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November 14, 2000 Agenda
AGENDA Agenda No CITY OF DENTON CITY COUNCIL Agenda Item November 14, 2000 Date i? ) After detarniming that a quorum is present and convening in an Open Meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, November 14, 2000 at 515 p in in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda When items for consideration are not listed under the, Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p in and will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Meeting [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEX GOVT CODE Section 551 086(c), the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551 086(b)(3) The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting If the City Council fails to determine by a majority vote that the particular agenda item satisfies the requirements of Section 551 086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting ] A Deliberations Regarding Certain Public Power Utilities Competitive Matters Under TEX GOV'T CODE Section 551 086 (1) Receive competitive electric and commercial information from one of the City's Texas Municipal Power Agency ("TMPA") Board Members and/or City Staff pertaining to certain matters respecting present and future maintenance issues, financial issues, operational issues, legal and compliance issues, and other related issues and strategies concerning the City's interest in, and its business relationship with TMPA, and discuss, deliberate, consider, and provide such TMPA Board Member and/or Staff with direction regarding such matters ANY FINAL. ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ON14Y 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 O THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL IkESERVESTHE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551001, ET SEO (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551071-551086 OF THE TE S OPEN MEETINGS ACT Work Session of the City of Denton City Council on Tuesday, November 14, 2000 at 6 00 p in in the Council Work Session Room in City Hall, 215 E McKinney Street, Denton, Texas at which the following items will be considered City of Denton City Council Agenda November 14, 2000 Page 2 NOTE A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City cominittees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings 1 Receive a report, hold a discussion, and give staff direction concerning a proposed Community Emergency Management Program called CHER CAP (Comprehensive Hazmat Emergency Response Capability Assessment Program) 2 Receive a report, hold a discussion and give staff direction regarding the Neighborhood Empowerment Program (NEP) 3 Receive a report, hold a discussion and give staff direction regarding the creation of an International Sister Cities Program 4 Receive a report, hold a discussion, and give staff direction regarding the ongoing provision and updating of development-related data 5 Receive a report, hold a discussion, and give staff direction regarding the definition of open space as related to development regulations and exactions 6 Receive a report, hold a discussion and give staff direction regarding gambling devices and the feasibility of licensing and taxing certain coin-operated machines within the City of Denton 7 Receive a report, hold a discussion and give staff direction regarding the relocation of utilities due to Hwy 380 expansion from Locust Street to Loop 288 8 Receive a report, hold a discussion and give staff direction regarding approval of a professional services contract with Alan Plummer and Associates for the design of an effluent reuse line to be installed along Mayhill Road 9 Receive a report, hold a discussion and give staff direction regarding group homes City of Denton City Council Agenda November 14, 2000 Page 3 10 Receive a report, hold a discussion and give staff direction regarding state annexation law, boundary adjustments to annexation tracts, and agreements in lieu of annexation (Ryan/Country Club Annexation A-101 & US377/I35W Annexation A-102) Following the completion of the Work Session, the Council will convene in a Special Called Meeting in the City Council Chambers to consider the following 1 Consider and take action regarding an involuntary annexation and service plan for approximately 1,446 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ET,n, for the following tracts Tract #1: approximately 504 acres of land located in the southwestern side of the City of Denton's extraterritoriallurisdiction west of US Highway 377, south of Allred and north of Johnson Lane Tract #2: approximately 940 acres of land located in the southwester side of the City of Denton's extraterritonal,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 37 tract #3: approximately 17 acres of land located northeast of the intersection of Corbin and Bonnie Brae a Consider and take action on amendments to the boundaries of the proposed annexation by deleting certain properties currently included in the above referenced tracts from the annexation proceedings, and b Consider and take action on amendments to the service plan for the proposed annexation regarding the above referenced tracts 2 Consider and take action regarding an involuntary annexation and service plan for approximately 1,280 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract #1: approximately 1,276 acres of land located on the southwestern side of the City of Denton's extraterritoriallurisdiction 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 extraterritonal,lurisdiction west of Montecito, south of El Paseo and east of Santa Monica a Consider and take action on amendments to the boundaries of the proposed annexation by deleting certain properties currently included in the above referenced tracts from the annexation proceedings, and b Consider and take action on amendments to the service plan for the proposed annexation regarding the above referenced tracts City of Denton City Council Agenda November 14, 2000 Page 4 3 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 WORK SESSION ROOM 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 140, oB _ Agenda Item Date l - - OO AGENDA INFORMATION SHEET AGENDA DATE: November 14, 2000 DEPARTMENT: Fire Department CM/DCM/ACM: Jon Fortune, Assistant City Manager \1U SUBJECT: U Receive a report, hold a discussion, and give staff direction concerning a proposed Community emergency management program called CHER-CAP (Comprehensive Hazmat Emergency Response Capability Assessment Program) BACKGROUND: The City has established a strong partnership with FEMA and the State Division of Emergency Management (DEM) over the past two years Based on that strong relationship, the City applied for and has been accepted to participate in the CHER-CAP program, which is the Comprehensive HAZMAT Emergency Response-Capability Assessment Program In addition, the City received a grant as part of this program in the amount of $6,000 00 This program will strengthen the City of Denton's emergency management program and better prepare the Community for accidents (or terrorist attacks) resulting from technological hazards as well as natural disasters Today's Council work session will brief Council Members on CHER-CAP and answer any questions they might have and also seek any direction Members may have What Is CIMR-CAP? The Comprehensive HAZMAT Emergency Response-Capability Assessment Program is offered by the Federal Emergency Management Agency (FEMA) to assist local communities in obtaining a greater understanding of hazardous material risks, identifying planning deficiencies, updating plans, training first responders, and simulating and testing the system for strengths and needed improvements The Denton Independent School District, both hospitals and both universities will be active participants CHER-CAP also enhances the work FEMA has begun in Project Impact by providing a technological hazards component toward building disaster resistant communities throughout the nation Pm" e of CUER-CAP; CHER-CAP's purpose is to • Identify opportunities for emergency management plan revisions • Identify communication needs ■ Identify resource needs ■ Improve coordination • Comply with training requirements ■ Clarify roles and responsibilities 1 ■ Improve individual performance ■ Test plans and systems in a comprehensive hazardous material exercise Motivate public and private officials to support emergency programs • Increase general awareness of proficiency and needs ■ Improve Federal-State-Local Government-Industry emergency management relationships CHER-CAP also assists jurisdictions in identifying ways hazardous materials prevention and mitigation measures can be implemented to reduce emergencies and protect the public Hain GHER-CAP Works. Originally developed by FEMA's Region VI, CHER-CAP involves the commitment of people from responder agencies at the local, State and Federal levels and from industry CHER-CAP is conducted in phases spanning four to six months The City of Denton was selected for this program based on the following ■ Notification of the Texas Division of Emergency Management of the City's interest • The City is an active participant in the Local Emergency Planning Committee (LEPC) with an emergency response plan ■ A commitment to participate by local industry partners ■ The commitment and involvement by the Denton Fire Department to take the community lead What Happens Ned? ■ An initial meeting will be held between the FEMA CHER-CAP coordinator, the City of Denton's CHER-CAP team and members of the LEPC to discuss the scope of CHER- CAP and the general timeframe that will be needed to conduct the program ■ The community then commits to undertake the program, especially local industry partners ■ Information is gathered for review such as the City's plan, existing mutual aid agreements, agency-specific standard operating procedures, existing data on hazardous substances in the community, documentation regarding training previously undertaken, and training needs ■ Accomplish available and needed training • Participate in a tabletop emergency management exercise • Develop a scenario for a full-scale disaster exercise The &eft*e: The final phase of CHER-CAP, a full-scale hazardous material exercise, is staged with "live" props, such as tanker trucks, railcars, or fixed facilities, with simulated smoke and leaking (dyed water) liquid and simulated casualties CHER-CAP exercises involve a mass casualty scenario As such, they also can be used to test the City's ability during the first critical hours to respond to a terrorist incident The CHER-CAP exercise, typically involving 100 to 300 participants, is tailored to the specific hazardous material risks that the City Denton confronts The evaluation is based on the objective criteria outlined as part of the exercise and will include 2 ■ Hazmat teams ■ Emergency Operations Center (EOC) • Fire, rescue and Hazmat Incident Command System ■ Law Enforcement ■ Emergency medical services • Medical Facilities • Resource management ■ Direction and Control ■ Facilities, equipment and displays ■ Communications ■ Public information ■ Population protective actions • Population protection/relocation centers ■ Re-entry and recovery ■ Post exercise analysis Peer evaluators from outside the City of Denton's immediate area observe the exercise and record their observations Fire operations are observed by evaluators from other fire departments, police by police, hospitals by other hospitals, etc The exercise takes approximately four (4) hours followed by a post exercise analysis A final reportis submitted to participants following the exercise FISCAL INFORMATION: The City has received a grant for $6,000 00 to offset our costs The only restriction on these funds is that they can not be used for personnel costs Therefore, there may be some additional overtime impacts for the Fire Department for the exercise, which will be absorbed by the existing 2000/2001 budget Respectfully Submitted Ross Chadwick Fire Chief 3 Agenda No, 0'0- Of Agenda Item AGENDA INFORMATION SHEET Date "1 'OD AGENDA DATE: November 14, 2000 DEPARTMENT Community Development ACM: David Hill, Assistant City Manager, Development Service 4r- SUBJECT Receive a report, hold a discussion and give staff direction regarding the Neighborhood Empowerment Program (NEP) BACKGROUND: The City Manager asked Community Development to research neighborhood empowerment programs in other cities and propose a neighborhood program tailored to the Denton community The City Council has allocated $50,000 in FY 2001 to fund the City match portion of this program Staff reviewed programs from Boulder, Colorado, Redmond, Washington, Seattle, Washington, Richmond, Virginia, and Portland, Oregon The proposed NEP combines elements of several of these existing programs as well as input from City Planning, Engineering, Community Services, and Parks and Recreation departments to form this proposed project The purpose of the Neighborhood Empowerment Program (NEP) would be to help improve the quality of life in Denton's neighborhoods by supporting project partnerships between the City of Denton and its neighborhoods The NEP would match City and neighborhood resources to complete neighborhood-proposed projects that foster self- help, neighborhood pride, and enhance and beautify Denton's neighborhoods The program should ultimately promote a quick, easy process where neighborhoods realize a demonstrated benefit of city expenditures As a facet of the NEP, the Community Development Department would develop and maintain the registry for neighborhood groups, enhancing the City's ability to inform and involve citizens regarding their community The NEP would pair the City's contribution of cash or in-kind services with a neighborhood matching contribution of local resources including volunteer labor, donated materials, professional services, or cash, toward completing neighborhood-proposed projects City funds would be awarded by the NEP Advisory Board on the basis of merit with a maximum of $10,000 available per project except where mitigating circumstances support an exception 1 Detailed program information and a brochure are included in the attached exhibits ESTIMATED SCHEDULE OF PROJECT This initial year, the Neighborhood Empowerment Program 2001 applications would be due February 1, 2001 The NEP Advisory Council would notify successful applicants in two weeks Applications received after this date would be considered for remaining funds, if any exist Subsequent funding years would award funds to projects received by October ls` and March Isi Proposed advertising about the NEP and the application process include • Informational brochure about program and application process to neighborhood and civic organizations • Cable channel • City website • Denton Online • Denton Record Chronicle article • Chamber newsletter article • Neighborhood meetings RECOMMENDATION This is a proposed new program that seeks to be inclusive of all neighborhoods in Denton Empowering active and creative partnerships between neighbors and between neighborhoods and the City strengthens Denton's unique quality of life Staff recommends accepting the NEP project time line and composition of the NEP Advisory Council this initial year City Council will be informed regarding the evolution of this program that will occur per Advisory Council and community feedback Staff would appreciate City Council discussion or comments about the direction the NEP program is taking and pending City Council approval, bring a resolution/ordinance authorizing the program PRIOR ACTION/REVIEW None FISCAL INFORMATION NEP has funding of $50,000 for City FY2000-2001 2 EXHIBITS A NEP Information B NEP Advertising Brochure Respectfully Submitted Linda Ratliff, Director Community Development epartment Prepared by Michelle Cunningham Community Relations Coordm for 3 Exhibit A Neighborhood Empowerment Program 2001 The purpose of the Neighborhood Empowerment Program (NEP) is to help improve the quality of life in Denton's neighborhoods by supporting partnerships between the City of Denton and its neighborhoods The NEP matches City and neighborhood resources to complete neighborhood-proposed projects that foster self-help, neighborhood pride, and enhance and beautify Denton's neighborhoods These shared resources are the City of Denton's contribution of cash (or in-kind services) that are matched by neighborhood contribution of local resources including volunteer labor, donated materials or professional services, or cash The NEP matching funds are awarded on the basis of merit, with a maximum of $10,000 available per project An exception to the maximum maybe granted where mitigating circumstances support an exception Examples of mitigating circumstances might include placement of public art benefiting more than just the immediate neighborhood, the acceleration of a project that was also included in the City's long range plan, projects where overwhelming community need will be served, or where a group of businesses have neighborhood support for a project The total annual budget for the 2001 is $50,000 Who May Apply Individuals from five or more separate households and living within the city limits of Denton, may submit an application All projects are required to have a Citizen Project Coordinator to be the liaison between the City and the neighborhood during project development and implementation Matching fund awards are not made to individuals, single businesses, universities, hospitals, institutions, foundations, and political, fraternal or religious organizations Additionally, government and public agencies, social services, district councils, citywide groups, city departments and requests to support the ongoing operating budgets of organizations are not eligible However, eligible applicants are encouraged to form partnerships with these ineligible groups to plan and implement projects The eligible applicant must retain the primary role in the partnership How to Apply: Eligible neighborhood matching fund applicants may contact Michelle Cunningham at (940) 349-8308, City of Denton, Community Development, 100 W Oak, Ste 101, Denton, TX 76201 or e-mail to mcunningham@cityofdenton com to request and to submit an application Eligible Projects: Eligible projects must Provide long term, public benefit to the neighborhood 4 • Be located on publicly accessed property (right-of-way, neighborhood common area, etc • Have demonstrated neighborhood support • Be compatible with adjacent properties • Involve neighborhood residents directly in all phases • Have goals which can be accomplished normally in 12 months or less • Must demonstrate appropriate long-term maintenance • Be within the City's legal authority and comply with existing City of Denton policies & codes Projects should fall within one of the following six categories. 1 youth improvements examples: small play area, basketball court/hoops 2. neighborhood identity examples signage, entrance beautification 3. public art or amenity examples bench, sculpture, garden 4 traffic safety examples: speed humps, traffic calming amenities 5. capital equipment purchase examples neighborhood bulletin board, neighborhood picnic area 6. environmental improvement examples ride-sharing, LINK shelter, composting, tree planting, trail head enhancements Protect Evaluation: The Neighborhood Empowerment Program Advisory Council is comprised of Parks and Recreation, Engineering, and Community Development staff, as well as one neighborhood association representative from each of the 4 council districts Neighborhood associations will be represented in alphabetical order for 2-year terms The first program year two representatives would serve one-year terns, allowing two new neighborhoods to be represented each subsequent program year The NEP Advisory Council reviews, ranks, and awards successful applications, subject to final approval by the City Manager The Advisory Council will evaluate each application based on the following criteria • Replicabdity Ease in which project can be successfully replicated in other neighborhoods • Self-determined evaluation Criteria will be specified to evaluate the success of the project • Project quality The project is well articulated, planned, and ready to proceed There is a demonstrated need for the project The budget is reasonable, cost effective, and within the scope of this fund • Neighborhood watch 5 The match meets the mimmum requirement, is secured, and ready to be expended Projects will be evaluated on a sliding scale, where low-to-moderate income neighborhoods will receive additional consideration in selection and a reduction in necessary neighborhood match • Neighborhood involvement, inclusiveness, participation and cost/benefit Projects should promote "neighborhood," build relationships and cooperation among neighborhoods A significant number of people will be involved and will benefit from the project The project is not controversial and has no neighborhood opposition Diverse interests are involved Neighborhood Empowerment Program funds are limited Awards are based on a project's rating with the most highly rated projects awarded first Completed application submissions may be received at any time, however projects requesting City FY 2001 funding must be received by February 1, 2001 Applications received after tins date will be considered for remaining matching funds, if they exist How NEP Matching Funds work: For each dollar requested from the NEP matching fund, the neighborhood must identify match items that equal the value of the amount requested For example, if $5,000 is requested from the City, then at least $5,000 of match must be proposed and then provided when the application is approved As described earlier, an exception to match amounts will be considered for projects where mitigating circumstances justify an exception Match items can be donated professional services, donated materials or supplies, volunteer labor, or cash The best way to identify match items is to prepare a list of all the resources needed to complete the project and decide which items can be provided by donors in the neighborhood Basic requirements for developing a neighborhood match package • The value of the neighborhood's match must equal or exceed the amount requested from neighborhood matching NEP funds • The amount and type of match must be appropriate to the needs of the project • The proposed match must be expended during the life of the project, not prior to or after completion • Assistance from City funds from elsewhere in the City cannot be counted as part of the match • At least 25% of the neighborhood's match must come from the neighborhood itself, as opposed to other funding entities, the school district, or other public/government entity • All volunteer labor is valued at $10.00 an hour • Professional services, if needed for the project, are valued at the "reasonable and customary rate" prevailing in the community 6 • Neighborhood match must be pledged and secured Secured means that the donor has specifically described the contribution and has signed the Match Pledged/Secured Form in the application packet, to confirm the commitment Individuals who donate professional services or skilled labor as part of the neighborhood match cannot also receive compensation from the City's match money This is to ensure that persons lured to provide services of skilled labor are selected on the basis of their qualifications, experience, and fees, not on their willingness (or inability) to donate services Responsibility for project maintenance. For projects that extend beyond one year, the citizen project coordinator will be required to demonstrate to the City an adequate plan for on-going maintenance Maintenance provisions may include services of a City department, if that department concurs Timeline for project approval through completion- Successful applicants will be notified 2 weeks after the application submission close date and within one month where submissions are made for remaining funds if they exist Authorization to begin the project will be given after a contract with the neighborhood has been successfully executed (approximately 4 weeks) The project must begin within 3 months of this authorization and follow the project schedule timeline as approved by the NEP Advisory Council 7 0 -C3 a N d ° i7 X17'" 8 1 c~ ,C Phi said bra °v° oc WoovC~w'°mU 4 F a U F~ 0 x o ,s .o o .a ~ y aNN`i o0 0 ° xaos~y ~v~. w Ou~o> uo ~~yy °p ,a~ U ~a ou o w t4 Ei a y ~ b y ~ ~ 0 ar ~ @) {g~ ~ U U U a) wow Ww ~ M c c-• g w d5 C N 'C yry NN p "Ila 'a > ova 0 4~ URI Pp p 'all 11 k a 1 11 s I b ON IL a d 12m; Hil N p Agenda No. ,w- e -0 ` - Agenda 44M DD Date AGENDA INFORMATION SHEET AGENDA DATE November 14, 2000 DEPARTMENT: Community Development ACM: David Hill, Assistant City Manager, Development Services SUBJECT. Receive a report, hold a discussion and give staff direction