Sheet • Part A - Signature Page • Part B - General Contract Terms • Part C - Contribution Schedule All are hereby incorporated mto this contract and constitute promised performances by the Contributor and the Board All parties understand and agree that during this agreement period the federal matching share will be the appropriate Federal Medical Assistance Percentage for Texas Local Initiative Agreement Template Page 5 Rev 8/7/00 CHILD CARE LOCAL INITIATIVE AGREEMENT PART A: SIGNATURE PAGE SIGNATURES For the faithful performance of this contract as delineated, the parties below affix their signatures and bmd their agencies effective 10/1/00 and continuing through 8/31/01 APPROVED AS TO LEGAL FORM Herbert L Prouty, City Attorney CONTRIBUTOR CITY OF DENTON Signature Name Michael Jez Date Title City Manager ATTEST Jennifer Walters, City Secretary Date WORKFORCE DEVELOPMENT BOARD LWDA# 04 Mike Eastland, NCTCOG, Executive Director Date "In its capacity as the Board designated Grant Recipient for the North Central Texas Workforce Board" The Texas Workforce Commission hereby accepts this pledge of funds to be used as required "match" for federal funds Cassie Carlson Reed Date Executive Director Local Initiative Agreement Template Page 6 Rev 8/7/00 CHILD CARE LOCAL INITIATIVES AGREEMENT PART B -GENERAL AGREEMENT TERMS SECTION 1 Legal Authority The Texas Workforce Commission (the Agency) is the lead agency in Texas for the administration of child care and development funds available under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Federal regulations (45 CFR 98 53) allows the Agency to accept donations from any entity and transfers or certifications of fund availability from public agencies that may be used as match for available federal funds SECTION 2 The Contributor, by executing this agreement, certifies that a It is not currently a party to an administrative proceeding pending before the Agency The parties to this agreement, furthermore, understand and agree that if the Contributor should become a party to an administrative proceeding before the Commission prior to acceptance of this agreement by the Agency, this agreement shall be void b The Contributor does not now have a contractual relationship with Agency for services or products of a value of $50,000 00 or greater, nor does it currently have a bid before the Agency for such a contract, except for a contract or bid which relates solely to providing child care services c Upon execution of this agreement, the Contributor shall not enter into a contract with the Agency or submit a bid in response to a request for proposal issued by the Agency before the first anniversary of the date on which the Agency accepted a donation from the Contributor unless the contract or bid relates only to providing child care services SECTION 3 The Contributor agrees as follows a To keep, and make available to the Board, upon request, records adequate to show that the local/state funds put forth in this contract are eligible for matching purposes b That child care services, including the expansion and enhancement of early care and learning covered under this agreement, are only those provided in accordance with all applicable local, state and federal laws and regulations Such services covered by this agreement are as follows (insert service description language) • City of Denton will certify expenditures of not more than $133,700 00 through the Child Care Local Initiatives Agreement with the North Central Texas Council of Governments during fiscal year 2000-2001 (October 1, 2000 - August 31, 2001) • All funds contributed by the City of Denton will benefit children from low to moderate-income families who meet North Central Texas Workforce Development Board income eligibility limits and reside in the Denton city limits • The City of Denton Community Services Division will be responsible for overseeing the agreement with the Human Services Coordinator serving