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HomeMy WebLinkAboutApril 03, 2001 Agenda AGENDA ,~genda o C T¥ or DENTON C T¥ COUNCIL Apnl 3, 2001 0ate_',,,./ff / / / A~er dete~mmg that a quorum ~s present and convemng ~n an Open Meeting, the C~W Council of~e CiW of Dohton, Tex~ will convene in a Closed Meeting on Tuesday, April 3, 2001 at 5 15 p m ~n the C~W of De: iron Council Work Sessmn Room, Denton City Hall, at 215 East MeKlnney, Denton, Texas to consider s ~ecffic items when these Items ~e hsted below under the Closed Meeting sectmn of th~s agenda ~ hen ~tems for cons]deratmn ~e not hsted under the Closed Meeting section of the agenda, the C~W Court, :fi will not conduct a Closed Meeting at 5 15 p m, and will convene at the t~me hsted below for ~ts reg~ lar or special called meeting ~e C~W Council rescues the right to adjourn ~nto a Closed Meeting o~ any ~tem on ~ts Open Meeting agenda consistent w~th Chapter 551 of the Texas Government Code, as m aended, as set fo~ below I 1 ClOsed Meeting [**Before the Denton C~W Council may deliberate, vote, or rake final action on each of the agenda ~tems posted as a competitive maAer m a Closed Meeting under the prows]ons of TEX GOV'T CODE Sectmn 551 086(e), the CIW Council must first make a good froth dete~matmn, by majonW vote of tts members, that the pamcul~ agenda ~tem ~s a competitive maRer ~at satisfies the reqmrements of Sectmn 551 086(b)(3) The vote shall be t~en during the Closed Meeting ~d shall be ~ncluded m the cemffied agenda of the Closed Meeting If~e C~W Council fails to detemme by a majonW vote that the p~lcular agenda item satisfies ~e reqmrements of Sectmn 551 086(b)(3), the C~ Council may not dehberate or rake ~y fu~her act]on on that agenda ~tem m the Closed Meeting ] A Consultation with ARomey - Under TEXAS GOVERNMENT CODE Section 551 071 Dehberatlons reg~dlng ce~am Pubhc Power Utilities Competitive Matters - Under Texas Govement Code Sect]on 551 086 ** 1 Receive eompeat]ve electric ~d commercial info.at]on ~om Staff ~d consider, d~scuss, dehberate, ~d provide St~f w~ d~rect]on reg~&ng possible resolution of a p~ of the s~ngle-ce~fficat~on regulmo~ proceeding brought by Denton Munlc~pM Elecmc, pending before the Pubhc Utilities Commlss~on of Texas Conduct a consultation with ~e C~ty's aAomeys ~n order to obtain ~e adwce ~d reco~endat~ons of the C~ty's aaomeys concerning the above-referenced ~ssues, where to d~scuss ~ such ~ssues ~d ma~ers m a pubhc meeting would conflict w~th the a~omeys' duties ~d professional responsibilities to their chent ~der the Texas Dlsclph~ Rules of Professmn~ Conduct B. Deliberations Reg~dmg Cemln Pubhc Power Utflmes Competmve Ma~ers - Under TE~S GOVE~ENT CODE Section 551 086 ** 1 Receive compeative elecmc ~d co~ercl~ lnfo~atlon ~om one of the City's Texas M~mzpal Power Agency ("TMPA") Bo~d Members ~or C~ty Staff peaa~lng to ma~ers reg~ding present ~d ~t~e mamten~ce ~ssues, fin~e~ issues, operational ~ssues, legal ~d comph~ce issues, ~d o~er related ~ssues ~d strategies concerning ~e C~ty's ~nterest ~n, ~d ~ts bus~ness relationship ~th TMPA, receive competitive elecmc ~d commerct~ mfoma~n reg~d~ng ~e Denton M~m~pal Eleemc ("DME") d~vestlt~e, ~scuss, dehberate, consider, ~d provide such TMPA Bo~d Member ~or Stuff w~ direction reg~dlng sine City of Denton C~ty Council Agenda April 3, 2001 Page 2 C Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551 071 1 Receive legal advice from the C~ty Attorney or h~s staff concerning legal issues regarding disclosure of attorney-chent communications and other documents excepted from d~sclosure under the Pubhc Information Act m response to an open records request from the Dallas Morning News where to d~scuss these matters m pubhc would conflict w~th the duty of the City's attorneys under Texas Dlsc~phnary Rules of Professional Conduct of the State Bar of Texas D Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551 074 1 Hold a d~scuss~on and dehberate regarding the appointment, employment, evaluation, and/or duUes of a City Manager ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, April 3, 2001 at 6 00 p m an the Council Chambers at C~ty Hall, 215 E McK~nney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegmnce A. U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" 2 Consider approval of the m~nutes of March 2, 6, 9, 16, and 19, 2001 PRESENTATIONS 3 Proclamations A Enwronmental Crime Prevention Week B, Sexual Assault Awareness Month CITIZEN REPORTS 4 Ross Melton regardmg his lawsuit, code enforcement, and attorneys City of De~nton City Council Agenda April 3, 2001 Page 3 5 Dorothy Framanty regarding Municipal Court procedures CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item m accordance with the Staff recommendations The City ,Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration Listed below are bids, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Items 6 - 20) This hstmg is prowded on the Consent Agenda to allow Council Members to discuss or w~thdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 6 - 20 below will be approved with one motion If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration' 6 Consider approval of a tax refund to Hunt Petroleum Corp m the amount of $630 11 The 2000 property tax was paid twine 7 Consider approval of a tax refund to Christopher Walton in the amount of $890 77 The 2000 property tax was paid twice 8 Consider approval of a tax refund to Toyota Equipment Finance in the amount of $8,472 74 The 2000 property tax was prod twice 9 Consider approval of a tax refund to Garland Cares in the amount of $849 91 The 2000 property tax was paid twice 10 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of North Lakes Park Football Ftelds and Parking Improvements, providing for the expenditure of funds therefore, and providing for an effective date (Bid 2629 - North Lakes Park Football Fields and Parking Improvements, awarded to Seneca Construction, Ine, in the amount of $910,130 30, including Alternates 1,3,5,12) 11 Cgnslder adoption of an ordinance accepting competitive bids and awarding a contract fot' the purchase of Replacement Pump Parts for Fairbanks Pump, promdlng for the expenditure of funds therefore, and providing an effective date (Bid 2582 - Replacement Pump Parts for Fmrbanks Pump in the amount of $19,897 to Smith Pump Co ) 12 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a Self Loading 3-Reel Trailer and Industrial Hydraulic Cable Trailer, p~ovldmg for the expenditure of funds therefore, and providing an effective date (Bid 2646 - Self Loading 3 Reel Trailer and Industrial Hydraulic Cable Trailer in the amount of $96,474) C~ty of Denton C~ty Council Agenda April 3, 2001 Page 4 13 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of one (1) ½ ton utthty vehicle, prowdmg for the expenditure of funds therefore, and prowdmg an effective date (B~d 2658 - ½ Ton Utthty Vehicle to James Wood AutoPark Inc m the total amount of $26,486 75) 14 Consider adoption of an ordinance of the C~ty of Denton, Texas, approwng an agreement between the C~ty of Denton Parks and Recreation Department and the North Texas Umpire Assocmt~on, approwng the expenditure of funds for the purchase of certified softball officiating services avmlable from only one source m accordance w~th prows~ons of State Law exempting such purchases from requirements of competitive b~ds, and prowdmg an effective date (PC 13588 - North Texas Umpire Association ~n the amount of $40 00 per game for an estimated award expenditure of $44,000) 15 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) w~th the firm of Bums & McDonnell Engineering Company, Inc to provide professional services for engineering and related services pertmmng to approved electrical power system projects for Denton Mumc~pal Electric set forth m th~s contract, authorizing the expenditure of funds therefore, and providing an effective date (PSA 2668 - Engineering and Related Services pertalmng to approved Electrical Power System Projects awarded to Bums & McDonnell Engineering Company, Inc, ~n the not to exceed amount of $120,000) 16 Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the State of Texas, acting through the Texas Department of Transportation to prowde for installation and funding of certmn traffic control dewces at specified intersections v~thln the C~ty of Denton, authorizing the expenditure of funds, and prowd~ng for an effective date 17 Consider adoption of an ordinance authorizing the C~ty Manager to execute a first amended agreement for professional legal services w~th the Law offices of Lloyd, Gossehnk, Blevlns, Rochelle, Baldwin and Townsend, P C for services perta~mng to Pubhe Utlht~es Commission of Texas Docket No 22350 (TXU Unbundled Cost of Service) relating to Denton Mumc~pal Electric, anthorlzmg the expenditure of funds therefore, prowdmg for retroactive approval of the agreement, and prowdlng an effective date 18 Consider adoption of an ordinance authorizing the C~ty Manager to execute a professional services agreement m the form of Task Order No 01-B w~th R J Cowngton Consulting for services relating to overall restructuring ~mplementat~on for Denton Municipal Electric, authorizing the expenditure of funds therefore, and prowdmg an effective date 19 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the Mayor or City Manager to execute the attached amendment to the amended professional services agreement for software ~mplementat~on and support between the C~ty of Denton, Texas and Access Technologies, Inc, a Quahfied Information Systems Vendor ("QISV") of the State of Texas, to be prod fi.om prewously budgeted funds m an amount not to exceed $942,195 00, and prowd~ng for an effective date City of Denton City Cotmcd Agenda April 3, 2001 Page 5 20 Consider adoption of an ordinance approving an employment agreement and authorizing the Mayor to execute this agreement employing Michael A Conduff as City Manager of the City of Denton, Texas, setting the compensation and terms of that employment, ratifying prior action, and providing an effective date PUBLIC ItEARINGS 21 Hold a pubhc hearing and consider adoption of an ordinance amending the ordinance adopting The Denton Plan 1999-2020 by adopting a pedestrian and bicycle component of the Denton Mob~hty Plan for the City of Denton, providing a savings and a repealing clause, and providing for an effective date (The Planmng and Zoning Comm~ssion recommends approval, 7-0 ) 22 Hold a public hearing regarding the involuntary annexation and service plan for 46 acres of land in the eastern section of the City of Denton's Extratemtonal Junsdmt~on (ETJ) The site is generally located on the south side of Blagg Road, approximately 1000' west of Lakevlew Boulevard (A-Ol-O002, Blagg RoadAnnexatton Area) 23 Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan at 1551 Mmgo Road from a Single Family (SF-7) zoning d~stnct to a Planned Development (PD) zomng district The 22 7 acre property ~s generally located between University Drive and Mlngo Road, approximately 500' east of Ruddelt Street A semor housing complex and pubhc park are proposed The Planning and Zoning Comm~ssion recommends approval (5-0) with conditions (ZP-OI-O001, Bluffvtew V#las) 24 Hold a pubhc hearing and consider adoption of an ordinance approving a Detailed Plan / Project Plan for approximately 15 acres located on the southeast side of Interstate 35E apprommately 3000 feet northwest of its intersection with Post Oak Road The property is located in the Planned Development 12 (PD-12) zoning district An automobile dealership ~s proposed The Planning and Zoning Commission recommends approval (5- 0) with conditions (SP-OI-O001, Jim McNatt Toyota - Dodge) 25 Hold a pubhc hearing and consider adoption of an ordinance approving a Comprehensive Plan Amendment, from a Neighborhood Center to a Community Mixed Use Center, for a 13 16 acre s~te located at the southwest comer of Teasley Lane and Ryan Road m the Clty of Denton, Denton County, Texas A community retml center ~s proposed The Planning and Zoning Commission recommends denial (3-2) (CA-O0-O02, Teasley Commons Comprehenstve Plan AmendmenO 26 Hold a pubhc heanng and consider adoption of an ordinance approving a Zoning Plan for a 13 16 acre site located at the southwest comer of Teasley Lane and Ryan Road ~n the City of Denton, Denton County, Texas The property is currently zoned Planned Development 93 (PD-93) The intent ~s to amend the Planned Development to allow the construction of a community shopping center The Plarmlng and Zoning Commission recommends demal (3-2) (ZP-O0-O17, Teasley Commons Zonmg Plan) Caty of Denton City Councal Agenda April 3, 2~)01 Page 6 ITEMS ~OR INDIVIDUAL CONSIDERATION 27 R~eonsader approval of a resolutaon approvang a Project Plan for 1 563 acres an a Commereaal (C) zonang dastnct, located on the north sade of 1-35 at the northeast anterseetlon of 1-35 servace road between Fort Worth Drave and Teasley Lane Johnny Canno's Country Itahan Restaurant is proposed ($P-00-019) 28 Consader approval of exactaon varaances from Sectaon 34-114(5), perameter pavang, and S~ct~on 34-114(17), sadewalks, of the Subdavasaon and Land Development Regulataons for the Denton Plaza Addmon The 11 6 acre site as located at the southeast comer of K~mberly Lane and Karma Lane The property is an a Laght Industraal (LI) zonang distract An office and call center for the Federal Emergency Management Agency (FEMA) as proposed The Planmng and Zonang Commassion recommends approval (4-1 & 3-2) (V-01-0008) 29 Consider approval of an exaction varaance from Sectaon 34-114(3), street design standards, concemang nght~ofoway dedacanon, of the Subdavasaon and Land Development Regulataons for a 0 6 acre property located on the west sade of Sherman Drive, approxamately ¼ male north of Bell Avenue The sate as an a Sangle Family (SF-7) zonang dasmet A convenience store with gasohne sales as proposed The Planning and Zonang Commassaon recommends approval of a pamal varaance for 8' of raght-of-way dedaeated (3.2) (V-Ol-O005) 30 C0nsader and take action on a request for rebel from the Non-Resadentml Interim Zoning Regulations, Ordinance 2000-069 for a 2 2 acre property located at 1808 N Elm Street Tile property as an General Retail (GR) zoning distract A Planned Development zonmg da~tnet to allow both General Retail and Residential uses on the property as proposed (RN-Oi-O002, 1808 N Elm StreeO 31 Consider approval of DME's strategy to continue to momtor market rules before entenng anto electrac competataon 32 Items from the Cay Manager A, Notffieataon of upcomang meetangs and/or conferences B Claraficataon of atems on the agenda 33 P0ss~ble contanuataon of Closed Meetang under Sectaons 551 071-551 086 of the Texas Open Meetings Act 34 Officaal Actaon on Closed Meeting Item(s) under Sectaons 551 071-551 086 of the Texas Open Meetangs Act CERTIFICATE I eertafy that the above nouee of meeting was posted~ on the ~ulletan board at the ~y Hall of the City of D..gnt~n, Texas, on the~.'~l~ day of ])'~/tg~t°~_ ,2001 at ~/'~ ~ o'clock (am)~ ~. b~l ~ ~/"- CITY SECRETARY C~ty of Denton C~ty Council Agenda April 3, 2001 Page 7 NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING 1MPAIRED 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 0 0 _ ~gn~ It~m~ · CITY OF DENTON CITY CO~CIL M~UTES M~ch 2, 2001 The Cny of Denton C~ty Co~cfl held a Specml Called Meeting on Friday, Mmch 2, 2001 at 9 00 a m ~n the Co.cfi Work Session Room P~SENT Mayor Brock, Co~cfl Members Bu~oughs, Coc~, ~d ~lstoferson ABSENT Mayor Pro Tern Beasley, Co~cfl Members Duo.ce ~d Young 1 ~e Co.ell received a repo~, held a &scusslon ~d gave staff &rect~on reg~dmg the dr~ Development Code, mclu&ng the review of pubhc comments, draR code pohcy ~ssues, zoning map rewslon requests, ~d the options for prow&ng additional not,ce for prope~es ~at would become legal, non-confo~mg l~d uses The Co.cfi &scussed holding additional workshops on M~ch 9 ~d M~ch 16 Doug Powell, D~rector of Plying ~d Development, presented the Council w~th recomendat~ons ~om the Pl~mg ~d Zomng Commission Subcommittee Council Member D~ce ~ved at ~e meeting ~e Co~cfl d~scussed the Subcomma~ee's recommendauons ~d v~ous aspects of the proposed zoning map ~d made suggested ch~ges EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 6, 2001 After determnnng that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, March 6, 2001 at 5 00 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Council Mc~nbers Burroughs, Cochran, Dun'mace, Knstoferson and Young ABSENT Mayor Pro Tem Beasley 1 The Council considered the following in Closed Meeting A Deliberations Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551 072 (1) Received information from Staff, discussed, deliberated, considered, took action on, mad provided Staff with direction pertmmng to the location of, the purchase price of, the possible terms of sale, and valuation issues respecting the possible cumulative acquisition of approximately 50 acres of real property situated within the J Scott Survey, Abstract No 1222, mad the W Wflbum Survey, Abstract No 1419, and the A Meyers - Johnson Survey, Abstract No 1699, and the adjacent unnumbered M E P & P R R Survey to the south of smd Meyers - Johnson Survey, mad the G Barb Survey, Abstract No 208 in Denton County, Texas, such tracts of land being north of and adjacent to the northern limits of the Denton Municipal Airport property (Masch Branch Road & Jim Christal Road area) B Consultation with Attorney - Under TEX GOV'T CODE Section 551 071 (1) Received a further briefing from the City's attorneys, and considered, discussed, strateglzed and took action on whether or not to intervene as a party in TNRCC Docket No 2000-1412-AIR (Martin Marietta Materials of Texas, Inc ), or in the alternative, whether to take other legal action pertmmng thereto, where to dmcuss these matters in public would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas (2) Discussed mad considered strategy mad status of litigation with the City's attorneys in litigation styled Ctty of Denton, et al v TXU Electrtc Company, et al, Cause No 009383 currently pending in the 134th District Court of Dallas County, Texas, mad discussed legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Dlsmplmary Rules of Professional Conduct of the State Bar of Texas Regular Meetmg of the City of Denton City Councll on Tuesday, March 6, 2001 at 6 00 p m in the Council Chambers at City Hall City of Denton City Council Minutes March 6, 2001 Page 2 1 Pledge of Allegiance - Led by cluldren from the Denton Commumty The Council and members of the audience remted the Pledge of Allegiance to the U S and Texas flags 2 The Council considered approval of the minutes of February 2, February 6, February 9, February 12, February 13, February 19, February 20, February 21, and February 27, 2001 Burroughs motioned, Durrance seconded to approve the minutes as presented On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously PRESENTATIONS 3 March Yard of the Month Awards Mayor Brock presented Yard of the Month Awards to Jim and Judy Smith Jack and Janlce Dobbs Mary and D E Rowan, Jr Dan and Carolyn Cunmngham Betty Barton Peggy and Orv~d Fox Turbo Refrtgeratlng Company 4 Presentations a Randy Moravek presented a Certificate of Achievement for Excellence ~n F~nanmal Reporting by the Government Finance Officer's Assomatmn for Denton's Comprehensive Annual Financial Report for the fiscal year ended September 30, 1999 b Randy Moravek presented a D~stmgmshed Budget Presentation Award on the 1999-00 Denton Budget by the Government F~nance Officer's Assomat~on CITIZEN REPORTS 5 Andee Chamberlmn regardmg removal of drop-off recycling centers Ms Chamberlam stated that she understood that drop-off centers would be removed when the curbs~de recycling program was started She requested as many sites be left open as possible for residents who live m apartments and could not use the curbslde recychng program 6 Dorothy Framanty regarding xssues with Municipal Court procedures Ms Framanty was not present at the meetmg C~ty of Denton C~ty Council