regarding the creation of an International Sister Cities Program BACKGROUND: The purpose of our discussion tonight is to bring the City Council up-to-speed on the activities of the Denton Sister Cities International Subcommittee and to receive direction on the City's role in the effort Sister Cities International (SCI) is an international not-for-profit organization representing over 1,300 U S communities and their 2,200 partners in over 137 countries The agency supports community-to-community programs focused on • arts, education and cultural exchange • economic and business development • municipal training and community problem solving • health • technology • youth leadership SCI's full-time staff are located in Washington DC and offer an array of grant and program assistance to member cities for annual dues of $480 Our department has received requests several times over the past ten years regarding the feasibility of the City initiating a Sister City relationship Our research has shown that the successful programs have all been community-driven, rather than city-driven The City of Fort Worth has an award-winning program and has devoted City staff to the efforts However, Fort Worth tells us that in each case (they have six Sister Cities) their relationships have been initiated through community efforts Until now, we have been missing the necessary community support in Denton We were recently approached by representatives from the Monterrey metroplex city of San Nicolas de los Garza about establishing a Sister City relationship with them The request was discussed at a Denton Chamber Multicultural Subcommittee meeting, and a 1 Denton Sister Cities International (DSCI) steering committee was formed to determine the community's interest and willingness to support a Sister City program in Denton The committee met with the Ft Worth Sister Cities program staff and the Texas State Sister Cities director to solicit direction and support Sister Cities International Director, Tim Honey has requested that Denton's application and program launch be used to refine new SCI membership services Both of these resources offer strong directional assistance that will help us develop a successful Denton Sister Cities program The committee developed an informational brochure/interest survey and distributed it to the Denton community through the three Chambers, various community service organizations, DISD instructors and PTA presidents, the Denton Record Chronicle, and at the Golden Triangle Mall Community response to the survey overwhelmingly supported a Sister Cities program in Denton, with Mexico as the preferred country for Denton's first Sister City The next task is to determine the most compatible Mexican city for Denton The DSCI steering committee developed and ranked city attributes for selecting a Sister City These criteria emphasized ease of travel, university opportunities, strong local municipal support, and business opportunities Seventy-eight Mexican cities with populations over 100,000 were researched The committee ranked each against the criteria and for their availability for a Sister City partnership (A city may only have one Sister City in each country ) Out of the seventy-eight cities considered, two cities were selected to visit in order to complete the criteria information worksheets San Nicolas de los Garza and Ciudad Victoria Many of the cities were dropped from consideration because they did not have a university or already had U S Sister Cities The committee is asking the City to help defray a portion of the travel expenses to visit the San Nicolas de los Garza and Ciudad Victoria The responsibility for remaining travel expenses will be shared by the delegate's educational, business, or civic organization and/or by corporate sponsorship Essentially, the City is being asked to pay for either the ground or the air transportation of this 3-day trip Delegates will complete a criteria worksheet/report on both cities These reports will be presented to the DSCI Steering Committee in a meeting open to the public where the Steering Committee will select the finalist ESTIMATED SCHEDULE OF PROJECT If approved, DSCI plans to complete the membership application and obtain 5010 not- for-profit status by January 2001 The formal signing of a sister city agreement could occur by April 2001 The DSCI Board would assist in developing immediate opportunities expressed by Habitat for Humanity, DISD performing arts groups, and the Cmco de Mayo Committee, the May 2001 North American International Trade Corridor Partnership conference in Ft Worth, and University of North Texas existing programs with the Technological Institute, Mexico's national college system The Board would 2 begin soliciting memberships from the Denton community and sponsorships for events and programs Pending council approval, staff will return with a resolution or ordinance authorizing the program OPTIONS This is a new program in Denton that seeks to provide opportunities for our citizens to be engaged, on the tenants of friendship and mutual respect, as global citizens in whatever aspect of life they might choose-business, education, the arts, government, health, or the environment Staff is asking for your direction to proceed with the Denton Sister Cities International (DSCI) program as outlined, and to offer comments regarding the direction the program is taking RECOMMENDATION. Staff recommends the City proceed with the selection process as outlined PRIOR ACTION/REVIEW None FISCAL INFORMATION Fort Worth tracks the Sister City activities with their program and report the economic impact of tourism associated with Ft Worth's Sister Cities program was $700,000 in 1999 The committee is requesting that the City assist with the travel expenses of the initial visits to Ciudad Victoria and San Nicolas de los Garza The estimated cost would not exceed $5,000 and would include all expenses for at least one City staff representative In addition, staff requests that we commit $480 for the City's membership in Sister Cities International as well as provide a reception or event for the initial signing ceremony EXHIBITS A. DSCI survey brochure B DSCI city search criteria C Map 3 Respectfully Submitted el~~ g~ Linda Ratliff, Director Community Development Department Prepared by Mi 6helle Cunningham j Community Relations Coordinator 4 E2~~ OL ' F o 9JJ -crnh c Z m o °'z~ Z - _ LO 40= vO) = Z 0 N r C-n .n Z D Q ce. .0 N n t c U~ A E a 6 ~ Z CDE ) a L toym c y-0 c O ; 3 , J 1 Q Al 2 g a ~ U c LUJ ~ {0 C TO z a m W 0 Z E cYi dr j~ ~ ~ e e t tmLu W C4 c F- U U Z 2 m L G a t~ a + + i 0 C a.r o c d V Q Q. ~ Q t 41 z it Lb . 0 EF CD 0 3 EF 6 00 m ~0 57 I=u a C=D =0 Ea 0 -6 0 'o tD4 ~ev $ 0 n fr~i~i3 A o 3 'p v e r-L O. N V,x~ y {~p~ O 3 ryi O •.3 N 3 Zj ~f/Op1 EL N = c -4 7 C/1 ~fDD = CO) 'x0 3 A 'O Ll e C 10 GE 'O ~_j g~~ rt e~F CD o o gD m O eo } S O =go mfD 3~ o ~ 03~~ ~ ~ 5 s atp~ m c~ ~g m C~ c c~pp Et 0 Q. 0 CD (p NC.~ tai y fD d C1 n (~pp p c U3 = N fD p = V N = ~ %p a 4r fir a, Ep =0 LO 9 N fD 5 I I17 = ~ p S} y$_ 5 m C n o e c 3= CD g o w ~~p v m Cn ~p o ? n ? o' rn c N i O f~1i ~i GT 8 CZ p a fp ub~~ go fD ~3 C'1 01 cs } C7 ,t F3 c = c 3 fA Qb CCDD •~.n CD Q) 2 S. CD a 0 o 5 CO Dpi = 0. m a OS ° CD ° ga. id 3 = o ~~a ~ ' CD c CD can 08 = c`S fo = 3 0 L Cl N O fD CD O $ Ill E fD , CD CD X CL N Cl) 0 N , O C`D Tx (D n Q) :5 a o' ~n m HOC 3 's '00 I cp = N C/) $ CD B (D of y'' e 0 { 03) 5 N 9 a~ I I ~ JCOO~OCTO _O N~ Ib I I O Z~ C 0 N Lj Q. L ~ O p. S (n 7n 41 O' p N O Slob o 0c Nd 030) ~°~'g n CL R O a (D 1 92 ~9~ °10 z o w= n = g'R m 5=u o c $ _ C) = m J 0on~ m c _ =p N y N G a n2 3 g Exhibit B DENTON SISTER CITIES INTERNATIONAL (DSCI) RANKED SEARCH CRITERIA 1 UNIVERSITIES/COLLEGES & US LINKS 2 LOCAL BUSINESSES IN INTERNATIONAL TRADE 3 PRESENT DEGREE OF INTERNATIONAL INVOLVEMENT & COOPERATION IN ECONOMIC, COMMERCIAL, & CULTURAL 4 SIMILAR ECONOMIC CONDITIONS 5 LANGUAGE/CULTURAL BARRIERS 6 NEWSPAPERS/TELEVISION /RADIO 7 ACTIVE CHAMBER OF COMMERCE 8 TRAVEL ACCESSIBILITY 9 FINE ARTS-THEATERS, SYMPHONY, ORCHESTRA, DANCE, ETC 10 CIVIC ORGANIZATIONS 11 PRIMARY & SECONDARY SCHOOLS 12 KEY INDUSTRIES, BANKS, AIRLINES, FACTORIES 13 TRADE EXCHANGE POTENTIAL 14 INTERNET LINKS 15 LEVEL OF GOVERNMENT BUREAUCRACY 16 POPULATION/NUMBER OF FOREIGN LOCAL RESIDENTS 17 INVESTMENT CLIMATE & PRESENT LEVELS 18 DIPLOMATIC PRESENCE/CONSULATE 19 PRESENCE OF BUSINESS/FACTORIES Received no mentions 20 SIMILAR GROGRAPHIC LOCATION DESCRIPTION 21 MUSEUMS 22 SPORTS TEAMS 23. HOSPITALS 6 Exhibit C DENTON SISTER CITIES INTERNATIONAL (DSCI) MEXICO CITY SELECTION SEARCH SR'i\ } ns t ~ xsg ~ 'A Ds Garza ran ~ !'4 y; ~ a~'aFl T~ , ~ t dad Victoria w City FINALISTS: SAN NICOLAS DE LOS GARZA CIUDAD VICTORIA 7 Agenda No CO to Agenda Item AGENDA INFORMATION SHEET Date ac- AGENDA DATE: November 14`", 2000 DEPARTMENT: Planning & Development De ailment CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the ongoing provision and updating of development-related data BACKGROUND Council Members asked that the issue of development data be placed on a work session agenda Specifically, Council Member Burroughs requested that staff provide development data on a regular basis He asked that the following information be provided at each meeting where a residential zoning application was being considered by City Council 1 A 12-month "rolling" breakdown of new residential developments approved by City Council, by gross density (dwelling units per gross acre), using the following divisions a < 5,000 Square Feet (SF), b >5,000 SF but < 7,500 SF, c > 7,500 SF but < 10,000 SF, d > 10,000 SF but < 12,000 SF, e > 12,000 SF but < 16,000 SF, and f > 16,000 SF 2 Total average gross residential density during 12-month period, to date, approved by Council 3 Proportion of residential acreage and value to commercial, designating multifamily as residential or a separate category, zoned during previous 12 months to date, together with latest available citywide figures for comparative purposes There were two other Council comments during the discussion 1 Track growth and report quarterly to Council 2 Track multifamily student housing by number of bedrooms Two initiatives will help in providing development data to Council 1) permit tracking software, and 2) GIS maps and data developed as part of the Development Code drafting process The permit tracking software is currently being installed by Building Inspections to help manage their permits The software has I many capabilities and we will begin to use it to track development applications The software related to subdivision tracking is expected to be installed in Spring 2001 The work performed related to the Development Code includes a GIS database that provides for estimated t development based on the draft code Thus tool can be used to report on overall density of the city as developments are approved As you are aware, the staff can provide a wide range of data regarding development approvals At issue are the questions the data is intended to answer, the format provided, and the cost of providing the data Staff is aware that good data is critical to good decision-making, and is committed to improving the development database The gathering and reporting of data is expensive and does have an impact on city resources In many instances in the recent past, several data requests have required manual collection and formatting, requiring the consumption of significant hours of staff time It is imperative for staff to make sure that the information provided is accurate, clear, timely, and useful if the data is to be responsive to Council's needs OPTIONS 1 Give staff direction on the regular provision of development data to Council 2 Give staff direction to pursue some other course of action RECOMMENDATION If Council can define the uses to which the data will be used, staff can prepare a comprehensive data format that can serve several purposes Some data appears to be needed to assess rezoning requests, while other may need to be tied to a specific starting point, to allow benchmarkmg of population growth, density, or dwelling units mix objectives stated in the Denton Plan Relating property values or assessed values to developing property on a "rolling" 12-month basis will require coordination with the Denton County Appraisal District As software improvements are installed, more extensive, specific query-based data requests will be much easier to provide in a timely manner ESTIMATED PROJECT SCHEDULE Data production capabilities of the Planning & Development Department are expected to improve in terms of flexibility and production time by spring 2001 PRIOR ACTION/REVIEW None FISCAL INFORMATION None ATTACHMENTS None Respectfully bmitt ed p f uglas S Powell, AICP Director of Planning & Development 2 Agenda No 0 - _ Agenda Item 5- Date AGENDA INFORMATION SHEET AGENDA DATE: November 14th, 2000 DEPARTMENT. Planning & Developetrtment CM/DCM/ACM: Dave Hill, 349-8314: SUBJECT Receive a report, hold a discussion, and give staff direction regarding definition of open space as related to development regulations and exactions BACKGROUND City Council Mmeber Kristoferson requested that the discussion of the definition of open space be placed on a work session agenda The common use of the term "open space" has led to some misunderstanding as it relates to regulatory requirements In general, open space is that portion of a development or lot that is not developed or is intended for pedestrian activity The use of tlus general definition is sometimes substituted in the following instances The Landscape Ordinance requires the provision of twenty percent (20%) of a development to be devoted to "Planting Area" This area is undeveloped land that is planted with trees, groundcover and shrubs The planting area is therefore open space, by which it is routinely described, but unless it meets specific criteria, it cannot be credited toward compliance with the landscape ordinance If a developer provides a recreational area within a development, such as an amenity center, impervious areas such as sidewalks or structures may not be credited toward minimum landscape planting areas Lawns or planting beds, however, may be counted toward planting area requirements The Park Dedication Ordinance requires the dedication of open space for a "Neighborhood Park", or the payment of fees The space must meet the requirements of the Parks and Recreation Department for a neighborhood park Neighborhood parks, as well as all parks, can be open space The Interim Regulations and the draft Development Code require the protection of environmentally sensitive areas These areas, because they cannot be developed, are therefore considered as open space There is currently no requirement for a development to provide open space, per se, but the term is sometimes used to represent any or all of the above requirements The casual use of the tern "open space" has led to confusion as to the merits of a development Staff is committed to refrain from using the term so that it leaves doubt about the type of open space being discussed or as it relates to regulatory requirements OPTIONS Council may determine that changes are necessary, and if so, staff will act accordingly t RECOMMENDATION Staff does not have any recommendations regarding potential revisions ESTIMATED PROJECT SCHEDULE None PRIOR ACTION/REVIEW None FISCAL INFORMATION None ATTACHMENTS None Respectfull submitted b ~f ouglas Powell, AICP Director of Planning & Development 2 Agenda No Agenda Itom AGENDA INFORMATION SHEET Date AGENDA DATE• November 14, 2000 DEPARTMENT Police ACM: Jon Fortune SUBJECT Receive a staff report, hold a discussion and provide staff direction regarding gambling devices and the feasibility of licensing and taxing certain coin-operated machines within the City of Denton BACKGROUND This report is presented in response to Council Member Cochran's inquiry regarding what action could be taken to address "8-liners" and other similar gambling type devices in the City of Denton An idea was suggested that, if the City cannot legally prohibit such devices or operations, that we explore the feasibility of licensing and taxing such operations The Police Department has conducted research into this issue and presents the following report Section 47 01(4) of the Texas Penal Code states "Gambling device" means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance The term (A) includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits, and (B) does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less t According to Opinion No DM-466 from the Texas Attorney General's Office," 'eight liners' are video versions of slot machines and other machines, that operate wholly or partially by chance, reward players with prizes, and are not adapted solely for bona fide amusement purposes " These machines differ from other video games commonly found in arcades in that the player is rewarded with points based solely on the player's skill and the prizes, such as redeemable coupons received on any one play, do not exceed $5 or 10 times the amount charged for one play The exceptions defined in Section 47 01(4)(B) have made prosecution under the gambling statutes difficult Several efforts have been made to clarify the exception so that law enforcement could more effectively address this issue Therefore, the Police Department has not actively pursued the investigation or subsequent prosecution of those establishments operating "eight liners " However, the Denton County District Attorney's Office recently established a prosecutorial position that will concentrate on vice crimes The prosecutor has advised that she is willing to pursue these cases and has advised the Department in investigative techniques that would result in sufficient evidence to achieve a successful prosecution The Police Department has preliminarily identified thirty-five businesses within the City that may be operating suspected "eight liners " Because of the confusion regarding the legality of the machines, the Department plans to notify these businesses, in writing, that the possession and operation of such machines is a violation of State law and request they comply with the law by removing the machines immediately The Department will pursue prosecution once the businesses have been notified and provided a reasonable opportunity to comply Since "eight liners" are illegal gambling devices under State law, licensing or taxing them would not be an option With regard to a possible ordinance, the City of Lubbock maintains an ordinance regulating coin-operated machines that requires an occupation tax of $7 50 per machine per year However, the only machines that are taxed are "skill or pleasure coin-operated machines " It also specifically states that the ordinances do not "license, permit, authorize or legalize any machine, device, table or coin-operated machine which is illegal or in violation of the Penal Code " Additionally, a business that operates six or more skill or pleasure coin-operated machines must obtain an operator's permit at a cost of $25 00 per year The cities of Grapevine and Farmers Branch also regulate coin-operated machines and copies of their ordinances are attached for Council's review Additionally, the cities of Lewisville, Carrollton and Coppell do not regulate these devices, except as prescribed by the Penal Code OPTIONS 1 Council can take no further action on this issue 2 Council can direct staff to prepare ordinances to regulate coin-operated machines 2 RECOMMENDATION- Staff recommends no further action on this issue 1 The Police Department will pursue the investigation and prosecution of those persons operating gambling devices within the City of Denton 2 The presence and operation of "eight liners" was the issue initially presented and will be addressed utilizing the Penal Code PRIOR ACTION/REVIEW. None FISCAL IMPACT. None Respectfully submitted, ~i~y v4 d) Gary L Matheson Chief of Police Prepared by w nght Jo &O-us, C Support perations Captain 3 ©Copynghted Municipal Code Corp, affiliated Mumctphttp //www mumcode com/CGI-BIN/om ord={ IAF7}&softpage=Document42&zz= Gov e,\h t, Chapter 14 OCCUPATIONAL LICENSES, TAXES AND REGULATIONS* *Charter reference(s)--Authority to levy, § 918 Cross reference(s)--Alcoholic beverages, Ch 4, ambulance service permit, § 5-4 at seq , general contractors registration, § 7-8, fireworks display permit fee, § 11-61, peddlers and solicitors, Ch 17, outdoor advertising, § 20-30 et seq , sales and use tax, Ch 21 (note), hotel occupancy tax, § 21-20 at seq , taxicabs, Ch 22, manufactured home park licenses, 6 24-5 at seq , tow trucks and towing service, Ch 26, massage establishments, App A, § 7-1002(29), retail novelty and specialty shops, App A, § 7-1002(30) State law reference(s)--Authority to levy one-half of state tax, Tx Const , art VIII, § 1, general licensing authority, V T C A, Tax Code § 302 101, limitation on levying, V T C A, Tax Code § 101 008, authority to levy gross receipts permit fee for vehicles for hire, V T C A, Transportation Code § 502 003, detective licenses, Vernon's Ann Civ St art 4413(29bb), tax on rorn-opera led marhrne,, authorized, Vernon's Ann Civ St art 8801 et seq ARTICLE I BILLIARD HALLS AND SKILL OR PLEASURE COIN-OPERATED MACHINE ESTABLISHMENTS* *Editor's note--Ord No 89-79, § 1, adopted Nov 21, 1989, repealed former Art I, 14-1--14-15, pertaining to regulation of coiro-operatedrriachrne~, which derived from Ord No 87-87, § 1, adopted Dec 15, 1987 Section 2 of Ord No 8979 amended Art 11, relative to billiard halls and skill or pleasure c ofti-opef,u at machine establishments, in its entirety, in effect repealing former 14-20--14-26, 14-29, 14-35--14-44 and enacting similar new provisions in lieu thereof as Art 1, 14-1--14-7, 14-9, 14-13--14-22 Former Art II derived from the following legislation Ord No Section Date 66-30 1--17 10-4-66 73-37 1 9-4-73 75-4 1 2-18-75 75-35 1 9-16-75 81-9 1 2-17-81 81-33 1(b)--(f), 5-5-81 85-36 2(A)--(J) 8-20-85 87-88 1--15 12-15-87 89-20 2(A), (B) 3-21-89 Sec 14-1 Definitions For the purpose of this article, the following terms shall have the respective meanings ascribed to them Billiard hall Any structure where one or more billiard tables are operated for profit Billiard hall permit A permitissued to operate a billiard hall in accordance with the hours of operation prescribed by section 14-7 1 of 1 10/26/00 1 33 PM C Copyrighted Municipal Code Corp, affiliated Municiphttp //www municode com/CGI-BIN/om ord=11B06)&softpage=Document42&zz= I Billiard table Any table surrounded by a ledge or cushion, with or without pockets, upon which balls are impelled by a stick or a cue, specifically excluding skill or pleasure car,,-oppiar , im Icrl,ur", Coin-operated machine Any machine or device of any kind or character, which is operated by or with coins or metal slugs, tokens or checks Merchandise coin-operated machine Any coin-operated machine which dispenses or vends merchandise, commodities or confections Music coin-operated machine Any coin-operated machine of any kind or character, which dispenses or vends or which is used for dispensing or vending music Operator Any person, firm, company, association or corporation owning, leasing, managing or controlling in any manner a billiard hall or a skill or pleasure coin-operated machineestablishment Service coin-operated machine Any pay telephone, pay toilet and any other machine or device which dispenses service only and not merchandise, music, skill or pleasure Skill or pleasure corn-operated machines Any rota-operated machine of any kind or character, which dispenses or is used or is capable of being used or uperati d for amusement or pleasureor when such machine is ,,i , n,rd for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of merchandise, music or services, as thoseterms are defined in this article Provided, that every machine or device of any kind or character which dispenses or vends merchandise, commodities, confections, services, or plays music in addition to or in connectionwith the dispensing of skill or pleasure shall be considered as skill or pleasure machine, The term skill or pleasure i am[aprta 00 m s~ 6: - shall exclude mina-o rested machines designed exclusively for children Skill or pleasure coin-operated machine establishment Any structure where one or more skill or pleasure r om-oofF eatpd machines are operated for profit Skill or pleasure coin-operated machine establishment permit A permit issued to operate a skill or pleasure coin-operated machine establishment (Ord No 89-79, § 2, 11-21-89) Sec 14-2 Exemptions The permitting and regulation provisions of this article do not apply to (1) Billiard tables and skill or pleasure ruin - operated m it hwr s kept in private residences or apartments and used without charge by members of the family or bona fide guests, (2) Billiard tables and skill or pleasure coin-opotaled ow(h • provided on the premises of religious, charitable, educational or fraternal organizations for