as contract administrator • The City of Denton's Human Services Committee will develop a subcommittee that may include local non- profit childcare providers, other CCMS vendors, the United Way of Denton County, social service agencies and the private sector to insure effective use of local initiatives match dollars The Committee will meet regularly to develop and assist in implementation of childcare programs using Federal match dollars • Federal match dollars provided by the Texas Workforce Commission will be used to create additional day care opportunities for low to moderate-income families who meet North Central Texas Workforce Development Board income eligibility limits and reside in the Denton city limits c To provide the Board with information detailing services and expenditures in the format and within the time frames prescribed by the Agency d To provide the Board with data needed for federal reporting purposes upon request Local Initiative Agreement Template Page 7 Rev 8/7/00 e Make payments to the Agency, or certify expenditures, in the manner and schedule described in Attachment B, Contribution or Certification Schedule SECTION 4 The Board agrees as follows a To use the funds donated or transferred by the Contributor, and the resulting federal funds, to purchase child care services, including quality enhancement activities, consistent with the intent of this agreement b To inform the certification Contributor of the time frames and procedures for certification of expenditures during the funding period c To prepare all reports to the federal government on expenditures and services in order to obtain federal matching funds d That the services covered under this agreement are only those provided in accordance with all applicable local, state and federal laws and regulations e To remit to the City of Denton the full amount of PRWORA Funds received by TWC from the federal government which are attributable to the certification by the City of Denton under this agreement SECTION 5 The Board and the Contributor agree as follows a That performance under this agreement is contingent upon the final acceptance of this agreement in an open meeting by a majority of the Commissioners of the Agency and signature by the executive director of the Agency b That agreed upon local operating plans and procedures, which must be in compliance with Agency policies and procedures, will be used to implement and carry out the terms and intent of this agreement c That this agreement is contingent upon the availability of federal child-care and development funds If such funds are otherwise unavailable or reduced, written notice will be given by any party of termination, payment suspension or funding reduction d That in the event that adequate local funds for the purpose set forth in this agreement are not received by the Agency, or certified as expended, in accordance with Attachment B, Contribution or Certification Schedule, the Agency may terminate this agreement and/or services funded under this arrangement e The Contributor is under no obligation to continue its donation or transfer of funds in the event that the federal fund generated by this agreement are not used consistent with the terms of this agreement e The terms and conditions may be amended by the written agreement of the parties at any tune, contingent upon acceptance of the amended terms and conditions by the Agency f If federal, state or local laws or other requirements are amended or judicially interpreted so as to render continued fulfillment of this contract, on the part of any of the parties, substantially unreasonable or impossible and if the parties should be unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated herem, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination g That this agreement may be terminated by Board, the Contributor, or the Agency, for any reason, upon written notification to the other party of at least 30 days in advance of such termination Local Initiative Agreement Template Page 8 Rev 8/7/00 PART C - CONTRIBUTION OR CERTIFICATION SCHEDULE 1. 