Minutes March 6, 2001 Page 3 NOISE EXCEPTIONS 7 The Council considered a request for an exception to the no,se ordinance for construction act~wty for the Umvers~ty Courtyard Apartments between 8 00 a m and 1 00 p m on Sundays by Rea Construction Company at 200 S Bonme Brae Street on Sundays from March 4, 2001 until August 5, 2001 Burroughs motioned, Young seconded to approve the request w~th the condition that upon receipt of a no,se eomplmnt, the ~tem would be returned to Councd at the next called meeting for rewew On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unamtnously CONSEN~r AGENDA Mayor Brock stated that Item//12 was pulled from consideration Counml Member Knstoferson asked that Item #23 be pulled for separate consideration Councd Member Young asked that Items #22 and #23 be pulled for separate consideration Council Member Cochran asked that Items #25 and #31 be pulled for separate consideration Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances and resolutions w~th the exception of Items #22, #23, #25, and #31 On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unanimously 8 NO 2001-098 AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS, AND PROVIDING FOR AN EFFECTIVE DATE 9 NO 2001-099 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON AND PROVIDING FOR AN EFFECTIVE DATE 10 NO 2001-100 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, SPAN, INC AND THE UNIVERSITY OF NORTH TEXAS TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY, AND PROVIDING FOR AN EFFECTIVE DATE C~ty of Denton C~ty Council M~nutes March 6, 2001 Page 4 11 NO 2001-101 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF FULBRIGHT & JAWORSKI, LLP FOR SERVICES PERTAINING TO OBTAINING A PRIVATE LETTER RULING FROM THE INTERNAL REVENUE SERVICE RESPECTING THE ISSUANCE OF TAX-EXEMPT DEBT TO REFINANCE OUTSTANDING TEXAS MUNICIPAL POWER AGENCY DEBT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE 12 This item was not considered 13 Approved a tax refund to Thomas E & Margaret Hook ~n the amount of $582 01 The 2000 property tax was prod twice 14 Approved a tax refund to P~tney Bowes m the amount of $8,216 31 The 1999 property tax was prod twice 15 Approved a tax refund to Mary Gonzales ~n the amount of $679 43 The 2000 property tax was prod twice 16 Approved a tax refund to Kemn & Laurie Pearson ~n the amount of $629 75 The 2000 property tax was paid twice 17 Approved a tax refund to Rachard Andrew ~n the amount of $2,357 82 The 1999 property tax was prod twine 18 Approved a tax refund to Scott Brown in the amount of $1,333 91 The 2000 property tax was prod twice 19 Approved of a tax refund to Countrywide Home Loans ~n the amount of $2,137 29 The 2000 property tax was paid twice 20 Approved a tax refund to Jemy Kelsoe ~n the amount of $7,814 17 Mr Kelsoe erroneously prod his Denton County and DISD taxes to the City of Denton 21 NO 2001-102 AN ORDINANCE APPROVING THE ASSIGNMENT OF A PUBLIC WORKS CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND HENDERSON CONSTRUCTION, L L P FOR THE CONSTRUCTION OF CERTAIN MUNICIPAL IMPROVEMENTS KNOWN AS THE WESTERN PECAN/COOPER CREEK PROJECT TO KEBO SERVICES, INC, WHICH CONTRACT WAS PREVIOUSLY AWARDED BY THE CITY COUNCIL PURSUANT TO ORDINANCE NO (2000- 276), AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT OF BEHALF OF THE CITY AND AUTHORIZING THE EXPENDITURE OF FUNDS City of Denton C~ty Council M~nutes March 6, 2001 Page 5 THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2531 - INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK & COOPER CREEK, ASSIGNED TO KEBO SERVICES, INC iN THE AMOUNT OF $683,930) 24 NO 2001-105 AN ORDINANCE ACCEPTING PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF 800 MHZ MOBILE RADIOS AND ACCESSORIES WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 13144 - MOTOROLA CUSTOMER CONNECTION, IN THE AMOUNT OF $60,353 15 FOR MOBILE RADIOS) 26 NO 2001-107 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF ELECTRIC METERS, CURRENT TRANSFORMERS, AND METER SOCKETS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2617 - ELECTRIC METERS, CURRENT TRANSFORMERS AND METER SOCKETS AWARDED TO MULTIPLE SUPPLIERS IN THE ANNUAL ESTIMATED AMOUNT OF $225,000) 27 NO 2001-108 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO POLICE MOTORCYCLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2635 - POLICE MOTORCYCLES AWARDED TO CYCLE CENTER OF DENTON IN THE AMOUNT OF $19,800) 28 NO 2001-109 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE MOBILE VIDEO CAMERA SYSTEMS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2641 - POLICE MOBILE VIDEO CAMERA SYSTEMS AWARDED TO MOBILE VISION IN THE AMOUNT OF $233,225) 29 NO 2001-110 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A 40 KVA / 32 KW UNINTERRUPTED POWER SUPPLY (UPS) AND INSTALLATION AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION City of Denton City Council Minutes March 6, 2001 Page 6 SERVICES VENDOR (QISV) CATALOGUE, PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 12574 TO DATACOM POWER, INC IN THE AMOUNT OF $39,881) 30 NO 2001-111 AN ORDINANCE APPROVING A LOCAL PROJECT ADVANCE FUNDiNG AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE CONSTRUCTION AND FUNDiNG OF CERTAIN PUBLIC IMPROVEMENTS FOR US 77 FROM iNTERSTATE 35 TO US 380, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDiNG AN EFFECTIVE DATE 32 NO R2001-006 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING FEDERAL FUNDiNG FOR AIRPORT DEVELOPMENT PROJECTS AT THE DENTON MUNICIPAL AIRPORT LOCATED iN THE CITY OF DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE PUBLIC HEARINGS 33 The Council held a public heanng and considered adoption of an ordinance approving a Zoning Plan to rezone 34 1 acres from Planned Development (PD-100) and Single Family (SF- 71[c]35) zonmg thstncts to a Planned Development (PD) zoning district The property was generally located north of Robinson Road, between Teasley Lane and State School Road A single-family subdivision with an amenity center and open space was proposed The Planning and Zoning Commission recommended approval (7-0) (ZP-O0-O08, Robinson Oaks) Doug Powell, Director of Planning and Development, stated that the proposed planned development was planned for single-family development The application was covered by the interim regulations and was considered under those regulations The Mayor opened the public heanng The following individual spoke dunng the public heanng Greg Blalock, representing the petitioner - favor The Mayor closed the pubhc heanng The following ordinance was considered NO 2001-112 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 34 1 ACRES LOCATED WITHiN PLANNED DEVELOPMENT City of DeCton City Council Minutes March 6, 2001 Page 7 (PD-100) AND SINGLE FAMILY (SF-7[C]35) ZONING DISTRICTS, TO AMEND PLANNED DEVELOPMENT 100 (PD-100) DISTRICT TO ALLOW FOR SINGLE FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED NORTH OF ROBINSON ROAD, EAST OF TEASLEY LANE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE Young motioned, Burroughs seconded to adopt the ordinance with the condition that the park space would never be bmlt on On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Mot~oncamedwlthaS-1 vote 34 The Council held a public heanng and considered adoption of an ordinance approving a ProJect Plan/Detmled Plan on 34 1 acres an a Planned Development (PD) zoning district The property was generally located north of Robinson Road, between Teasley Lane and State School Road A single-family subdivision with an amenity center and open space was proposed The Planning and Zomng Commission recommended approval (7-0) (SP-O0-O09, Robmson Oaks) Doug Powell, Director of Planning and Development, stated that this ordinance would approve the project plan/detailed plan on the property Council just zoned He indicated that some type of restnctlon~ could be place on the property to mmntmn the park space The Mayor opened the public heanng The following lnthvlduals spoke dunng the public heanng Greg Blalock - favor Bob I~ssam, 2221 Loon Lake Road, Denton 76210, expressed a concern regarding drainage The Mayor closed the public heanng The following ordinance was considered NO 2001-113 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 34 1 ACRES LOCATED WITHIN A PLANNED DEVELOPMENT CPD-100) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED NORTH OF ROBINSON ROAD, EAST OF TEASLEY LANE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE Young mi>tloned, Burroughs seconded to adopt the ordinance with the condition that the open space would always remmn parkland On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Krtstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned with a 5-1 vote C~ty of Denton Caty Council Manutes March 6, 2001 Page 8 35 The Councal held the second of two scheduled publac heanngs to hear comments regarding the City of Denton Draf~ Development Code and zonang map Cochran motaoned, Burroughs seconded to suspend the Councal roles and hma speaker tame on thas ~tem to 3 minutes On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motaon earned wath a 4-2 vote The Mayor opened the publac heanng Marry Ravers, 2000 Whatefish Court, Denton, 76210 - represented the Chamber and the Chamber's posat~on on the Code Ronald Slovacek, 3964 Fawn Dnve, Denton, 76208 Robert Kassam, 2221 Loon Lake Road, Denton, 76201 Mary Brower, 3205 Meredath Lane, Denton, 76210 Make Montgomery, no address gaven Roland Vela, 729 Radgecrest, Denton, 76205 Bob Sherman, 5949 Sherry Lane, Dallas, 75225 Ed Soph, 1620 Vactona, Denton Tom Bntton, 2212 Fort Worth Drive, Denton, 76205 Eva Cadwallader, 3920 Fawn Drive, Denton, 76208 Don Dallard, 5000 Thanksgawng Tower, Dallas, 75201 - presented a letter to the Council for the record Carolyn Phallaps, 722 Lakey Street, Denton, 76205 Joyee Poole, 3021 North Bonme Brae, Denton, 76207 Dalton Allen, 1111 Lexangton, Denton, 762 Charles Jewell, 1812 Woodr~dge Drive, Arhngton, 76013 Andy Payne, 2408 T~mber Trail, Denton, 76201 Davad Bynum, 215 Marietta Street, Denton, 76201 Edwin Fulton, no address gaven Ball Cheek, Jr, 12000 Vasta Verde, Denton, 76210 Marshall J Racks, Box 250, Denton, 76201 Vaola Woods, 2212-50 Fort Worth Drive, Denton, 76205 Tom Marley, 206 Dotson, Denton, 76205 Renee Cassar, 2212 Fort Worth Dnve, Denton Tom Farlow, 2210 Santa Monaca, Denton Gaff Backstrom, 2212 Fort Worth Drive, Denton 76205 Scan O'Neall, 2212 Fort Worth Drive, Denton, 76205 Dawd Paatt, 809- 2321 Fort Worth Drive, Denton, 76205 Jody Clacker, 4327 Radge Lane, Denton Barbara Russell, 1324 Heather Lane, Denton, 76201 John Bond, 1700 S Mayhlll Road, Denton, 76208 ClaffRedmg, 211 Woodrow, Denton, 76205 Mark Marshall, 3324 Nottingham, Denton Zane Latham, 1706 Shady Oaks, Denton, 76205 J B Hmsler, 1200 Cowlang, Sanger, 76266 Raymond Redmon, 710 East Prmne Street, Denton City or'Denton City Council Minutes March 6, 2001 Page 9 The following individuals submitted Comment Cards Jay Thomas, 3301 Cooper Branch, Denton, 76201 Vauglm E Miller, 2212 Fort Worth Drive #86, Denton, 76205 Marvin Jeffnes, 2112 Stonegate Drive, Denton, 76205 Paul Brown, 2212 Fort Worth Drive #172, Denton, 76205 Elolse O'Neill, 2212 Fort Worth Drave #171, Denton, 76205 A D and Genevieve Neal, 2212-156 Fort Worth Drive, Denton, 76205 Shawn and Kay Sepulvado, 2212 Fort Worth Drive #148, Denton, 76205 Jaeobo Long, 721 S Woodrow, Denton, 76205 Kent Key, 3524 Belmont, Denton, 76210 Jane L Fulton, 729 Greenwood, Denton, 76209 G~sele Cassar, 2212-163 Fort Worth Dnve, Denton, 76205 Robert Pructt, 2114 North Lake Trail, Denton, 76201 Bryan Marley, 1914 Jacquehne, Denton, 76205 Steve Marley, 1527 Hunter Radge, Denton, 76205 Oscar Jlmenez, 2310 W Oak Street, Denton, 76201 Bill Thomas, 3408 Nottingham, Denton, Texas 76201 Calvin Jenkins, 2212-169 Fort Worth Drive, Denton, 76205 Jamle Mayline, 2212 Forth Worth Drive, Denton, 76205 Barbara Donald, 2122 Forth Worth Drive, Denton, 76205 Marshall J Racks, Box 250, Denton, 76201 Rachard Cooper, 2701 Mayhfll, Denton, 76208 Ellen Painter, 207 North Bonme Brae, Denton, 76201 Raymond and Hfltrud Brown, 2212 Forth Worth Drive, Denton, 76205 V~ctona Lee, 2513 Whispenng Oaks, Denton, 76209 Ruth Walters, 216 Danael, Denton, 76206 Glenn Ison, 25 Wellington Oaks Circle, Denton, 76210 David Hoeing, 1624 Churchill, Denton, 76209 Rodney Smith, 1230 Forth Worth Drive, Denton, 76205 David Gllmer, 1230 Fort Worth Drive, Denton, 76205 Kenneth Mlnh~nnett, 1003 Shady Oaks Drive, Denton, 76205 Joy Powell, 9718 Mmgo Road, Denton, 76208 L~nda Hlekey, 518 Jupiter, Denton, 76209 Richard and Karen Haskins, 2212 Fort Worth Drive, 76205 Don Gmley, 3300 Shadow Trail, Denton, 76207 Patt~ Marley, 913 Kllkanney Court, Denton, 76210 Joe Mulroy, 119 Radgecrest, Denton, 76205 Vlrglma Jackson, 506 N Charles, Lewlsvflle, 75057 Dennis Ash, 2520 Sherwood, Denton, 76201 Judy Wflhs, 3116 Broken Bow, Denton, 76209 Allen Bussell, 1621 Amanda Court, Ponder, 76259 IVlehssa Maple, 414 W Parkway, Denton, 76201 Kathy Orr/Sue Flckey, 605 Londonden'y, Denton, 76201 Gene Pauhne, 2212-100 Fort Worth Drive, Denton, 76205 Wommack Mayline, 2212 Fort Worth Drive, Denton, 76205 Karen Paulus, 2212 Fort Wroth Drive, Denton, 76205 Nub Neighbors, 2720 James, Denton, 76205 C~ty of Denton C~ty Council Mmutes March 6, 2001 Page 10 Mary McAltcheon, 1217 Greenbnar, Denton, 76201 Leah L~nwlle, 2212 Fort Worth Dnve, Denton, 76205 Jerry Kelsoe, 3260 N Elm, Denton, 76207 REnc and Maria Fullerton, 3015 N Bonme Brae, Denton, 76207 C E Bounds, 204 Sharon Rose, Denton, 76210 The Mayor closed the pubhc heanng The Councd considered the ~tems pulled from the Consent Agenda Item #22 was considered 22 No 2001-103 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDiNG FOR AN EFFECTIVE DATE (BID 2630 - NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS PROJECT, AWARDED TO PLAYGROUND SPECIALIST, INC, IN THE AMOUNT OF $224,479 83 INCLUDING ALTERNATES 1 AND 4) Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion canned w~th a 5-1 vote 23 NO 2001-104 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDiNG A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF AN 8' X 65' PRE-FABRICATED BRIDGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2644 - FRED MOORE PRE- FABRICATED BRIDGE, AWARDED TO CONTINENTAL BRIDGE IN THE AMOUNT OF $32,459 WITH DELIVERY IN 8 WEEKS) Knstoferson motioned, Cochran seconded to adopt the ordinance On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motuon carried w~th a 5-1 vote 25 NO 2001-106 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ENVIRONMENTAL LABORATORY SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2605 - ENVIRONMENTAL LABORATORY SERVICES AWARDED TO CERTES ENVIRONMENTAL LABORATORIES, L LC IN THE ESTIMATED ANNUAL AMOUNT OF $145,000) Caty of Dqnton City Council Minutes March 6, 2001 Page 11 Council Member Young left the meeting Durrance motioned, Burroughs seconded to adopt the ordinance On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unanimously 31 NO R2001-005 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING A SALES TAX ON PRODUCTS AND SERVICES PURCHASED ON THE INTERNET ENSURING EQUITABLE TREATMENT OF RETAILERS LOCATED IN THE CITY OF DENTON AND PRESERVING THE LOCAL SALES TAX BASE NEEDED TO DELIVER CITY SERVICES Knstoferson motioned, Burroughs seconded to approve the resolution wtth the removal of Sectaons 5 and 6 and the placement of a period after "new tax" ~n Section l0 On roll vote, Burroughs "aye", Coehran "aye", Durranee "aye", Knstoferson "aye", and Mayor Brock "aye" Motion canned unammously Cotmcfl Member Young returned to the meeting ITEMS FOR INDIVIDUAL CONSIDERATION 36 The Council considered approval of a resolution for a Project Plan/Site Plan ~n a General Retail (GR) zoning dlstnct The 1 1-acre property was generally located on the west side of Loop 288, less than 500' south of McKlnney Street A drive-through restaurant was proposed (SP-O0-O15, Jack tn the Box Restaurant) Denms Woznac spoke on the issue The following resolution was considered NO R2001-007 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN LOCATED WITHIN A GENERAL RETAIL (GR) DISTRICT, BEING AN APPROXIMATE 1 05 ACRE SITE LOCATED ON THE WEST SIDE OF LOOP 288, LESS THAN 500 FEET SOUTH OF MCKINNEY 1N THE CITY OF DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE (SP- 00-015, JACK IN THE BOX RESTAURANT) Knstoferson motioned, Burroughs seconded to approve the resolutmn w~th the condition that a monument s~gn be built instead of a pole sign On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned w~th a 5-1 vote City of Denton City Council Minutes March 6, 2001 Page 12 of 1-35 service road between Fort Worth Drive and Teasley Lane Johnny Canno's Country Ital,an ReStaurant was proposed (SP-O0-O19) The following ~ndlvlduals spoke on the proposal Charles Mercer, 3555 RR620 South, Austin, 78734 Nick Cade, 7403 Caruth, Dallas, 75225 Randall Pogue, 208 E Louslana, Suite 305, McK~nney, 75069 Council Member Knstoferson motioned to approve the resolution with the conditions that the bmld~ng orientation be towards the street, that there be no parking between the street and the bmldlng and that 113 parking spaces would be provided Motion died for lack of a second Council Member Durrance motioned to postpone consideration ~n order to look at other options for design layout of the braiding Motion died for lack of a second Young motioned, Burroughs seconded to approve the request as presented w~th the condition of an increase in plant materials m the landscaping On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Brock "nay" Motion resulted in a 3-3 tie vote The lteln would be returned for consideration when there was a full Council 38 The Council considered adoption of a resolution approving a ProJect Plan for 1 464 acres m a One-family dwelhng (SF-7) zoning d~stnct, commonly known as 2417 Bernard Street located approximately 90 feet south of the intersection of Parvln Street and Bernard Street An expanslonofanex~st~ngehurehbmld~ngwasproposed ($P-00-020, Templo Vtda Nueva) Dawd Marion, 216 Tanglewood, Denton, 76207 spoke on the resolution The following resolution was considered NO R2001-008 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROViNG A NONRESIDENTIAL PROJECT PLAN FOR TEMPLO VIDE NUEVA CHURCH, BEING AN APPROXIMATE 1,464 ACRE SITE COMMONLY KNOWN AS 2417 BERNARD STREET LOCATED APPROXIMATELY 90 FEET SOUTH OF THE INTERSECTION OF PARVIN STREET AND BERNARD STREET, AND PROVIDING FOR AN EFFECTIVE DATE (sp-00-020, TEMPLO VIDE NUEVA CHURCH) Durrance motioned, Coehran seconded to approve the resolution with the condition of the addition of access being through the parkmg lot as indicated by staff On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion cat'ned unammously 39 The Council considered approval of a resolution approving a Project Plan for ll 688 acres m a Light Industrial (LI) zoning dastnct, located at the southeast corner of Klmbefly Lane City of Denton City Council Minutes March 6, 2001 Page 13 39 The Council considered approval of a resolution approving a ProJect Plan for 11 688 acres in a Light Industrial (LI) zoning d~smct, located at the southeast comer of Klmberly Lane and Karma Lane An office and call center for the Federal Emergency Management Agency (FEMA) was proposed (SP-00-021, FEMA) Councd Member Burroughs left w~th a conflmt of interest The following resolution was considered NO R2001-009 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) OFFICE BUILDING, BEING AN APPROXIMATELY 11 688 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF KIMBERLY LAND AND KARINA LANE, AND PROVIDING FOR AN EFFECTIVE DATE Young motioned, Cochran seconded to approve the resolution as submitted On roll vote, Cochran "aye", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Brock "aye" Motion failed w~th a 3-2 vote as 4 affirmative votes were needed to pass a resolution Knstoferson motioned, Cochran seconded to reconsider the item On roll vote, Cochran "aye", Durranee "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned with a 4-1 vote Young motioned, Cochran seconded to approve the resolution as