the use of members or their guests and not for private profit, although a charge is made for playing, (3) Billiard tables and skill or pleasure ram-operated inarti me, provided on the premises of bona fide clubs or social organizations, not operated for private profit although a charge is made for playing, which provide other membership privileges and activities usual in bona fide private clubs organized for the promotion of some common ob ect and whose members must be passed upon and elected as individuals by a committee or board macle up of members of the club, and its affairs and management shall be conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, 1 of 1 10/26/00 1 34 PM ® Copyrighted Municipal Code Corp, affiliated Mumciphttp //www mumcode com/CGI-BIN/om ord={ 1B15)&softpage=Document42&zz= MENEENSEM (4) Billiard tables and skill or pleasure coin-operated mdchrnes provided on the premises of publicly owned facilities, (5) Service com - operated machines, music can - opetatod ma, omn > and merchandise r an-operated machines (Ord No 89-79, § 2,11-21-89) Sec 14-3 Enforcing compliance by operator, revocation of permit for violation The operator of any billiard hall or skill or pleasure coin-operated machmeestablishment shall not permit the violation of any of the terms of this article, and any violation of a provision of this article in the operation of abilliard hall or skill or pleasure coin-operated machineestablishment shall be grounds for revocation of the permit therefor (Ord No 89-79, § 2, 11-21-89) Sec 14-4 Remedies cumulative Any remedy prescribed by this article for the enforcement of this article shall be cumulative and shall not preclude resort to any other remedy provided by law (Ord No 89-79, § 2,11-21-89) Sec 14-5 Inspection of premises Officers of the police department of the City of Grapevine on official duty are authorized and empowered to enter during regular, business hours, for the purposes of inspection andfor the preservation of law and order, any billiard hall or skill or pleasure coin-operated machmeestablishment within the city (Ord No 89-79, § 2, 11-21-89) Sec 14-6 Minors prohibited during school hours (a) No person under the age of 18 years will be permitted to attend any billiard hall during a time that the public schools in the city are in session (b) No person under the age of 18 years shall be permitted to attend any skill or pleasure coin-operated machine establishment during a time that the public schools in the city are in session 1 of 1 10/26/00 1 35 PM C Copyrighted Municipal Code Corp, affiliated Mumctphttp Hwww munwode com/CGI-BIN/om ord=l IB24)&soflpage=Document42&zz= INININNEM (Ord No 89-79, § 2,11-21-89) Sec 14-7 Hours of operation (a) If the premises on which the billiard hall is operated is operating pursuant to a mixed beverage permit issued by the Texas Alcoholic Beverage Commission and is in compliance with all applicable regulations and ordinances of the city regarding alcoholic beverages, the hours of operation of the billiard hall shall be the same as those hours permitted under the alcoholic beverage permit issued for the premises (b) If the premises on which the billiard hall is operated is not operating pursuant to a mixed beverage permit issued by the Texas Alcoholic Beverage Commission, or is not in compliance with all applicable regulations and ordinances of the city regarding alcoholic beverages, the hours of operation shall be between 8 00 a in and 11 00 in Monday through Friday, 8 00 a m until 12 00 midnight, Saturday, and 1 00 p m to 6 00 p in on Sunday (Ord No 89-79, § 2,11-21-89) Sec 14-8 Reserved Sec 14-9 Gambling, Intoxication It shall be unlawful for any person while in a billiard hall or skill or pleasure coin-operated machine establishment to gamble, make bets, consume or have in his possession any alcoholic beverage, orto be under the influence of any alcoholic beverage, provided, however, that the terms of this section relating to the possession and consumption of any alcoholic beverage shall not be applicable to parties on premises that are operating pursuant to a mixed beverage permit Issued by the Texas Alcoholic Beverage Commission and zoned for suchuse by the city (Ord No 89-79, § 2,11-21-89) Secs 14-10--14-12 Reserved Sec 14-13 Permit required It shall be unlawful to operate a billiard hall or skill or pleasure coin-operated machine establishment as defined herein within the city, unless and until said establishment shall first have been permitted for such purposes, provided, this requirement shall not applyto those places enumerated in section 14-2, which are exempt from the provisions of this article (Ord No 89-79, § 2, 11-21.89) Sec 14.14 Applications, permit form, execution, Issuance, posting (a) Any person desiring a permit to operate a billiard hall or a skill or pleasure coin-operated machine establishment shall file with the director of community development a written sworn application for such permit The director of community development will submit the application to a permitting committee consisting of the chief of police, who shall be the head of the licensing committee, the fire chief, chief building official and assistant city manager The application shall state 010 1 of 1 10/26/00 1 35 PM O Copyrighted Municipal Code Corp, affiliated Muntciphtip //www mumcode com/CGI-BIN/om ord={ 1B33}&softpage=Document42&zz= NNEENEEM (1) The location, by street and number, of the business, (2) If the operator is an individual, that he has not been convicted of a felony or, if he has, the nature of the offense and the length of his residence in the city, (3) If a firm, association or partnership, all the information prescribed in paragraph (a)(2) as to each individual composing the firm, association or partnership, (4) If a corporation, that the applicant is organized and chartered under the corporation laws of this state applicable to such corporation or, if a foreign corporation, that such has complied with the laws of this state applicable to such corporation and the same information with reference to the operator or person in charge of the operation of the billiard hall or skill or pleasure coin-operated machine establishment to be permitted, as is prescribed in paragraph (a)(2), in addition thereto, a statement as to the names of the incorporators or stockholders and amount of interest owned by each, provided, however, that the applicant shall not be required to list the names of shareholders owning less than ten percent of the stock of the corporation, (5) The applicant's name, address and his interest in the business, (6) The operator's name and address, if different than the applicant, (7) The number of billiard tables or coin-operated machmeF to be permitted, (8) Such other and additional information as the permitting committee may from time to time deem proper and necessary (b) The information given in such application is for the purpose of determining whether or not the applicant is a fit and proper person to operate a billiard hall or skill or pleasure coin-operated machine establishment, and it shall be unlawful to misrepresent the kind and character of a billiard hall or skill or pleasure coin-operated machine establishment to be operated or any fact or statement made in said application, and any misrepresentation of any person for the purpose of avoiding the provisions of this article shall, in addition to the other penalties prescribed by law, be cause for the denial of a permit applied for or the revocation of the permit in the manner hereinafter provided for (c) The permit herein provided for shall state on its face to whom it is issued, the date it will expire, the address and location of such billiard hall or skill or pleasure coin-operated machine establishment, whether the permittee is authorized to operate and conduct a billiard hall or skill or pleasure coin-operated machine establishment It shall be signed and sealed by the director of community development and posted by the permittee in a conspicuous place at or near the entrance of the hall or establishment and in such a place and position that it may be easily read at any time during the operation of the hall or establishment (Ord No 89-79, § 2, 11-21-89) Sec 14-15 Fees A permit fee of $50 00 shall be charged to the operators of skill or pleasure coin-operated machine establishments or billiard halls, which fee shall be perestablishment per year (Ord No 89-79, § 2, 11-21-89) Sec 14-16 Conditions of Issuance I of 1 10/26/00 1 36 PM © Copyrighted Municipal Code Corp, affiliated Munrciphttp //www mumcode com/CGI-BIN/om ord=; IB41 }&so1`tpage=Document42&zz= Sec 14-16 Conditions of issuance No permit shall be issued by the director of community development unless and until the committee refereed to in section 14-14 shall affirmatively conclude that theapplicant and the premises comply with all requirements of this article and other applicable city and state regulations, ordinances and laws (Ord No 89-79, § 2,11-21-89) Sec 14-17 Effect of Issuance No permit granted under the terms of this article shall be deemed the granting of a vested right, but such permit shall remain subject to the terms and provisions of this article and subject to future regulations as shall be promulgated by the governing body (Ord No 89-79, § 2,11-21-89) Sec 14-18 Denial, appeal In the event the permitting committee shall refuse to grant a permit to any applicant hereunder, the action ofthe committee shall be final unless the applicant shall, within ten days after refusal to grantsuch permit, file a written appeal with the director of community development, addressed to the governing body of the city, requesting a hearing by such governing body upon the question asto whether or not his application shall be granted In the event such appeal is filed, the director of community development shall provide the governing body with a record of all proceedings theretofore had with reference to the application, including, but not limited to, the written application together with the action of the permitting authority The governing body shall, within 30 days, grant a hearing thereon to determine the correctness of the action of the permitting authority, at which hearing the governing body may make such investigation as it may see fit, whether all the pertinent facts appear in the application or not, and it shall be discretionary with the governing body as to whether or not a permit shall be granted, and such action as the governing body may take thereon shall be final and conclusive (Ord No 89-79, § 2, 11-21-89) Sec 14-19 Revocation, appeal If a billiard hall or skill or pleasure coin-operated machine establishment permitted hereunder is not being conducted in accordance with this article, the laws of the state, or other ordinances of the city, the chief of police may at anytime give notice in writing to the operator, permittee, manager, or other person in control of the operation and maintenance of such billiard hall or skill or pleasure coin-operated machineestablishment that the permit issued for the operation and maintenance of said billiard hall or skill or pleasure com-operated machine establishment has been revoked and cancelled, which notice of revocation and cancellation shall becomes final revocation and cancellation after the expiration of ten days from the date of service of same upon the operator, permittee, manager or other person in charge of said billiard hall or skill or pleasure coin-operated machine establishment, unless, on or before the expiration of said ten days, the permittee, operator, manager or other person in charge of said billiard hall or skill or pleasure coin-operated machine establishment shall file with the director of community development a written appeal addressed to the governing body of the city, in which it is requested that the governing body grant him a hearing upon the question whether or not the permit issued bythe city shall be cancelled and revoked Such appeal, if made and filed as prescribed herein, shalloperate as a stay or postponement of said revocation and cancellation until such time as the governing body shall grant a hearing and make, final adjudication upon the question whether or not such permit should be cancelled, such hearing to be held within 30 days after the date of the filing of suchappeal Such action and judgment of the governing body after hearing the evidence, shall be final and conciusiveas to all parties (Ord No 89-79, § 2, 11-21-89) Sec 14-20 Refund of fee 1 of 2 10/26/00 2 10 PM ® Copyrighted Municipal Code Corp, affiliated Mumcirlrttp //www mumcode com/CGI-BIN/om ord={ lB4D)&softpage=Document42&zz- I IN Sec 14-20 Refund of fee No refund of any permit fee paid in accordance with this article shall be made by the city for any cause whatsoever (Ord No 89-79, § 2, 11-21-89) Sec 14-21 Termination, renewal All permits issued under the provisions of this article shall automatically terminate on December3l st of each year All permits issued or renewed after June thirtieth are subject to one-half of the fees set forth in section 14-15 All permits issued or renewed on or before June thirtieth are subject to the entire fees set forth in section 14-15 A person may obtain a renewal permit by filing an application for renewal with the director of community development The application for renewal shall contain thesame information and be processed in the same manner as a new application, in accordance with all of the above sections including, but not limitedto, sections 14-14, 14-16 and 14-18 (Ord No 89-79, § 2, 11-21-89) Sec 14-22 Condition of, conduct on, premises, posting of regulations (a) The premises shall be kept and maintained in a clean, healthful and sanitary condition in accordance with all applicable statutes and ordinances, and all rooms or halls connected thereto shall be well lighted and kept open and free from blinds, screens and obstructions (b) No loud, boisterous, indecent or suggestive conduct shall be allowed on the premises (c) No unlawful loitering shall be allowed on the premises, either within or without a building (d) Any member of the police department having determined that such act or condition prescribed in this Code is being committed or exists on the premises of a place of business licensed hereunder, and the persons creating such condition or committing such act are operators of such premises or place of business, shall be authorized to immediately cause the premises to be closed and vacated until the hour of 8 00 a m the next day immediately following such determination community develpament's offi that reflect, conspicuous s ubsta ce, the terms o f with sections 14614 9 and the 14-22ctor of (Ord No 89-79, § 2, 11-21-89) Secs 14-23--14-30 Reserved 1 of 1 10/26/00 2 11 PM 10-26-200 11 46AM FROM COMMUNITY SERVICES 972 919 2544 P 2 y1~ G ty f ORDINANCE NO 1034 - AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ii ANLNbINO ORDINANCE RO 10$3, SO AS TO REGVLATB COIN i OPERATBD AND NCN-COIN OPERATED AMUSEMENT DEVICES DEFINING SUCH. DEVICES REOUIRING A LICBNSE AND FEE FOR EACH SUCH DSVICEI pROVIDING FOR CONDITIONS FOR LICESSEI pROVIDISG FOR REVOCATION OF LICENSE! PRO- VID3270 FOR AFI%IIRi PERMIT TO EACH DEVICEF PROVIDING L FOR SEIZURE OF SVGH DEV3CES1 PROVIDING THAT ALL SUCH. + DEVICES SmLL HE KEPT IN PLAIN VXW, PRWTDI'NO A SEVEFASILTFY CLAU611 pRWTDING A PENALTY CLAUSE? AND pROVIonja AN EMERGENCY CLAVSE Be TT ORDAINED By TIM CITY COUNCIL OF TIM CITY OF FARMERS BRANCH k , TMS i ` SECS ION 1 Ozdimnce NO 1033 is hereby amended to read Us gallows, to-wits "Section 1 This Ordinance shell be known As the Pinball Machine i Ordinance of the City 09 Farmers Branch, Texas The provisions of this ordinance she 11 be considered accumulative with all other or - Seances of the city of Formers Branch Te"s Section 1 When used in this Ordinance, the !'0110"D9 terms shall be given the meaning ae hereinafter defined words used in the present tense shall also be deemed to have been used in the Past tense The ward "shall" is to be eonstraed in a mandatory $ense (a) Coin Operated Amusement Devices, as used herein, moans any amusement machine or device operated by means of the insertion of a coin token, or similar 9163act, for the purpose of amusement and/or skill of any kind or description and gar the playing of which o toe is charged, which contains no automatic payoff i device far the return of money or trade-token or slug, or which makes no provisions whataoever for tho return of money to the player except for change, when the device is out of order or >t return of defective coin A 'toaR operated amcaament device" is horaby further defined me any machine, apparatus, or contrivance which is used or which may be used as a game of skill and/or 4 ~w+~ - _ - spa--✓r 10-26-200 11 46AM FROM COMMUNITY SERVICES 972 919 2644 P 3 amuaamant wherein or whereby the player initiates, employs or directs any force generated by the machine The term does not include vending machines in which are not incorporated gaming, and/or amusement features, nor does the term include any coin opsrstod moehAnical musical devices or coin operated radios or television sets in private quarters, nor does the term include ouch devices used by children for riding in or upon (b) Non-coin operated amusement device shall mean and include any device operating in the manner of a coin operated amuaement device as defined herein but without a slot for the insertion of coins or tokens or similar objects to operate said devices provided however, that this does not include non-coin operated amusement devices in private residences (c) proprietor is hereby defined to be any person, firm, corp- oration, partnership, association or club who, as the owner, leases, or proprietor has under his or its control any establish- ment, place or premises in or at which such device is placed or kept for use or play, or on exhibition for the purpose of use or play section 3 No person firm or eorporation shall engage in the business of A proprietor of a coin operated amusement device as the tome are heroin defined, without first having obtained the proper license tberefQr It shall be unlawful to maintain or expose for public use any "non-eein operated amusement devices" without having first ' obtained a license therefor Applications for license shall be made to the public works Department of the City of rarmers Branch, Texas No such davices as defined herein shall be permitted in any area of the City except pursuant to the ordinances and the Comprehensive Zoning Ordinance of the City of Farmers Branch, Texas, as amended 'Z- 10-26-200 11 46AM FROM COMMUNITY SERVICES 972 919 2644 P 4 t r section A The lioanao fee for each proprietor as herein defined shall be one hundred dollars (glom 00) per year for each device used or played, or exhibited for use or play All proprietors license goes shall be payable annually in advance in no case shall any portion of said license fee be repaid to the license, The license period shall be the same as the calendar year An identifi- cation tog showing identification number, trade name and description, to be furnished by the City shall be affixed to each such device ao defined above it shall be unlawful to remove, deface or destroy such identification tag except upon the permanent removal of such device as defined above, from the City of Parmers Branch Texas section 5 Application for license hereunder shall be filed in writing with the Public Works Department on a form to be provided by the city, and oball specify (a) The name and address of the applicant, and i£ a firm corporation partnership or association the principal officers thereof and their addressee (b) The address of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place (a) The trade name and gonvrol description of the device or devices to be licensed, the name of the manufacturer and the serial number and, if the applicant is a proprietor, the number of devices to be licensed (d) The name anQ address of the owner of the device or devices Sf other than the proprietor The proper license roe shall accompany such application Appli- cation for license hereunder shall be first referred to the Public works Director or his agent who shall make or cause to be made such inveatigation as they dome necessary If the application is approved by the Mrmctor of public works or his agent the licaoea shall be -3- 10-26-200 11 47AM FROM COMMUNITY SERVICES 972 919 2544 P 5 I M issued by the Public works and public Works shall remit the fee to the City Treasurer If the license is denied the fee shall be roturned to the applicant All licenses under this article shall expire on December 31, follming their issuance The license shall ho posted in a conepicuous place in the establishment of the licensee Such Sieenae shall be nonassignable and nontranaforable, and in the case of a proprietor shall apply only to xhe premises for which such license is issued me, lioness shall be issued except to a person of good character Section a to case a proprietor licensed under the provisions of this ordinance desires after the expiration of any portion of any 1 license year, to lncraase the number of devices to be used or played, or exhibited for use or play in his establishment, he shall surrender his license to the public Works Director who shall issue a new license shoving the number of devices licensed thereunder, upon payment of the proper license fee therefor Section 7 Any proprietor who owns such device or devices at the time this article becomes effective shall file with Public works avidenca of such ownership prior to the issuance of a license, and any proprietor purchasing a device or devices after the effective date of this article shall file with public Works evidence of ownership thereof before exhibiting or placing said device or devices for use or play Section a The City Manager shall have the right to revolk any lioease issued herein for the violation of any of the provisions of this ordinance Seotlon 9 Any proprietor on violation of the provisions of this ordinance shall be deemed to be maintaining a public nuisance and any police officer or the City manager or his agent of the City of Farmers Branch, Texas, who observes such violation shall soles all such devices as defaced hosein in the establishment and upon conviction of such person the city shall proceed to dispose of the devices in the -4- 10-26-200 11 47AM FROM COMMUNITY SERVICES 972 919 2644 P 6 I~ F manner provided by law section 10 All such dovicos as defined herein shall at all times be kept and placed in plain view of any person or persons who may frequent or be in any place of business where such devices are kept or used Nothing in this ordinance shall be construed to authorize permit or license any gambling device oR any nature whatsoever " SECTION 2 If any section, sub-section sentence, clause or phrase of this ordinance is for any reason hold to be unconstitutional or invali4, such holding shall not affect the validity of the remaining portion of this ordinance n SECTION 9 Any proprietor person firm or corporation violating any of the provisions of this article shall be fined not less than one dollar nor more than two hundred dollars for each offensoi and a separate offense shall be deemed committed on each day or occusence during or on which a violation occurs or continues SECTION 4 The fact that there is an urgent need to regulate the use of coin operated and non-coin operated machines, to prevent the possibi- lity of their use a gambling devices creates an urgency and an emergency for the protection of the public safety, health end welfare and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and the city Charter in such cases provides DULY PASSED BY TEE CITY COUNCIL of the City of Farmers Branch Texas on the day of 1974 r APPROVED Na Or ATTEST 4J city 5 retary ~r APPROVED AS TO FORK 1 mly 111 < <Gwl~~ Citf xtt ney 10-26-200 11 47AM FROM COMMUNITY SERVICES 972 919 2544 P 7 Fr3F,I. RMIERr ORDINANCE NO. 1992 BRanawi AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, DELETING ORDINANCE NUMBER 1288 AND AMENDING ORDINANCE NUMBER 1034 13Y AMENDING SECTION 4 ESTABLISHING AN ANNUAL PROPRIETORS LICENSE FEE FOR AMUSEMENT DEVICES, AND ESTABLISHING A CRITERIA FOR CONSIDERING AMUSEMENT DEVICES AS AN ACCESSORY USE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES, PROVIDING FOR INJUNCTIVE RELIEF; DECLARING AN EMERGENCY AND PROVIDING FOR AN EFFECTIVE DATE NOW, THEREFORE, Be it ordained by the City Council of the City of Farmers Branch, Texas SECTION 1 That Ordinance Number 1288 is hereby deleted SECTION 2 That Ordinance Number 1034 of the City of Farmers Branch is hereby amended by amending Section 4 to read as follows "Section 4 The license fee for each proprietor as herein defined shall be seven dollars and fifty cents ($7 50) per amusement device used or played or exhibited for use or play All proprietors' license fees shall be payable annually at the first of each year or at the time an amusement device is placed in the proprietors' establishment In no case shall any portion of said license fee be repaid or refunded to the licensee " SECTION 3 That when the primary use of a building or premises is retail, and when not prohibited by State law or other City ordinances, up to a maximum of five (5) amusement devices may be placed in the premises of the retail store and shall be considered as an accessory use to the primary retail use When more than five (5) amusement devices are placed in a premises, it shall be considered a primary use and all regulations of the City will apply including a Specific Use Permit when applicable 10-26-200 11 48AM FROM COMMUNITY SERVICES 972 919 2544 P 8 SECTION 4 The fact that the present ordinances and regulations of the City of Farmers Branch, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Farmers Branch, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained SECTION 5 If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a court or competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares It would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in Nil force and effect. SECTION 6 An person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues SECTION 7 In addition to any other provisions contained in this ordinance, the City shall have the right to seek injunctive relief in a court of competent jurisdiction for any and all violations of this ordinance SECTION 8 This ordinance shall become effective from and after its adoption by the City Council n DULY PASSED AND APPROVED by the City Council on this .