11/00 7186 2. 12/00 7186. 3. 1/01 7186 4. 2/01 24126 5. 3/01 7186 6. 4/01 7186 7 5/01 7186. 8. 6/01 7186 9. 7/01 7186 10. 8/01 7186 11 9/01 44900 12 133,700 Local Initiative Agreement Template Page 9 Rev 8/7/00 Agenda No, OD - D 4 t? ~,I Agenda Item date 7 ~o AGENDA INFORMATION SHEET AGENDA DATE November 7, 2000 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attorney SUBJECT - An ordinance of the City of Denton, Texas, amending Section 4 2 of Ordinance No 94-183 as amended, relating to the rules of procedure of the city council to allow the Mayor, City Manager or three council members to call a special meeting and to designate a location for a special called meeting, providing a repealing clause, and providing an effective date BACKG&OUND - As you know we intend to post open meeting notices for the upcoming neighborhood meetings and open houses pertaining to the Development Code Subsection 2 05(b) of the City Charter provides that "All meetings of the council shall be held at the city hall unless the council shall by ordinance or resolution designate another place" The purpose of the proposed ordinance is to allow the Mayor, City Manager or three council members to designate the meeting location for special called meetings PRIOR ACTION REVIEW -None OPTIONS: 1 Approve the ordinance 2 Approve the ordinance with revisions 3 Not approve the ordinance FISCAL IMPACT - No fiscal impact Respectfully submit d, Herbert P uty City Attorney S \Our Documents\special meeting agenda information sheet doc S \Our Documents\Ordinances\00\Special Meetings Of Council doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 4 2 OF ORDINANCE NO 94-183 AS AMENDED, RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL TO ALLOW THE MAYOR, CITY MANAGER OR THREE COUNCILMEMBERS TO CALL A SPECIAL MEETING, RATIFYING MEETINGS AND ACTIONS OF THE MAYOR, CITY MANAGER OR THREE CITY COUNCIL MEMBERS CALLING A MEETING AT A DIFFERENT LOCATION, AND TO DESGINATE A LOCATION FOR A SPECIAL CALLED MEETING, PROVIDING A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 94-183, Section 4 2 is amended to read as follows 42 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, Tex Gov't Code Ann §35100 1, et seq (Vernon 1994, as amended) The Mayor, City Manager, or three of the council members may designate a location for the special meeting as long as the location is open to the public and is within the city limits of the City of Denton SECTION 2 All previous meetings and all actions by the Mayor, City Manager or three members of the council in calling a meeting at a location other than city hall are hereby affirmed, ratified and approved, SECTION 3 All ordinances that conflict with this ordinance, including Section III of Ordinance No 97-220, are hereby repealed SECTION 4 That this ordinance shall become effective on November 1, 2000 PASSED AND APPROVED this the day of , 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY S \Our Documents\Ordmances\00\Special Meetings Of Council doc APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ire i rv Ct~✓Y`~ Agenda No 104 6 Agenda Item z Date AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2000 DEPARTMENT- Fiscal Operations ACM Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services SUBJECT Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District, and declaring an effective date BACKGROUND The Appraisal Review Board hears all appeals that are presented to the Denton Central Appraisal District (DCAD) during the months of May through July and throughout the rest of the year as appeals are requested Since this is a very time consuming process during May through July, the individual who serves on the board should be available full time during these months Members of the Appraisal Review Board serve two-year terms Though the Appraisal