submitted On roll vote, Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed w~th 4-1 vote 40 The Council considered adoption of an ordinance for an amendment to correct an inadvertent error m Ordinance 98-018, which was an ordinance zoning approximately 1 7 acres, located on the north side of Colorado Boulevard east of San Jaclnto Boulevard, to a Light Indusmal conditioned (LI(c)) zomng district Said error being an inadvertent error in the description of the property being zoned (SI-01-003) Counml Member Burroughs returned to the meeting The following ordinance was considered NO 2001-114 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT AN INADVERTENT ERROR IN ORDINANCE NO 98-018 WHICH IS AN ORDINANCE ZONING AN APPROXIMATE 1 7 ACRE TRACT OF LAND LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, AT SAN JACINTO BOULEVARD TO LIGHT INDUSTRIAL CONDITIONAL (LI[C]), SAID ERROR BEING AN INADVERTENT ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ZONED, AND PROVIDING AN EFFECTIVE DATE City of Denton City Council Minutes March 6, 2001 Page 14 Burroughs motioned, Cochran seconded to adopt the ordinance On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carned unanimously 41 The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement with the firm of HH Architects to provide professional services for the mtenor and exterior design of North Branch Library as well as management and inspection services dunng the construction phase as set forth in th~s contract, anthonzlng the expenditure of funds therefore, and providing an effective date The following ordinance was considered NO 2001-115 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF HH ARCHITECTS TO PROVIDE PROFESSIONAL SERVICES FOR THE INTERIOR AND EXTERIOR DESIGN OF NORTH BRANCH LIBRARY AS WELL AS MANAGEMENT AND INSPECTION SERVICES DURING THE CONSTRUCTION PHASE AS SET FORTH 1N THIS CONTRACT, AUTHORIZING THE EXPENDITURE OF FLrNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Knstoferson seconded to adopt the ordinance On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously 42 The Council considered adoption of an ordinance authorizing the City Manager to execute an amendment to the commercial airport lease agreement between the City of Denton and Ezell Aviation upon leased premases without formal written confirmation of the City Council, and pro,admg for an effective date The following ordanance was considered NO 2001-116 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE COMMERCIAL AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND EZELL AVIATION UPON LEASED PREMISES WITHOUT FORMAL WRITTEN CONFIRMATION OF THE CITY COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously City of D~mton City Counml M~nutes March 6, 2001 Page 15 43 The Council considered approval of a resolution authorizing the Steenng Committee of Northwest Metro/Mid-Cities Distribution System cities to retain legal counsel and rate case consultants, authonzmg the cities to intervene m related dockets before the Texas Railroad Commission, and suspendmg the proposed tariff and schedule of rates of TXU Electric and Gas Company, adoptmg findings in the preamble, and promdmg an effective date The following resolution was considered NO R2001-010 A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF NORTHWEST METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS, AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION, AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU ELECTRIC AND GAS COMPANY, ADOPTiNG FINDINGS IN THE PREAMBLE, AND PROVIDING AN EFFECTIVE DATE Herb Prouty, C~ty Attorney, stated that this resolution authorized the City to join a coahtlon of other Texas e~t~es to ~nvestlgate the proposed rate mcrease, authorized the hmng of an attorney and consultants to study the issue and to suspend the rates from the effective date of the resolution Staff was also recommendmg that Denton h~re Dlvemfied Utility Consultants to review the recommendations of the coaht~on as they apphed to the service area ~n Denton Burroughs motioned, Young seconded to approve the resolution On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motmn carried unammously 44 The Council considered adoption of an ordinance of the C~ty of Denton, Texas authortzmg the C~ty Attorney to intervene on behalf of the City as a party in TNRCC Docket No 2000-1412-AIR (Mart~n Marietta Matermls of Texas, Inc ), and providing an effective date The following ordinance was considered NO 2001-117 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY ATTORNEY TO INTERVENE ON BEHALF OF THE CITY AS A PARTY IN TNRCC DOCKET NO 2000-1412-AIR (MARTIN MARIETTA MATERIALS OF TEXAS, 1NC ), AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Young seconded to adopt the ordinance On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 45 The Council considered nominating members to the Denton County Housing Finance Corporation City of Denton City Council Minutes March 6, 2001 Page 16 This item was postponed until the next regular meeting 46 The Council considered appointments to the Webslte Task Fome Council Member Knstoferson appointed Vlckle McCombs Council Member Cochran appointed Randy Hunt Council Member Durrance appointed Joe Ialentl Council Member Young appointed Robb Bertelsen Council Member Burroughs appointed Brace Mitchell 47 The Council considered nominations/appointments to the City's Boards and Commissions Council Member Young nominated Cory Gouty to the Library Board Young motioned, Cochran seconded to suspend the rules and vote on the nomination at this meeting On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion canned unammously On roll vote for the nommatuon, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Yolmg "aye", and Mayor Brock "aye" Motion earned tmanlmously 48 Items from the City Manager City Manager Jez dad not have items for Council 49 The Council continued their Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 50 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act With no further business, the open portion of the meeting was adjourned at 2 20 a m Euhne Brock, Mayor City of Denton, Texas Jennifer Walters City Secretary City of Denton, Texas CITY OF DENTON CITY COUNCIL MINUTES March 9, 2001 After determlmng that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Friday, March 9, 2001 at 9 00 a m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Council Members Burroughs, Cochran, Durrance, and Knstoferson ABSENT Mayor Pro Tern Beasley, Council Member Young 1 The Council considered the following ~n Closed Meeting A Consultation with the City Attorney --Under TEXAS GOVERNMENT CODE Sectmn 551 071 (1) Received legal adwse from the City Attomey or his staff concerning legal issues regarding adoption of the Denton Development Code, where to discuss these matters in public would conflict w~th the duty of the City's attorneys under the Texas D~sclpllnary Rules of Professional Conduct of the State Bar of Texas Following the conclusion of the Closed Meeting, the Council convened ~nto a Special Called Meetmg on Friday, March 9, 2001 in the Council Work Session Room Council Member Burroughs left the meeting 1 The Council received a report, held a discussion and gave staff direction regarding the draft Development Code, Including the review of public comments, draft code pohcy assues, zomng map rewslon requests, and the options for provldlng additional notme for properties that would become legal, non-conforming land uses Doug Powell, Director of Planning and Development, presented Council with information regarding unresolved planned developments He presented an update on the unresolved issues that Council may want to consider Council held a dascusmon involving the development code and included such topics as defimtlon of outdoor storage, distraction between outdoor storage and outdoor sales area of a bus~ness, and whether to allow a drive-through m the downtown university core d~stnet Council reached a consensus on the following ~tems 1 Outside storage would be allowed with screening 2 Mml-warehouses would be allowed w~th architectural guldehnes 3 Outside storage in the Downtown Core District would be allowed City of Denton City Couned Minutes March 9, 2001 Page 2 4 Drive through facilities would be limited m the Downtown Core Dlsmct to be not located on the street side, integrated into the facility and would be an SUP process 5 The Pmltt property, the area adJacent to North Lakes Park would remain NR2 6 The Fulton property south of Jagoe would be changed to ECI 7 #8 on the List of Outstanding Issues would be deleted 8 Council still wanted to do site visits and would try and schedule next Friday Juhe Smith, Environmental Compliance Manager, presented a summary on Environmentally Sensitive Areas and the benefits of the Eastern Cross Timbers for the City Council Member Cochran requested more information on the specific benefits involved with environmentally sensitive areas for the individual property owner such as benefits for mmntmmng trees vs stormwater management Smith indicated that she would provide that type of information and would continue to work on an environmentally sensitive area overlay map w~th parcels Consensus of Council was to allow oil and gas dnlhng m rural districts, agricultural areas, and industrial districts with a specific use permit Staff would survey the Shady Oaks/Duncan/Smith Street area to determine non- conforming uses and ownership of the property Smith presented a handout regarding the regulatmns associated with Green Builders and green building practices She indicated that these regulations could be used with environmentally sensitive area constraints on particular pieces of property 2 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 3 There was no official action on Closed Meeting Item(s) under Sectmns 551 071- 551 086 of the Texas Open Meetings Act With no further business, the meeting was adjourned at 2 00 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 16, 2001 After determlmng that a quorum was present and convening in an Open Meeting, the City Council convened tn a Closed Meeting on Friday, March 16, 2001 at 9 00 a m in the City of Denton Council Work Session Room, Denton City Hall PRESENT Mayor Brock, Council Members Burroughs, Cochran, and Knstoferson ABSENT Mayor Pro Tern Beasley, Council Members Durrance and Young 1 Closed Meeting A The Council held consultation with the City Attorney --Under TEXAS GOVERNMENT CODE Section 551 071 (1) Received legal advice from the City Attorney or his staff concerning legal issues regarding adoption of the Denton Development Code and legal advice concermng nonconforming uses where to discuss these matters in public would conflict with the duty of the City's attorneys under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas includmg but not limited to legal advice relating to vinous planned developments including the followmg 1 PD-20 Umeorn Lake 2 PD-139 The Vintage 3 PD 142 Hfllcrest Center 4 PD 138 Hunter Ranch Business and Industrial Park 5 PD 120 North Pointe Count;Il Member Durrance amved dunng the Closed Session Following the conclusion of the Closed Meeting, the Council convened into a Special Called Meeting on Friday, March 16, 2001 in the Council Work Session Room 1 The Council received a report, held a discussion and gave staff direction regarding the draft Development Code, including the review of pubhe comments, draft code pohcy ISSUES, zomng map revisions, and vinous planned development districts including PD-20, PD-139, PD-142, PD-138, and PD-120 Doug~ Powell, Dtrector of Planmng and Development, reviewed schedule for future meetings Mayor Brock suggested that staff Include the changes Council had made on the zoning maps ,for the Planning and Zoning Commission to review with a possible time frame of the end of April for that review C~ty of Denton C~ty Council Minutes March 16, 2001 Page 2 Powel indicated that the Comm~smon would forward any completed chapters or maps for Council to rewew Mayor Brock suggested that after all recommendatmns and changes were final that a pubhc heanng be held before adoption of the Code Powell suggested a letter from the Mayor to the Commxssxon outhmng a proposed schedule and Council's concerns md~catmg a possxble ordinance detmhng the adoptxon process Ed Snyder, Assxstant C~ty Attorney, stated that the Counml could d~rect staff to ~dentxfy all planned developments wxth~n the Cxty and bnng them back to Cotmcfl for a dems~on whether to keep them m the same classifications on the zomng map Council Member Cochran felt that the master plan standards were ~n hne w~th what Council was trying to aclueve and felt that those should be honored Don Dillard, developer, was allowed to address the Councxl He rewewed the detmls of PD-14 and PD-142 relative to development Cotmed d~scussed non-conforming uses Powell mdmated that Legal was researching further ~nformatxon for Cotmml regarding non-conforming uses The language m the Code was such because Counml wanted a tough non-conforming standard Mayor Brock asked for a clarification of role of the Board of Adjustment ~n terms of state statutes Powell mdxcated that ~t heard appeals from decxs~ons by the Bmldxng Officml Council Member Cochran asked about issue #17 on the Closed Issue list Powell stated that decorate block would be deleted for resxdent~al use and added for non- resxdentxal use Council Member Cochran asked about the process for comprehensive plan amendments Powell stated that comprehensxve plan amendments would only take place four t~mes per year Zomng and plat changes would remain the same It was stall a Development Review Committee process for all apphcat~ons Sxte plan revxews would now be reqmred and admlmstrated at a staff level w~th an appeal to the Planning and Zomng Commission The Zoning Board of AdJustment would still be m place C~ty of Denton C~ty Councd Mmutes March 16, 2001 Page 3 2 The Council contmued their earher Closed Meeting under Sections 551 071- 551 086 of the Texas Open Meetings Act 3 There was no official action on Closed Meeting Item(s) under Sections 551 071- 551 086 of the Texas Open Meetings Act 4 The Councd was to have partm~pated m on-s~te wslts of various properties being affected by the adoption of the Development Code Council d~d not go on the tour W~th no further business, the meeting was adjourned at 2 00 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 19, 2001 After determlmng that a quorum was present and convemng m an Open Meeting, the City Councll convened m a Closed Meeting on Monday, March 19, 2001 at 9 00 a m ~n the City of Denton Council Work Session Room, Denton City Hall 1 The Council considered the following m Closed Meeting A Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551 074 (1) Held a d~scUSSlOn and deliberated regarding the appointment, employment, evaluation and/or duties of a C~ty Manager Followmg the conclusion of the Closed Meeting, the Connc~l was to have convened ~nto a Specml Called Meeting to consider the following 1 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act There was no continuation of Closed Meeting 2 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas,Open Meetings Act There ~vas no official action on Closed Meeting Items W~th no further business, the meetmg was adjourned EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY ISECRETARY CITY!OF DENTON, TEXAS AGENDA NFORM. T ON S.EET 0ate - AGENDA DATE' April 3, 2001 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT Conmder approval of a tax refund to Hunt Petroleum Corp ~n the amount of $630 11 The 2000 property tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govermng body of the taxing unit for refunds in excess of $500 oo Two checks for $630 11 were received for payment from Hunt Petroleum for Exposition Mills of Texas Ine, resulting m an overpayment of $630 11 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $630 11 EXHIBITS Apphcat~on for Refund D~ana Ort~z D~rector of F~scal Operations APPLICATION FOR TAX REFUND I Gol~e~ng office name I r Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE ' ' C TY OF DENTON Present mailing a(Idrese (number and street) HICKORY SUITE 76205 ,349-8316 FAX (940) 34g-72t'1 Step 1 MILLS OF TEXAS INC Address (number and street) · PETROLEUM CORP ATTN CAROL HENDRIX TAX DEPT 1601 ELM STREET SUITE 3400 and address :~ALLA~ TX 75201 , state, ZIP code Phone (area code and number) Step 2 Legal description (or attach copy of the tax bill or tax receipt) Dee~lbe PERSONAL PROPERTY the preperb/ Address or location of property 5800 N~RTH 1-36 ft300 Account number of property Tax receipt number OR 0004310661 Date Amount Amount Unit From Which For Which RefiJnd Of The Of Of Tax Refund Refund Is Required Is Requested Tax Payment Taxes Paid Requested Step 3 Clt~ of Denton 2000 1/31101 $ 630 11 .~;ve the tax Clt~ of Denton 2000 1/31101 $ 630 11 $ 630 11 3ayment n formation Taxpayer's reason for refund ( attach supporting documentation) * 2000 TAX WAS PAID TWICE · 1 hereby apply for the/r~fund of th/e~bove-d~'/scnbed taxes and certify that the information I have g~ven on th~s Step 4 form'le true and cora,'ct'to the I~of mv kniwledge and behef * I ~l~l~.~T-- .'-'~'/ " / ~ iuateoTappllcatlontortaxretuno Sign~ s~gn I Any person who makes a false entry upon the foregoing record shall be subject to one of the fullow~ng penalt;es 1 Imprisonment of not more that Me 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and impnsonment, 2 Confinement in tml for a term up to 1 year or a fine to exceed $2,000 or both such 2 I ^o .da.o /2/- _ Date_ AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 DEPARTMENT: Tax ACM. Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT Consider approval of a tax refund to Christopher Walton in the amount of $890 77 The 2000 property tax was paid twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the govermng body of the taxing unit for refunds in excess of $500 00 Ctmstopher Walton, a first time homeowner, did not realize his mortgage company would pay h~s 2000 property tax Mr Walton and his mortgage company prod the 2000 property tax, resulting in an overpayment of $890 77 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $890 77 EXHIBITS Apphcatlon for Refund Respectfully submitted ~ana OrtlZ ~'~ t~ · · D~rector of Fiscal Operations APPLICATION FOR TAX FiEFUND Collecting tax for (taxing units) COllecting office name MAR ~ - 20 01 CITY OF DENTON c,TY o. DE.TO. TAX OmCE Present mailing address (number and street) i01 E HICKORY SUITE F, .