~i7 day of~tf 1992 VED ayor APPROVED AS TO FORM. ATTEST ity ttorney City ecretary ~1 Agenda No _A0- 04 Agenda Item Date P AGENDA INFORMATION SHEET AGENDADATE: November 14, 2000 DEPARTMENT- Water/Wastewater Utilities ACM. Howard Martin, ACM/Utilities 349-8232 SUBJECT: Receive a report, hold a discussion and give staff direction regarding the relocation of utilities due to Hwy 380 expansion from Locust Street to Loop 288 BACKGROUND: On October 10, 2000 staff met with Texas Department of Transportation (TxDOT) in their Denton office The meeting was held to discuss progress of the TxDOT plans and specifications and the schedule of construction of HWY 380 expansion from Locust Street to Loop 288 the following information was provided by TxDOT 1 TxDOT has authorization to complete plans and acquire Right-of-Way 2 TxDOT is scheduled to bid the project in June 2001 3 Denton will get "Plans Adequate" by the end of October "Plans Adequate" means that TxDOT has provided enough information on their drawings for the City to proceed with utility relocation design As of the submittal of this agenda to City Council on October 30, TxDOT had not provided "Plans Adequate" to the City However, staff has obtained design in progress drawings from TxDOT to move ahead with preliminary design for utility relocation Staff has set the schedule for completion of plans and specifications for utility relocation for January 31, 2001 provided TxDOT releases "Plans Adequate" by the middle of November The following over all schedule is established by staff for utility relocation • Final plans complete January 31, 2001 • Advertise for bids February 4, 2001 • Begin construction April 2001 • Complete construction October 2001 As indicated above, TxDOT is scheduled to advertise the HWy 380 construction project in June 2001 There will be some overlap in construction of utility relocation and Hwy 380 expansion 4 I~ Staff and TxDOT will work with the contractors to schedule work effort so construction on both projects can proceed smoothly Conversion of the overhead lines along University Boulevard to underground has been a topic of concern for some time This report is to advise of the status, planned approach, expected costs, and design challenges To avoid the potential for having to relocate newly placed underground facilities, electric construction must be coordinated with the road design Only preliminary planning documents have been available from TXDOT up to this time Respectfully submitted I Howard Martin Assistant City Manager of Utilities Pre ed by P S Arora, P E- W/WW ~E(ngineering Administrator C~h~V Ljr'4 Chuck Sears - Electric Engineering Administrator Exhibit I Map Exhibit 11 Power Line Conversion I F r" - Fn A A g _ ti m CO) -9- 9- •p Cl) rnr O s AV_ 277 11 18 ai~f :r .eoa --1 z , ril .I ,s x O ~ ' \ •]JJM.VI':i 11 Ida N.rf.. ~ii~ L ~ r OT D I ~-L n t { ( a d=F ~ 'l i A r a r.a~NflCr S \ \ I OX~ ' \ rI NtJfi"; f~N(rirC \ .•rlo ~ v ~ , V V I TT 7Fi C> 71 ~ rlrl. /J-IAI~ Z y q , X r~~ ,-'8 - - - - °k'- - ~ • ~ II ~ ~ ~y, r!~, l1 G II I fp X Vl Z u r 'G u LIj TT f,,, ~•a,F>an -I S~ O m v Q. 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C • ` a 1 r~ 1 ~ Rt ~ r (Ily p ~ R a 8~ r 0 f~ ( j r I y I p , Sir, IPI ` ~ I,r'ia*I v~ , f i { Ni 11 Y~ [44 s4,; AN f ip ~u, R rn ~ I r I( ~ '7 ~r J ~ a r M ~ ,x ~Y 4~~16+ y~. ~'y"~1(M" 17 Y a u q5 a ` ~ e t ~[eil+#°4ti _ G~afa t ; Yj 1~ S~~I Y f~ 1 A Y ~ L t ~ w3 n ® a~ + ~M ItiR n D - ~ + wfa z ~ 1 w 1 ~ t L Y ~011 jff i~r' aa, L ~ f• ~ ~ \ , i[~Ci'~, ,SA a1 i 1 i ~f ~ ~ trt ~t 1 + i .s 1 0 3 a x y a~ 15 0 t 0 0 ° y o o V1 1W~~ aoi ti p y w ~ U tom. ~ ~ ~ ~ a O ti m ~ P. ° G U w ° cn a~ o C7 a~mY ~ e ~l?~`17E `xi k i-1 as i11~10 1 1 'L t~ $ >y~ r~~t x I Z:l i-~ 16 Agenda No Agenda Item Date 1 I - l DD AGENDA INFORMATION SHEET AGENDA DATE November 14, 2000 DEPARTMENT- Utility Administration CM/DCM/ACM• Howard Martin, ACM/Utilities 349-8232 i " SUBJECT Receive a report, hold a discussion and give staff direction regarding approval of a professional services contract with Alan Plummer & Associates for the design of an effluent reuse line to be installed along Maylull Road in an amount not to exceed $192,530 BACKGROUND State and Federal environmental regulations have resulted in wastewater effluent water quality being better than the streams and reservoirs that the water is discharged into, in many cases The effluent quality from the Pecan Creek Water Reclamation Plant meets the highest standard (Type I) for effluent reuse The City of Denton's wastewater department is interested in providing wastewater effluent as an alternative for irrigation water The Water Reclamation Division has set the goal of funding this operation through the sale of products produced at the facility We are making progress with the sale of compost products to pay for solids handling To achieve our overall goal the sale of effluent will be the key We currently discharge 4 5 billion gallons of treated effluent to Pecan Creek annually At the proposed $135/1,000 gallon price that represents possible revenues of $3,543,750 during peak irrigation periods The Water Reclamation Division is interested in providing effluent reuse water to customers in the vicinity of the water reclamation plant The division has discussed this issue with five (5) potential users located along Mayhill Road south of the Water Reclamation Plant The businesses contacted are very interested in the possibility of using the effluent water for irrigation purposes and have each verbally agreed to a take-or-pay contract at a minimum monthly charge for a minimum duration of 5 years The business will pay abase monthly charge whether or not effluent water is utilized In months where the base charge is exceeded, the effluent charge will be calculated based on the $13511,000 gallon rate The proposed rate of $135/1,000 gallons will remain constant during the first 5 years of service This engineering contract will also provide the engineering design to connect the Spencer Power Plant cooling towers directly to the effluent reuse line Currently effluent water is pumped to a holding pond and then pumped to the cooling towers Storing the cooling water in the pond results in degradation of water quality due to algae growth This increases contamination or fouling of the cooling Imes This proposed connection to the effluent line will reduce chemical treatment costs for the cooling towers 1 Alan Plummer Associates, Inc has submitted a proposal for engineering services for preliminary and detailed design pertaining to the reclaimed water pipeline (Exhibit I) They estimate the project to consist of approximately 13,600 LF of 18-inch and 8-inch reclaimed water pipeline to deliver treated wastewater effluent to the Oakmont Country Club south of State School Road in Corinth Included in this proposal is the design work for the direct connection of the cooling towers to the effluent reuse line Estimated cost for this project is approximately $1,600,000 We have received our draft permit from TNRCC for the Wastewater Treatment Plant Based on the modeling efforts from UNT we were able to determine the capacity of Pecan Creek and the backwater area of Lake Lewisville to process conventional pollutants without resulting in dissolved oxygen degradation to the creek environment The model indicates that we are near the upper limits on the amount of oxygen demanding pollutants that can be discharged to Pecan Creek Existing Permit Draft Permit BOD 10 7 TSS 15 10 NH3 3 25 DO 6 5 Flow 15 21 There are a number of options that will provide the additional wastewater service needs as the City grows, Following is the logical sequencing of steps which will allow the Wastewater Department to expand and meet service needs of the community while improving water quality and providing source water protection for our drinking water supply Watershed Protection Program Total Maximum Daily Load Effluent Reuse Program Treatment Capabilities Improvement Downstream Mitigation (Wetland Development) Additional Treatment Capacity in neighboring basins Hickory Creek, Clear Creek Cost estimates to provide the additional treatment necessary for the next Wastewater Treatment expansion that will maintain permit compliance are in excess of 5 million dollars The beneficial reuse of effluent has the potential of removing the seasonal loading on the stream thereby reducing the costs of the next plant expansion With the current drought that the region is experiencing optimization of potential water sources is critical In Denton's case not only are we experiencing severe drought conditions, growth has caught up with our capacity to provide water to our customers We will be looking at a number of options to continue to be able to provide water needs to our customers One area that we want to capitalize is the reuse of effluent water from the Wastewater Treatment Plant for 1mgation purposes 2 OPTIONS 1 Do not expand effluent reuse 2 Install line along Mayhill to accommodate existing customer base RECOMMENDATION Staff recommends approval of the engineering contact PRIOR ACTION/REVIEW (Council, Boards, Commissions) The PUB requested that we negotiate a minimum of three letters of intent with prospective customers prior to initiating the engineering contract FISCAL INFORMATION Option 1 No Cost Option 2 $1,600,000 (Excluding easement costs) MAP Exhibit I Respectfully submitted ~V,t Howard Martin Assistant City Manager for Utilities Exhibit I Project Location Exhibit II Proposal for Professional Services Reclaimed Water Pipeline 3 Tit NnrmLekss Park 0 61U0 7e mp r ,p N TX Ptlrommtls 0.001014 mod Ff ~$ToIU OsM tkwnm OAN1DAa Mod 7WU Camp11a d( OAOIO.90111od 1> Moak Park 0.1410.11 mp CIVIC centsr vam OABI0.11 mod UNr Campus 0.4610.69 mp Oakum w Cometary 0 OM 09 mod Wsatowater Plam Mir Golf Caums t ~i s IOOP GmsWy 06610 03 mp ` n 0.10!016 mod steam plant l a teeal tl t.nnm Donlon Rogional Medical Center Anbeam Corp Oakmont Cou Club Water Reuse Lines + N Existing vo Proposed N WE Water Reuse Plan - Exhibit I s Amhq am-or ENVIRONMENTALENGINEERS OESIGNEKS SCIENTISTS k JAMES L ALTSTAETTER PE 1457-0800 STEPHEN J COONAN PE PEGGY W GLASS Ph D October 3, 2000 DAVIDA GUDAL PE A LEE HEAD III PE BETTY L JORDAN PE LORETTA E MOKRY Mr Jun Coulter MAMA PERKINS PE Director of Water and Wastewater Utilities ALAN H PLUMMER JR PE DEE City of Denton RICHARD H SMITH PE 215 East McKinney Street ALAN RTUCKER PE Denton, Texas 76201 P JONATHAN YOUNG PhD PE Re Proposal for Professional Services Reclaimed Water Pipeline Dear Mr Coulter Alan Plummer Associates, Inc (APAI) is pleased to submit two copies of a proposed engineering services scope of work for preliminary and detailed design pertaining to a reclaimed water pipeline This scope of work incorporates our discussions of the project last week We estimate the protect to consist of approximately 13,600 LF of 18-mch and 8-mch reclaimed water pipeline to deliver treated wastewater effluent to the Oakmont Country Club, the Denton State School, the Denton Regional Medical Center, and the Andrews Corporation along Maylull and State School Roads A very conceptual opunon of construction cost for this portion of the project is approximately $16 mullion In addition, modifications to the existing reuse system supplying treated effluent to the Municipal Power Plant will be evaluated to enable the system to automatically deliver water to the cooling tower sumps Currently, the power plant staff has to call the water reclamation plant staff when additional water is needed We propose to pra-,,de ; re'..-nman ar7' detailed design -enlres far a lump sum fee of $117,000 The prelunmary design phase will consist of confirming the total proposed reuse flows, determuung the number of easements required for the system proposed, preliminarily identifying utility and other significant conflicts, identifying necessary permits, developing an overall system control strategy, and evaluating options for automatically supplying the power plant 757 IERVIEW COURT SU. FORT WORTH TEXAS 76118 7110 PHONE 817 284 2724 EXHIBIT 11 METRO 817 589 2226 r5 FAX METRO 817 589 0072 l JULL JULLL.1 Page 2 October 3, 2000 Detailed design of the project will consist of designing approximately 13,200 LF of 18-inch pipeline and 400 LF of 8-mch pipeline, five (5) meter stations (Denton Regional Medical Center, Andrews Corporation, Denton State School, Oakmont Country Club, and the Denton Municipal Power Plant delivery points) with a turbme-type meters, six (6) air release valves, a bore of Maylull Road and a bore of I-35E at Mayhill Road, a SCADA telemetry system, and the minimum instrumentation and controls to make to system work properly We will prepare a final opinion of construction cost and will submit any necessary TxDOT and/or COE Section 404 nationwide-type permits An estimated hourly budget is attached for your information In addition to the Basic Services listed above, certain Special Services will also be required These Special Services include topographic, easement, and construction surveying, a TNRCC receiving pond permit, and an allowance for additional meetings and other Special Services that may be required The total recommended budget for these Special Services is approximately $75,530, of which approximately $48,500 is for surveying A very preliminary opimon of project costs is included for your information Design of pump station modifications, an elevated storage tank and/or a hydro-pneumatic pressure system at the water reclamation plant will be an Additional Service Although somewhat cumbersome, the overall reuse system can function initially by manually turning on the existing reuse pumps at the wastewater treatment based on a signal from either the power plant or the southern customers The plant operator will then open a main line valve to direct flow to the appropriate delivery points After a predetermined number of gallons are delivered the pumps will automatically turn off, similar to the current operational control system We appreciate this opportunity to submit this proposal to the City of Denton If you have any questions or require any additional information regarding this proposal, please let me know Sincerely, ALAN PLUMMER ASSOCIATES, INC A Lee Head III, P E Principal ALH/les Enclosures cc Mr Cletus R Martin, P E , Alan Plummer Associates, Inc, Fort Worth, Texas F TROJECTSW57MooTenton Reuse Proposal Cover Letter doe 6 PROJECT DESCRIPTION AND SCOPE OF WORK (Revised) Wastewater Reuse Pipeline (October 3, 2000) The Engineer shall perform the following basic services under this Contract in two (2) phases Preliminary Design and Detailed Design as described below BASIC SERVICES Preliminary (Design Phase During the Preliminary Design Phase of the project, the Engineer shall ❑ Participate in a kickoff meeting with City to verify City's requirements for the project, review avdilhble data, and establish the design criteria ❑ Perform a physical tour of the proposed pipeline route, including the existing route which terminates at the power plant, and physical inspection of existing pump station and related appurtenances ❑ Determine the operational scenarios for the proposed pump station and reuse system It is assumed that initially the existing reuse pumps will be turned on manually at the wastewater treatment plant based on a signal from the power plant or one for the reuse customers The plant operator will then open a main line valve to allow flow to the appropriate delivery points After a predetermined number of gallons are delivered the pumps will automatically turn off, similar to the current operational control system ❑ An evaluation of facilities required to enable the automatic system operation will be conducted Additional facilities to be evaluated will include installing variable frequency drives on the existing reuse pumps, adding additional pumps, installing a hydro pneumatic pressure system, and installing a standpipe or elevated storage tank to maintain system pressure and allow the delivery of reuse water to each customer on demand ❑ Determine the number of easements that will be required for the proposed system following Mayhill Road south of the plant ❑ Confirm the pipeline routing and alignment ❑ Identify utility conflicts and permitting requirements ❑ Size the pipeline through its route of approximately 2 75 miles A-1 F TROJEM\457\0800\Scope do 7 Detailed Design Phase After written authorization to proceed with Detailed Design, the Engineer shall ❑ Prepare detailed Plans and Technical Specifications for construction of the improvements as determined during the Preliminary Design Phase These improvements are assumed at this time to consist of approximately 13,200 LF of 18-inch diameter PVC pipeline, approximately 400 LF of 8-inch diameter PVC pipeline, five (5) reinforced concrete buried meter station each with a turbine-type flow meter, six (6) air release valves, a bore of Mayhill Road and a bore of 1-35E at Mayhill Road, a SCADA telemetry system, a motorized control valves and pressure sustaining valve at each delivery point (The two existing pumps will continue to be used and will not be replaced ) ❑ Prepare Contract Documents incorporating North Central Texas Council of Governments Standard Specifications Contract Documents will include contract agreement forms, general conditions and supplementary conditions, invitation to bid and instructions to bidders, and itemized bid proposal forms Any additive and/or alternate bid items for construction will be incorporated into the bid proposal forms, if applicable ❑ Furnish to City a revised opinion of probable construction costs based on the Plans and Specifications ❑ Subinittal to TxDOT permit for crossing I-35E and any required Corps of Engineers Section 404 nationwide permits for stream crossings ❑ Conduct a QC meeting in APAI's Ft Worth office ❑ Attend our (4) separate project related meetings with city staff in Denton ❑ Provide four (4) sets of Plans and Specifications and Contract Documents to City for review ❑ Provide one set of reproducible and twenty (20) sets of final Plans and Specifications and Contract Documents to City for use in advertising the project for bids The total fee for Preliminary and Detailed Design is a lump sum amount of $117,000 A-2 FiPROJECrSi457\0800\Scope dm 8 SPECIAL SERVICES Special Services are services that are known to be required for the completion of the project that the Owner agrees are services that may be provided by the Engineer that cannot be defined sufficiently at the time of contract negotiation to establish maximum compensation These services are not included in the Scope of Work of Basic Services nor is the amount of compensation for Basic Services The City's authorization must be granted prior to performing or exceeding the budget amount set for these Special Services SpecialServices for this project are as follows 1 Pipeline Topographic Surveys A budget allowance of $31,280 is recommended for this item 2 Easement/Property Surveys A budget allowance of $11,500 is recommended for this item, allowing ten (10) easement documents to be prepared 3 Preparing TNRCC receiving pond permits for treated wastewater effluent A budget of $12,000 is recommended for this item allowing up the four (4) ponds to be permitted 4 Other Special Services including City of Denton Tree Permits, County Road Permit, Easement Revisions, revisions to the Plans after approval by the city, construction phase services, and meetings beyond those covered in Basic Services (four total) will be provided as an Additional Special Service An allowance of $15,000 is recommended for these Additional Special Services A-3 F \PROJECTS4457i0800\Scope dw 9 Prolecd2000%120sn9_bud5 wb2 City Of Denton 00 120 Reuse Pipeline Design Phase (Revised) Engineer Budget 02 2000 Task Item and Description Principal PMJ Mngr ProJ Engr Technician Clerleal 1x Hours Coat Detailed Design Preliminary Design See Breakdown) 16 94 136 80 12 0 318 $29,4410 2518% 1 Technical Specifications 4 18 40 0 24 0 84 $7,080 605% J PIaNPro0le Sheep (20 chests) 4 18 80 160 0 0 280 $21160 1608% L Delivery PaintsiBi es/Detallwetc 0 16 32 40 0 0 Be $7,480 639% M Cowdinale with Surveyors 0 8 18 16 0 0 40 $3440 294% N Rewew/Conact 8 18 16 16 16 0 72 $9,400 $47% P Project Management 4 24 0 0 24 0 52 $4560 390% O OC 8 8 110 e 16 48 $4,960 424% R Opinions of Cost 4 8 16 0 4 0 32 $3060 2 81 % S Site VIaBUCIkM Meetings 4 24 24 6 0 0 Go $5,880 502% 0 TOTAL HOURS 52 230 368 300 Be 18 1054 LABOR RATES PER HOUR $8869 MOUNT $7800 E25 300 $31280 $22600 $4640 $1 780 OTAL LABOR 667%, 2182% 28 73% 19 23% 4 14% 150% S9J 180 $8S 180 79 86% EXPENSES am eroakdown)) $27,579 2012% GRAND TOTAL $117019 100 00 EXPENSES Item Descrl tlon AMOUNT Surveying Subconouhant $0 Eladnael SUbronsukenl $15000 Structural 9uhconsuMM EO EaserrlMl9 $0 Misc $50 Mlleege 5200 ravel Meals $100 POSlegelFAX 5300 Telephone $100 Computer $2689 Welds Re rodumlOn $2500 Copies $350 Subconsuitant Merkup $2250 TOTAL DIRECT EXPENSES E23 539 10 PralectV0 kIZMerg bud6wb2 City Of Denton 00 120 Rouse Pipeline - Preliminary Design Phase (Revised) Engineer Budget s3m 2s°a c Item and Deacdp8on Principal Pro) Mngr Pro By r Technician Clerical QC; Hours Cost % Preliminary Design 0 Kick-off Mtg/She Inveatlgatiort 4 4 0 0 0 0 8 51 040 353% ConlInn Flows 0 8 16 0 0 0 24 $2240 760% B Oetemme Pipeline Alignment 0 8 24 18 2 0 s0 $4,230 1436% C Identity ConPocts/Permhs 0 2 16 8 0 0 28 $2,180 740% D Pump Station AOematrves 4 16 24 18 0 0 60 $5600 1901% E System Controls 4 16 32 16 2 0 70 $8,390 21 69% F Coordinate with Easements 0 8 8 0 0 0 18 $1 880 530% G Quarry Takacffa/Opinlons of Cost 0 0 0 0 0 0 0 s0 000% H Wme/Present Preliminary Des Report 0 0 0 0 0 0 0 s0 000% M Client Meetings/She vote 4 24 18 4 0 0 48 $4,800 1663% P Project Management 0 6 0 0 8 0 48 $1,320 448% 0 OC 0 0 0 0 0 0 0 $0 000% TOTAL HOURS 16 94 136 60 12 0 350 318 LABOR RATES PER HOUR $6417 MOUNT 52400 $10340 $11 Sao $4500 5680 $0 TOTAL LABOR 816%1 35 10% 39 24% 15 27% 2 24% 0 00% $29 480 529 480 10000% EXPENSES (see breakdown) $0 000% GRAND TOTAL 529,480 100 00 EXPENSES Item Description AMOUNT Surveying Subwnsuhant s0 Electrical Subwnsultsnt s0 °1,uctural Subwn3u8ant $0 mans sa- c $0 Mileage s0 Travel Meals $0 Poatage/FAX $0 Telephone $0 Computer 50 Outside Reproduction $0 Copies $0 Subwnsultant Markup $0 TOTAL DIRECT EXPENSES $0 City of Denton REUSE PIPELINE CONCEPTUAL OPINION OF PROJECT COSTS October 3, 2000 1 18 inch pipeline' 13,200 LF $55 $726,000 2 8 inch pipeline 400 LF $30 $12,000 3 4 inch pipeline 400 LF $15 $6,000 4 Meter vaults / meters / PRV 5 EA $25,000 $125,000 5 Bore at 1-35 and Mayhill 600 LF $400 $240,000 6 Air release valves 60 EA $6,000 $36,000 7 SCADA/Electrical 1 LS $75,000 $75,000 8 Use Existing Pump Station Hydro-pneumatic tank 1 LS $0 Site electrical & controls 1 LS $0 Pumps with VFDs 1 LS $0 Sitework / Road 1 LS $0 Pipe, valves and fittings 1 LS $0 Pump Station Subtotal $0 Construction Sub-total $1,220,000 Construction Contingencies (@ 15%) $183,000 Preliminary Opinion of Construction Cost $1,403,000 Preliminary Engineering $0 Detailed Design $117,000 Allowances Bidding if Construction Related Engineering Services $0 Easement Descriptions (10 @ $1,150/each) $11,500 Topographic Surveying - Pipeline (13,600 LF @ $2 30/LF) $32,200 Topographic Surveying - Pump Station $0 TNRCC Receiving Pond Permits (4 @ $3,000) $12,000 Other Special Permits / Additional Meetings / Record Drawings/ etc 1$ 