Review Board members are nominated by taxing jurisdictions they are appointed by the DCAD Board of Directors Nominations are due to the DCAD by November 30, 2000 The Board of Directors is scheduled to make their selection during their December meeting I have attached information from the DCAD concerning the qualifications, appointment and compensation of members of the Appraisal Review Board Also attached is a list of current Appraisal Review Board members and their terms PRIOR ACTION/ REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None Respectfully submitted Diana AG Ortiz Director of Fiscal Operations S \Our Documents\Resoluuons\00\Appratsal Review Board doc RESOLUTION NO A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office for various Appraisal Review Board members of the Denton Central Appraisal District will expire on December 31, 2000, and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the City of Denton, Texas hereby nominates and as members to the Appraisal Review Board of the Denton Central Appraisal 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 BY APPRAISAL REVIEW BOARD Qualification Appointment and Compensation Who Can Serve? To serve on the ARB, you must have lived in the appraisal district for at least two years before taking office You don't need any special qualifications, but you may not serve on the board if you are In county of more than 100,000, a person is mehgible if the person (1) has served all or part of three previous temas, (2) is a former member of the board of directors, officer, or employee of the appraisal district, (3) if the person served as a member of the govermnjbody or officer of a taxing unit for which the appraisal district appraises property, until the 4 anniversary of the date the person ceased to be a member or officer or (4) has ever appeared before the ARB for compensation You also may not serve as an ARB member if you are closely related to a person who operates for compensation as a tax agent or is in the business of appraising property for property tax purposes in the appraisal district Relatives barred are those within the second degree of consanguinity or affinity If you knowingly violate this provision, you commit a class B misdemeanor This provision took effect September 1, 1989, and applies only to ARB members serving terms that began after that date The law also bars from ARB service members who contract with the appraisal district or with a taxing unit in the appraisal district The bar applies if the member or a business entity in which the member has a substantial interest contracts with the appraisal district or a taxing unit that participates in the appraisal district Likewise, the same taxing units and the appraisal district are each prohibited from contracting with an ARB member or a business entity in which an ARB member has a substantial interest Substantial interest is defined as either 1 Combined ownership by the member or the member's spouse of at least 10 percent of the voting stock or shares of the business 2 Service by the member or the member's spouse as a partner, limited partner or officer in the business entity You may also not serve if you hold some other paid public office The Texas Constitution does not allow a person to hold more than one paid public office S B 1017 requires the Comptroller to approve curricula, provide materials and supervise a course for training ARB members The Comptroller shall issue certificates indicating course completion All ARB members must complete the course or may not participate in ARB hearings ARB Terms and Size Members serve two-year staggered terms, approximately half the member's terms expire each year Terms begin January 1 The appraisal district directors appoint ARB members by a majority vote and record their decision in a resolution ARB Compensation The ARB receives a $50 00 minimum for a half day and $12 50 an hour for any hours worked after the $50 00 