~lty, town or post office, state, ZIP code Phone (area code and number) DENTON, TX 76205 (940) 349-83t8 FAX (940) 349-7211 ro apply for a tax refund, the taxpa~/er must complete the following uwner~s i~ar~e Step 1 CHRISTOPHER E WALTON Present Marling Address (number and street) OwneCs name 2421 KARIBA LAN CRy, tOWn or poet office, state, ZIP code Phone (area code and number) and address iENTON TX 76205-3385 Step 2 Legal description (or attach copy of the tax bill or tax reca~pt) Describe WIND RIVER ESTATES PH VI BLOCK R LOT 7 the property Address or location of property 2421 KARIBA Account nurober of property Tax reca~pt number 207061 OR 0004182437 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Paid Requested Step 3 City of Denton 2000 10/2/00 890 77 $ 890 77 2000 12/29/00 $ 890 77 Give the tax I City of Denton ~ayment nformatlon 5 Taxpayer's reason for refund ( attach supporting documentation) FIRBT TIME HOMEOWNERS DID NOT REAl Iz; THAT THEIR MORTO COMPANY WOULD BE PAYING THE 2000 TAX *1 hereby apply for the refund of the above-described taxes and certify that the reformation I have given on Step 4 I correct to the best of m and belief * Sign the form Aoenda NO ~/~0~0 AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 DEPARTMENT' Tax ACM: Kathy DuBose, Fiscal and Municipal Serv~ces~-'~ SUBJECT Consider approval of a tax refund to Toyota Eqmpment Finance m the amount of $8,472 74 The 2000 property tax was paid twice BACKGROUND Chapter 31 11 of thc Texas Property Tax Code requires thc approval of thc governing body of thc taxing unit for refunds m excess of $500 00 The company mailed two checks for $8,472 74 on 12/4/00 and $1,212 60 on 12/30/00 to thc City of Denton for property taxes Thc two checks were for thc City of Denton, Denton County, and DISD taxes, resulting in an overpayment of $8,472 74 All documentation necessary for refund is attached FISCAL INFORMATION Thc tax overpayment revenue fund would be reduced by $8,472 74 EXItIBITS Application for Refund Respectfully submitted Diana Ortlz Director of Fiscal Operations Sent By HP LlserJe'( 3100~ 940 ~49 7211, Bar ~ 01 5 11PM, P~ge 3/3 ~PL~N ~R T~ ~ Cl~ OF D~ON CI~ tg0~ g0501.ti06 legal des~lpt~n (or atta;h ~[pY ~ the ~ ~ n~m~ ~ OR ~O~01~ ~R ~ Whl~ For ~i~ ~d ~ WA,~ DUE TO TaXl~/m'e~ re.on for refund ( ~ s~ng do~m~~n) ~E C~ tN ERROR 349 721~. P~E 0:3 Agendatten] ! ~ AGENDA INFORMATION SItEET AGENDA DATE: April 3, 2001 DEPARTMENT: Tax ACM. Kathy DuBose, Fiscal and Mumclpai Services~-'~ SUBJECT Consider approval of a tax refund to Garland Cates in the amount of $849 91 The 2000 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds m excess of $500 00 The 2000 property tax for Garland Cares was paid twine Two payments for $849 91 were received on 12/29/00 and 01/03/01, resulting m an overpayment All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $849 91 EXHIBITS Apphcat~on for Refund Respectfully submitted 15~a Omz Director of F~scal Operations APPLICATION FOR TAXI REFUND ICollectlng office name Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE Present mailing address (humber ancl street) C TY OF DENTON 60f E HICKORY SUITE F Phone code and number) City, town or post office, ~ttata, ZIP code (area DENTON, TX 76205 (940) 349-8318 FAX (940) 349-7211 To appl;/for a tax refund, ~the taxpayer must complete the follow~n~ ~Jwnera Rlama Step 1 GARLAND D CATES Present Mailing Address (number and street) )wner's name 3006 SANTA MONICA DR C~ty, town or poet office, state, ZIP code Phone (area code and number) ~nd address DENTON TX 76205-8520 ~tap 2 Legal description (or attach copy of the tax b~ll or tax receipt) Descnbe MONTECITO ADDN BLOCK A LOT 8 the property Address or location of property 9006 SANTA MONICA DR Account number of property Tax receipt number 0233;16 OR 0004030tl $ N'me of Taxing Year Date Amount Amount Unit From VVhich For Which Refund Of The Of Of Tax Refund Relund is Required Is Requested Tax Payment Taxes Pa~d Requested Step3 1 City ~of Denton 2000 12/29/00 $ 84991 G~ve the tax 2 Cit7 pf Denton 2000 1/3/01 $ 849 91 $ 849 91 payment informabon 4 Taxpayer's reason for refund ( attach supporting documentation) *TAXPAYER PAID 2000 TAX TWICE *1 hereby apply for the refund of the above-descnbed taxes and certl~ that the informat~on I have given on this Step 4 form~,is true and~lgnaturecorrect to the best of mv. knowledge, and behef * uate or application/or tax rerun(~ Any person who makes a false ent~ upon the foregoing re.rd shall be subject to one of the following penalties 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and impnsonment, 2 Confinement ~n jail for a term up to 1 year or a fine to exceed $2,000 or both such fo~h in Se~lon 37 10, Penal Code 2 Aoenda Item,, AGENDA INFORMATION SHEET edte_ ~.//.Z/{~/I AGENDA DATE: April 3, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ed Hodney 349-8271 ACM: Kathy DuBose, Fiscal and Mumc]pal Services'~"~ SUBJECT: An Ordinance accepting competitive bids and awarding a public works contract for the construction of North Lakes Park Football Fields and Parking Improvements, providing for the expenditure of funds therefore, and providing for an effective date (Bid 2629 - North Lakes Park Football Fields and Parking Improvements, awarded to Seneca Construction, Inc, in the amount of $910,130 30, including Alternates 1, 3, 5, 12) BID INFORMATION: This bid is for the construcUon of three football fields with lighting, roadways and parking lots, lrngaUon, systems, and tuff grass establishment at North Lakes Park 2100 W Windsor Dr (Bonnie Brae @ Windsor) RECOMMENDATION: We recommend this b~d be awarded to the lowest responsible bidder, Seneca Construction, Inc in the amount of $799,192 80, plus accept (Alternate 1) Field Imgation at $55,125, (Alternate 5) pressure ,vacuum breaker, $2,575, (Alternate 12) field drainage, $66,437 50, and Deduct (Alternate 3), ballast mounted fixtures, $13,200, this totals to $910,130 30 PRINCII~AL PLACE OF BUSINESS: Seneca Construction, Inc Denton, TX ESTIMATED SCHEDULE OF PROJECT: This projpct can be substantially completed within 180-calendar days after receipt of notice to proceed or approximately September 30, 2001 FISCALIINFORMATION: This will,be funded from the following Accounts · 461-031-ATHL-9830-9010 $ 88,970 00 · 461.031-ATHL-9949-9105 $495,325 00 · 462-031-PARK-9945-9157 $325,835 30 Total $910,130 30 Agenda Information Sheet April 3, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1549 Agenda ATTACHMENT 1 TABULATION SHEET BID 2629 DATE 2120101 No I DESCRIPTION VENDOR VENDOR SENECA SRO GENERAL CONTRACTING CONTRACTING Pn~clpl'e Place of Business DENTON TEXAS SPRINGTOWN TX I Base B~d $799,192 80 $982,000 00 1 Alternates-ADD 1 Irngabon-Football and Ruby F~elds -ADD $55,125 00 $45,581 15 2 Irngabon - Parkmg-ADD $55,490 00 $38,540 97 3 Irngat~on-Roadway-ADD $18,000 00 $17,800 00 4 Irrigation-Parking and Roadway-ADD $10,000 00 $8,022 00 5 Irrigation-ADD $2,575 00 $1,162 00 Add Curb-ADD $7,600 00 $26,850 00 6 Pave and Add Curb-ADD $139,125 00 $207,900 00 7 Bomanlte Paving-ADD $8,580 00 $15,000 00 8 Field Drainage-ADD $35,000 00 $12,673 50 9 10 Landscape-ADD $54,865 00 $37,282 60 Tree Transplant-ADD $6,400 00 $12,000 00 11 12 S~te Utllt~es-ADD $66,437 50 $83,855 50 13 S~te Utdbes-ADD $16,000 00 $28,650 00 Alternates - DELETE 1 Concrete S~te Work-DELTE ($244,678 00) ($5,115 38) 2 Asphalt S~te Work-DELETE ($223,964 00) ($14,362 56) 3 bghbng-DELETE ($13,200 00) ($13,000 00) Addendum #1 YES YES Addendum #2 YES YES BID BOND YES YES ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF NORTH LAKES PARK FOOTBALL FIELDS AND PARKING IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2629 - NORTH LAKES PARK FOOTBALL FIELDS AND PARKING IMPROVEMENTS, AWARDED TO SENECA CONSTRUCTION, INC, IN THE AMOUNT OF $910,130 30, INCLUDING ALTERNATES 1, 3, 5, 12) Wl-IEREAS, the Caty has sohc~ted, received and tabulated competatave b~ds for the construction of pubhc works or ~mprovements m accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has received and recommended that the here~n described b~ds are the lowest responsible b~ds for the construcuon of the pubhc works or ~mprovements described an the bad mvatatmn, b~d proposals and plans and spemflcat~ons thermn, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competmve bads for the constructmn of pubhc works or amprovements, as described ~n the "B~d Invatatmns", "Bad Proposals" or plans and spemflcat~ons on file ~n the Office of the Caty's Purchasing Agent filed accord, ng to the b~d number assagned hereto, are hereby accepted and approved as being the lowest respons,ble b~ds BID NUMBER CONTRACTOR AMOUNT 2629 Seneca Constmctmn, Inc $910,130 30 SECTION II That the acceptance and approval of the above compet~tave bids shall not constitute a contract between the Caty and the person subn~ttmg the bxd for constructaon of such pubhc works or ~mprovements hereto accepted and approved, until such person shall comply w~th all reqmmments specified ~n the Nottce to Badders ancludang the t~mely executton of a written contract and furnishing of performance and payment bonds, and msurance certaficate after notaficat~on of the award of the b~d SECTION Ill That the Caty Manager as hereby authorized to execute all necessary written contracts for the performance of the constructmn of the pubhc works or amprovements ~n accordance w~th the bads accepted and approved hereto, provaded that such contracts are made ~n accordance w~th the Not,ce to B~dders and B~d Proposals, and documents relating thereto specifying the terms, cond~tmns, plans and spec~flcataons, standards, quantxtaes and specafied sums contained thereto SECTION IV That upon acceptance and approval of the above compet~tave b~ds and the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the City Council hereby authorizes the expenchture of funds m the manner and m the amount as specified ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective ~mmechately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2629 - CONTRACTUAL ORDINANCE (3 01) AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 Questions concermng th~s acquxs~t~on may be chrected DEPARTMENT: Materials Management to J~m Coulter 349-7194 ACM. Kathy DuBose, Fxscal and Mumc~pal Serv~ces's~ An Ordinance accepting competitive b~ds and awarding a contract for the purchase of Replacement Pump Parts for Fairbanks Pump, prowdmg for the expenditure of funds therefore, and prowchng an effectxve date (B~d 2582 - Replacement Pump Parts for Fairbanks Pump m the amount of $19,897 to Srmth Pump Co ) BID INFORMATION: Th~s b~d ~s for the replacement parts for a Fmrbanks Pump at the Wastewater Reclamation Plant Th~s pump located at the Dunnal Basra ~s essentml for an even flow throughout the plant · Fairbanks-Morse Size 16" Figure VTSH · Stage 1 GPM 4200/3500 · Total I-ID 30/35 RPM 885 · Impeller D~ameter 14 15 · Model # VTSH-AWF · Serial Number K4AZ-072564-0 RECOMMENDATION: We recommend that th~s b~d be awarded to the sole b~dder, Smith Pump Co PRINCIPAL PLACE OF BUSINESS: Smith Pump Co Fort Worth, TX ESTINL~TED SCHEDULE OF PRO~[ECT. Estimated dehvery date ~s 50 days or approximately the thxrd week m June 2001 FISCAL ,INFORMATION: Funding for th~s b~d w~ll come from accounts (625-082-0470-8339 and 625-082-0470-8110) Agenda Itfformatlon Sheet Apnl 3, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1551 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2582 Date 11-16-00 REPLACEMENT PUMP PARTS FOR FAIRBANKS PUMP No I QtT. ! ..... ~ESCRipT!0N VENDOR Smith Pump Co Principle Place of Bumness Et Worth, TX 1 1 Impellor & All Fasteners $ 6,189 00 2 1 Pump Shaft $ 4,717 00 3 2 Packing Box Gland $ 75 00 4 1 Topshaft Sleeve $ 111 00 5 1 Washer, Packing Box $ 39 00 6 1 Bell Wear Pang $ 477 00 7 1 Line Shaft) - All Shafting $ 1,220 00 8 1 Snap Pang $ 12 00 9 1 Impeller Wear Ring $ 499 00 10 1 Head Capscrew $ 1 00 11 1 Head Oasket $ 6 00 12 3 (Shaft Couphng) - All Shaft Couphngs $ q 35 00 13 I Throttle Pang, Bowl $ 813 00 14 4 (Bearing Connector Set) - All connectors $ $75 00 15 4 (Enclomng Tube) - All Enclosing Tubing $ 160 00 16 1 Top Enclomng Tube $ 903 00 17 1 Adapter, Enclomng Tube $ 604 00 18 1 Packing Box $ 607 00 19 1 Packing Box Gasket $ 4'[ 00 20 1 Impeller Key $ 67 00 21 1 Water Shnger $ 5 00 22 1 Lower Bowl Beanng $ 350 00 23 1 $ 38 O0 24 1 Upper Bowl Beanng $ 350 00 25 1 Impeller Screw $ 7 00 26 1 Impeller Washer $ 91 O0 27 Lot Shzppzng $ 55 O0 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A CONTRACT FOR THE PURCHASE OF REPLACEMENT PUMP PARTS FOR FAIRBANKS PUMP, PROVIDING FOR TH~ EXPENDITURE OF FUNDS THEREFORE, AND PROVDING AN EFFECTIVE DATE (BID 2582 - REPLACEMENT PUMP PARTS FOR FAIRBANKS PUMP IN THE AMOUNT OF $19,897) WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has rewewed and recommended that the here~n described b~ds are the lowest responsible bids for the materials, eqmpment, supplies or serwces as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has prowded m the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered b~ds for materials, equipment, supplies, or services, shown m the "Bid Proposals" on file m the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such ~tems BID VENDOR AMOUNT 2582 Snnth Pump Co $19, 897 SECTION ll That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the b~ds for such items and agrees to purchase the matenals, equipment, supplies or services an accordance w~th the terms, specifications, standards, quantities and for the specified sums contained m the Bid Inwtatlons, Bid Proposals, and related documents SECTION III ThatshouldtheCltyandpersonssubnnmngapprovedandacceptedltemsand of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarchng of the bids, the City Manager or his designated representaUve is hereby authorized to execute the written contract which shall be attached hereto, provided that the wntten contract ~s m accordance with the terms, conchtlons, specifications, standards, quantities and specafled sums contmned m the Bid Proposal and related documents hereto approved and accepted SECTION 1V That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and ~n accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herren SECTION V That this orchnance shall become effective lmmechately upon ~ts passage and approval PASSED AND APPROVED th~s __ day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM I-~RBERT L PROUTY, CITY ATTORNEY BY 2582 - SUPPLY SERVICES ORDINANCE -2001 AGENDA INFORMATION SHEET Oato.__.~/.¢/t~zZ// / AGENDAs DATE: April 3, 2001 Questions concerning this acqmsltlon may be directed DEPARTMENT: Matenals Management to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Serwces-~J~ SUBJECT: An Orchnance accepting competitive bids and awarding a contract for the purchase of a Self Loading 3-Reel Trmler and Industrial Hydraulic Cable Trmlers, prowdmg for the expenditure of funds therefore, and prowd~ng an effectsve date (Bid 2646 - Self Loading 3 Reel Trader and Industrial Hydraulic Cable Trailers m the amount of $96,474) BID INFORMATION' Th~s bid is for the purchase of one (1) self-loading 3-reel trailer for transporting 3 reels of electric d~stnbut~on and/or fiber optic cable at one t~me The second ~tem is to purchase four (4) smaller single reel trailers These trmlers are "self-loading" through a series of hydraulic hfts allowing for a one person loachng process The lack of competitive bidding response is the results of the equipment being very specmhzed and having a limited market The offer by Commercml Body on Item 2 far exceeds our required specifications RECOMMENDATION' We recommend this b~d be awarded to the lowest responsible bidder for each item Item 1 Commercial Body Corp ~n the amount of $ 66,190 Item 2 Petroflex N A, Inc in the amount of $7,571 each or $ 30,284 Total Award for 5 Traders $ 96,474 PRINCIPAL PLACE OF BUSINESS: Commercial Body Corp Petrofiex N A, Inc San Antonio, TX Galnesvdle, TX ESTIMATED SCHEDULE OF PROJECT: · EStimated dehvery for Items 1 ~s approximately 180 days or last week in September 2001 · Estimated dehvery for Item 2 ~s approximately 14 days or third week ~n April 2001 Agenda Ir~ormatlon Sheet April 3, 2001 Page 2 FISCAL INFORMATION. Funding for these trmlers wall come from Motor Pool Account (720-025-0584-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1548 Agenda , ATTACHMENT 1 TABULATION SHEET BID ,2646 Date 2/15/01 SELF LOADING 3 REEL TRAILER & INDUSTRIAL HYDRAULIC CABLE TRAILER No I Qt¥ DESCRIPTION VENDOR VENDOR PETROFLEX COMMERCIAL BODY Pr~ Ic~ple Place of Business GAINESVILLE, TX SAN ANTONIO, TX 1 SELF LOADING 3 - REEL NO BID $66,190 1 TRAILER 4 INDUSTRIAL HYDRAULIC $7,571 $29,021 2 CABLE TRAILER DELIVERY 14 DAYS 180 DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SELF LOADING 3-REEL TRAIl F.R AND INDUSTRIAL HYDRAULIC CABLE TRAILERS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2646 - SELF LOADING 3 REEL TRAILER AND INDUSTRIAL HYDRAULIC CABLE TRAIIF~RS IN THE AMOUNT OF $96,474) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted hem~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM VENDOR AMOUNT 2646 1 Commercial Body Corp $ 66,190 2646 2 Petroflex N A, Inc $ 30,284 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons subnnttmg the b~ds for such ~tems and agrees to purchase the materials, equlpmant, supphes or services m accordance with the terms, specifications, standards, quantmes and for the specified sums contmned m the B~d Invitations, Bid Proposals, and related documents SECTION lil That should the City and persons submitting approved and accepted ~tems and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the C~ty Manager or h~s designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is m accordance with the terms, conditions, specifications, standards, quantmes and spemfied sums contained m the B~d Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted bids, the C~ty Council hereby anthonzes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective lmme&ately upon its passage and approval PASSED AND APPROVED this __ day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2646 SUPPLY-SERVICES ORDINANCE -2001 AGE~A DATE: April 3, 2001 Questions concerning this acqms~t~on may be d~rected DEPAR~NT: Materials Management to C~y Tower 349-8424 ACM' Kathy DuBose, F~scfl ~d Mumc~pal Se~ce~ S~,IECT: An Or&nance accep~ng compet~ve b~ds and awarding a contract for the purchase of one (1) V2 ton utility vehicle, prowd~ng for the expenditure of funds therefore, and prowd~ng an effective date (B~d~2658 - Va Ton Utd~ty Vehicle aw~ded to Jmes Woods AutoPmk Inc, m the total amount $26,486 75) BID I~0R~TION: Th~s b~d ~s for the p~chase of a Va Ton Ut~hty Vehicle Th~s ~s an addition to the C~ty of Denton Fleet for the Water Eng~neenng Dep~ment Acqu~s~Uon of th~s vehicle was approved m the 2000-2001-budget process RECOM~ATION: We reco~end the b~d be awarded the lowest responsible b~dder, James Woods AutoPmk Inc, of Denton, under the 3% Local Preference ~g~slat~on as outhned ~n the Sectton 271 905 of the Local Government Code ITEM g 1 - S~AN V2 TON - QTY (1) A ~e J~on Ford $26,123 00 Ford / Expedition B Jmes Woods $26,486 75 $25,692 14 Chevy / Suburban C Village Ford $27,794 00 Ford / Excursion See Attachment 2 PRINCIPAL PLACE OF BUSINESS: Jmes Woods AutoP~k Inc, Denton, TX ESTIMATED SCHEDULE OF PRO,[ECT: The umt IC~ be delivered w~n 45 - 90 days after receipt of ~ order or approximately first week m July 2001 Agenda Information Sheet April 3, 2001 Page 2 FISCAL INFORMATION: The acqmsltlon of this one 1/2 Ton Utlhty Vehicle w~ll be funded from Water Engtneenng Account (620-081-0463-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Letter from James Woods AutoPark Inc, dated March 28, 2001 1553 Agenda ATTACHMENT 1 TABULATION SHEET BID 2658 Date 3/15/01 SUBURBAN, 1/2 TON No Qt~ I DESCRIPTION VENDOR VENDOR VENDOR LEE JARMON FORD JAMES WOOD VILLAGE FORD Pnnc~ple Place of Bus,ness CARROLLTON DENTON LEWISVILLE 1 1 TOTAL BASE BID $26,123 00 $26,486 75 $27,794 00 MAKE FORD CHEVY FORD MODEL EXPEDITION SUBURBAN EXCURSION DELIVERY 60-120 DAYS 60-75 DAYS 45-90 DAYS NET 7 DAYS NET 30 DAYS NET 10 DAYS 03/28/2001 WED 17 37 FAX JA~/ES WOOD AUTOPARK {~001/001 ATTACHMENT 2 JAMES AUTO ARK mc. 3g06 1-25 ~ ~Bouth -- P 0 Box 50779 Denton, Texas 70~OO r March ~8, 2001 Mr. Tom Shaw Purchasing Agent City of Denton In support of our bid request, listed below is a llsz of Just a few of the things James Wood AutoPark contributes to as a way of showing our community involvement' $10,000 + as contributions to local youth sports teams, high school involvement and support of the many local c~wc clubs and organizations. r $10,192 last year's purchases at the Denton Youth Fair. $38,503 City of Denton property taxes. Wc would nut be expanding nur current facility from 18 acres to 43 without the confidence we have in Denton and Denton County's future. This will make us one of the largest GM Dealerships in the Metroplex area with over ?