5,000 Preliminary Opinion of Total Project Cost ( year $ 2000 ) $1,590,700 Cost adjusted for use of city crews and material on a portion of the project f/proposaV2000/00-120 City of Denton/opinion of cost - revised 2 10/3/00 11 14 AM 1 2 Agenda rda. Agenda to AGENDA INFORMATION SHEET Date AGENDA DATE November 14, 2000 DEPARTMENT Legal Department CM/DCM/ACM Ed Snyder, Deputy Assistant City Attorney/Legislative Coordinator SUBJECT: Receive a report, hold a discussion on group homes BACKGROUND. Attached is a confidential memorandum to the City Council from the Legal Department OPTIONS: Amend current development regulations for group homes or get additional public input on group homes as the Denton Development Code is being distributed to the public RECOMMENDATION: Receive input from the public and adopt group home regulations as part of the Denton Development Code The Legal Department recommends that group homes in excess of four residents, other than Commumty Homes for the Disabled, be located in the areas designated for multifamily in the new code and have a specific use permit and a license as long as the structure can accommodate the number of residents under the building code's definition of maximum occupancy restrictions PRIOR ACTION/REVIEW (Council, Boards, Commissions). This item has been discussed in several previous workshops held on the Denton Development Code FISCAL INFORMATION. None Respectfully submitted Ed Snyd r Deputy it ttorney 5\OUr DOCUmenW9aode Info.mmon.M1ee4COc TO Mayor and City Council members FROM Dorothy G Palumbo, Senior Assistant City Attorney SUBJECT Denton Development Code Legal Issues concerning Group Homes DATE November 10, 2000 CONFIDENTIALITY NOTE: This memorandum and any accompanying enclosures are intended as attorney/client communication between the undersigned attorneys and the City of Denton through its duly authorized constituents The addressees and noted copy recipients, acting within their official capacities on behalf of the,City of Denton, are the only intended recipients 1 What laws protect group homes and Community Homes for the Disabled? Group homes that serve handicapped persons are protected by both federal fair housing law' and state statutes 2 The Texas Human Resources Code § 123 003 et seq , Community Homes for the Disabled, states that community homes that serve no more than six disabled persons and two supervisors, and meet state licensing requirements, are automatically entitled to locate in all residential districts, but may not be established within one-half mile of another such home The one-half mile limit conflicts with broad federal fair housing law prohibitions against discrimination against handicapped persons Attorneys at the Texas Department of Mental Health and Mental Retardation have advised that the Federal Fair Housing Act preempts this provision and that the state will not enforce the one-half mile restriction The state licensing requirements set a maximum occupancy restriction The dwelling must be able to accommodate one resident for a bedroom of 100 square feet and two residents for a bedroom of 120 square feet The resident supervisors must have a separate bedroom In issuing the state license, the Texas Department of Mental Health and Mental Retardation make sure that the structure can accommodate the number of residents under the maximum occupancy restriction Therefore, according to the information that we received from the state, the majority of the homes contain only 4 residents 'Federal Fair Housing Act, 42 U S C 3601-3631 City of Edmonds v Oxford House Inc 514 U S 725 (1995), held that single-family district regulations are not exempt from the federal requirement to make a reasonable accommodation for groups of disabled persons See also Elderhaven Inc v City of Lubbock 98 F 3d 175 (5ih Cu 1996), which upheld an ordinance requnmg special approvals and standards for certain group homes : TEX HUM RES CODE § 123 003 A 1997 statute expanded the scope of "community homes" to include "a personal care facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure maintains compatibility with the surrounding residential dwellings " Acts 1997, 75" Leg, ch 491, § 1, eff Sept 1, 1997 2. What are Home and Community-Based Service Homes9 The City has been receiving numerous calls about the location of Home and Community- Based Service ("HCS") homes that have located in Beverly Estates and in Southridge These homes provide care for mentally challenged individuals The HCS homes are staffed for 24-hour care for up to 4 residents The staff does not live on site The HCS homes are federally funded and authorized by the Health Care Finance Administration under § 1915 of the Social Security Act These funds are passed through to the Texas Department of Mental Health and Mental Retardation The Department contracts with private providers The provider for Beverly Estates is D&S Residential Services The provider in Southndge is Texas Sunrise Services The Department provided copies of the contracts to the City after the City submitted a Public Information Act Request 3 Can the city require that the HCS homes obtain a specific use permit under the city's current zoning ordinance? The City's current zoning ordinance defines a family as any number of individuals living together as a single housekeeping unit, in which not more than 4 individuals are unrelated by blood, marriage or adoption Denton City Code § 35-3 A family can reside in any residential zoning district A group home is defined as a community-based residential facility providing twenty-four hour care in a protected living arrangement for not more than 15 residents plus 1 supervisor per 4 residents The classification includes homes for the handicapped as defined in 42 U S C § 3602(h), the Federal Fair Housing Act Denton City Code § 35-76 Group homes are allowed in SF-7 through SF-16 residential districts with a Specific Use Permit The Federal Fair Housing Act, 42 US C § 3601, et seq (1968), as amended, ("Act") preempts state and local regulations and defines handicap as having a physical or mental impairment, which substantially limits one or more of such person's major life activities The Act prohibits discrimination against persons with handicaps Discrimination is prohibited in the "terms, conditions or privileges of the sale or rental of a dwelling because of such handicap 42 US C § 3604(f)(3)(B) (1988) The Act exempts `reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling 42 U S C 3607(b)(1) 1988) The City cannot require the HCS homes to comply with the Specific Use Permit procedures of the zoning ordinance because the code under the definition of a family allows 4 unrelated persons to reside together The United Stated Supreme Court in the Edmonds case held that a city could not rely on a similar definition of a family as a maximum occupancy restriction to prohibit 4 unrelated handicapped persons from residing together 4. Will the new Development Code require specific use permrtO The new Denton Development Code does not regulate Community Homes for the Disabled, see section 35 9 1 The Development Code requires a Specific Use Permit for Group Homes for Handicapped Persons, Assisted Living Facilities or Institutions in mulufbrmly districts and requires a license Each year the facility would have to apply for a license renewal unless the council determined that this provision should be omitted The new Development Code relies on the building code to define the maximum number of occupants allowed in a dwelling The group home would have the burden to show that the number of residents will not exceed the maximum number of occupants allowed according to the size of the dwelling The code provisions were drafted from the Lubbock Group Homes Ordinance, which was upheld by the 5`h Circuit The license requirements were not challenged Lubbock has not had any problems in enforcing the license requirements Agenda No 'a q9 - AGENDA INFORMATION SHEET Agenda Item Date AGENDA DATE: November 14, 2000 DEPARTMENT: Planning & Development CM/DCM/ACM• Dave Hill, 349-8314 SUBJECT Receive a report, hold a cscussion and give staff direction regarding state annexation law, boundary adjustments to annexation tracts, and agreements in lieu of annexation (Ryan/Country Club Annexation A-101 & US377/135W Annexation A-102) BACKGROUND City Council decided during the November 7, 2000 meeting to discuss annexation options during a work session before taking further action regarding A-101 and A-102 referenced above Land use information requested is currently being collected, and will be provided at the November 14a' work session Information regarding legal research related to agreements in lieu of annexation and a copy of state annexation law with 1999 revisions highlighted will be provided separately OPTIONS The intent of the work session is to allow Council the opportunity to take additional information into account before determining how to proceed with annexation proceedings for A-101 and A-102 The work session discussion by Council is anticipated to address issues such as 1 Can agreements in lieu of annexation be used to fulfill city objectives by insuring proper development review prior to plat submittal without actually annexing the properties nowq 2 If agreements in lieu of annexation are not feasible or not supported by Council, will the proposed annexation proceedings be contmued9 3 Are differentiations in type of land use activity, such as owner-occupied, active agricultural, or vacant / undeveloped sufficient to determine whether or not a property should be annexed9 4 If the proposed annexations were to be postponed and listed on the city's state-mandated annexation plan, what procedures and requirements will the city face when interest in annexation is resumed? RECOMMENDATION Staff recommends that Council determine annexation boundaries, or an alternative to annexation, that will be supported and pursued through formal action t ESTIMATED PROJECT SCHEDULE Council consideration of adoption of the annexation ordinances on first reading is scheduled for November 28th Any delay of this date beyond December 3`d would require that new annexation proceedings be initiated PRIOR ACTION/REVIEW This is the first work session scheduled to discuss agreements in lieu of annexation as related to annexations A-101 and A-102 FISCAL INf+ORMATION Pursuit of agreements in lieu of annexation, regardless of degree of legal risk, will require considerable resources to execute such agreements ATTACHMENTS None Respectfully submitte D Hill Assistant City Manager, Development Services 2 Agenda Agenda It _ o AGENDA INFORMATION SHEET Date AGENDA DATE: November 14, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT-'(A-102) (US377II-35WAnnexation) Consider and !take action regarding an involuntary annexation and service plan for approximately 1,446 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ET,1), for thei following tracts Tract #1: approximately 504 acres of land located in the southwestern side of the City ofDenton's extraterritorial jurisdiction west of US Highway 377, south of Allred and north of Johnson Lane Tract #2: approximately 940 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 37 Tract #3: approximately 17 acres of land located northeast of the intersection of Corbin and Bonnie Brae a Consider and take action on amendments to the boundaries of the proposed annexation by deleting certain properties currently included in the above referenced tracts from the annexation proceedings, and b 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 1,446 acres of land located 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 Two required public hearings were held during the October 24th and November 7`h Council meetings In addition, a neighborhood meeting was held on Monday, November 6`h, at 6 30 PM, at the Argyle Elementary School, to answer questions and listen to comments During the November 7, 2000 meeting, Council approved the deletion of former Tract #4, a 173-acre tract and several parcels from Tract #2, by a vote of 7-0 The remaining area under annexation consideration has now been reduced from 1, 711 acres to 1,446 acres by deleting 265 acres The deleted parcels are reflected in Attachment #1 Council also decided to continue to deliberate 1 and possibly take action regarding further parcel deletions, pending the provision of additional information regarding current land uses and agreements in lieu of annexation The information requested will be addressed by Council during a separate work session discussion On November 8, 2000, the Planning and Zoning Commission voted 3-2 (Rishel, McNeil, and Moreno - in favor, Holt and Gourdy - opposed, Apple and Williams - absent) to recommend approval of the proposed annexation excluding Tract 4 (Happy Acres), Tract 1 (504 acres - the area south of Allred Road), the 87 acres out of Tract 2 (parcels 32-53) and the amended service plan Several Commissioners expressed concern that the developed properties were excluded, since they won't be coming backto the city for any permits, zoning or subdivision approvals Commissioner Gourdy voted in opposition to the annexation because the developed properties will benefit from city services without paying taxes The Commissioners in favor also stated that this may be the last time that the city will be able to annex these properties with state annexation law constantly under attack Exclusion of Tract #1 (504 acres) was recommended by the Commissioners because they felt that these properties are family farms and would not be developing The Planning and Zoning Commission voted 5-0 to recommend approval to zone the subject annexation area Agricultural (A) if the annexation is approved SERVICE PLAN As per state law, a service plan has been prepared and made available for public inspection (Attachment #3) City Council approved amendments recommended by the Legal Department, which are incorporated in Attachment #3 Amendments based upon parcel deletions made on November 71h have not yet been prepared, but will be reflected in the draft ordinance if prepared for first reading adoption on November 28th 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 28a' Council meeting RECOMMENDATION Staff recommends that Council determine the extent to which the annexation boundaries should change by deleting additional properties if necessary A finding must be provided stating the public interest served by any such deletions If sufficient super-majority support does not exist to adopt the annexation ordinance, staff recommends termination of the proceeding to avoid unnecessary use of staff time and city funds that will be needed to complete the process 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 2 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 I 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 tlus 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 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 ESTIMATIED 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 3 PRIOR ACTION/ REVIEW The issue of annexation to 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 In Spring 1999, council declined to annex US 377 / I-35W parcels contained the current annexation under consideration 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 Neighborhood Meeting November 6, 2000 Public Hearing #2 November 7, 2000 P&Z Public Hearing & Recommendation November 8, 2000 ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Service Plan Respec fully bmitted I Z~' yr_ ouglas S Powell AICP Director of Planning and Development Prepared y. rb f 2 arcy atchff Development Review Manager 4 i Attachment 1 NORTH A-102 U.S. 377/1-35W Location Map °II o MON Scale Non 5 Excluded Properties in Tracts 2 and 4 NORTH A-102 (USI377/1-35 W Annexation Area) 7 8 2 35 T OB 3 Z 4] 41 42 Areas Removed 74 rn From Annexation 43 44 qg 46 qg Tracts 32 through 115 51 57 760 78 V ED 81 /9 8 106 0 LOCATION MAP Scale None Attachment 2 ANNEXATION SCHEDULE FOR US 377/1-35W 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 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 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 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-102 (US 377/135 W) 1. AREA ANNEXED The annexation area is located in the southwestern portion of the extra-territorial jurisdiction of the City of Denton, and contains approximately 1,710 acres The annexation area is located east of Interstate 35 West, south along Bonnie 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)(Vernon 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 POLICE, 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 0 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 Impl4mentation 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 H E A T (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. FWE 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 ■I Voluntary home fire prevention inspections ■I 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 I, 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, I 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 / 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 (#7) is being actively pursued at the present time, and is budgeted for Fiscal Year 2002-03, unless circumstances exist beyond the control of the city Station #8 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-mmute 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 9 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 additional 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 Denia 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 minimum of 30 acres will be necessary for such a facility, which would not be completed until near the time of area build-out 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 Floodplain / 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 floodplains as environmental and open space corridors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV. UTILITY (RATEPAYER) SERVICES A. STOLID 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(0) (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 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 includes 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 lie 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 Mayor 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 floodplain 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 VL CAPITAL IMPROVEMENTS PROGRAM WIP) 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 '/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 14 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 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 IX. AMENDMENTS The service i 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 agenda No OD -d ~ L 9 Agenda Item-,V' - AGENDA INFORMATION SHEET pate ~1 -~cI-DO AGENDA DATE: November 14, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT-(A-101) (Ryan RoadlCountry Club Road Annexation) Consider and take action regarding an involuntary annexation and service plan for approximately 1,280 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract #1: approximately 1,276 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 Consider and take action on amendments to the boundaries of the proposed annexation by deleting certain properties currently included in the above referenced tracts from the annexation proceedings, and b 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 1,280 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 Two required public hearings were held during the October 24ei and November 7a' Council meetings In addition, a neighborhood meeting was held on Thursday, November 9a', at 6 30 PM, at the McNair Elementary School, to answer questions and listen to comments During the November 7, 2000 meeting, Council approved the deletion of four parcels (#77, #88, #89, and #90 from a reference map) by a vote of 6-1 (Mayor Brock opposed) The four parcels total an estimated 90 acres, and the deleted parcels are reflected in Attachment #1 Council also decided to continue to deliberate and possibly take action regarding further parcel deletions, pending the provision of additional information regarding current land uses and agreements in lieu of annexation The information requested will be addressed by Council during a separate work session discussion 1 On November 8, 2000, the Planning and Zoning Commission voted 3-2 (Rishel, Gourdy, and McNeil - in favor, Holt and Moreno - opposed, Apple and Williams - absent) to recommend approval of the proposed annexation acknowledging that four parcels were excluded by City Council on November 7, 2000, and acknowledging the service plan amendments The Planning and Zoning Commission felt the development pressures in the area are very strong and that the proposed areas should be annexed in order to control development through the zoning ordinance and future development code Concern was expressed about excluding the four parcels Some members did not agree with the exclusions, and Commissioner Moreno implied that he voted in opposition to the annexation based upon the exclusions The Planning and Zoning Commission voted 5-0 to recommend approval to zone the subject annexation area Agricultural (A) if the annexation is approved SERVICE PLAN As per state law, a service plan has been prepared and made available for public inspection (Attachment #3) City Council approved amendments recommended by the Legal Department, which are incorporated in Attachment #3 Amendments based upon parcel deletions made on November 7th have not yet been prepared, but will be reflected in the draft ordinance if prepared for first reading adoption on November 28`h 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 Council determine the extent to which the annexation boundaries should change by deleting additional properties if necessary A finding must be provided stating the public interest served by any such deletions If sufficient super-majority support does not exist to adopt the annexation ordinance, staff recommends termination of the proceeding to avoid unnecessary use of staff time and city funds that will be needed to complete the process 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 2 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 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 (1307) a 90-day review period to assess compliance with the Voting Rights Act Submittal of proper documentation to the DOJ will snot 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 3 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 Woric 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 Public Hearing #2 November 7, 2000 P&Z Public Hearing & Recommendation November 8, 2000 Neighborhood Meeting November 9, 2000 ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Service Plan Respectfully submitted -t>f -4 ~c ol5ougkag S Powell AICP Director of Planning and Development Prepared by -4, 9 8 r, - arcy Ratcliff Development Review Manager 4 Attachment 1 NORTH A-101 Ryan Road/Country Club Road Annexation Location Map ® o ® ° lllim ,i.1V tl r,;s J - 1 1 Scale None 5 Excluded Properties in Tract 1 NORTH A-101 (Ryan Road/Country Club Road Annexation Area) 63 71 65 6 61 67 Lt. 66 7273- \64 9D 89 4 Areas Removed .96 From Annexation ~j (Total 86 acres) Tr acts 73 and 6 88 through 90 ~7G7 VT LOCATION MAP Scale None 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 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 Saturdav 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-101 (Ryan Road/Country Club Road) 1. AREA ANNEXED The annexation area located in the extra-territorial 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 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, 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 H E A T (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 (#7) is being actively pursued at the present time, and is budgeted for Fiscal Year 2002-03, unless circumstances exist beyond the control of the city Station #8 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 9 annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the existing population C LOADS 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 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 additional 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 Denia Park, located at 1001 Parvm (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, which would not be completed until near the time of area build-out 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 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 Floodplain / 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 ii 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(0) (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 lie 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 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 floodplain 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 I 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. OTOER 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 '/2) years after the effective date of the annexation Construction will be completed within four and one- half (4 '/2) }ears 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 IX. 