minimum The maximum pay is capped at $100 00 per day ARB Meetings ARB regular meetings are the third Wednesday of each month at 9 00 A M ARB reappraisal hearings will start on a daily basis, as needed, from late May until the appraisal roll is approved usually in late July Meetings will normally be from 9 00 A M to 5 00 P M Effective January 1, 1998, ARB's must provide hearing times in the evening and on a Saturday or Sunday The Board of Directors of the Denton Central Appraisal District is considering you as a possible member of the Appraisal Review Board The Board of Directors will choose seven members for a two year term The selection will be made at the next Board meeting Would you please answer the following questions and return to the District as soon as possible Name Address Address Phone Jurisdiction 1 Would you be willing to serve> If so you would need to be available from mid May until the end of July The Board meets from 9 00 a m to 5 00 p m until the roll is certified There will also be meetings periodically throughout the year 2 Have you ever been an officer or employee of the appraisal district 3 Have you ever served on the appraisal districts board of directors? 4 Have you ever been a member of the governing body or an officer of a taxing unit for which the appraisal district appraises property? If so, has it been the 4th anniversary of the date you ceased to be a member or officer') 5 Have you ever appeared before the ARB for compensation? 6 How long have you resided in Denton County? 7 Occupation 8 Do you have any prior experiences serving on an appraisal review board or any board that has to do with property value? 9 Could you make a decision based on evidence rather than feelings for the taxpayer9 10 The property tax code requires that all property be valued at 100% of market value Could you keep this in mind throughout the proceedings? 11 Would you be willing to work nights and weekends if necessary? The Board of Directors will notify you of their decision Board of Directors Denton Central Appraisal District i 2000 APPRAISAL REVIEW BOARD H W SPROWLS Term Expires 12/31/2001 (Lewisville) ROLAND LANEY Not eligible for re-nomination (Denton) BARRY G KING Term Expires 12/31/2001 (Denton) PATSY L MONCRIEF Term Expires 12/31/2001 (Justin) W GARLAND THORNTON, JR Term Expires 12/31/2001 (Denton) RAYMOND REDMAN Term Expires 12/31/2001 (Denton) JOHN HAY Term Expires 12/31/2001 (Justin) i PEARL FORD Term Expires 12/31/2001 (Trophy Club) NEAL SCHEITEL Tenn Expires 12/31/2001 (Aubrey) ROBBIE GOBER Term Expires 12/31/2001 (Denton) CHARLES OSBORNE Tenn Expires 12/31/2001 (Pilot Point) I I I_ _ i 9, a 1 . i gg S ~ W U ~ W 4 ~ h N i , ~A ~ ~ C~ O fY V q O~ ~ ~V h W ~ , • WW HW~C~ W UV~ W~ a Z a o W o LEX NGTON PARK ~ W~~ NA P ELIMIN RY P T PEN NG ~o ~ °p W ~ 58, 169 AC ES ~ _ _ SHTON DALLAS RESIDE TIAL W , Z ~ ~ a E~ Z NED: -10 i ~ ~ ~ I o ~ EXISTI G LAN USE:. GRICU TURF W INGLE FAMILY HOMES I I I ~ , L _ _ 989 38 53 W 238 .38 i H ~ I i 600 .._w...4_.~,~ A W APPROX. LOCATION • W A X., LOCATI( ~ ~ ~ OF CCESS° OF ACCESS U a `4 N ~ ~ ~ ~ r\ ~ ~ ~ ~ ,w ~ I ~ ~ o ~ APPF E•• V W ~ O O W E~ ~ ~ ~ +JAhV'd W ~a ~ ~ W ~ ~ h Q4 i~. N A o ~ ~ ~ ~ O I ~ h W `0 ~ ,4i ~ ~ ~ a ~ ty ~ F-,' ~ W ~ N a ww ~ Z ~ h ~ ~ ~ ~ ~~j~. N ~ ;V non en► I ~n~~~T n~ p~'r`IA~AI ~~f~~-'-~/ t ~1. . O O i >C A - , - ~ W Z PR POS D REE EXISTING POND RES VA ON REA ~i RP 0 OSED rn DETEN o AR E 2 (SEE N TE i6) N8 08 01 W t. 118 64 25.1.6 '47 37 W S r r HICKOR r r o Y REE STATES D. I ~ o o VOL. 4176, G. 239 O ~ N /R.P.R.D,C.T. W r N l > > O t9 ,4 ' I ~ ~ °j r, ~ M O Z BLOCK A CHAU CER ESTATES k CAB. ~ b R, PG. 267. ! P.R. D.C.T.) 4 TINA LAUER ZONE SF-7 c 56 , VOL. I 4468, PG. 74~ N8 / 740 45 W ..EXISTING LAND USE: SINGLE FAMILY RESIDENTIAL l R.P.R.D. C. T. i ZO NE A z NOTES: GEORG E AVERAGE DAILY DEMAND, 1, SELLING A PORTION OF THIS ADDITION BY METES AND BOUNCS , BASE DENSITY: VOL. IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS ` .