-50 employees - most of which arc residents of Denton or Denton County. Thank you for the opportunity to bid on this vehicle. If you have any questions, please de not hesitate to call. Sales Manager 940-591-9663 - 972-434-1515 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ONE (1) 1/2 TON UTILITY VEFIICLE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2658 - 1/2 TON UTILITY VEttlCLE AWARDED TO JAMES WOODS AUTOPARK INC, IN THE TOTAL AMOUNT $26,486 75) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" subtmtted therefore, and WHEREAS, Section 271 905 of the Local Government Code allows the City to award a contract to a bidder having its pnnclpal place of business in the City if its bid is within three per cent of the lowest bid price received from a nonresident bidder if the governing body detenmnes in writing, that the local bidder offers the City the best combination of price and additional econormc development opportunities for the City created by the contract award, including the employment of residents of the City and increased tax revenues to the City, and WHEREAS, the City Manager or a designated employee has reviewed the herein described bids for the materials, equipment, supphes or services as shown m the "Bid Proposals" subrmtted therefore and represents to the City Council that the herein described local bidder's bid is within three per cent of lowest bid price received from a nonresident bidder, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of materials, eqmpment or supphes, as described in the "Bid Invitations" "Bid Proposals" or plans and specifications on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items and The City Council hereby determines that the vendor set forth below for the purchase, has its pnnclpal place of business in the City of Denton, Texas, its bid is within three per cent of the lowest bid price received from a nonresident bidder and such local bidder offers the City the best combination of price and additional econonuc development opportunities for the City created by this contract award BID NUMBER VENDOR AMOUNT 2658 James Woods Autopark, Inc $26,486 75 SECTION 1I That by the acceptance and approval of the above numbered ,terns of the subn~tted b~ds, the C~ty accepts the offer of the persons subrmtt~ng the b~ds for such ~tems and agrees to purchase the materials, eqmpment, supphes or serwces ~n accordance w~th the terms, spemficatmns, standards, quantmes and for the specified sums contmned ~n the B~d lnwtatmns, B,d Proposals, and related documents SECTION [[I That should the C~ty and persons subnutt~ng approved and accepted ~tems and of the subrmtted btds w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Manager or h~s designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract ~s m accordance w~th the terms, concht~ons, spec,hcatmns, standards, quantities and specified sums contmned ~n the B~d Proposal and related documents heretn approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the subrmtted b~ds, the C~ty Council hereby authorizes the expenrhture of funds therefor ~n the amount and ~n accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s orchnance shall become effective munedmtely upon ~ts passage and approval PASSED AND APPROVED ttus day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 3% Local Pref*renee Ordaaance 2001 Suburban B~d 2658 Agenda No ~/-~ Agenda Ite~. . Date_ ~/ z/ / :d~,JO J AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 Questions concermng th~s acquisition may be d~rected DEPARTMENT: Materials Management to Janet S~mpson 349-8274 ACM Kathy DuBose, F~scal and Mumc~pal Serv~cos'if~ SUBJECT: An Ordinance of the C~ty of Denton, Texas, approving an agreement between the C~ty of Denton Parks and Recreation Department and the North Texas Umpire Association, approwng thc expenditure of funds for the purchase of certified softball officiating serwces avmlable from only one source m accordance w~th provis~ons of State Law exempting such purchases from requirements of compet~ttve b~ds, and providing an effective date (PC 13588 - North Texas Umpire Association m the amount of $40 00 per game for an estimated award expenditure of $44,000) AGREEMENT INFORMATION: Th~s agreement between the C~ty of Denton and the North Texas Umpire Association ~s to supply officiating serwces for the Adult Slow-Pitch Spnng and Fall Seasons for Men, Coed and Women ASA softball games The American Softball Association (ASA) regional office has been contacted to solicit alternate sources of certd~ed softball officials The other organizations have been contacted and are unavailable to participate ~n the officiating duties for the Denton program The North Texas Umpire Assoc~atlon ~s the sole source for ASA certified softball umpires avmlable for the C~ty of Denton RECOMMENDATION: We recommend th~s agreement be approved in the amount of $40 per game m the approximate total amot~nt of $44,000 PRINICPAL PLACE OF BUSINESS'. North Texas Umpire Association Denton, TX ESTIMATED SCHEDULE OF PROJECT: Th~s agreement w~ll remain ~n effect through December 15, 2001 Agenda Information Sheet Apnl 3, 2001 Page 2 FISCAL ~NFORMATION. Funding m the amount of $44,000 is available for approximately 1,100 games from 2000/2001- budget account (261-031-0062-R008-8502) Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhasmg Agent Attachment 1 Purchase Order 13588 to North Texas Umpire Assocmt~on Attachment 2 Memorandum from Knst~e Weaver dated January 30, 2001 1556 AGENDA ATTACHMENT 1 o o o o o o o o o ~ ~00 ~o ~ ATTACHMENT 2 MEMO TO FILES FROM KRISTIE WEAVER, ATHLETIC/AQUATIC COORDINATOR DATE January 30, 2001 RE NTUA AGREEMENT The city of Dantun Parks and Recreatmn Department will be coordinating an Adult Softball Program this year As part oftlus program, we will be registering the teams w~th ASA and using ASA roles One of ASA's reqmrements is that umpires go through training and be registered and certified by ASA Umpire assomations are local groups that have enough umpires to prowde service for the urumedlate area They do not travel around the area to provide servmes outrode their city If groups do travel to other c~t~es, which they do for regional or state tournaments, the cost per game m hlghar to cover nuleage and tmae There m a Collm County Assoemt~un and a Lewmvflle/Flower Mound AssocmUon I have talked w~th representatxves from each of those groups and nmther one m interested m prowdmg umpire servmes for us thru year I have also spoken w~th the District Commasmoner, Teddy Gtbbs, and he reformed me that I would be unable to f'md an assocmt~un m the Metroplex who would be willing to travel to Denton for league play due to prior comrratments m thenr own community The North Texas Umptre Assocmtmn has been estabhshed m Denton since the rind- 1970's Thru Assocmtaon m the only ASA certffied umpire assocmt~on m the Denton area Becanse they are the only ASA ce~fied group m the area, they are the only source avatlable to meet the C~ty's contract specfficat~ons CC Ed Syader, Legal Department Cathy Avery, Program Area Manager ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION, APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE 1N ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only avmlable from one source, including items that are only available from one source because of patents, copyrights, secret processes or natural monopohes, films, manuscripts or books, electricity, gas, water, and other utlhty purchases, captive replacement parts or components for eqmpment, and hbrary rnatenals for a pubhc hbrary that are available only from the persons holchng exclusive d~stnbut~on rights to the materials and need not be submitted to competmve b~ds, and WHEREAS, the City Cotmcfl w~shes to procure one or more of the items mentioned m the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager or Ins designee as hereby authorized to execute an agreement for eemfied softball offimatmg services between the City of Denton and the North Texas Umpire Association m substantially the form of the agreement whtch as attached to and made a part of tins ordinance for all purposes SECTION 2 Tins ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY '~~7~ AGREEMENT BETWEEN CITY OF DENTON AND NORTH TEXAS UMPIRE ASSOCIATION The City (Df Denton, Texas (hereinafter "CITY") of Denton, Texas and the North Texas Umpire Association (hereinafter "NTUA") enter ~nto the following Agreement 1 CONTEST A) The NTUA agrees to officiate the 2001 Adult Slow-P~tch Seasons for Men, Coed, and Women ASA softball games that are scheduled by CITY at North Lakes Softball Complex, Denton, Texas B) CITY will provide NTUA w~th a schedule of games depicting leagues and their field asmgnments for the season NTUA wdl receive tNs ~nformat~on at least two (2) weeks before the season begins CITY w~ll also prowde NTUA w~th the league's current rules and regulations that are modified from the current Amateur Softball Association (ASA) rules C) NTUA wdl schedule officials so that the abd~ty level of the official w~ll match or exceed the level of league play on each field NTUA will prowde up to two (2) u~p~res and one (1) scorekeeper for each game (1) Optimally, each field wdl have two (2) umpires, but when that is not possible, NTUA w~ll ~nsure that the official working alone wdl be a quahfied umpire 2) The Umpire-In-Charge (UIC) scheduled for each n~ght wdl ensure that the officials assigned to each field are capable of working that partmular level of play 2 PAYMENT A In conmderatlon of such services, the CITY w~ll pay NTUA a total of $40 00 per game B Payment Determination Both parties wdl determine the payment to be the calculated number of games scheduled for each particular league times the rate of $40 O0 per game CSchedule of Payment 1) Imtml Payment CITY wdl make an Imt~al payment ~n the amount of one-half (1/2) of the total expected amount for estimated services no later than 7 days before the first game of each season 2) F~nal Payment CITY will make the final estimated amount owed to the NTUA on or before 14 days after the first scheduled game D If NTUA prowdes only one official for a game, then CITY will be credited $ for each game that has one official working alone Th~s credit can be used during the current season or during the next season 3 OFFICIALS NTUA represents officials that are, or w~ll be by the date of the contest, a duly registered umpire who is a member ~n good standing of the ASA 4 INTERPRETATION ASA Rules and CITY Softball Rules shall govern play and settle rule dmputes AGREEMENT BETWEEN CITY OF DENTON AND NORTH TEXAS UMPIRE ASSOCIATION A If CITY offers a "coaches meeting", NTUA recommends that the execuWe committee be notified of the date, t~me, and place of the coaches meeting We would hke to explain new rules, game procedures to the new coaches, and dtscuss how on-field d~sagreements wdl be handled 5 VOIDING OF AGREEMENT Th~s agreement shall become null and votd upon the demise of e~ther orgamzat~on Th~s agreement may be canceled at any t~me by the mutual written consent of both part,es upon 30 days written not~ce Th~s agreement ~s vo~d ~f e~ther party cannot comply w~th ~ts terms 6 NOTIFICATION/SCHEDULE CHANGES All notifications concerning the prows~ons of the document or of schedule changes shall be ~n writing to the below address All game changes wdl be g~ven to NTUA Assignor 24 hours prior to the change If notification is not g~ven ~n th~s bmely manner, an_ additional administration fee wdl be charged to CITY A If Initial notification ~s by phone, then a written confirmation shall thereafter be sent wdhln seven (7) days 7 INDEMNITY NTUA agrees to indemmfy, defend and hold harmless, CITY and their employees and officers from and against any and all claims or acbons for ~n.lunes or damages, ~ncludmg death, arising out of NTUA's performance under th~s agreement, ~ncludmg the neCgent acts or om~ss~ons of the umpires provtded for under th~s agreement and any claims or actions made or brought by an umpire 8 ACCEPTANCE Th~s agreement ~s vo~d ~f not s~gned by Athletic Coordinator and another representative from CITY and two (2) board members from NTUA on or before May I , 2001 C~ty of Denton North Texas Umpire Association Date Date Name Title Name T~tle Date Date Name T~tle Name Title City of Denton Parks and Recreation Department North Texas Umpire Association 524 N Locust, State A 349-8523 Denton, TX 76201 349-8384 fax % ~,B ~'7~ ,, ./ 898-1561 ~ ~\WO~' ~..-~"~..~/ /7 380-9235 fax AGENDA INFORMATION SHEET t)ate_~-~ / AGENDA DATE' April 3, 2001 Questions concermng tlns acqmsmon may be directed DEPARTMENT' Materials Management to Sharon Mays 349-8487 ACM Kathy DuBose, F~scal and Mummpal Serv]ces--~ SUBJECT: An Orchnance authorizing the C~ty Manager to execute a Professmnal Services Agreement (PSA) with the f'n-m of Burns & McDonnell Engineering Company, [nc to provide professmnal services for engmeenng and related servxces pertaining to approved electrical power system projects for Denton Mtm~mpal Electric set forth in tlns contract, authonzmg the expenditure of funds therefore, and providing an effective date (PSA 2668 - Engxneermg and related Services pertannng to approved Electrical Power System Projects awarded to Burns & McDonnell Enguneermg Company, [nc, m the not to exceed amount of $120,000) PSA INFORMATION. The approved 2001 CIP contained projects that w~ll reqmre transnnssmn system protectmn and control designs for 13 stations The terms "system protection" and "control" refer to the hardware that momtors transnussmn and dlstnbutmn power hnes to sense when faults occur and cause appropriate c~rcmt breakers to operate to ~solate the problem area Included m tins are the controls that make ~t possible to manually operate c~rcmt breakers and switches Protectmn and control designs will be reqmred for all new stations and for modfficatmns to systems m six existing statmns Bach mrcmt breaker m a station must have ~ts own set of controls and protective relays appropriate to that breaker's particular function ~n the protective scheme Protective relays are the sensing dewces that determine when an abnormal cond~tmn exists and ]mt]ates control actmns to open its assocmted c~rcult breaker or breakers Designs w~ll be reqmred for at least 24 transmlssmn hne c~rcmt breakers and e~ght bus t~e or transformer c~rcmt breakers The exact number of transmlssmn breakers for winch designs will be necessary will be determined by the bus configuratmns chosen for the new Iron Horse Interchange and Substatmn, for Denton West, for Denton North, and what ~s discovered to be necessary for interfacing reqmred new relay eqmpment with ex~stmg protective schemes The designs for at least ten statmns must be completed w~tinn the next 12 months to meet construction targets Winle the goal of our engineering group is to become more self-sufficient, the m-house staff cannot perform the needed work w~th~n the reqmred t~me frame Adthtlonally, there are several technical relay system ~ssues that w~ll require the assistance of a knowledgeable outside consultant There are four primary areas where assistance will be necessary These are mtegratlon of new digital nnpedance relay eqmpment w~th ex~stmg discrete eqmpment for the backup relaying, replacement of power line career eqmpment w~th fiber optm equipment for end-to-end relay communication, transmmsmn ring bus reclosmg control, and preparatmn of relay settmg data W~thout tryang to explain what these ~tems are, suffice ~t to say that transnussmn relayang can be exceptionally complex and expensive At the transmission level, fmlure to operate properly can cause extensive outages It ~s ~mperat~ve that the designs be accurate and be coordinated system-w~de to ach]eve predictive results Assistance w~ll be necessary to accomphsh tins Agenda Information Sheet April 3, 2001 Page 2 PSA INFORMATION (CONTINUED)' Contracts for professional services, by law, cannot be competitively bid A firm must be selected and then a price determined jointly DME has selected Bums & McDonnell Not all consultants offer services for system protection and control demgn Bums & McDonnell does possess the capability to perform all types of system protection and control design, and they have extensive experience m all aspects of system protection in utility industry In 2000, DME retained Bums & McDonnell to perform a Innlted scope evaluation of the existing protection eqmpment, methods, commumcatlon, and device settings for transmission and distribution stations The scope of work also called for the consultant to make recommendations for the types of protection that will be needed for the projects contained m the CIP and for replacement of existing transmission relays that are over 35 years of age Ail that remans of this evaluation is exarmnatlon of some relay settings and the formal report Choosing a proper design for Denton's transmission system, would require an evaluation of a similar scope to what Bums & McDonnell has done to allow the designer to become fannhar with the existing system There is an advantage in that Bums & McDonnell actually performed the previous study and can nurne&ately move into the design with no hablhty concerns One contract for less than $25,000 has already been entered into for the design of the Teasley Substation transrmsmon relaying and control The design for Teasley will require that mo&ficatlons be made m both the Spencer Interchange and West Denton Tlus project is under construction at this time and is planned for completion ttus year Bums & McDonnell was chosen for the onglnal study because of past pomtlve experiences with the finn and because they had the greatest amount of experience Three other englneenng firms were reviewed SGS Witter could participate but did not have as much experience, and there was concern on their part with the workload DME has a contract with SGS Witter for substation and transmission line design They did not think it realistic to add relay and control to their workload as a primary effort Freese & Nichols does mostly industrial work The experience presented by Power Engineers was not as good as Bums & McDonnell The costs incurred under this contract will be cap~tahzed as a part of each project for which design work is necessary The costs attributable to transmission will be recovered from other transmission users as a part of the PUC Transmission Cost of Service (TCOS) process It is expected that all of the cost for this contract will be transmission cost PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS) This was presented and approved to Pubic Utility Board (PUB) on March 19, 2001 RECOMMENDATION' We recommend this Profesmonal Services Agreement (PSA 2668) with Bums & McDonnell in an amount not to exceed $120,000 Agenda Ln. format~on Sheet April 3, 2001 Page 3 PRINCIPAL PLACE OF BUSINESS. Bums & McDonnell Kansas City, MO ESTIMATED SCHEDULE OF PROJECT Constmctmn of the assomated CI? projects will extend ~nto 2003 FISCAL INFORMATION. Funding for tins project w~ll come from Ut~htxes Account (656-080-RB01-3620-8550) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10626 to Bums & McDonnell Attachment 2 Transm~ssmn and Substatmn Project Map & Summary 1550 Agenda ATTACHMENT 2 Transmlss~on And Substation ProJect Map and Summaw CITY OF DENTON SUBSTATIONS & TRANSMISSION N Transmlss~on and Substation Project Summary March 12, 2001 ProJects l~sted below are keyed to numbers on the map on the preceding page Spencer Minn. Install new control bmldmg and install new relays and controls for all devices not a part of the power plant giB Spencer Interchange' Replace relaying to support installation of new 138kV substations (indusmal, Teasley, Fort Worth Dnve) and to support replacement of relays m Spencer Mmn Locust Substation Replace hne relays for the Spencer - Locust transmission line g3A Iron Horse Interchange Construct new 150 MVA, 138kV - 69kV interchange g3B Iron Horse Substation' Construct new 25 MVA, 138kV - 13 2kV substatmn g4 Denton West Interchange - Iron Horse Interchange Construct approxmaately 4 62 nules of 138KV transm~ssmn g5 Iron Horse Interchange - Hickory Substation Construct approximately 2 0 miles of 69KV transmlssmn g6 Teasley Substation Construct new 25 MVA, 138kV - 13 2kV substation g7 Woodrow Substation. Construct new 50 MVA, 138kV - 13 2kV substatmn #8 Industrial Substation. Construct new 50 MVA, 138kV - 13 2kV substation #9 Fort Worth Drove Substation. Construct new 25 MVA, 138kV - 13 2kV substatmn gl0 Denton North Substation' Construct new 25 MVA, 138kV - 13 2kV substatmn add~tmn to Denton North Interchange gl 1 I~ngs Row Substation Replace line relays for the Spencer - IQngs Row transmlss~on hne gl2 Hickory Substation' Construct new 69kV bay for new tranmss~on hne and install line relaying gl 3 Denton