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 Ryan Area - Tract I ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J Severe Survey, Abstract Number 1164, the W Roark Survey, Abstract Number 1087, the B B B & C. R R Survey, Abstract Number 196, the T Martin Survey, Abstract Number 900, the A Gibson Survey, Abstract Number 498, the T Peacock Survey, Abstract Number 1589, the T Labor Survey, Abstract Number 779, the N Britton Survey, Abstract Number 51, the M Rogers Survey, Abstract Number 1080, the J Rogers Survey, Abstract Number 1084, the J Withers Survey, Abstract Number 1343, the J Schultz Survey, Abstract Number 1223, and the F Daugherty Survey, Abstract Number 348 and being more particularly described as follows BEGINNING at a point lying 500 feet southeast of and perpendicular to the centerline of U S Highway 377, said point lying at the intersection of a westerly northwest corner of the present Denton city limit line as established by Ordinance No 97-130, and a southerly northeast comer of the city limit line as established by Ordinance No 69-40 (Tract III), and the southeast corner of a 2 5 acre tract disannexed by the City of Denton by Ordinance 80-1 (Tract One), said tract being part of a tract of land, designated "Third Tract", as conveyed by Don B McClurkan, et ux, to V D Burch by deed dated March 16, 1932, and recorded in Volume 239, Page 191 of the Deed Records of Denton County, Texas, THENCE West, along the south boundary of said Burch tract, same being the south line of the said tract disannexed by said Ordinance 80-1 (Tract One), same also being along the said city limit line established by Ordinance No 69-40 (Tract III), a distance of 535 60 feet to a point for corner in the east right-of-way line of U S Highway 377, same being the southwest corner of said Burch tract and the said tract disannexed by Ordinance 80-1 (Tract One), THENCE Northeasterly, along the east right-of-way of U S Highway 377, same being the west boundary line of said Burch tract and the said tract disannexed by Ordinance 80-1 (Tract One), a distance of 274 70 feet to a point at the northwest comer of said Burch tract and the said tract disannexed by Ordinance 80-1 (Tract One), said point also lying on the north boundary line of the said J Severe Survey, Abstract Number 1164, same being the south boundary line of the said W Roark Survey, Abstract Number 1087, said point also lying at the southwest corner of a tract of land, designated "Second Tract", as conveyed by Don B McClurkan, et ux, to V D Burch by deed dated March 16, 1932, and recorded in Volume 239, Page 191 of the Deed Records of Denton County, Texas, same being a tract of land disannexed by the City of Denton by Ordinance No 80-1 (Tract Two), THENCE Northeasterly, continuing along the east right-of-way line of U S Highway 377, same being the west boundary line of the Burch tract and the said tract disannexed by Ordinance No 80-1 (Tract Two), a distance of 1,416 60 feet to a point for corner in the north line of said Burch tract, same being the northwest corner of the said tract disannexed by Ordinance No 80-1 (Tract Two), S BROW DorsTall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 1 of 16 Ryan Area - Tract 1 THENCE East, along the north line of said Burch tract and the said tract disannexed by Ordinance No 80-1 (Tract Two), a distance of 769.00 feet to a point for corner in the present Denton city limit line as established by Ordinance No 65-43 (Tract No IV), said point being 660 feet southeast of and perpendicular to the centerline of U. S Highway 377, THENCE Northeasterly, along the said city smut line established by Ordinance No 65-43 (Tract No IV), 660 feet southeast of and parallel to the centerlme of U S Highway 377, passing at 1,475 feet, more or less, the east boundary line of the said W Roark Survey, Abstract Number 1087, same being the west boundary line of the said B B B & C. R R Survey, Abstract Number 196, and continuing for a total distance of 2,295 feet, more or less, to a point on the northeast right of way line of the Kansas City Southern Railroad, same being a point at the westerly southwest corner of the city limit line as established by Ordinance No 81-76, THENCE South 35 degrees 27 minutes East, along the northeast right of way line of said railroad and the southwest city lunit line established by said Ordinance No 81-76, a distance of 898 13 feet to a point for corner at the southerly southwest corner of the city limit line established by said Ordinance No 81-76, THENCE North 89 degrees 37 minutes 22 seconds East, departing said railroad right of way and continuing along the south city lmut line established by said Ordinance No 81-76, passing at 1,481 feet the west right of way line of F M 1830, and continuing for a total distance of 1,521 feet to a point for corner at the southeast corner of the city limit line established by said Ordinance No 81- 76, said point lying on the centerlme of F M 1830 and on the east boundary line of the said B B B & C R R Survey, Abstract Number 196 same being the west boundary line of the said T Martin Survey, Abstract Number 900, THENCE North 00 degrees 54 minutes 40 seconds West, along said centerlme of F M 1830 and the said east boundary line of the said B B B & C R R Survey, Abstract Number 196 same being the east city limit line as established by said Ordinance No 81-76, a distance of 1,09130 feet to a point for corner at the most easterly northeast corner of the city limit line established by said Ordinance No 81-76, same being the most southerly southeast corner on the centerline of F M 1830 of the city limit line as established by Ordinance No 83-17, THENCE North 00 degrees 54 minutes 40 seconds West, continuing along the centerlme of F M 1830 and the city limit line as established by said Ordinance No 83-17, a distance of 355 feet to a point for corner in the city lmut line established by Ordinance No 83-17, THENCE North 89 degrees 46 minutes 35 seconds East, departing said centerline of F M 1830 and the east boundary line of the said B B B & C R R Survey, Abstract Number 196, same being the west boundary line of the said T Martin Survey, Abstract Number 900, and continuing along the city lrmlt line established by Ordinance No 83-17, a distance of 40 feet to a point for corner on the S BROW DocsTall Annexation 2000\Ryan Area Tract t doc 11/28/00 Page 2 of 16 Ryan Area - Tract 1 east right of way line of F M 1830, said point being the westerly southwest corner of the city lumt line established by Ordinance No 80-12, THENCE North 89 degrees 46 minutes 35 seconds East, continuing with the city limit line established by said Ordinance No 80-12, a distance of 640 75 feet to a point for corner, THENCE South 00 degrees 35 minutes 35 seconds West, along the city limit line established by Ordinance No 80-12, a distance of 761.95 feet to a point for corner, THENCE South 85 degrees 36 minutes 59 seconds East, along said city limit line established by Ordinance No 80-12, a distance of 23 60 feet to a point, THENCE North 89 degrees 56 minutes 53 seconds East, along said city limit line established by Ordinance No 80-12, a distance of 1,138 55, more or less, to a point for corner at the northwest corner of the city limit line established by Ordinance No 96-069, THENCE South 00 degrees 06 minutes 16 seconds East, along the most westerly west city limit line established by said Ordinance No 96-069, a distance of 1,016 25 feet to a point for comer at the westerly southwest comer of said city lunit line established by Ordinance No 96-069, THENCE North 89 degrees 47 minutes 21 seconds East, along the said city lint line established by Ordinance No 96-069, a distance of 515 04 feet to a point for corner, THENCE South 00 degrees 37 minutes 05 seconds West, along the said city limit line estabhshedby Ordinance No 96-069, a distance of 271 14 feet to a point for corner in Sanders Road, THENCE South 89 degrees 07 minutes 03 seconds East, along said Sanders Road and along said city linut line as established by Ordinance No 96-069, a distance of 326 35 feet to a point for corner, said point lying on the east line of the said T Martin Survey, Abstract Number 900, same being the west line of the said A Gibson Survey, Abstract Number 498, said point also lying on the west city limit line established by Ordinance No 92-060, THENCE South 00 degrees 19 minutes 42 seconds East, along the west line of the said A Gibson Survey, Abstract Number 498, and the said west city limit line established by Ordinance No 92- 060, a distance of 472 72 feet to a point at the southwest corner of the said city limit line established by Ordinance No 92-060, same being the northwest corner of the city limit line established by Ordinance No 93-188, THENCE South 00 degrees 19 minutes 42 seconds East, continuing with the west line of the said A Gibson Survey, Abstract Number 498, and with the west city limit line as established by said Ordinance No 93-188, a distance of 810 95 feet to a point for corner at the southwest corner of the city limit line established by said Ordinance No 93-188, said point also lying in the north right of S \ROW pocs\Fall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 3 of 16 Ryan Area - Tract 1 way line of Ryan Road, a public road, THENCE South 89 degrees 22 minutes 47 seconds East, along the said north right of way line of Ryan Road and along the city lmut line established by said Ordinance No 93-188, a distance of 1,315 61 feet to a point for corner at the southeast corner of the said city limit line established by Ordinance No 93-188, THENCE North 00 degrees 37 minutes 33 seconds East, along the west city linnt line established by said Ordinance No 93-188, a distance of 513 39 feet to a point for comer at the southwesf comer of the Denton city Imut line established by Ordinance No 99-426, THENCE North 88 degrees 48 minutes 29 seconds East along said city limit line established by Ordinance No 99-426, a distance of 251 63 feet to a point for comer, THENCE North 00 degrees 37 minutes 00 seconds East continuing along said city limit line established by Ordinance No 99-426, a distance of 62 60 feet to a point for corner, THENCE North 88 degrees 49 minutes 00 seconds East continuing along said city limit line established by Ordinance No 99-426, a distance of 726 00 feet to a point for corner, THENCE North 09 degrees 19 minutes West continuing along said city limit line established by Ordinance No 99-426, a distance of 436 80 feet to a point for corner, THENCE North 09 degrees 17 minutes East continuing along said city limit line established by Ordinance No 99-426, a distance of 261 feet to a point for comer, THENCE North continuing along said city lumt line established by Ordinance No 99-426, a distance of 65 feet to a point for comer and being in the city lmut line established by Ordinance No 73-17, THENCE East, along said city linut line established by Ordinance No 73-17, a distance of 419 10 feet to a point for comer in the east boundary line of the said A Gibson Survey, Abstract Number 498, same being the west boundary line of the said T Peacock Survey, Abstract Number 1589, THENCE South 00 degrees 40 minutes 58 seconds East, along the said west city lmut line established by Ordinance No 73-17 and along the west boundary line of the said T Peacock Survey, Abstract Number 1598, a distance of 1,057 29 feet to a point for corner at the westerly southwest corner of the city lmut line established by Ordinance No 73-17, THENCE North 88 degrees 14 minutes 27 seconds East, departing the west boundary line of the said T Peacock Survey, Abstract Number 1598, and continuing along the south city limit line S BROW Docs\Fall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 4 of 16 Ryan Area - Tract 1 established by said Ordinance No 73-17, a distance of 832 73 to a point for corner in the east boundary line of the said T Peacock Survey, Abstract Number 1598, THENCE South 00 degrees 33 minutes 12 seconds East, along the said city limit line established by Ordinance No 73-17 and along the east boundary line of the said T Peacock Survey, Abstract number 1598, same being the west boundary line of the C Poullalier Survey, Abstract No 1006, a distance of 281 57 feet to a point for corner, said point lying in the south boundary line of the said C Poullaller Survey, Abstract Number 1006, THENCE North 88 degrees 32 minutes 08 seconds East, along the south boundary line ofthe said C Poullalter Survey, Abstract Number 1006, same being the north boundary line of the said T Labor Survey, Abstract Number 779, and the same being the southerly south city limit line as established by Ordinance No 73-17, a distance of 300 feet, more or less, to a point for corner at the northerly northwest corner of the city linut line as established by Ordinance No 77-5 (Tract I), THENCE South, departing the said north right of way line of Ryan Road and crossing said road and passing at 319 40 feet the south boundary line of the said T Labor Survey, Abstract Number 779, same being the north boundary line of the said N Britton Survey, Abstract Number 51,and continuing with the west city linut line as established by said Ordinance No 77-5 (Tract I) for a total distance of 1,336 60 feet to a point for corner, THENCE South 89 degrees 01 minutes West, along a north city limit line as established by Ordinance No 77-5 (Tract I), a distance of 605 5 feet to a point for corner, THENCE South 01 degrees 50 minutes East, along the west city limit line as established by Ordinance No 77-5, a distance of 674 62 feet to a point for corner, said point being the most northerly northeast corner of a city of Denton annexation tract established by Ordinance No 99-89, THENCE South 88 degrees 35 minutes 22 seconds West along the existing Denton city limits line established by Ordinance No 99-89, a distance of 1,339 64 feet to a point for corner, THENCE South 00 degrees 35 minutes 59 seconds East along the existing Denton city limits line established by Ordinance No 99-89, a distance of 665.43 feet to a point for corner, THENCE North 88 degrees 58 minutes 20 seconds East along the existing Denton city limits line established by Ordinance No 99-89, a distance of 48 53 feet to a point for comer, THENCE South 00 degrees 06 minutes 58 seconds West along the existing Denton city limits line established by Ordinance No 99-89, a distance of 2,583 68 feet to a point for corner, THENCE North 89 degrees 13 minutes 31 seconds East along the existing Denton city limits line S BROW DoesTall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 5 of 16 Ryan Area - Tract 1 established by Ordinance No 99-89, a distance of 1,17109 feet to a point for comer, said point lying in the north boundary line of the J Rogers Survey, Abstract Number 1084, same being the south boundary line of the N Britton Survey, Abstract Number 51, said point also lying in an east west road known as Hickory Creek Road, a public road, said point being the most westerly northwest corner of a City of Denton annexation tract established by Ordinance No 86-76, THENCE South 01 degrees 21 minutes West, along the existing Denton city limits line established by Ordinance No 86-76, a distance of 1,755 74 feet to a point for corner, said point lying on the most easterly northeast corner of Tract F-544 acquired by the U S Government, said point being monument number 544-9, THENCE North 34 degrees 19 minutes West along said U S Government line, a distance of 152 9 feet to a point for corner, said point being monument 544-8, THENCE North 78 degrees 46 minutes West along said U S Government line, a distance of 838 7 feet to a point for corner, said point being monument 544-7, THENCE South 09 degrees 13 minutes East along said U S Government line, a distance of 805 feet to a point for corner, said point being monument 544-6, THENCE North 77 degrees 37 minutes West along said U S Government line, a distance of 600 feet to a point for corner, said point lying on the northeast right of way line of the Kansas City Southern Railway, THENCE North 34 degrees 34 minutes West along the northeast right of way line of the Kansas City Southern Railway 2,360 feet to a point for corner, said point lying in the south right of way line of Hickory Creek Road, THENCE West along the south right of way line of said Hickory Creek Road, most of the way and continuing a total distance of 1,300 feet to a point for corner, said point being in the east line of a tract of land conveyed to Sowell Property Partners/Hickory Creek, LP by deed as recorded in Volume 4413, Page 933, Deed Records, Denton County, Texas, THENCE South 03 degrees 05 minutes 54 seconds East along the east line of said Sowell tract of land, a distance of 150 feet to a point for comer, being the northeast corner of the tract of land conveyed to Jack W Basden and wife, Beverly Holmquest Basden, by deed as recorded in Volume 832, Page 794, Deed Records, Denton County, Texas, said point being in the centerlme of Hickory Creek, THENCE South 89 degrees 34 minutes 53 seconds West, a distance of 1,740 feet along the south line of said Basden tract of land to a point for corner, said point lying on the west right of way line S BROW Docs\Fall Annexation 2000\Ryan Area Tract 1 doe 11/28/00 Page 6 of 16 Ryan Area - Tract 1 of Hilltop Road, THENCE North 00 degrees 09 minutes 00 seconds West along the west right of way line of Hilltop Road, a distance of 45 feet to a point, THENCE North 31 degrees 48 minutes 35 seconds West, a distance of 149 28 feet to a point, said point lying on the south right of way line of Brush Creek Road, THENCE South 88 degrees 04 minutes 34 seconds West along the south right of way line of Brush Creek Road, a distance of 726 62 feet to a point for corner, said point lying on the intersection of the south right of way line of Brush Creek Road and the east right of way line of F M 1830, THENCE South 82 degrees 36 minutes West across F M 1830, a distance of 200 feet to a pomt for corner, said point being the intersection of the south right of way line of Brush Creek Road and the west right of way line of F M 1830, THENCE Westerly along the south right of way line of Brush Creek Road, a distance of 1,810 feet to a point for corner, THENCE North across Brush Creek Road, passing at 60 feet the southeast corner of a tract of land conveyed to John Brent Kinard and wife, Mary E Kinard, as recorded in Volume 2157, Page 591, Real Property Records, Denton County, Texas, same being a point on the north line of Brush Creek Road and continuing north along the east line of said Kinard tract, passing at 434 14 feet the northeast corner of said Kinard tract, same being a point in the Graveyard Branch tributary, same being the most easterly southeast corner of a City of Denton annexation tract established by Ordinance No 97-130 and continuing north along the east line of said City of Denton annexation tract (Ordinance No 97-130) for a total distance of 5,310 feet to a point being the northeast corner of the James Severe Survey, Abstract Number 1164 and the northeast corner of said existing Denton city limits line as established by Ordinance No 97-130, THENCE South 88 degrees 34 minutes 45 seconds West along the existing Denton city limits line as established by Ordinance No 97-130, a distance of 1,240 69 feet, THENCE South 05 degrees 47 minutes 49 seconds West continuing along the existing Denton city limits line as established by Ordinance No 97-130, a distance of 193 72 feet, THENCE South 88 degrees 34 minutes 45 seconds West continuing along the said north city limit line as established by Ordinance No 97-130, a distance of 1,17123 feet to the POINT OF BEGINNING and containing in all 1,418 acres of land, save and except the 52 49 acre City of Denton annexation tracts described in Ordinance No 99-176 for a net acreage of 1,365 51 acres S BROW Docs\FaU Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 7 of 16 Ryan Area - Tract 1 SAVE & EXCEPT THE FOLLOWING TRACTS All that certain tract of land situated in the N Britton Survey, Abstract Number 51, and the T Labor Survey, Abstract Number 779,Denton County, Texas and being part of a called 52 486 acre tract of land described in the Partition Deed to Shelton Ryan recorded in Volume 2522, Page 898 of the Real Property Records of Denton County, Texas, as monumented and occupied on the ground the subject tract being described in Ordinance No 99-176, and being more particularly described in two parts as follows SAVE & EXCEPT TRACT A BEGINNING at the northwest corner of the tract being described herem at a point for corner at the northwest corner of said 52 486 acre tract in the south line of Ryan Road, a public road, THENCE South 88 degrees 55 minutes 09 seconds East with the south line of said Ryan Road a chstance of 872 29 feet to a point for corner at the northeast corner of said 52 486 acre tract, THENCE South with the east line of said 52 486 acre tract a distance of 1,048 00 feet to a point for corner, THENCE North 88 degrees 55 minutes 08 seconds West a distance of 872 14 feet to a point for comer in the west line of said 52 486 acre tract, THENCE North 00 degrees 00 minutes 28 seconds West a distance of 1,048 00 feet to the POINT OF BEGINNING and containing an area of 20 98 acres of land SAVE & EXCEPT TRACT B BEGINNING at the northwest corner of the tract being described herem at a point for corner in the west line of said 52 486 acre tract from which the northwest corner of said 52 486 acre tract bears North 00e00mmutes28 seconds West a distance of 1,048 00 feet, THENCE South 88 degrees 55 minutes 09 seconds East a distance of 872 14 feet to a point for comer in the east line of said 52 486 acre tract, THENCE South with the east line of said 52 486 acre tract a distance of 1,564 80 feet to a point for corner at the southeast corner of said 52 486 acre tract, THENCE South 89 degrees 49 minutes 45 seconds West a distance of 871 77 feet to a point for S BROW Docs\Fall Annexation 2000\Ryan Area Tract t doc 11/28/00 Page 8 of 16 Ryan Area - Tract 1 corner at the southwest corner of said 52 486 acre tract, THENCE North 00 degrees 00 minutes 28 seconds West a distance of 1,583 85 feet to the POINT OF BEGINNING and containing 31 51 acres of land SAVE AND EXCEPT THE FOLLOWING TRACTS SAVE & EXCEPT TRACT C All that certain tract of land situated in the Thos E Peacock Survey, Denton County, Texas and being part of a called 5 acre tract of land described in a Deed to Wayne S Ryan and wife Melbagene Ryan as recorded in Volume 516, Page 166 of the Deed Records of Denton County, Texas, and being more particularly described as follows COMMENCING at the Southeast corner of the Thos E Peacock Survey, same being the Southwest corner of the most Southerly C Poulaher Survey, THENCE North 30 feet to a point lying in the north right-of-way line of Ryan Road and being the POINT OF BEGINNING, THENCE North 239 41 feet to a corner on the East boundary line of said Peacock Survey, THENCE West 808 25 feet to the West boundary line of said Peacock Survey and the East boundary line of A Gibson Survey, THENCE South 239 41 feet to the Southwest corner of said Peacock Survey and the southeast comer of said Gibson Survey, THENCE East 805 47 feet with the South boundary line of said Peacock Survey to the PLACE OF BEGINNING, containing 4 43 acres, more or less SAVE & EXCEPT TRACT D All that certain tract of land situated in the T Labor Survey, Abstract Number 779, Denton County, Texas and being the tract of land conveyed to Wayne S Ryan and wife, Melbagene Ryan by deed as recorded in Volume 730, Page 599, Deed Records, Denton County, Texas and being more particularly described as follows BEGINNING at the intersection of the East line of the tract conveyed by Grover C Stuart to Mary Ryan at its intersection with the South line of an East-West public road, S SRO W Docffall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 9 of 16 Ryan Area - Tract 1 THENCE South at 259 4 feet more or less, the South line of the Labor Survey and contmumg a total distance of 1,276 6 feet more or less, a comer of the Mary Ryan tract, said corner being an inner ell comer of a tract conveyed to William J Lamberth, Trustee to Ross Forney by deed dated December 13, 1972, recorded in Vol 661, Page 507, Deed Records, Denton County, Texas, THENCE South 89 degrees 01 minute West with a fence 580 07 feet, a comer, THENCE North parallel with the East line of the Ryan tract 1,276 6 feet more or less, a corner in the South line of a public road, THENCE East with the South line of said public road 580 07 feet to the PLACE OF BEGINNING and containing 17 acres SAVE & EXCEPT TRACT E All that certain 65 504 acre tract or parcel of land situated in the