(100 UNITS) X (3.2 PER CAPITA) X (180 GPD) = 57,600. GPD 3.0 UNITS PER ACRE., X 37.8 .ACRES = 113.4. UNITS SUBJECT TO FIN ES AND WITHHOLDING OF UTILITIES AND BUIL[~ING (R.I PEAK DAILY DEMAN : E.S.A. TRANSFER:..... PERMITS.. D Z~ _ 4.7 ACRES / 2X3 UNITS/ACRE = 6,3~ INCREASE = 7.1 N 57,600 GPCD X 2.25 - 129,600 GPD ) UNITS 2. ALL COMMON CARRIER EAS EMENTS THAT WE ARE AWARE OF ARE SHOWN. y OPEN SPACE: 3. IT IS PROPOSED THAT THI PEAK HOUR DEMAND: S DEVELOPMENT SHALL TAP ~ ~ 1,25tAc. TREE PRESERVATION AREA INTO TPE EXISTING 18 WATER LINE EXISTING IN TEASLEY ROAD. ~ N 129,600 GPD X 1.58 = 204,768 GPD DESIGN FEATURE: I a 4. IT IS PROPOSED THAT THIS DEVELOPMENT SHALL TIE INTO TH[ SEWER LINE TO BE CON i , ~ ASSUME 3 DESIGN FEATURES (IF REQUIRED STRUCTEO ~ ) IN TEASLEY ROAD.FOR THE PROPOSED WHEE R LE RIDGE SUBD111SION. ~ o DENSITY INCREASE OF 0.1 UNITS PER ACRE IS AWARDED FOR EVERY N THREE DESIGN FEATURES PROPOSED. 5. IT IS PROPOSED THAT THIS DEVELOPMENT SH ALL UTILIZE A S_RIES OF LAKES TO CONTROL STORM 37.8 ACRES X D,1 UNITS PER ACRE = WATER .RUNOFF. PRELIMIN ~1 1 td 3.8 UNIT5 ARY ENGINEERING WILL BE PROM DED DURING THE PLATTING PROCESS!; AND AVERAGE DAILY FLOW: AN AD ITI a D ONAL CLOMAR STUDY PREPAR ED AND SUBMITTED FQR ARMY CORPS OF ENGINEER REVIEW. ~4 TOTAL: (100. UNITS) X (3.2 PER CAPITA) X (100 GPD) = 32,000-GPD U' 124 UNITS / 37,8 ACRES = 3,3, UNITS PER ACRE 6. WITH THE AMOUNT OF FLOODPLAIN (TO BE DETERMINED) ON THIS PROPERTY, WE ESTIMATE THAT A £ - : PEAK HOUR FLOW: DESITY AS PR P HOUSING DENSITY OF 2.7 UNITS PER GROSS ACRE CAN BE ACHEIVED. 0 0 OSED ; 5 X 32 000 GPD = 160 000 GPD 0.1 M 100 UNITS 37,8 ACRES = 2.9 UNITS PER A R ( ) / 6 GD / C E 7, DISCHARGE FROM ANY DETENTI o ON POND OUTFAIL OR STORM DRAIN OUTFACE MAY REQUIRE AN _o OFFSITE DRAINAGE EASEMENT TO ACCOMODATE FLOW. IF AN OFFSITE DRAINAGE EASEMENT N 5 REQUIRED, A STUDY SHALL BE MADE OF THE OFFSITE PROPERTY TO DET:RMINE THE SIZE OF THE D AINAGE ~ EASEMENT TO ACCOMODATE THE FLOW. s- Q ~S 8. ACCEPTANCE OF THE DRAINAGE FEATURES IDENTIFIED ON THE ZONING PLAN ARE SUBJECT TQ' CHAN F DURING. ~ GE l N q ~ THE PROJECT PLAN, PRELIMINARY PLAT, OR FINAL PERT PROCESS AND DO NOT I ROBINSO L . sr CONSTITUTE i N SUBSEQUENT APPROVAL OF SAME. THE CITY RESERVES THE RIGHT TO REQUIRE ADDITIONAL DATA I a r - OR STUDIES TO ENSURE COMPLIANCE WITH CITY OF DENTON SUBDIVISION AND LAN EXISTING ZONING. D REGULAT1bNS, I A DRAINAGE DESIGN CRITERIA AN U7 Y ~ b COMPRHENSIVE MASTER DRAINAGE PLAN. w a EXISTING LAND USE: AGRICULTURE z ~ 9: ALL ADJACENT OWNERSHIPS ARE SHOWN. FOR AT LEAST 300',. HICKORY CREEK ESTATES ~ i ' a ~ ~ ~ PROPOSED. ZONING: SI -10 ADJACENT LOTTING IS SHOWN FOR REFERENCE PURPOS ~ SITE r o ES ONLY. LOTS OWNERSHIP LIES !~f'=. w a WITH DEVELOPER. PROPOSED LAND USE: SINGLE FAMILY RESI~FNTIAi _ to DETAILED LOTTING CONFIGURATION AND DESGN ELEMENT FEATURES WILL BE DEPICTED ELI PICKETT SURVEY, ABSTRACT No. 1018 FLOW INTO E EXISTING HICKORY. CREEK ESTATES PUBLIC DETEN110N FACILITY. GROSS AREA OF SUBDIVISION = 37.759 Ac. ON THE ZONING PROJECT PLAN WHICH WILL INCLUDE DETENTION POND LOCA110NS AND BOTH DETENTION AREAS WILL DETAIN TO LESS THAN PRE-DEVELOPMENT FLOWS. CITY OF DENTON, DENTON COUNTY, TEXAS POTENTIAL NUMBER OF T = POINTS OF ACCESS. " LOS 100 + OPEN SPACE /FLOOD /FLOOD PLAIN 0 11. COMPATA APPLICANT ~ POTENTIAL AREA OF BLITY FEATURES ARE LIMITED AS THERE IS NO DEVELOPMENT ON ACCESSIBLE RESIDENTIAL LOT USE 33f Ac. ADJACENT PR OPERTIES.THE PROPERTY TO THE NORTH WILL BE DEVELOPED AS PART OF LEGEND: PLANNER/ENGINEER/SURVEYC ASH585pAL~~ pIARKW~Y, L.L.C. DOWDEY ANDERSON^dc ASSOCIATE, a p AREA OF OPEN SPACE/FLOOD PLAIN = 4.7t Ac. THIS DEVELOPMENT. THIS PROJECT IS NOT BEING DEVELOPED AS A PLANNED DEVELOPMENT. c" o A SMALL CON TIGIOUS PORTION OF HICKORY CREEK ESTATES IS UNDER CONSTRUCTION 0 TO THE SOUTHEAST. IT IS SIMILAR IN NATURE BEING BRICK SINGLE FAMILY HOMES. I VICINITY'' MAP HICKORY CREEK 9 ESTATES PROVIDES NO CONNECTIONS TO THIS PROPERTY. g u •Q L Q