West Interchange. Construct new 138kV bay for new mrcult to Iron Horse Interchange Replace relaying for the Denton West Interchange - Spencer Interchange line to support mstallatmn of the Teasley and Fort Worth substations ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURNS & MCDON-NELL ENGINEERING COMPANY, INC FOR ENGINEERING AND RELATED SERVICES PERTAINING TO APPROVED ELECTRICAL POWER SYSTEM PROJECTS FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Council deems at an the pubhc ~nterest to engage the firm of Bums & McDonnell Engmeenng Company, Inc, a M~ssoun Corporanon, of Kansas Caty, _Massoun ("B&M"), to prowde professional enganeenng and related servaees pertaining to approved electncal power system projects for Denton Mumeapal Electric, and WHEREAS, the City staff has reported to the C~ty Council that there ~s a substanttal need for the above-described professaonal servaces, and that hrmted C~ty staff cannot adequately perform the servaees and tasks with ars own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Servaces Proeuremant Act", generally provades that a C~ty may not select a provader of professional services on the basis of ¢ompetmve bids, but must select the prowder on the bas~s of demonstrated competence, knowledge, and quahficat~ons, and for a fair and reasonable price, and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropriation of funds to be used for the purchase of the professmnal services, as set forth m the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager ~s hereby authorized to execute a Professional Servaces Agreement wath Bums & McDonnell Engmeenng Company, Inc, of Kansas C~ty, Massoun, for professional engmeenng and related services perta~mng to approved electrical power system projects for Denton Mummpal Electric, m substantaatly the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of thas Agreement by the C,ty as on the barns of the demonstrated competence, knowledge, and quahficatmns of B&M and the ability of B&M to perform the professional servaees needed by the Caty for a fair and reasonable price SECTION 3 That the expendature of funds as provided an the attached Professmnal Servaces Agreement as hereby anthonzed St~CTION 4 That th~s ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S ',Our Documonts\Ord~nancos\01\Bums & McDonnell Engmeenng Co PSA DME doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES AND RELATED SERVICES PERTAINING TO APPROVED ELECTRICAL POWER SYSTEM PROJECTS FOR DENTON MUNICIPAL ELECTRIC THIS AGREEMENT is made and entered into on the day of ~ 2001, by and between the City of Denton, Texas, a Texas Mummpal Corporation, with its pnnmpal office at 215 East McKmney Street, Denton, Texas 76201 (hereinafter "OWNER"), and Burns & McDonnell Engmeenng Company, Inc, a Missouri Corporation, with its offices at 9400 Ward Parkway, Kansas City, Missouri 64114-3319 (heremafter "CONSULTANT"), the parties acting herein, by and through their respective duly-authorized representatives and officers WITNESSETH, that m consideration of the covenants and agreements hereto contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein xn connectaon with the Project as stated in the Articles to follow, with dahgence and m accordance with the professional standards customarily obtmned for such services m the State of Texas The professional sermces set forth herein are m connectmn with the following described project (the "ProJect") Professional engmeenng and other related services pertalmng to electrical power system relay protection and conU'ol design support for approved Capital Improvement Projects for a one-year term on a non-excluswe, as-needed basis, as requested by Denton Mummpal Elecmc ("DME") ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following basic serwces in a professional manner A CONSULTANT shall perform all those servaces as are necessary and as described m the letter fzom Steve Coleman, P E, ProJect Manager, T & D Division of CONSULTANT to Chuck Sears, Engmeermg Admnnstrator, DME, dated February 5, 2001 wbach constitutes a proposal to the City of Denton and wtuch is attached as Extnblt "A" and is incorporated herewith by reference B If there is any confhct that arises between the terms of this Agreement and the Extnblt attached to ttus Agreement, then the terms and condatlons of ttus Agreement shall control over the terms and conditions of the attached Exl~bat ARTICLE III OPINIONS OF PROBABLE COSTS Op~mons of probable costs prepared by CONSULTANT relatmg to construction costs and schedules, operataon and mmntenance costs, equipment charactenstacs and performance, and operating results are based on CONSULTANT'S experience, quahficat~ons and judgment as a design professmnal Smce CONSULTANT has no control over weather, cost and avmlab~hty of labor, material and eqmpment, labor productlmty, construction contractor's procedures and methods, unavmdable delays, construction contractor's method of deterrmmng prices, economic conditions, competatave bidding or market conchtmns and other factors affectmg such oplmons of probable cost, CONSULTANT does not guarantee that actual rates, costs, performance, schedules, etc, w~ll not vary from opmaons of probable costs prepared by CONSULTANT ARTICLE IV ADDITIONAL SERVICES Any additional sermces to be performed by the CONSULTANT, if authonzed by the OWNER, wtuch are not ~ncluded as Basic Services in the above-described Scope of Services, set forth as provaded by Amcle E heremabove, shall be later agreed-upon by OWNER and CONSULTANT, who shall determme, ~n writing, the scope of such adchtlonal services, the mount of compensation for such adthtlonal serrates, and other essential terms pertmmng to the prowslon of such adchtaonal service by the CONSULTANT ARTICLE V PERIOD OF SERVICE A Ttus Agreement prowdes for a one-year term Tlus Agreement shall become effective upon ~ts execution by the OWNER and the CONSULTANT, and services shall be provided hereunder upon the ~ssuance of a not~ce to proceed by the OWNER Tbas Agreement shall remain m force for the period that may reasonably be required for the completion of the ProJect activities, mcludmg Adchtmnal Services, if any, and any reqmred extensions approved by the OWNER Tbas Agreement may be sooner terminated m accordance with the provisions hereof Tune ~s a material cons~deratmn of tlus Agreement CONSULTANT shall make all reasonable efforts to complete the servmes set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through ~ts Director of Electric Uttht~es or her designee CONSULTANT and OWNER further agree that the terms of tl~s Agreement may be extended by OWNER for an adtht~onal one-year term upon the completion of the term of flus Agreement at CONSULTANT'S then prevalhng year 2001 standard billing rates charged to mummpal governments, by a written amendment to thas Agreement approved by the duly-authorized officers and representatives of the OWNER and CONSULTANT ARTICLE VI COMPENSATION A COMPENSATION TERMS 1 "Direct Non-Labor Expense" ~s defined as that expense [other than "per daem" expense], based upon actual cost plus 10%, for any out-of-pocket expense reasonably recurred by the CONSULTANT related to ~ts performance of tins Agreement for long thstance telephone charges, telecopy charges, messenger services, pnntmg and reproductmn expenses, out-of-pocket expenses for purchased computer tame, prudently recurred travel expenses related to the work on the ProJect, and samalar anc~dental expenses ~ncurred m connection w~th the ProJect B BILLING AND PAYMENT For and m cons~derataon of the professional servmes to be performed by the CONSULTANT hereto, the OWNER agrees to pay CONSULTANT, based upon the satasfactory completion of the Basle Serrates tasks set forth m the Scope of Servmes as shown ~n Artmle II above, as follows 1 CONSULTANT shall perform ~ts work on tins ProJect on an hourly fee bas~s, plus reambursement for all reasonably recurred out-of-pocket expenses, Inlled monthly CONSULTANT shall bill from ttme sheets, an mammum one half (1/2) hour ancrements of tame, at the rates set forth m CONSULTANT'S "Proposal to Caty of Denton" a four (4) page document, dated February 5, 2001, from CONSULTANT to OWNER respectang the scope of serrates and the compensataon and expense price structure, winch ~s attached hereto as Exhlb~t "A" and winch ~s incorporated herewith by reference OWNER shall pay to CONSULTANT for ats professaonal servmes performed, and for ats out-of pocket expenses recurred m the Project, a total mount not to exceed $120,000 00 2 Partml payments to the CONSULTANT wall be made monthly based on the percent of actual completmn of the Bas~c Sermces, rendered to and approved by the OWNER through ats D~rector of Electric Utahtles or her designee However, under no mrcumstances shall any monthly statement for serwces exceed the value of the work performed at the t~me a statement is rendered 3 Notinng contained m tins Artacle shall reqmm the OWNER to pay for any work that ~s not subrmtted m comphance w~th the terms of tins Agreement OWNER shall not be reqmred to make any payments to CONSULTANT at any tame when CONSULTANT as ~n default under tins Agreement 4 It as specffically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to tins Agreement Much would reqmre add~taenal payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, wathout first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later prowded for under Artmle IV "Addataonal Services" w~thout first obtmmng prior written authorization from the OWNER C ADDITIONAL SERVICES For addltlonal services authorized ~n writing by the OWNER m Amcle IV heremabove, CONSLTLTANT shall be prod based on a to-be-agreed-upon Schedule of Charges Payments for adcht~onal servxces shall be due and payable upon subnllSSlOn by the CONSLTLTANT, and shall be in accordance wath Article VI B heremabove Statements for Basic Services and any Additional Services shall be submitted to OWNER no more fi'equently than once monthly D PAYMENT If the OWNER falls to make payments due the CONSULTANT for services and expenses watinn forty-five (45) days after receipt of the CONSULTANT's undisputed statement thereof, the mounts due the CONSULTANT wall be increased by the rate of one percent (1%) per month from and after the smd forty-fifth (45th) day, and ~n add~tlon, thereafter, the CONSULTANT may, after g~vmg ten (10) days written notice to the OWNER, suspend services under tlus Agreement until the CONSULTANT has been prod ~n full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, notinng herein shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth herem, if the OWNER reasonably determmes that the CONSULTANT's work is not submitted ~n accordance wath the terms of tins Agreement, m accordance wath Amcle VI B of tins Agreement, and OWNER has notified CONSULTANT of that fact m wntmg E MODIFICATION OF SERVICES In the event and to the extent that an act or onnss~on of OWNER, or any error or change m OWNER-prowded reformation, or change m law, or event of force majeure affects the services or increases CONSULTANT'S costs, CONSULTANT shall be enUtled to a change to the sermces and an equitable adjustment ~n the compensation, as appropriate CONSULTANT shall propose such changes ~n services and any eqmtable adjustment m compensation m writing, and OWNER shall accept or d~spute such proposal m writing watlun fifteen days of receipt of CONSULTANT'S proposal ARTICLE VII OBSERVATION AND REVIEW OF THE WORK The CONSULTANT wall exercise reasonable care and due chhgence m dlscovenng and promptly reporting to the OWNER any defects or defic~enmes in the work of CONSULTANT ARTICLE VIII OWNERSHIP OF DOCLrlvIENTS All ongmal documents prepared or furmshed by the CONSULTANT pursuant to tins Agreement are instruments of service and shall become the property of the OWNER upon the ternunatmn of tins Agreement The CONSULTANT ~s entitled to retmn cop~es of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be applicable to tins project and OWNER's use of these documents an other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specffied hereto any of the ~nformatlon or matenals developed pursuant to this agreement, CONSULTANT ~s released from any and all habdlty relating to their use m that project ARTICLE IX INDEPENDENT CONTRACTOR CONSULTANT shall provide sermces to OWNER as an mdependent contractor, not as an employee of the OWNER CONSULTANT shall not have or clatm any right arising fi:om employee status ARTICLE X INDEMNITY AGREEMENT A The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees fi:om and against any and all liability, claims, demands, damages, losses and expenses, including but not lmuted to court costs and reasonable attomey fees recurred by the OWNER, and lncluchng without limitation damages for bodily and personal mjury, death, or property damage, resultmg fi:om the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance oftlus Agreement B Notlung m tlus Agreement shall be construed to create a habthty to any person who is not a party to tlus Agreement and nothing herem shall waive any of the party's defenses, both at law or equity, to any clann, cause of action or httgatlon filed by anyone not a party to ttus Agreement, including the defense of governmental munumty, wluch defenses are hereby expressly reserved C Provided however, m no event shall CONSULTANT'S total habthty under tins Agreement in the aggregate, exceed $1,000,000 D In no event will CONSULTANT be hable for any special, redirect or consequential damages mcludmg, without hmltatlon, damages or losses m the nature of increased project costs, loss of revenue and profit, lost production, clatms by customers of OWNER, or governmental fines or penalties ARTICLE XI INSURANCE Dunng the performance of the Services under this Agreement, CONSULTANT shall mmntmn the following msurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Canners of at least an "A-" or above A Commercial General Liability Insurance with bodily injury lmalts of not less than $500,000 for each occurrence and not less than $500,000 m the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Llabthty Insurance with bodaly injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage hm~ts for not less than $100,000 for each accident C Worker's Compensation Insurance m accordance with statutory reqmrements, and Employer's Liability Insurance w~th hmlts of not less than $100,000 for each accident D Profe~slonal Liability Insurance and/or Errors & Omissions Insurance with hmlts of not less than $500,000 annual aggregate CONSULTANT shall furmsh insurance certificates to OWi~R to evidence such coverages The insurance certificates shall name the OWNER as an additional insured on all such pohcles, to the extent that is legally possible, and shall contmn a provision that such insurance shall not be cancelled or modified vathout tlurty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, pnor to the effective date of the change or cancellation of coverage, deliver copies of certificates, furmshmg at least the same policy hmlts and coverage, to OWNER ARTICLE XII ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may a~ree to settle any disputes under tins Agreement by subnuttlng the dispute to arbitration or other means of alternate dispute resolution such as medlahon No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XIII TERMINATION OF AGREEMENT A Notwithstanding any other prowslon of tlus Agreement, either party may terminate th~s Agreement by providing thirty (30) days advance wntten notice to the other party B Ttus Agreement may alternatively be terminated in whole or in part in the event of either part), substantially fmlmg to fulfill its obhgations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by cemfied mall, return receipt requested) of intent to terminate and setUng forth the reasons speclf~ng the nonperformance or other reason(s), and not less than tlurty (30) calendar days to cure the failure, and (2) an opporturnty for consultation with the ternunatmg party pnor to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall numedlately cease all services upon receipt of the wntten notice of termination fi.om OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of ternunatlon The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reunbursable expenses prior to notice of ternnnatlon being received by CONSULTANT, m accordance with Article VI of tins Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing reformation to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable tnne to transition and to mm over the Project to a new consultant CONSULTANT shall turn over all documents prepared or funushed by CONSULTANT pursuant to tlus Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and hablhty of the CONSULTANT, its officers, employees, or agents, for the accuracy and competency of their work performed pursuant to tins Agreement, nor shall such approval by the OWI~R be deemed as an assumption of such responsibility by the OWNER for any defect m the work prepared by the CONSULTANT, its pnnmpals, officers, employees, and agents ARTICLE XV NOTICES All notices, commumcatlons, and reports required or permitted under tins Agreement shall be personally dehvered to, or telecopled to, or ma~led to the respective parties by deposltmg same in the Umted States mml at the addresses shown below, postage prepaid, certified mml, return receipt requested, unless otherwise specified herem To CONSULTANT To OWNER Bums & McDonnell City of Denton, Texas Steve Coleman, P E, Project Manager City Manager 9400 Ward Parkway 215 East MclQnney Kansas City, Missouri 64114-3319 Denton, Texas 76201 Fax (816) 333-3690 Fax (940) 349-8596 All notices promded under tins Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mmlmg of the notice, wluchever event shall first occur ARTICLE XVI ENTIRE AGREEMENT Tins Agreement consisting of eleven (11) pages and one (1) Exlublt constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, chscusslons, commumcations, understandmgs, and agreements winch may have been made in connection wlth the subject matter of tins Agreement ARTICLE XVII SEVERABILITY If any provision of tins Agreement ~s found or deemed by a court of competent j unsdlction to be ~nvahd or unenforceable, it shall be considered severable from the remainder of ttus Agreement, and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall reform tins Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable prowslon winch comes as close as possible to expressing the ongmal retentions of the paraes respecting any such slacken prowsmn ARTICLE XVEI COMPLIANCE WITH LAWS CONSULTANT shall comply w~th all federal, state, local laws, roles, regulatmns, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be mended ARTICLE XIX DISCRIMINATION PROHII3ITED In performing the servmes reqmred hereunder, CONSULTANT shall not chscnmmate against any person on the basis of race, color, rehgmn, sex, natmnal ongan or ancestry, age, or physical hanchcap ARTICLE XX PERSONNEL A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel required to perform all the servmes reqmred under tins Agreement Such personnel shall not be employees or officers of, nor have any contractual relatmns w~th the OWNER CONSULTANT shall ~mmed~ately reform the OWNER m writing of any conflmt of ~nterest or potantml conflmt of ~nterest that CONSULTANT may dmcover, or winch may arise dunng the t~'m of tins Agreement B OWNER requires that CONSULTANT carefully safeguard all documents, data, and reformation promded by OWNER to CONSULTANT incident to this engagement CONSULTANT recogmzes that such documents, data, and mformat~on, ~nvolve sensitive, compeUtlve msues, m some cases, confidennal ~nformatlon, and m some cases propnetary mformatmn, and the disclosure of such ~nformat~on by CONSULTANT to any tinrd party, w~thout the express written consent of OWNER, ~s expressly proinb~ted by OWNER, and would hkely cause economic loss and detriment to OWNER Any such unauthorized chsclosure of ~nformat~on by CONSULTANT shall constitute an act of default respecting tins