Thomas Labor Survey, Abstract Number 779, and the Nathaniel Britton Survey, Abstract Number 51, Denton County, Texas, and being the tract of land conveyed to Wayne S Ryan by Partition Deed, as recorded in Volume 2522, Page 898, Tract One, Real Property Records, Denton County, Texas, and being more particularly described as follows COMMENCING at a 60d nail for the northwest comer of said Labor Survey, same being the northwest corner of said Ryan tract recorded in Vol 185, Page 485, THENCE South with the west line of said Labor Survey a distance of 32 35 feet to a fence comer post in the south right-of-way line of Ryan Road, THENCE with said fence and right-of-way, South 89 degrees 16 minutes 12 seconds East a distance of 119 75 feet to an angle point, THENCE with said fence and right-of-way, South 88 degrees 53 minutes 19 seconds East a distance of 1,618 15 feet to the POINT OF BEGINNING of the herem described tract, THENCE continuing with said fence and right-of-way the following calls South 88 degrees 53 minutes 19 seconds East, 90 00 feet to a point, South 89 degrees 19 minutes 23 seconds East, 174 90 feet to a point, South 87 degrees 50 minutes 17 seconds East, 311 78 feet to a point, S \ROW Docs\Fall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 10 of 16 Ryan Area - Tract 1 North 89 degrees 09 minutes 56 seconds East, 155 43 feet to a point, North 87 degrees 44 minutes 07 seconds East, 100 92 feet to a point, North 88 degrees 21 minutes 07 seconds East, 645 84 feet to a point, THENCE South 01 degree 12 minutes 08 seconds West with an east line of said Mary Ryan tract a distance of 1,268 13 feet to a point, THENCE North 89 degrees 49 minutes 59 seconds West a distance of 48 23 feet to a point same being the northwest corner of a tract conveyed to John Knox Village of the Metroplex, Inc and recorded in Vol 964, Page 128 Deed Records, Denton County, Texas, THENCE South 01 degree 19 minutes 49 seconds East a distance of 676 00 feet to a point for the most southern southeast corner of said Mary Ryan tract, THENCE South 89 degrees 30 minutes 14 seconds West with the south deed line of said Mary Ryan tract a distance of 1,335 83 feet to a point for the southwest corner of said Mary Ryan tract, THENCE South 00 degrees 17 minutes 11 seconds West with the east line of said E H Ryan tract recorded in Vol 185, Page 485, a distance of 721 29 feet to a point for the southeast comer of said E H Ryan tract, THENCE South 89 degrees 49 minutes 51 seconds West a distance of 80 00 feet to point, THENCE North 2,612 15 feet to the POINT OF BEGINNING, containing in all 65 504 acres of land SAVE & EXCEPT TRACT F All that certain 52 486 acre tract or parcel of land situated in the Thomas Labor Survey, Abstract Number 779, and the Nathaniel Britton Survey, Abstract Number 51, Denton County, Texas, and being the tract of land conveyed to Phoebe Ryan Higginbotham by Page 6 of Partition Deed, as recorded in Volume 2522, Page 898, Real Property Records, Denton County, Texas, and being more particularly described as follows COMMENCING at a 60d nail for the northwest corner of said Labor Survey, same being the northwest comer of said Ryan tract recorded in Volume 185, Page 485, S BROW AocsTall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 11 of 16 Ryan Area - Tract 1 THENCE South with the West line of said Labor Survey a distance of 32 35 feet to a fence corner post m the south right-of-way line of Ryan Road for the POINT OF BEGIrIING, THENCE with said fence and right-of-way, South 89 degrees 16 minutes 12 seconds East a distance of 119 75 feet to a point, THENCE with said fence and right-of-way, South 88 degrees 53 minutes 19 seconds East a distance of 746 00 feet to a point for the northeast corner of the herem described tract, THENCE South, parallel to the west line of the said Labor and Britton Surveys, 2,63165 feet to a point in the south line of said Ryan tract recorded in Volume 185, Page 485, THENCE with said south line South 89 degrees 49 minutes 51 seconds West a distance of 865 60 feet to a point in the west line of said Britton Survey, said point being the southwest former of said Ryan tract recorded in Volume 185, Page 485, THENCE North with the west line of the said Labor and Britton Surveys a distance of 2,650 20 feet to the POINT OF BEGINNING containing in all 52 486 acres of land SAVE & EXCEPT TRACT G Field notes to all that certain tract of land situated in the W Roark Survey Abstract Number 1087, B B B & C R. R Survey Abstract Number 196, J Severe Survey Abstract Number 1164 and J Withers Survey Abstract Number 1343, Denton County, Texas, and being a portion of the called 80 acre third tract described in the deed from V D Burch, et ux to Marvin Burch recorded in Volume 440, Page 214, Deed Records of Denton County, Texas, and being a portion of the called 255 acre first tract as described in the deed from Don B Mcklurkan, et ux to V D Burch recorded in Volume 239, Page 191, Deed Records of Denton County, Texas, and being a portion of the called 60 % acre second tract as described in the deed from Don B Mcklurkan, et ux to V D Burch recorded in Volume 239, Page 191, Deed Records of Denton County, Texas, subject tract being more particularly described as follows BEGINNING at the southwest corner of the said 80 acre third tract and also being the southeast corner of a tract of land described from George Winston McCleskey to Charles Pennington being recorded by County Clerk's File Number 95-R0008699 of the Real Property Records of Denton County, Texas and also being in the north right-of-way line of Brush Creek Road, THENCE North 01 Degrees 11 Minutes 18 Seconds West along the West line of said 80 acre third tract and the East line of said Charles Pennington tract a distance of 2,642 63 feet to the Northwest corner of said 80 acre third tract and the Northeast comer of said Charles Pennington S BROW DocsTall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 12 of 16 Ryan Area - Tract 1 tract also being on the South line of a said 15 acre tract to a point for corner of the herein described tract, THENCE North 89 Degrees 38 Minutes 03 Seconds West along the South line of said 15 acre first tract and the North line of said Charles Pennington tract a distance of 1320 36 feet to the Northwest comer of said Charles Pennington tract being on the West line of the called 149 985 acre tract as described in a deed from M X T X properties to Hills of Argyle Monticello LTD being recorded in Volume 4075 Page 87 of the R. P R D C T, THENCE North 01 Degrees 08 Minutes 59 Seconds West along the East line of said 149 985 acre tract and the West line of the said 255 acre first tract a distance of 2582 81 feet to the Northeast corner of the said 149 985 acre tract and also being the Southeast corner of the said 60 % acre second tract, THENCE South 88 Degrees 15 Minutes 50 Seconds West a distance of 2797 06 feet to a corner on the East Right-of-Way of U S Highway 377 and the beginning of a curve to the Right with a radius of 3719 60 feet for a corner, THENCE with said curve to the right having an arc length of 227 79 feet and a chord, which bears North 41 Degrees 34 Minutes 39 Seconds East a distance of 227 75 feet for a corner, THENCE North 43 Degrees 19 Minutes 55 Seconds East along the East Right-of-Way of Highway 377 a distance of 2268 80 feet for a comer, THENCE North 43 Degrees 54 Minutes 55 Seconds East along the East Right-of-Way of Highway 377 a distance of 695 18 feet to a Northwest corner of the tract of land described in the from D R Cameron and Associates Inc to City of Denton being recorded by County Clerk File number 97-R0O55783 of the said Real Property Records, THENCE South 20 Degrees 33 Minutes 55 Seconds East along the West line of said City of Denton tract and passing at a distance of 321 67 feet the Southwest comer of said City of Denton tract and being the Northwest corner of a tract of land described in the deed from Conme M Altemus to Bobbie M Simms being recorded in Volume 901 Page 771 of the said Deed Records a total distance of 530 81 feet for a corner, THENCE South 32 Degrees 40 Minutes 56 Seconds East along the West line of said Bobbie M Simms tract a distance of 404.43 feet for a comer, THENCE South 52 Degrees 35 Minutes 40 Seconds East along the West line of said Bobbie M Simms tract a distance of 242 48 feet for a corner, S SRO W Docs\Fall Annexation 2000\Ryan Area Tract I doc 11/28/00 Page 13 of 16 Ryan Area - Tract 1 THENCE South 00 Degrees 44 Minutes 30 Seconds East Along the West line of said Bobbie M Simms tract and passing at a distance of 67.11 feet the Southwest corner of said Bobbie M Sums tract also being the Northwest corner of the Connie M Altemus tract being recorded in Volume 901, Page 777 of the said Deed Records and continuing along the West line of the Conine M Altemus tract a total distance of 1004 92 feet for a comer, THENCE South 89 Degrees 23 Minutes 27 Seconds East along the South line of said Connie M Alteinus and the North line of said 255 acre First tract a distance of 715 00 feet for a comer, THENCE South 33 Degrees 06 Minutes 28 Seconds East along the West line of the Bildaco trust tract being recorded by County Clerk file number 93-R0026577 of the said Real Property Records a distance of 208 80 feet for a corner, THENCE South 76 Degrees 24 Minutes 28 Seconds East along the West line of said Bildaco trust tract a distance of 25 36 feet for a corner, THENCE South 36 Degrees 37 Minutes 55 Seconds East along the West line of said Bildaco trust tract a distance of 84 26 feet for a comer, THENCE South 43 Degrees 33 Minutes 19 Seconds East along the West line of said Bildaco trust tract a distance of 270 41 feet for a corner, THENCE South 41 Degrees 42 Minutes 01 Seconds East along the West line of said Bildaco trust tract a distance of 186 96 feet for a comer, THENCE South 28 Degrees 19 Minutes 43 Seconds East along the West line of said Bildaco trust tract a distance of 236 91 feet for a corner, THENCE North 62 Degrees 42 Minutes 50 Seconds East along the said South line Bildaco trust tract a distance of 236 46 feet for a comer, THENCE North 33 Degrees 27 Minutes 28 Seconds West along the East line of said Bildaco trust tract a distance of 277 08 feet for a corner, THENCE North 08 Degrees 47 Minutes 01 Seconds West along the East line of said Bildaco trust tract a distance of 436 63 feet for a corner, THENCE South 89 Degrees 57 Minutes 51 Seconds East along the South line of said Bildaco trust tract a distance of 825 70 feet for a corner, THENCE South 35 Degrees 22 Minutes 08 Seconds East along the South line of said Bildaco S \ROW DocsTall Annexation 2000\Ryan Area Tract 1 doe 11/28/00 Page 14 of 16 r - Ryan Area - Tract 1 trust tract a distance of 777 84 feet for a comer, THENCE South 00 Degrees 48 Minutes 47 Seconds East along the South line of said Bildaco trust tract a distance of 84 13 feet for a corner, THENCE North 89 Degrees 11 Minutes 13 Seconds East along the South line of said Bildaco trust tract a distance of 20 00 feet for a corner, THENCE South 00 Degrees 48 Minutes 47 Seconds East along the West Right-of-Way line of F M 1830 a distance of 508 06 feet to the Northeast corner of the tract of land described in the deed from Marvin C Burch and Mary Kate Burch to Richard Lee Burch recorded in Volume 1792 Page 86 of the Real Property Records of Denton County, Texas, THENCE West a distance of 500 feet to the Northwest corner of said Richard Lee Burch tract for a comer, THENCE South a distance of 450 feet to the Southwest corner of said Richard Lee Burch tract for a corner, THENCE East a distance of 500 feet to the Southeast comer of said Richard Lee Burch tract for a comer, THENCE South 00 Degrees 48 Minutes 47 Seconds East along the West Right-of-Way line of F M 1830 a distance of 23 00 feet, THENCE South 00 Degrees 33 Minutes 33 Seconds East along the West Right-of-Way of F M 1830 and the East line of said 255 acre first tract a distance of 1221 43 feet for a corner and the beginning of a curve to the Right having a radius of 1472 50 feet, THENCE with said curve to the Right having an Arc length of 199 74 feet and a Chord which bears South 04 Degrees 33 Minutes 16 Seconds East a distance of 199 58 feet along the West Right-of,Way line F M 1830 for a corner THENCE South 81 Degrees 33 Minutes 32 Seconds West a distance of 5 00 feet for a corner, THENCE South 08 Degrees 26 Minutes 28 Seconds East a distance of 148 06 feet for a corner and the beginning of a curve to the Left having a radius of 528 08 feet, THENCE with said curve to the Left having an Arc length of 149 46 feet and a chord which bears South 00 Degrees 19 Minutes 58 Seconds East a distance of 148 97 feet along the West Right-of-Way line of F M 1830 for a corner, S SRO W Dooffall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 15 of 16 Ryan Area - Tract 1 THENCE South 07 Degrees 46 Minutes 32 Seconds West a distance of 120 90 feet for a corner and the beginning of a curve to the Right having a radius of 1169 35, THENCE with said curve to the Right Having an Arc length of 158 43 feet and a Chord, which bears South 03 Degrees 53 Minutes 39 Seconds West a distance of 158 31 feet along the West Right-ofMay line of F M 1830 for a corner, THENCE South 00 Degrees 05 Minutes 08 Seconds West along the West Right-of-Way line of F M 1830 a distance of 1051 84 feet for a corner and the beginning of a curve to the Right having a Radius of 527 23 feet, THENCE with said curve to the Right having an Arc length of 534 91 and a Chord which bears South 29 Degrees 09 Minutes 03 Seconds West a distance of 512 26 feet along the West Right- of-Way line of F M 1830 for a corner; THENCE South 58 Degrees 12 Minutes 58 Seconds West along the West Right-of-Way line of F M 1830 a distance of 485 96 feet for a corner, THENCE North 89 Degrees 15 Minutes 00 Seconds West along the North Right-of-Way line of Brush Creek Road a distance 564 94 feet to the POINT OF BEGINNING and containing in all 306 acres of land S BROW Docs\Fall Annexation 2000\Ryan Area Tract 1 doc 11/28/00 Page 16 of 16 Ryan Area - Tract 2 ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton State of Texas, and being part of the Archibald Gibson Survey as conveyed to Robert J. Caraway and wife, Georgia Caraway, by deed dated January 18, 1984, and recorded in Volume 1329, Page 58, Deed Records, Denton County, Texas and being more particularly described as follows BEGINNING at a point in the south right of way line of El Paseo, a public road, said point being the existing Denton city limits line as established by Ordinance No 65-35, same point being the northwest corner of said Caraway tract of land and also being the northeast corner of a tract of land conveyed to Elmer Wayne Stephens, et ux, by deed dated April 16, 1974, and recorded in Volume 706, Page 79, Deed Records, Denton County, Texas; THENCE North 88 degrees 45 mmutesl0 seconds East along the existing south Denton city limits line as established by Ordinance No 65-35, same being the north property line of said Caraway tract of land, a distance of 679 58 feet to a point being the northwest corner of the existing Denton city limits line as established by Ordinance No 73-17, same point being the northeast corner of said Caraway tract of land, THENCE South 09 degrees 35 minutes 00 seconds West along the existing Denton city limits line as established by Ordinance No 73-17, same being the east property line of said Caraway tract of land, a distance of 254 53 feet to a point at the southeast corner of said Caraway tract of land, same point being in the existing Denton city limits line as established by Ordinance No 99-426, THENCE South 88 degrees 45 minutes 10 seconds West along the existing Denton city limits line as established by Ordinance No 99-426, same being the south property line of said Caraway tract of land, a distance of 591 14 feet to a point at the southwest comer of said Caraway tract of land and being in a curve to the left, having a central angle of 09 degrees 14 minutes 08 seconds, a radius of 1,534 02 feet, a chord which bears South 10 degrees' 27 minutes 05 seconds East, a distance of 247 00 feet, THENCE along the arc of said curve and the existing Denton city limits line as established by Ordinance No 99-426, also being the west property line of said Caraway tract of land, a distance of 247 26 feet; THENCE North 14 degrees 58 minutes 40" West continuing along the existing Denton city limits line as established by Ordinance No 99-426 and the west property line of said Caraway tract of land and also being an east line of said Elmer Wayne Stephens tract of land, a distance of 6 30 feet to the POINT OF BEGINNING and containing in all 3 626 acres of land Exhibit A U.S. 377 Area - Tract 1 All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, in the B B B & C R R Co Survey, Abstract Number 159, in the B B B, & C R R Co Survey, Abstract Number 160, in the H Hagood Survey, Abstract Number 517, in the W Hudson Survey, Abstract Number 586, in the W Smith Survey, Abstract Number 1187, and being more particularly described as follows BEGINNING at a point lying on the existing Denton city limit line established by Ordinance No 69-40 (Tract III), said point being the most easterly northeast corner of the City of Denton annexation tract established by Ordinance No 99-203 and subsequently corrected by City of Denton Ordinance No 2000-262, said point lying on the south line of the W Smith Survey, Abstract Number 1187 same being the north line of the S Graham Survey, Abstract Number 468, said point lying 500 feet northwesterly of and perpendicular to the centerline of U S Highway 377 (Fort Worth Drive), THENCE North 27 degrees 28 minutes East, 500 feet northwesterly of and parallel to the centerline of U S Highway 377 (Fort Worth Drive), along the existing Denton city limits line as established by Ordinance No 69-40 (Tract III), a distance of 656 feet to a point corner, said point lying in the east line of the William Smith Survey, Abstract Number 1187 and in the west line of the William Hudson Survey, Abstract number 586, said point being in the most westerly northwest corner of a called 28 67 acre tract disannexed by the City of Denton on August 19, 1980 by Ordinance No 80-61, THENCE South along the western line of said disannexation tract (Ordinance Number 80-61) a distance of 722 24 feet to a point for corner, THENCE North 28 degrees 05 minutes East along the east boundary line of a tract called "Third Tract" conveyed from E D Massey and wife, Ada C Massey to William T Smith and wife, Nona Smith by deed dated May 28, 1940 and recorded in Volume 284, Page 187 of the Deed Records of Denton County, Texas, same being a boundary line of the 28 67 acre disannexed tract, passing at 1,495 50 feet the northeast corner of said "Third Tract" same being the southeast corner of a called "Second Tract" also conveyed from Massey to Smith in the above mentioned instrument and continuing a total distance of 3,388 50 feet to a point for corner, said point being the southeast corner of a tract of land conveyed from John W Hooser to the Texas & Pacific Railway Company by deed dated February 23, 1929 and recorded in Volume 222, Page 555 of the Deed Records of Denton County, Texas, THENCE North 61 degrees 55 minutes West along the south line of said Texas & Pacific Railway Company tract, same being a boundary line of the 28 67 acre disannexed tract, a distance of 50 feet to a point for corner, said point being the southwest corner of said Texas & Pacific Railway Company tract, THENCE North 28 degrees 05 minutes East along the west boundary line of said Texas & Pacific Railway Company tract, same being a boundary line of the 28 67 acre disannexed tract, a distance of 785 04 feet to a point for corner, said point being the northwest corner of the said Texas & Pacific Railway Company tract and being a point on the north line of the said Massey to Smith "Second Tract", THENCE South 89 degrees 45 minutes West along the north line of the said Massey to Smith "Second Tract", same being a boundary line of the 28 67 acre disannexed tract, a distance of 329 47 feet to a point for corner, said point being 500 feet northwesterly of and perpendicular to the centerline of U S Highway 377 (Fort Worth Drive) and being the most northerly northwest corner of the called 28 67 acre disannexation tract (City of Denton Ordinance Number 80-61) and being a point on the existing Denton city limit line established by Ordinance 69-40 (Tract III), said point also lying on the north line of the H Haygood Survey, Abstract Number 517 and the south line of the B B B & C R R Company Survey, Abstract Number 160, THENCE North 27 degrees 28 minutes East 500 feet northwesterly of and perpendicular to the centerline of U S Highway 377 (Fort Worth Drive) and along the existing Denton city limit line as established by Ordinance Number 69-40 (Tract III) a distance of 2,250 feet to a point for corner, said point being at an intersection of the City of Denton annexation tract lines of Ordinance Number 69-40 (Tract III) and of Ordinance Number 91-033 (Tract I) and also being a point in Allred Road, THENCE North 89 degrees 27 minutes 39 seconds West along the existing Denton city limits line established by Ordinance Number 91-033 (Tract I) and along Allred Road a distance of 3,539 61 feet to a point for corner, THENCE North 89 degrees 41 minutes 30 seconds West along the existing Denton city limits line established by Ordinance Number 91-033 (Tract 1) and along Allred Road a distance of 2,122 09 feet to a point for corner, THENCE South 00 degrees 06 minutes 52 seconds West along the existing Denton city limits line established by Ordinance Number 91-033 (Tract I) a distance of 2,639 77 feet to a point for corner at the most southerly southeast corner of a tract annexed by the City of Denton by Ordinance No 91-033 (Tract I), said point lying in Johnson Lane and being in the most northerly north line of the existing Denton city limits line established by Ordinance No 2000-262, THENCE South 89 degrees 27 minutes 34 seconds East along Johnson Lane and being the most northerly north line of the existing Denton city limits line established by Ordinance No 2000-262, a distance of 731 feet to point for corner, said point lying in the south line of the B B B & C R R Company Survey, Abstract Number 1182, THENCE South 00 degrees 30 minutes 52 seconds West along the most westerly east line of the existing Denton city limits line established by Ordinance No 2000-262, a distance of 2,769 64 feet to a point for corner same being the south line of said William Smith Survey, Abstract Number 1187 and the north line of the Spencer Graham Survey, Abstract number 468, THENCE South 88 degrees 18 minutes 39 seconds East along the existing Denton city limits line established by Ordinance No 2000-262, same being the south line of said William Smith Survey, Abstract Number 1187 and the north line of said Spencer Graham Survey, Abstract Number 468, a distance of 2,030 feet to the POINT OF BEGINNING and containing in all 504 acres of land U.S 377 Area - Tract 2 ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the O S Brewster Survey, Abstract Number 56, the W Salvis Survey, Abstract Number 1174, the S. Pritchett Survey, Abstract Number 1004, the J Edmondson Survey, Abstract number 400, the W Roark Survey, Abstract Number 1087 and the J Severe Survey, Abstract number 1164 and being more particularly described as follows BEGINNING at a point in the present Denton city limit line as established by Ordinance No 60- 40, said point lying 500 feet southeasterly of and perpendicular to the centerlme of Interstate Highway 35 West, said point also lying on the west line of the Kansas City Southern Railway Company (formerly G C & S F Railroad), THENCE South 20 degrees 50 minutes 12 seconds West, along the present Denton city lnnit line established by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to said Interstate Highway 35 West centerlme, a distance of 3,638 feet to a point for corner, THENCE South 26 degrees 51 minutes 40 seconds West, continuing along the city limit line established by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to said Interstate Highway 35 West centerlme, a distance of 5,869 69 feet to a point for a comer in the south line of the said S Pritchett Survey, Abstract Number 1004, same being the south line of the S Pritchett Survey, Abstract Number 1021 and the north line of the tract described in Ordinance No 91-033, Tract III, THENCE South 89 degrees 02 minutes 00 seconds East, along the city limit line established by Ordinance No 91-033, Tract III and said Survey Imes, a distance of 2,700 feet to a point for corner at the northeast comer of the said Tract III and the northeast comer of the J Hams Survey, Abstract Number 555, same being the northwest corner of the W Roark Survey, Abstract Number 1087, THENCE South 00 degrees 08 minutes 00 seconds West, continuing along the present Denton city limit line established by annexation Ordinance No 91-033, Tract III and the east line of said Hams Survey and the west line of said Roark Survey, to and along the middle of a County Road, known as Bonnie Brae, a distance of 2621 35 feet to a point for corner, said point being the Southwest comer of a tract of land conveyed to Joab Partners L P recorded in Volume 4283 Page 855 Real Property Records of Denton County, Texas, THENCE South 89 degrees 29 minutes 08 seconds East along the South line of said to Joab Partners L P tract a distance of 1700 62 feet THENCE North 88 degrees 46 minutes 32 seconds East along the South line of said to Joab Partners L P and the a North line of a tract of land conveyed to V D Burch recorded in Volume 239 Page 137 Deed Records of Denton County, Texas a distance 1502 66 feet S \ROW Docs\Fall Annexation 2000\US 377 Area Tract 2_11_28_00 doe 11/28/00 Page 1 of 4 U S 377 Area - Tract 2 THENCE North 00 degrees 47 minutes 19 seconds West along the Northerly West line of said V D Butch tract and passing the Northeast corner of said Josh Partners L P tract and passing the Southeast corner of the tract of land conveyed to New Time Investments Corporation recorded in Volume 2399 Page 112 Real Property Records of Denton County, Texas and continuing along the East line of said New Time Investments Corporation tract a distance 2294 14 feet to the Northeast corner of said New Time Investments Corporation tract and also being the Northerly most Northwest corner of said V D Burch tract, THENCE in a Southerly Direction the next following 7 calls along the East boundary of said V D Burch tract and along and near the meridian of Hickory Creek, 1 THENCE South 84 degrees 05 minutes 01 seconds East a distance of 206 78 feet, 2 THENCE South 62 degrees 01 minutes 26 seconds East a distance of 242 77 feet, 3 THENCE South 55 degrees 31 minutes 24 seconds East a distance of 206 78 feet, 4 THENCE South 35 degrees 25 minutes 14 seconds East a distance of 298 70 feet, 5 THENCE South 07 degrees 50 minutes 35 seconds East a distance of 622 41 feet, 6 THENCE South 28 degrees 10 minutes 12 seconds East a distance of 400 35 feet, 7 THENCE South 07 degrees 13 minutes 55 seconds East a distance of 433 75 feet, THENCE South 20 degrees 31 minutes 17 seconds East along a Burch East boundary line a distance of 21 90 feet to a point for corner, said point being the northwest corner of the disannexation tract established by Ordinance No 80-1, Tract III, said point being 500 feet northwesterly of and perpendicular to the centerline of U S Highway 377 and being on an annexation line established by Ordinance No 69-40, Tract III, THENCE North 43 degrees 51 minutes East along said present Denton city limits established by Ordinance No 69-40, Tract III, 500 feet northwesterly of and parallel to the centerline of U S Highway 377 a distance of 986 feet to a point for comer, said point being the intersection of the west nght-of-way line of the Kansas City Southern Railway Company (formerly G C & S F Railroad) and the southwest right-of-way line of the Union Pacific Railroad (formerly Texas and Pacific), THENCE Northwesterly along the present Denton city limit line established by annexation Ordinance 65-43, Tract IV, and the west nght-of-way line of the G C & S F Railroad an arc length of 1,877 feet to a point for corner, said point being the southeast corner of City of Denton annexation Ordinance No 84-18 and said point lying on the south line of the A Hickman Survey, Abstract Number 521, S \ROW Docs\Fall Annexation 2000\US 377 Area Tract 2 11 28 00 doc 11/28/00 Page 2 of 4 U S 377 Area - Tract 2 THENCE West with the south line of said Hickman Survey and the along the south line of said Ordinance No 84-18, a distance of 1,680 feet to a point for corner, same being the southwest comer of said Hickman Survey, THENCE North along the west boundary line of the said Hickman Survey and a west line of said Ordinance No 84-18, a distance of 2,800 feet to a point for comer lying in an east and west county road (Roselawn), THENCE West along the center of said county road and a south line of said Ordinance No 84- 18, a distance of 1,740 feet to a point for corner in the west line of said J Edmondson Survey, Abstract Number 400 and the east line of said W Sajvis Survey, Abstract Number 1174, THENCE North with the east line of said W Salvis Survey and a west line of said Ordinance No 84-18, a distance of 1,100 00 feet to a point for corner at the northeast corner of said W Salvis Survey, said point also lying in an east and west county road (Corbin), THENCE West with the North line of said W Salvis Survey and a north line of said Ordinance No 84-18 and in an east and west county road (Corbm) to the southwest corner of Lot 23 of the Solar Way Addition for a comer, THENCE North 01 degrees 18 minutes 49 seconds East a distance of 592 76 feet to a point for comer at the northwest corner of Lot 21 of said Solar Way Addition, THENCE South 87 degrees 17 minutes 13 seconds East a distance of 387 56 feet to a point for comer at the southwest corner of Lot 10 of said Solar Way Addition, THENCE North 04 degrees 55 minutes East a distance of 33 30 feet to a point at the southeast corner of Lot 9 of said Solar Way Addition, THENCE North 42 degrees 52 minutes 40 seconds West a distance of 75 76 feet to a point for corner, THENCE North 69 degrees 49 minutes 15 seconds West a distance of 80 26 feet to a point for comer, THENCE North 14 degrees 56 minutes 43 seconds West a distance of 70 14 feet to a point for corner, THENCE North 39 degrees 25 minutes 17 seconds West a distance of 119 03 feet to a point for corner, S \ROW Docs\Fall Annexation 2000\US 377 Area Tract 2_11_28_00 doc 11/28/00 Page 3 of 4 U S 377 Area - Tract 2 THENCE North 02 degrees 30 minutes 08 seconds East a distance of 186 85 feet to a point at the northwest corner of Lot 9 and the southwest corner of Lot 8 of said Solar Way Addition, THENCE North 19 degrees 47 minutes 27 seconds East a distance of 713 54 feet to a point at the northwest corner of Lot 1 of said Solar Way Addition, THENCE South 89 degrees 12 minutes 11 seconds East along the north boundary line of said Lot 1 a distance of 483 25 feet to a point for corner, said point lying 500 feet west of the east line of said O S. Brewster Survey, Abstract No 56, THENCE North 500 feet west of and parallel to the east line of said O S Brewster Survey, a distance of 700 feet to a point for corner, THENCE East with the north line of said Ordinance No 84-18, a distance of 500 00 feet to a point for corner in the west not of way line of said Kansas City Southern Railway Company, same point also being in the present city limit line as established by Ordinance No 60-40, THENCE Northwesterly with the western right of way line of said Kansas City Southern Railway Company and the present Denton city limit line as established by Ordinance No 60-40 along the various calls a total distance of 2,400 feet to the POINT OF BEGINNING and containing in all 653 acres of land S \ROW DocsTall Annexation 2000\US 377 Area Tract 2_11_28_00 doc 11/28/00 Page 4 of 4 U.S. 377 Area - Tract 3 All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the 0 S Brewster Survey, Abstract Number 56 and also being part of a tract of land as conveyed from Earl W Wilson to Sue M Wilson by deed as recorded in Volume 774, Page 633, Deed Records, Denton County, Texas, same being the save & except tract as described in City of Denton annexation Ordinance No 84-I8, and being more particularly described as follows BEGINNING at an old iron pin at a fence corner at the southeast corner of said 2 11 acre tract and in the east boundary line of said 0 S Brewster Survey, Abstract Number 56 and being in the present Denton city limits as established by Ordinance No 84-18, THENCE South 87 degrees 03 minutes 10 seconds West along the present Denton city limits as established by Ordinance No 84-18 and with said fence, a distance of 269 36 feet to a steel pin at a fence corner in the east right of way line of Bonnie Brae Street, a public road, THENCE North 20 degrees 55 minutes East along the present Denton city limits as established by Ordinance No 84-18 and with the east right of way line of said Bonnie Brae Street, a distance of 420 5 feet to a steel pin at a fence corner and being the southwest corner of a tract out of said 2 11 acre tract as described in a deed from Lavella Barber to J H Howard and wife, on November 14, 1964, and recorded in Volume 516, Page 140, Deed Records, Denton County, Texas, THENCE South 72 degrees 12 minutes 40 seconds East along the present Denton city limits as established by Ordinance No 84-18 and with said fence, a distance of 124 85 feet to a steel pin at a fence corner in the east line of said 2 11 acre tract and of said O S Brewster Survey, Abstract Number 56, THENCE South along the present Denton city limits as established by Ordinance No 84- 18 and with said fence and said 0 S Brewster Survey, Abstract Number 56, a distance of 340 8 feet to the POINT OF BEGINNING and containing 1 654 acres of land . ; ED: ,ZON g r I ~ ` E: RESI N11AL . ~ , A ' ¢ A s u ~ 1 r , ~ , { ter ~ w ~ ~ 1 y~Z ~ A ~ ~ R * . ~l . \ \ 1 ` , , ~...~~.,.u. \ r e~ ~ A~ ` ` ~ ,n..n t - , w e .N I ~ , b,a , , e . t a ~ (I 1 o f i E EX.TREECINE tip. ~ . _ e, r ..„.,r. : 1 ~ _ ~ FRAMAERIAL ~ ~ r ; , 'y~`v: ~ . ~ ' yv` v` , , i n, ro ~ '**„°5 r t A ~ t ~ ~ ~ ~ \ . . . w. AP~RO 1 , ~ ~ a v4v~g r ' / \ v , . _ _ 4 a~ - 4 e I e ~ ' ~ w y r P , ` , 4 a L, E ~ , r«:. f ` .~~`•~.~`.\```A\~ ( ~v, ~:~t .,S:S .\b`1,`~J'\ `tip`'V~ `i0`\ LI N S a ~ ~ ~ ~ e\ ~ , ' _ \ ONE" ,f ~ \ , 4 1h a \ _ ~ .y ~ v V ,~~/p,,~''' , `r. ~ `SCALE.1 4000 ~ . ~ ~ ~ , , ~ \ P K ~ , \ \ \ v,~\\ r ~ ~ v .w., yv V• , << \ ~ r a,:, , ~ 1~. ~ ;r 1 ~ti RTH NQ . 5 ' ' ~ r . , . ~ w ~ ~ ~ i ~ , ~ F AE L~ ~ ~ r , . . . a ~Y , ~N NOTE. ; _ . 1® 50 200 , ~ ~ ~a,, ~~,A~.. A \1 ~ ` 7 ~ ~ ` UTILITY L!N N :GENERAL' ,LOCA~~ONS w / - ~ _ _ T MAPS: ACTUAL , ~ FROM CITY. ..DEN ON ~ ~ , ~ ~ ' 0 25 100 AT D E \ a „ ~ ya., , , ~ ~ ~ 1 .LOCATION W(LL BE LOC E ' PLATTI NT URS FROM'.. OF ..DEN : ~ ! , PREMENSIV A{NAGE=PLAN ..1974. _ ~ a , c \ , ~ . 't ti \ ~VNIJLII I~E , 10C-YR _ , r ~ t~ti A.a^ k _ y \ ~ . FLOODZONE ~ , i a f . 1 , 7 . \ ~ r , ' V\♦ ' , ~ EX. ~ ' , , n. ! t ` '.P~ ~K BUILDING ~ ~ v ~ v.A , \ ~ o \ \ L; s , , ~ - E E ~ PPR X, .TR ELINE ~ r, o \ ~ ~ f ~ M RIAL v`\~V ~ ,1 tF AE ) ,v~. ~ , ~ . ~ . A ES PT. \ ~ ' ~ t ` ~ ~ ~ A , 1a d ; y t FLOG W/~Y `yv ~ , . ~ x v ~ w ~ ~ ~ ~ ` a ~Y^~~ ~ > , f ~ v 1a V ~ 1 v 1 `l. 4 b. . 1 ~ MATCHED AR~A , , \ ~ 1 ;U ~ , v v ~~v v`t.'`~ \`vvv, 1 ~ r aE , \ ~ y,' \ ` . , l1S~ COMMERCIAL `a ~ ~ . 4.. ; RETAI a . ; r ~ , , , , f,, \ i~` ,fin. t e: `~~.i i., ~ .A i FLOODZONE,' \ ~ ~ \ ~ e \ r ~ w G \ , ~ \ ~ 1.: ~ \ . tip. ~ ~ , ~ n t \ , \ V , ` t ~\1 `y~v. \ \ ~ " , , 00\~ Av• l I \ , 1 ~v~ - a~~ a '1~, i t~ ~ s.:A vA~ ;'ti V !e ~ / 1 / \ * a. 'r . . ~ ~ , ~ , . r .1 y ~ ~ ~ ACCESS P1 . ,r i'~ ~ ~ v` > t ,r ~ v ~ ~ ,,v ~1~ . i ~ ~ ~~X~~ USE i f , , \ . : ~ : a. ~ ,r RETRIL / QFFICE ~51NGLE~ ~ ~ Yr , A .b~~ ~ p° ~ 1 . ' I ~ P ED ~ ~ , ; ; , > ~ ~ ~ r ~ ~ ~ FAMfLY ATTAGH~~, SINGLE e T~` G~'I aA ~ .C1 I~b a 4'~ ..1 .e`' / ~ ~ ~ ~ 1, _ ~ ,r ~ r l / i~ \ , _ ,v~~ ~ ~ , : ` , i, r, ~ ~ ~ ~ ~ ~ ~FAMILY DETACHED FAR~CAND ,r"` i 1 f , . ~ v` \ .'l ~ ~,t ~ ~ ~ vv , „ r,. e rti . ~ ti. - ~ a, aA' ~ ~ .a ~ YY r~ ~~I ,~1~„ 1 _I'. bl_~~ b l ` 1 , , i t* , Q~`, ! , ~ _ w ; . v ~ ` ~ ~ ~ EX~ 16 FORC MAIN i , . , ~ ~ J ~ / t,. , . v r . ~ ~ ~ T~ BE PLA ~ I I C ~ 0 r` . ~ r ~ A ~ ~ ,,~b A~ t ~ ^ ~ ~ . , ~ > . . . tip. 4 l , - \ . ,,r ~ a .k t1 ~ f ~ ~ ~ ~ ~ ~ ,a; ~1 ~ / E~.O ED BE E / ~ : . 4~~~NS14~ ~ t` ~ V~:~.'• •x ,y , V~ <d' ,A~; ~ 1.;~' `Oat ~ ~ i r i ~ I ~ d L . ; ~ ~ j PROMINENCE PKWY. R.O~VV. .c ~ y`~~`1 4 ~j ~3M ~ ~a 1 v ~ v~ e\ ~bva A' v'~~ ' ~;v• ~~;x~ ' / / i ~ 1 d A fib`, k ~ A t 1' ° ` f 11~ I_~"~... / ~ o ~ , . ~ a ' ` r ~y 3 € ~ tU:: ` ,A , a OVA . ,4 r a V', ` ~ti~3' tv.' '.~V r ~l~ G~~ - / ` r, L~ I n , ~ x . P n i \ ~ , 4 t a ,y a,, " `m' . \ , , 1 ~Y~ `v`Y y a . h > a ' ` \ \ " ` c0 ~ \ k1~ , , , h 1V ` ' _ .V A ~V. ~ e~ti ~ . ~ 'V ~ V e,'V mac. 1 "r . 3~r~ f ~ ~ 'V'. C~ ~v` V -`,V ~ ~ V``~ r^ .kr `~`~.A ~s'`: ~ ~~~1I~~ F,F}~~! L.~ ' N \ y ~ k if 1 ly~~ \ \ ~ \ \ \ \S y v 1~ . ~a ~ v t. r q H \ 1~, V ~ ' ~ \~lA .A \ V V A \V \ ' \V~a \ .A`4~~. 1\.. ,,~jt . 'fir - ~ ~ \ 4 ~ ~ ~ Sd 1~ ~ _ ~ F b ` ~ ti v'~, 1y v. ~ y ~ ~l' v ~.a ~ ~G+, r ~ \a,. ~ F ~ \ s F ~ ~ kV .yl ~ \ K r c, ~ t . ~ W ~f 7},7 V ~ 1 ' k q , v \ ~v 4 ,yy ~ ~ y\ v ~ ~ . a ~ 1, , ~ 0,>• ~ is v v: ~ " I ~ ~ 0 \ . ~ t~ , . , am M7S---...;M3S~r;."°`. tllAt s ~ ! V A \t, r Q ~ \ ~ ~ APPROX. 'cry ' _ _ ~ 3S M , • , ' , :Ar,~ , 00 ACCESS PTn r 1 H~iVC55rl { III C ~I i I f HECK'cD: GKE n :-M . TO& FROM V „ a~ ~2~' , C~"Wk(LI m SLM.._/V~, R4t.V6i.IN~IY _ N1M HIM N! - - U 1) RA ,11; ,r fY ~Fi 'A . ' AREA `D' MIXED`USE AREA C (MIXED USEy ( I .__~~r SITE INFORMATION Area: See individual uses • ~ Area.° see separate uses below a the autheast corner of U.S: 380iUnivers~t Dr. and loa 288 & cantams The praperty lies t S Y P • , Ad scent Density: .:'Adjacent Density; a roximatel 112 sores of land. 1 PP Y North - Vacant,,'Gity of Dentan sanitary sewerlift station and park land, Flood zone ~ . North -Vacant. . . ~ East -.Vacant ERVATIONS 1 DEDICATIONS. MESA}. RES - street in a safer location • East -Residential • South - Residentoaf, zoned SF-10: Propose. to mave whatis new Audra Lane to the South creating anew -ra toff-ram of hoe 288 and Universit Drive , Additianal, Right of way South -Residential, zoned SF-10 ~ West - Laop 288 fudher from the on mp p p Y ' ents for Loo `288 and Ma hill road are ro used er Git of West -Loo 288 dedicateons andtor street ~mprovem p Y p p,. ;p Y P Retail -Office.: .Denton Engsneenng and Planrnng requirements. Addit~anal internal private and public streets are - • Area;: Not to Exceed 10 Ac. - evela merit. ` ~ Buildin~ :Materials: planned to serve the d p g_ a Less than'S0% of the existin structures located 20p feet from this ro ert .:have • ; Compafibifify: 9 P P Y elevations coin rised of atleast 50% ualified mason o `Building Materials; ESA. P q _ ry. ` it ve Area ESA er ~ -Less than 50%;af the existin tructures located 20l A orkion of thws land currently lies v~thm a designated Environmentally Sens i ( ) p o Mexed Use. g p ° o the Cit of Denton ESA ma dated Feb.1, 2000. This ESA designation is from 100•year flood- Retail Office: Proposed buildings shall have a minimum 751° comprised of atleast 50% qualified masonry...° Y P 'n oo er Creek. - covers e of ualifed masonry (exclusive of windows and doers),; ~ Commercial i Retail: Propasec zane i C p 9. q . . anon • Restaurants with des( ` ns dictated by the Design Codes of heir coverage of qualified masonry Mil g 9 , a Pond in Area `B' used to reduce negative effects of drainage. downstream respective companies may be exempf from:the 75% masonry • Buffering from Differing uses: ` Parklands to reduce radin within and er's Bar-B- etc when a raved b Cif staff. • Buffer from existin homes to the South wii ~ Terracing is to be used m Area B around g g average (ex. Colt Q, ) pP Y Y 9 , near the ESA hel ih to reserue thenatural environment. Town Nouses: Pro osed buildin s shall have a minimum 75% Building Setback: from:S+ P 9 p P g , covers e of ualified mason exclusive of windows and doors . 10' for each foot of building . 9 q ry( ) . EN SPACE I be des( nail so as not to shine into' he sk or onto"ad'acent " Vegetation: 20' of Buffer y LANDSCAPING AND,OP Lrghbng. Lightrng she I g y 1 e a m im ~ ra ernes.: under-story trees for each l ' in' um of 20% landsca ed area er. the Cit 's landsca a ordinance for The site woll crest p P Y P p p ' ' ns rid 15 trees er acre for sin le#amil detached areas. ordinance and the City of C non-residential I mult~famely sect~o a p g Y dsca a credits in calculatin the necessa ,tree deli nations} . Street and buffering trees may be used as Ian p g ry Retail 1 Office ■ Wall, 'A minimum 6' masoi landscape requirements. -Area net to exceed: 25 Acres `:boundary. • Densities & FAR ' • 'Lighting: Lighting shall be c~ .FAR of 2:1 max, P ED COMPATIBILITY MEASURES: . PRO OS onto adjacent properties. o Note: Individual Buildings may net exceed 100,000 sq. ft. pad•area, l ALES::: ~ • u far from Pra osed Names to the Ea ' INE SES nor AUt'OMC?B LE S B f st wi • No areas shall include SEXUALLY C7RIENTED BUS S Buddrn lines g P. Ve efation: 20' of.Buffer ■ 9 Y AND SERVICE USES... Front: 25 feet under-story trees far'each'1 . o Side:- 15 feet A `A' RETAIL I OFFICE t HOTEL?MOTEL ordinance and the City'of C ARE ( ) a Rear, 15 feet exceed: 3,0 Acres.. tree designations) Area. Nat to . ;FAR: Adjacent Densit , ` ' ~ a roximate 15 minute welkin .distance. • J Y Transit Fac~Irfres. Shall be located w~thm an pp g • 2:1 maximum - s' Dr. C U~S. 380, North Urnver it from the nearest residence. Y ervi e center exists an the Narkheast ~ Note: Individual Buifdingsmay not exci .East A motorboat sales ands c . « outh -Vacant: Flood zar7e ESA " Parkland S ( ) , Buiidin Lines 9 • West -Vacant Flood zone (ESA) • . ,In excess 20 Acres, . o Front: ; 25 feet; _ y g ~ ~ • • Buildin .Materials. ® ` ' I cated200 feeffrom this..... ro art have Single Family Attached : ~ Side; :20 feet (see buffering regui Less than 50/° of-theeexistmg structures a p p Y a ~ ~ Area: riot to exceed; 10 Ac, ~ o .Rear:: 20 feet (see buffering requu elevations comprised of atleast 50 qualified masonry.. ' inimum 75% covers e of ua6fied mason • Aensity:12 Units 1 Ac, (120 uniks}'Maximum with':.. ' • Pra seed buildm s shall have a m g q ry P , g Single Family Detached exclusive of w~ndaws and dears . o ..Lots ranging between 1;6QO.and 3,600 sq: ft. ~ , ( ) Area. Not taExceed 35 Ac, o Densit ;transfers:from Park land f ESA • FAR. y ° ° 5 Cam afibiiit c~ 0 ' en s ace.. 14 ~ P y°~ , 2:1 maximum p p - Burldin Materials; . ~ Desi n Features .:1 units per acre far each 3 = ,2 unitslacre)' g , • g G , _p Burldrng Lines • Less than 50 of the exlstmg structures l Street trees c~ Front. 25 feet ' : elevations Gam need of atleast 50% u~ . Common Parking areas p q . p Side: 15 feet • IT t Trans artatian En ineers . Buffering from Differing trees;.... Traffic calming devices ( E and Den an p g Q Rear: 0 eat a raved' ' -Buffer-from existing;hames on the South ' ~ into the sk aronto ad'acent pp ~ . L►ghting: Lighting shat! be designed sa as not to shine y 1 ~ ~ ■ Setback: from Southern Fences (architectural metal and or masonry} prope~lles. _ ~ - , dl : ■ Ve etation::10' of Buffe Landscaped areaor art. (Located near the primary entranae an ar g, . , within a central edestnan court aril: ,under-story rees for eac p _ . _ Y ) ■ Transit Facilities shelter and bus turnout located an the Mixed Use ordinance and the Citk o, ( CE Collector a distance not to.exceed 1,200 feet from the nearest tree designations). AREA B (RETAIL 1 OFFI y . . Wall: A minimum 6,.ma ~ . residentiai.dwellm « 10 Acres 9) .Area. Not to exceed. - ~ ~ Sin le famil detached'ma .be;built in h(s area. These lots shall range from boundary. A Pedestrian • Adjacent Density. 9 Y y ` ~ 5;000 sq„feet to approx:;8,400 sq. ft. gate shall be located a rr • North -University Dr. l U.S: 380. No more'than~20°I° of he residential unitsfor Area C shall be single- Southwestcorner"ofthe~, • East -Vacant Flaad zane (ESA family de#achedhousing. located off-site to the So • South-Vacant Flood zane,(ESA) ■ Design standards stated in Area D far singlepfamily detached Names Thiis'gate may be installE • West.- Loap 2t~8 shall a `1° to this`area. Southern ad'acent ro e pPY 1 i?p • Buiid►ng Materials: . , ~ , Li htin : Li htin `shelf i ° this' ro art have • Resrdenbal Campatrbflrty Measures. 9.: 9 9 g . Less than 50 of the, exwstmg structures located 20Q feet #rom p p y ® ; • Garage spaces° Alleys, Courtyards, or private drives are prapased with onto adjacent properties elevations comprised of at least 50 qualified masonry. Q ~ ~ garages. These garages shall be placed so as to not irnpede important view • Density transfer 1 Open Space from`ESA • . Proposed buildings shall have a minimum 75 coverage of quaff+ed ma~anry . ~ ~ Small park_~(about.1~Ac,) shal be sheds. ~ c, :.(exclusive of.wmdows and doors). ~ ` Landsca in & Screening: Street.trees shall be plantetl along the proposed.. ~ be maintained by a Home O~wnei ~ Restaurants with des( ns dictated b .the Design Codes of their respectwe p g . , g Y ~ I r ' creenin usin a'mix af'berms Trees, shrubs, and a Desi 'n Features >1 units ei ' ° son caves a eX. colter: s Mixed Use Col ecto . S 9, g , : g ( p , comparnes may be exempt from the 75/o ma ry g ( walls or fences shall be placed between this residential use and the ■ Roadway Connecfivi Bar-B-Q, etc} when approved by cityataf . retaiUoffice uses to the West: If no rbad'(public or private) is built between ■ Variety of lot sues.: . FAR; the retail and residential uses hen a'20 buffer'`ard with 1 Lar a tree eve ■ Hike trails edestria Y 9 ,:.ry ~p • 2:1 maximum . 30 linear feet and 3 under eta ,trees far each jar a tree shall be created: the Parkland across= ry 9 ■ Street trees • Desrgn Standards. • Building Lines ~ ` ~ ~ vie al relief ■ Traffic calmin dew • Haines shall utilize atleast three of the fallaw~ng design features to provide u g ' Front: 25 feet } a roved along the elevatoon facing the fran~ budding line or park. o ; Side:. O feet • Fences architecture Dormers a Rear: O feet abler Landscaped area ar t to shine into the sk ar onto ad"aaent G • Lrghtrng:, L~ghtmg shall.. be designed so as na y 1 c Recessed entries properties. Cupolas. • Number of units: approx. 125 with sizes i Architectural iilars or asts • 125 lots in 34,4 Acres = 3.63 ulac. P p Ba or haw window min. 12" ro'ection Y ( p1 ) • be contained within aria buildin . A maximum of 6 homes may g Des~,n Standards • Buildings may be a maxemum of 2 stories not' including basements ar darmered attics. Homes shall utilize atleast three of the f~ • eat net inciudin alle s rivate drives. ar court arils or ark must All walls that;face a str { _ 9 Y , p Y ) P , o along the elevation facing the front ui contain at (east 25 of wall space in windows, an 'ours. rs 6 Primer entries shall face the. ubiio street:or ark. Y P _p . Gables • Windows shall be rovided with trim or shall,be recessed. p c~ Recessed entries q Exteri fi fishes shall be rimaril mason stone decorative black, ar stucco, or n _r p y ry, Covered front arches min. T~d p ( • At least 50% of the front yard frontage shall have buildings unth~n the maximum frontyard Cu alas c, p setback. r ur I illars or osts Architect a p p Maximum buildin -..let coverage: 50°/° w~ da 1 rc 9 « Ba or Bow •n w min, 2" . Y ( p • Buildin Lines: • tiara efronta esshall nat:'accu more g 9 9_ _pY Front; 15 feet inciudin nomes'serve b alle s , Garac g Y Y Side: 0 feet. house ma 'exceed he 40%;fronta e: Y o Rear; 0 feet • Na ad~acent homes ma have the same 1 ~ • : Li htin shall be deli nail so as net to shine into the sk ar onto ad scent ~ Lrghtrng g g g Y 1 • AI(walls that face a street not mclud~ng ra ernes. p p vnndaws and doors: c • Primary"entries shalt face the street and ~ ~ o 'de 'th trim ar s a , ~ Windows shall be pr v► d vn ~ , , • Exterior finishesshall beprimarily masoi N beard.. Homes within 150 feet:of Sauthe ( stone. j . ° Y r • Atleast 50% otthe front yard frontage sr S ~ , aciuaun 0 o • n aximum building lot coverage:' 50% wade: 50% CHECKED; GKE: • Accessory dwelling units may be built ov as rental space as long as the homeown ~ Z Z Z Building Lines 3 Front: 1 5 feet c> Side: 6 feet 8 c Rear: 6 feet (Lots adjacent m W paEh ..:Access _ _ _ _ ~ r - ~ i l..arge i . .ear .ear , Lets i ~e, a, ~ and Yard . Alley L - . .~matClnts .hared ~ . w p____. _ _ w ~ r~qulrea I " 4th - ~ t Al4Ci' ACCeSS ' ~seNed ~ ~ _ :.r ~ 15 :.:Paved PLantingArea t , . , i ~ , c „F' K } . t i ~ ~ res l ent~a a e i ~ t~~~~a ! . s ,m.+ .~EreutAcces ~ - L . reet rt ar st cau ~ C, .if ~ , ~ , : Mln~. p . IZeserVed' . f y d . ~ , ~ - ~ y . Planting ~ _m.~_.. . r . . i ~ o~ C L ; - .6_ n.._ a M.. ~ . . I , w I I _ , " plarttmg ~ 5 e . f~- ~ ~ 4 area _ ~ . 2$ eel . ' SO Feet r~ ~ I res~ e ntla treet _2~ eel . , F . . 44 Feef reet a .rest entla st r c , . e.._ d. ~ , ~ "=l~e~erued ~ ° ~ ~~~Ci~l . ,f r , T , .r , ra~es ~ ~ , , ~ ! ~ i ° ~ ~ I I _ , _ r I ~ II.~~., . ; II' II Il.v ~ 8 ~ _ ~ L15 r ~ CtQ commercia - mlxe use co e A OF DISTURBANCE ARE A.~ I, wjlnES ~ ~ ~ ~ ,1 ~ . I _ F _ _NORTH r k z EXISTING LIMITS OF ESA NOTE: :AREA®F'DISTURBA E , ESA LIMITSFP,OMTHECITydF W ICi. DENTpN ESA MAP FEBRUARY. ti ~ 2000 ~ i C,'1 ~ ` I r . _ ,Fl, 1 ' CA n ~ v EXISTIN i, ~ ~ M \ I !TS OF ESA LM ~ I G , I t} ~ . t~ , ~ ~ PROPOSED ~ ~ .r„ ~ , ~ ~ , ESA-.PARKLAND a PRESERVED i ~ I ~ ~ ~ sq` ~ ND IN THIS ' ~ ~ ~ n F . AREA C1F DISTURBANCE I AREA USED TO MITIGATE rr w/in.ESA ' ~e b Q DRAINAGE'DOWNSTREAM U LOOP 28 ERRACIN I- IN THIS A. EA T,Q-B ;USED ALONG . , AREA OF DISTURBANCE DEDICATED PARKLANDS TO - GRADING AREAS CITY F DENT MINIMIZE ~ EA w/In ESA SCALE: 1 = 400' 1, U AND EFFECTS ON NATURAL 1., 1 ENVIRONMENT z