Agreement CONSULTANT represents to OWNER that ~t will safeguard OWNER's mformat~on and will, upon OWNER'S reasonable request, prowde OWNER w~th CONSULTANT'S pohcms regarding ~ts procedures for ~dentlfy~ng conflicts of interest, and ~ts procedures and safeguards winch are ~n place winch would apply to CONSULTANT'S treatment and handling of OWNER'S documents, data, and ~nformatmn dunng t~s engagement C All servmes reqmred hereunder will be performed by CONSULTANT or under ~ts d~rect supervision All personnel engaged m performing the work provided for m tlus Agreement, shall be qualified, and shall be authorized and permitted under apphcable state and local laws to perform such services ARTICLE XXI ASSIGNABILITY The CONSULTANT shall not assign any interest ~n flus Agreement and shall not transfer any interest m tins Agreement (whether by ass~gnmant, novation or otherwuse) w~thout the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any matenal change m its corporate structure, ~ts location, and/or m ~ts operations .ARTICLE XXII MODIFICATION No watver or mod~ficatmn of ttus Agreement or of any covenant, concht~on, lnmtat~on here~n contained shall be vahd unless m wntmg and duly executed by the party to be charged therewith No evidence of any waiver or mochficatmn shall be offered or received ~n ewdence m any proceeding ansmg between the pames hereto out of or affecting flus Agreement, or the rights or obhgat~ons of the parties hereunder, unless such wtuver or mochficat~on ~s mwntmg, duly executed The pames further agree that the prows~ons of flus Article wall not be wmved unless as here~n set forth ARTICLE XXIII MISCELLANEOUS A CONSULTANT agrees that OWNER shall, untnl the exp~ratton of three (3) years after the final payment made by OWNER under flus Agreement, have access to and the right to examine any d~rectly pertinent books, documents, papers and records of the CONSULTANT ~nvolvlng transactions relating to tlus Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT fac~htles and shall be prowded adequate and appropnate working space ~n order to conduct exammatmns or auchts m comphance w~th flus Article OWNER shall gave CONSULTANT reasonable advance notice of all intended examinations or audits PROVIDED HOWEVER, that the bas~s of CONSULTANT'S fixed pnce, fixed hourly rates, or fixed salary mult~phers 0f apphcable) shall not be subject to audit B Venue of any stat or cause of action under flus Agreement shall he exclusively m Denton County, Texas Ttus Agreement shall be governed by and construed m accordance w~th the laws of the State of Texas C For purposes of tlus Agreement, the part,es agree that Steve Coleman, P E, of CONSULTANT, and ProJect Manager, T & D D~ws~on of the Kansas C~ty, M~ssoun office of CONSULTANT ("Coleman") shall serve as the ProJect Manager of CONSULTANT respecting tins engagement, shall develop the scope of services w~th OWNER'S designated employees, and shall oversee all engmeenng activities on the ProJect Tins Agreement has been entered into wath the understanding that Coleman shall serve as the CONSULTANT's ProJect Manager and will be a key person serving the OWNER on tins Project Any proposed changes requested by CONSULTANT, respecting Coleman sermng as the Project Manager on the ProJect, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably w~thhold Nothing hereto shall hnut CONSULTANT f~om using other quahfied and competent members of ~ts fn'm to perform the other services reqmred hereto, under its supermsaon or control D CONSULTANT shall commence, carry on, and complete ~ts work on the Project wath all appheable chspatch, and ~n a sound, economical, efficient manner, and m accordance w~th the engineering standards apphcable to the services, and the provas~ons hereof In accomphstung the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved ~s properly coordinated w~th related work being carned on by the OWNER E The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal all available mformataon pertinent to the Project, including prewous reports, any other data relattve to the Project and arranging for the access to, and make all prows~ons for the CONSULTANT to enter m or upon, pubhc and private property as requtred for the CONSULTANT to perform professional services under tbas Agreement OWNER and CONSULTANT agree that CONSULTANT ~s entitled to rely upon mformat~on furmshed to ~t by OWNER w~thout the need for further ~nqtury or investigation into such mformaUon F The captions of tlus Agreement are for mformat~onal ptuposes oniy and shall not ~n any way affect the substantive terms or concht~ons ofth~s Agreement 1N WITNESS WHEREOF, the C~ty of Denton, Texas has executed th~s Agreement m four (4) original counterparts, by and through ~ts duly authorized C~ty Manager, and CONSULTANT has executed ttus Agreement by and through its duly authorized undersigned officer, on tins the day of ., 2001 "CITY" CITY OF DENTON, TEXAS By Howard Mart~n, Acting C~ty Manager ATTEST JENN~ER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" BURNS & MCDONNELL ENGINEERING COMPANY, 1NC A M~ssoun Corporation By ATTEST By Secretary AGENDA INFORMATION SHEET AGENDA DATE. April 3, 2001 DEPARTMENT: Planning & Development _~ / CMfDCM/ACM: Dave Hill, SUBJECT Consider adoption of an ordinance authorizing thc Mayor to execute an agreement between the City of Denton and the State of Texas, acting through the Texas Department of Transportation to prowde for installation and fundang of certain traffic control devices at specified ~ntersectlons w~th~n the C~ty of Denton, authonzmg the expenditure of funds, and prowdlng for an effective date BACKGROUND The City of Denton and TXDOT typically execute agreements on all state projects that involve lnstallatxon of traffic signal eqtupment to coordinate the use of controllers, cabinets, conflict momtors, and other fixtures that are compatxble w~th the cxty's eomputerxzed closed loop traffic operation system The attached ordinance allows the City to buy the eqmpment to ensure eompatlbdlty, and TXDOT then reimburses the costs The ordmanee refers to an attached agreemem that conttuns the specific details The specific intersections where new sxgnal eqmpment wdl be installed include US 77 at 1 Windsor Drive, 2 FM 2164, 3 Elm Street at Connector A, 4 Sherman Drive, 5 Locust Street at Sherman Drive, and 6 IH 35E OPTIONS 1 Adopt the Drafted Ordinance 2 Decline the Drafted Ordinance 3 Postpone action and ask for further research RECOMMENDATION Staff recommends that Colln¢ll approve the ordinance as drafted This agreement is another componem &the US 77 project that is on a very short t~me hne to be let xn June of 2001 or be canceled ESTIMATED PROJECT SCHEDULE TXDOT is on schedule for a June of 2001 letting, and the project wall be underway this summer The signal mstallaUon wall occur near the end of the project, but the signal work detmls have to programmed m advance PRIOR ACTION/REVIEW Council has on numerous occasions been briefed regarding the status of US 77 design work or continuing efforts to secure necessary right-of-way for the project FISCAL INFORMATION The estimated cost for signal equipment reimbursement is $69,611 38 ATTACHMENTS Draft Ordinance Submltted Asst Director of Streets, Drmnage and Traffic-Utility Dept ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROViDE FOR INSTALLATION AND FUNDING OF CERTAIN TRAFFIC CONTROL DEVICES AT SPECIFIED INTERSECTIONS WITHIN THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or m her absence the Mayor ProTem, is hereby authorized to execute an Agreement between the City of Denton and the State of Texas, acting through the Texas Departmeat of Transportation to prowde for the installation and fundmg of certmn traffic control devices atlspeclfied mtersectlons within the City of Denton, in substantially the form of the copy of the agreement which is attached hereto and mcorporated by reference bm'em SECTION 2 The City Manager, or his designee, m authorized to make the expenchtures as set forth in the attached agreement SECTION 3 This ordinance shall become effective Lmmechately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROMED AS TO LEGAL FORM Contract No CSJ 0195-02-040 STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY THIS AGREEMENT, is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and the City of Dento~ , Denton County, Texas, hereinafter called the "City," acting by and through its duly authorized officers as evidenced by Resolution/Ordinance No , hereinafter acknowledged by reference WITNESSETH WHEREAS, the State owns and ~mntmns a system of highways and roadways, including US 77 ~n the City of Denton , and WHEREAS, the City has requested the State to reimburse the cost of furnishing and instalhng traffic signal equipment at the intersection(s) of US 77 at Windsor Dr, US 77 at FM 2164, Elm St at Connector A, 1R, lm St at Sherman Dr , Locust St at Sherman Dr and US 77 at IH 35 E , hereinafter called the "ProJect," and WHEREAS, the State and C~ty w~sh to cooperate in the constmcnon of th~s ProJect, and WHEREAS, the City desires that equipment be provided that ~s compatible with standard signal operation and/or ex~st~ng City eqmpment, and WHEREAS, ~t is m the best interest of the C~ty and the State for the C~ty to assist the State by furnishing and installing traffic s~gnal eqmpment on the Project, and FITSEM STATE2 8-00 DALLAS 1 of 8 WHEREAS, on th~s 20th day of January , 2000 , the Texas Transportation Commission passed lVhnute Order No 108310 , approwng the ProJect, and WHEREAS, the State ~s authorized to enter into an agreement with the City for the ProJect pursuant to Article 6673-b, V T C S, AGREEMENT NOW THEREFORE, m cons~deration of the prermses and of the mutual covenants and agreements of the partaes hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows ARTICLE 1. CONTRACT PERIOD Th~s agreement becomes effective on final executmn by the State and shall remain in effect as long as smd traffic signal equipment ~s in operataon at the described location and the signal project is incomplete, or unless otherwise terrmnated or mochfied as hereinafter provided ARTICLE 2. CONSTRUCTION RESPONSIBILITIES A For all items of construction other than furmsh~ng and installing specific traffic signal equipment, the State will prepare the construction plans, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction as reqmred by smd plans The State will secure the City's approval of construction plans prior to award of contract B The furnishing and installing of specific traffic signal equipment will be part of the construction to be undertaken by the City, and the State will reimburse the City for its contribution to the ProJect, as prescribed under Amcle 3, "Compensation" ARTICLE 3 COMPENSATION A The maximum amount under this agreement without modification is $_ 69 611 38 A cost estimate of the work authorized under this agreement is marked "Exhibit A," attached hereto and made a part of this agreement B The State will reimburse the City the cost of furnishing and installing the traffic signal equipment according to the location and manner of construction as shown and described in the FITSEM STATE2 8-00 DALLAS 2 of 8 plans and specfficataons C The State will m~mburse the City for properly supported costs ~ncurred under the terms and condmons of th~s agreement Costs ancurred prior to the issuance of a written "Work Order" by the State will not be reimbursed Reimbursement w~ll be made by the State to the C~ty for labor, eqmpment use, materials, supphes, travel expenses, and warehouse or material handhng charges prowded the C~ty has prod from City funds their obhgatlons covenng ~tems of costs prewously billed ARTICLE 4. PAYMENTS A. The City shall subrmt the State's Form 132, Bflhng Statement, or other type of mvmce acceptable to the State upon completmn of the Project and the State's acceptance thereof B An original and one (1) copy of the Billing Statement should be submitted to the following address Texas Department of Transportatmn Attn D~rector of Transportatmn Operatmns PO Box 133067, Dallas, TX 75313-3067 C All bflhng statements shall be properly documented, summarizing the costs by description of work performed, quantity of materials and devices, unit price, labor costs, and extensions D The State shall make payment to the C~ty w~thm thirty (30) days from receipt of the C~ty's request for payment, prowchng that the request ~s properly prepared, executed, and documented E Unsupported charges or charges after final acceptance by the State will not be considered ehgoble for reimbursement The State will prepare a final aucht upon completmn of the work authonzed or at any t~me an au(bt ~s deemed to be ~n the best ~nterest of the State ARTICLE 5. PERSONNEL, EQUIPMENT, AND MATERIAL A The C~ty will use labor and supervisory personnel employed directly by the C~ty, and use City-owned machinery, equipment, and vehicles necessary for the work In the event that the City does not have the necessary machinery, eqmpment, and vehicles necessary to perform the work, the machinery, eqmpment, and vehicles may be rented or leased as necessary at the low b~d price submitted by at least two approved b~dders FITSEM STATE2 8-00 DALLAS 3 of 8 B Reimbursement for the use of materials purchased by other than competitive bid procedures will be made only if such procedures are shown to be In the public interest and provided the State shall have given prior approval for the use of stud materials All materials used for the work shall be new and undepmciated ARTICLE 6. INSPECTION OF WORK A The State shall make suitable, frequent, and complete inspection of all materials and equipment, and the work of installation to determine and perrmt certlhcanon that the Project and its components meet all applicable requirements of the plans and speclhcatlons ~n suitable condition for operatmn and mtuntenance by the City after its completion B. The C~ty w~l] prowde oppo~tumtles, facfl~ties, and representative samples, as may be required, to enable the State to carry on statable, frequent, and complete inspection of all materials, and apphcatlon methods, sufficient to afford deterrmnatlon and certification by the State that all parts of the installation and the component materials comply with the reqmmments of the approved plans and speclficauons The State will promptly notify the City of any failure of materials, eqmpment, or installation methods, and the City will take such measures as necessary to obttun acceptable systems components and installation procedures without delay ARTICLE 7 TERMINATION A Thls agreement may be terrmnated by one of the following conditions (1) By mutual agreement and consent of both parties (2) By the State giving written notice to the City as a consequence of failure by the City to perform the services and obligations set forth m a satisfactory manner and within the hnuts provided, with proper allowances being made for circumstances beyond the control of the City (3)By either party, upon thirty (30) days written notice to the other If the agreement is terrmnated in accordance wtth the above provisions, the City will be responsible for the payment of Project costs incurred by the State on behalf of the City up to the time of terrmnatlon (4) Upon completion of the terms of this agreement FITSEM STATE2 8-00 DALLAS 4 of 8 B If, at any ume, the C~ty fails to assume the construction responslb~htles as prescribed hemm or the maintenance and operation mspons~blhues for the City's portmn of the traffic s~gnal eqmpment m a satisfactory manner as deternmned by the State, the State reserves the right to assume the construcuon responslblhtaes and/or to arrange for the maintenance and operatmn responsibilities at the expense of the C~ty C. The terrmnatlon of this agreement shall extlngmsh all rights, duties, obhgatlons and habiht~es of the State and City under this agreement If the potentml tenmnauon of th~s agreement ~s due to the fmlure of the City to fulfill ~ts contractual obhgatmns as set forth here~n, the State w~ll notify the City that possible breach of contract has occurred The City should make every effort to remedy the broach as outhned by the State w~th~n a period mutually agreed upon by both parties ARTICLE 8 INDEMNIFICATION The C~ty acknowledges that ~t ~s not an agent, servant or employee of the State and, thus, is responsible for ~ts own acts and deeds and for those of its agents or employees dunng the performance of the work defined in this agreement ARTICLE 9 REMEDIES Vmlatlon or breach of contract terms by the City shall be grounds for temunatmn of the agreement, and any increased cost arising from the City's default, breach of contract, or wolatmn of terms shall be prod by the City Th~s agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and m eqmty may be avmled of by either party and shall be cumulative ARTICLE 10. DISPUTES The governmental parties to th~s agreement w~ll make their best efforts to resolve any d~sputes between themselves m an effective and efficient manner and in the pubhc interest ARTICLE 11. SUBCONTRACTS Any subcontract for services rendered by md~viduals or orgamzatlons not a part of the City's orgamzatmn shall not be executed w~thout prior authonzatmn and approval of the subcontract by the State FITSEM STATE2 8-00 DALLAS 5 of 8 Subcontracts in excess of $25,000 shall contmn all required provisions of this contract No subcontract will relieve the City of ItS responsibility under this contract ARTICLE 12. AMENDMENTS Changes in the t, me frame, character, responsibilities, or obhgaUons authorized herein shall be enacted by written amendment Any amendment to this agreement must be executed by both parties ARTICLE 13. INSURANCE (Mark out the follow~ng paragraph that ~s not apphcable) ~om~!eted C_~:f'-c~-te cf L"-c"_r°--"-ce ,-rF-~-."m 20. !02, !~-test verscen) and s?_ll .~o,ntaln the ~nsurance · ~ .... 11 ............... o ..........j .................. J .....r ........................... o' B Self Insured Prior to the City perforrmng any work on this Project, the City shall furmsh to thc State a complete Certificate of Insurance (Form 20 102, latest version) and shall mamtmn ~ts self- insurance program in full force and effect as long as this Project lasts and the C~ty {s responsible for the furnishing, mstalhng, maintenance, and operation of the traffic signal equipment The State understands that the City is a self-insured entity for pubhc habihty purposes ARTICLE 14. SUCCESSORS AND ASSIGNS The C~ty shall not assign or otherw{se transfer its rights or obhgatmns under this agreement except with the prior written consent of the State ARTICLE 15 INSPECTION OF CITY'S BOOKS AND RECORDS The City shall mmntaln all hooks, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials avadable to the State, the Local Government, and, if federally funded, the Federal I-hghway Adnumstratlon (FH-WA), and the U S Office of the Inspector General, or their duly authorized representatives for rev;ew and mspectmn at ~ts office dunng the contract period and for four (4) FITSEM STATE2 8-00 DALLAS 6 of 8 years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved Adchtmnally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of malong audits, exarmnations, excerpts, and transcnpnons ARTICLE 16 LEGAL CONSTRUCTION In case any one or more of the provisions contmned in this agreement shall for any reason be held to be invalid, illegal, or unenforceable m any respect, such lnvahd~ty, illegality, or unenforceablhty shall not affect any other provision thereof and this agreement shall be construed as ~f such invalid, illegal, or unenforceable provision had never been contained herein ARTICLE 17. GOVERNING LAWS AND VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas Any legal actions regarding the partaes' obligations under this agreement must be filed in Travls County, Texas ARTICLE 18. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the pames hereto and supersedes any prior understandings or written or oral agreements between the partaes respecting the within subJeCt matter ARTICLE 19. SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented FITSEM STATE2 8-00 DALLAS 7 of 8 IN WITNESS WHEREOF, the State and the C~ty have mgned duphcate counterparts of the agreement CITY OF: DENTON By (&gnature) (Pnnted Name) (T~tle) (Date) THE STATE OF TEXAS Executed by and approved for the Texas Transportatmn Comn'ussmn for the purpose and effect of activating and/or carrying out the orders, estabhshed pohc~es or work programs heretofore approved and authorized by the Texas Transportatmn Comrmssmn By Jay R Nelson, P E D~smct Engineer Date FITSEM STATE2 8-00 DALLAS 8 of 8 EXHIBIT A US 77 Signal Eqmpment Reimbursement Materials for Ralmbursement Amount Cost per umt Sub totals NEMA P44 Local Cabmet Assembly 6 484~ 00 29088 00 PEEK 3000 Local controller 6 1982 00 11892 00 PEEK 12ELRA momtor 6 658 00 3948 00 PEEK 5771, Aux 232 Board 6 310 00 1860 00 EDI Oracle~ 4 channel detector card 12 309 00 3708 00 Spread Spectrum Radio 6 2369 23 14215 38 En~neermg costs 1 3000 00 3000 00 Supervasory costs 1 1900 00 1900 00 Total Cost 69,611.38 The equipment above as set as a Denton standard for all new and remodeled sagnahzed antersectaons The only matenal that as not on tins hst ~s TXDOT approved LED lenses so we need to make sure that they are included on the plans From Scott Wilson To Jerry Clark Date 3/5/01 4 41PM Subject U$77 Signals Jerry, Attached ~S the revised signal oosts for the U$77 project The only thing that has changed ~n th~s document was the addition of the LED lenses The agreement's mtersechon location wording should be FM 2164 at Connector A instead of US 77 at FM 2164 (these don't intersect) CC Jack Richardson 0 6 AGENDA INFORMATION SHEET AGENDA DATE' April 3, 2001 DEPARTMENT Electric Utlhty ACM Howard Martin, 349-8232 ~ SUBJECT. An ordmance of the C~ty of Denton, Texas authortzmg the City Manager to execute a first amended, agreement for professional legal serwces w~th the law offices of Lloyd, Gossehnk, Blewns, Rochelle, Baldwin & Townsend, P C for serwces pertaining to Public Utdltles Commission of Texas Docket No 22350 (TXU Unbundled Cost of Service) relating to Denton Mumcipal Electric, authorizing the expenditure of funds therefor, prowdlng for retroacttve approval of the agreement, and providing an effective date. BACKGROUND: As part of the ~mplementat~on of SB7, each investor owned utility (IOU) ~n Texas was reqmred to file a rate case w~th the PUCT to develop the unbundled (transmission, d~stnbutaon, customer servmes, and energy) rates that each IOU would charge their customers at the beg~un~ng of retml deregulation DME obtmned approval to partmlpate m the TXU UCOS case for two reasons F~rst, the mformataon on TXU's cost of operation made avmlable to partimpants in the Docket would be very valuable to DME as we analyze our abthty to provide cost competitive service to our customers Second, and most ~mportant, to assure that TXU d~d not incorrectly place charges ~nto inappropriate areas that would have a negative effect on DME costs such a transmtss~on servme fees pard to TXU DME and Garland have shared the cost oftlus mterventmn The ~mt~al estimate for DME's portion of the cost oftlus mterventlon was $88,000 The reasons that the cost to complete thru work has exceeded that estimate are 1 The PUCT combined two other proceedings with thns docket That meant that a much larger mount of data and testimony had to be reviewed 2 TXU was not accurate or forthcoming in their lmt~al filing of data and testimony As a result, they re-filed their case three times Each new fihng required starting over m the rewew process Additionally, TXU filed thmr mformatlon m as confusing and m~sleadmg ways as they could The testimony that had been prepared on behalf of DME and Garland had to be changed numerous t~mes as more mformat~on was dragged out of TXU 3 The penchng UCOS cases for all the IOUs are the first time a forecasted test year has been used by the PUCT The TXU case included all of the issues assocmted with restructunng one of the largest ut~htles in the state, based on rules that were still being developed It was the first UCOS case heard by the PUCT m flus process Therefore, ~t encountered many msues that had never been discussed or dealt with by the PUCT 4 TXU chd not compromise on any revenue reqmrement ~ssues Therefore, TXU and the lntervenors had numerous witnesses and the hearing lasted nearly three weeks The witness appearances were not precisely scheduled Procedural matters were discussed at various times during the heanng, requmng attendance by someone representing our mterest for most of the heanng 5 S~grnficant time was spent prepanng to cross examine TXU w~tnesses, who took the stand at least twice each This has been an extremely chfficult case w~th s~gmficant problems that could not have ben foreseen at the beglnmng because ~t was the first of~ts k~nd The work that remains to be done is a rewew of the proposal for decision (PFD), preparation of excepttons and replies to exceptions to the PFD, rewewlng the final order, and prepanng motions for rehearing and rephes for reheanng The major improvement that has been made on DME's behalf is support for a proposal to remove approximately $38 million of expenses from TXU's proposed transmission service rate If tins proposal succeeds, the lmtml savings to DME will be approximately $60,000 per year Additionally, there will never be another case hke thru one If we succeed ~n setting strict gmdehnes on what costs can be allocated to transmmsmn service rates, the long-term benefit could be well ~n excess of $60,000 per year OPTIONS 1 Approve the proposed Amendment 2 Deny the proposed amendment and cease DME partm~patlon in tins Docket RECOMMENDATIONS DME recommends approval of the Amendment PRIOR ACTION/REVIEW (Conned, Boards, Commission) Tins Contract was approved by the Pubhc Utlht~es Board at their March 5, 2001 meeting by a vote of 5 to 0 wtth 5 members present FISCAL INFORMATION' Contract amendment of $46,000 for a total contract amount not to exceed $134,000 Respectfully submitted Sharon Mays D~rector of Electric Ut~ht~es Exhibit I Ordinance Exhibit II Professional Servme Agreement ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P C FOR SERVICES PERTAINING TO PUBLIC UTILITIES COMMISSION OF TEXAS DOCKET NO 22350 (TXU UNBUNDLED COST OF SERVICE) RELATING TO DENTON MIfNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITLrRE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Cotmc~l deems ~t necessary and appropnate and m the pubhc interest to continue to engage the Law Offices of Lloyd, Gosselmk, Blevms, Rochelle, Baldwin & Townsend, P C ("Lloyd Gosselmk"), of Austin, Texas, to prowde professional legal services pertaining to Public Utlht~es Commmmon of Texas Docket No 22350 (TXU Unbandled Cost of Servme) relating to Denton Mumc~pal Electric, and WHEREAS, the C~ty has prewously retained the professmnal legal services of Lloyd Gosselmk on tlus matter on June 1, 2000, and has operated under an Agreement For Profcssmnal Legal Services approved by the C~ty Council m the amount of $88,000, and there are good and vahd reasons for the need for addltmnal anthonzed funds, wluch have resulted m tlus First Amendment thereto, and WHEREAS, the C~ty staff has reported to the C,ty Counml that there m a substuntml need for the heremabove described profesmonal servmes by Denton Mumclpal Electric, and that limited City staff cannot adequately perform the spemahzed legal services and tasks, wtuch are wholly centered m Austin, Texas, with ~ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Profesmonal Services Procurement Act," generally prowdes that a city may not select a prowder of professional servmes on the barns of compentxve bids, but must select the prowder of profesmonal services on the basis of demonstrated competence, knowledge, and quahficatmns, and for a fmr and reasonable price, and the C~ty Council hereby finds and concludes that Lloyd Gossehnk m appropriately qualli~ed under the prowsmns of the law, to be continued as outside legal counsel for the C~ty, specifically Denton Mumclpal Electric, respecting ttns engagement, and WHEREAS, the C~ty Connml has provided m the City budget for the appropnatton of funds to be used for the procurement of the foregoing professmnal legal serrates, as set forth m tt~s F~rst Amendment to Agreement for Pmfesmonal Legal Services, NOW, THEREFORE, THE COUNCIL OF TI-IE CITY OF DENTON HEREBY ORDAINS SECTION I That the C~ty Manager ~s hereby authorized to execute a F~rst Amendment to Agreement for Profesmonal Legal Services with the Law Offices of Lloyd, Gossehnk, Blevms, 4 EXHIBIT I Rochelle, Baldwin & Townsend, P C, of Austin, Texas for professmnal legal services pertaining to servmes pertmmng to Pubhc Utlhty Comrmssmn of Texas Docket No 22350 (TXU Unbundled Cost of Service) relating to Denton Mumc~pal Electric, m substantially the form of the Fn:st Amendment to Agreement for Pmfessmnal Legal Servmes attached hereto and incorporated herewxth by reference SECTION 2 That the award of this First Amended Agreement is on the basxs of the demonstrated competence and qualifications of the Law Offices of Lloyd Gossehnk, and the abthty of the Lloyd Gossehnk, to perform the professmnaI legal services needed by the C~ty for a fmr and reasonable pnce SECTION 3 That the expenditure of funds as prowded for m the attached F~rst Amended Agreement for Professmnal Legal Servxces ~s hereby authorized SECTION 4 That as to the payment of fees and expenses, the First Amendment to Agreement for Professional Legal Servmes ~s hereby ratffied and retroacUvely approved, and shall be e£fect~ve from and after November 1, 2000 SECTION 5 That except as prowded m Section 4 heremabove, ttus ordinance shall become effecave mm~edmtely upon ~ts passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our D ocum~nt.s\Ordmanc es\01 ~L1 oyd Oossolmk First Amended Contract UCOS DME ord doc THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS FIRST AMENDIviENT to that certmn Agreement for Profess,onal Legal Services, executed September 26, 2000, dated effectxve June 1, 2000, heretofore entered into by and between the C~ty of Denton, Texas, a Texas Mummpal Corporatmn w~th ~ts offices at 215 East Mcganney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the law firm of Lloyd, Gosselmk, Blewns, Rochelle, Baldwin & Townsend, P C w~th ~ts offices at 111 Congress Avenue, State 1800, Aast~n, Texas 78701 (hereafter referred to as "LEGAL ADVISOR"), acting hereto by and through thexr respective duly authonzed s~gnatones, and NOW THEREFORE, the C~ty of Denton, Texas and the fnTn of Lloyd, Gosselmk, Blevms, Rochelle, Baldwin & Townsend, P C (hereafter collectively referred to as the "PARTIES"), m conmderatmn of their mutual promises and covenants, as well as for other good and valuable cons~deratmns, do hereby AGREE to the following amendments to the terms and condmons of the Agreement For Professional Legal Services (hereafter the "Agreement"), effective June 1, 2000, to w~t I That the prowslons of Sec'non III A of the Agreement For Professmnal Legal Services shall instead read an addmonal FORTY SIX THOUSAND DOLLARS ($46,000), effective November I, 2000, as follows C "Consultant agrees that all charges for the legal services hereunder, including the fees for R.J Cowngton Consulting and expenses as set forth in Sectmn nI c below, shall not exceed $134,000" The PARTIES agree, that except as speclficaily provided for by tlus F~rst Amendment to Agreement For Professmnal Legal Sermces, that all of the terms, covenants, condmons, agreements, rights, respons~b~ht~es, and obhgatlons of the part,es set forth m the Agreement, shall remain m full force and effect 12'4 WITNESS WHEREOF, the C~ty of Denton, Texas and the fn'rn of Lloyd, Gossehnk, Blewns, Rochelle, Baldwin & Townsend, P C have executed tins F~rst Amendment To Agreement For Professmnal Legal Services, m (4) ongmal counterparts, 1 6 EXHIBIT II by and through their respective duly authorized representatives and officers on flus the __ day of ~ 2001 "CITY" CITY OF DENTON, TEXAS A Texas Mumc~pal Corporatmn By Michael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PKOUTY, CITY ATTORNEY "CONSULTANT" LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P C ATTEST By _ S \Our Doc umcnts\Contract s\01 kLloyd Gosselmk First Amended A~rmt UCOS DME doc 2 ? AGENDA INFORMATION SHEET AGENDA DATE April 3, 2001 DEPARTMENT Electric Utility ACM Howard Martin, 349-8232 SUBJECT' AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK ORDER NO 01-B WITH R J. COVINGTON CONSULTING FOR SERVICES RELATING TO OVERALL RESTRUCTURING IMPLEMENTATION FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND' For the past five years, it has been the practice of Denton Municipal Electric (DME) to maintain a dally services contract with R J Covington, initially as an employee of Resource Management International followed by contracting with his independent consulting firm Mr Covington and his firm have provided a variety of analytical and strategic planning support to DME over tins period m areas such as · Development of strategic options · Gas price forecasts · Assistance in financial and techmcal model development · Drafting of contracts and agreements · RFP development · Techmcal support for state legmlat~ve efforts · Review and analys~s of TMPA financial records · DME load analysis · Support for DME Pubhc Utility Commission of Texas (PUCT) filings The exxst~ng DME staff is unable to perform all of these types of tasks either because of workload or lack of expemse In addition, Mr Covlngton's location m Austin provides a cost effective way to access data located ~n Austin, such as PUCT records and filings by other electric utilities, and provides him access to information sources not available to staff isolated an Denton Since the passing of SB 7, Mr Covmgton's firm, working in coordination with DME and Garland staff members, has been cntmal in prowd~ng coverage of the large number of Austin based Electric Rehabfllty Council of Texas (ERCOT) and PUCT committees, workshops and projects that are determ~mng the operational structure of the new retail deregulated marketplace It has become clear that failure of DME to participate effectively in these activities will result m development of a market model harmful to the interest of smaller players such as DME The protocols developed to define the operation of the deregulated electric marketplace have been filed w~th the Public Utlhtles Commission of Texas for review and approval Dunng this review process, parties have rased over 170 issues they believe must be changed in the design Most of these changes will now be examined through a stakeholder protocol review process Many of these proposed changes will have a negative effect on DME's ability to operate effectively m the new market DME needs all the resoumes possible to mmntmn the positions it has negotiated so far Mr Covmgton's staff has been lnstnnuental in negotiation and analysis of the power purchase agreement that will be presented to Council as part of the potential sale package of the Spencer generating plant Their knowledge of the contract will assist the DME staffln setting up proper auditing procedures for the contract Regardless of whether the Spencer plant is sold or retained by DME, there will be a constant need to forecast natural gas prices The projected price of natural gas will be critical m the quarterly development of ECA rate recommendations, DME annual budgets, and long term strategic plans for DME power supply DME desires to have the option to seek independent expert advice regarding the performance of the natural gas market A member of Mr Cowngtoffs staff has a strong background in the natural gas industry and can provide such advice OPTIONS. 1 Continue to use Mr Covlngton's services 2 Reduce DME participation in the development of the Texas electric market design Rely totally on DME staff for financial modeling, natural gas price forecasting, and auditing of power purchase agreements RECOMMENDATIONS DME recommends the continuing use of Mr Covlngton's firm for the tasks outlined in Task Order 01-B PRIOR ACTION/REVIEW (Council, Boards, Commission) This Contract was approved by the Pubhc Ut~htles Board at their March 19,2001 meeting by a vote of 5 to 0 with 5 members present FISCAL ,INFORMATION Task Order 01-B not to exceed $75,000 Respectfully submitted Sharon Mays Director of Electric Ut~ht~es Exhibit I Ordinance Exhibit II Professional Sermce Agreement ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK ORDER NO 01-B WITH R 2[ COVINGTON CONSULTING FOR SERVICES RELATING TO OVERALL RESTRUCTURING 13/fPLEMENTATION FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, A_ND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Councd deems ~t m the pubhc interest to engage the firm of R J Covington Consulting, of Austin, Texas ("Cowngton"), to prowde consulting services to the C~ty relating to Denton Mummpal Electric, including, w~thout lmntatton, overall restmctunng tmplementatlon, and WHEREAS, the C~ty staff has reported to the C~ty CounmI that there is a substantml need for the above-described profesmonal servmes, and that hm~ted C~ty staff cannot adequately perform the serrates and tasks w~th ~ts own personnel, end WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professmnal Servmes Procurement Act", generally prowdes that a C~ty may not select a provider of professmnal services on the bas~s of competitive b~ds, but must select the provider on the bas~s of demonstrated competence, knowledge, and qualfficatmns, and for a fair and reasonable price, and WHEREAS, the C~ty Council has prowded ~n the C~ty Budget for the appropnatmn of funds to be used for the purchase of the profesmonal servmes, as set forth m the Profesmonal Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager m hereby authomed to execute a Profesmonal Services Agreement m the form of Task Order No 01-B w~th R J Covington Consulting, of Austin, Texas, for professmnal consulting services relating to Denton Mumc~pal Electnc m the area of overall restructuring service, m substannally the form of the Task Order No 01-B attached hereto and incorporated here,ruth by reference SECTION 2 That the award of tins Agreement by the C~ty ~s on the barns of the demonstrated competence, knowledge, and quahficatmns of Covington and the ab~hty of Covington to perform the professmnal servmes needed by the C~ty for a fane and reasonable price SECTION 3 That the expenditure of funds as provided m the attached Professmnal Services Agreement m hereby authorized 4 EXHIBIT I SECTION 4 That tins ordinance shall become effective ~mme&ately upon ~ts passage and approval PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By' ~(~'~ ~ S \Our Docum~nts\Ordmances\01\Covmston Consultmi[ PSA-DME-TO No 01 B ord doc ATTACHMENT TO PROFESSIONAL SERVICES AGREEMENT DATED MARCH 6, 2001 BETWEEN THE CITY OF DENTON AND R J COVINGTON CONSULTING TASK ORDER NO 01-B Electric Regulatory and Restructunng Servtces Tasks provided for in th~s Attachment are directed at asststmg the City staff (Staff) m three main areas These are as follows I PUC/ERCOT/Leglslabve Assistance 2 Implementation of Trans2~on Power Agreement 3 Revtew of Financial Model pU C_/ERC OT/Le gas labve Assistance This area of actiwty includes participation at the Pubhc Ubhty Cornn'usslon of Texas (PUC) and at the Electric Rellabdtty Councd of Texas (ERCOT) on issues affecting the Ctty ERCOT has filed a set of Protocols w~th the PUC for approval The Protocols are procedures and pohc~es that wdl guide the operations of the electrtc market m ERCOT The PUC ts m the process of approving these Protocols and subsequently revising its Substantive Rules to mcorporate the Protocols The City has been actwe tn protectmg tts interest m the development of the Protocols and will need to follow the process through the revmon to the PUC Substantive Rules to msure the gains it has made are preserved tn the final rules and procedures Of particular importance are the rules that affect utilities with generating resources outside its ERCOT congestion zone (such as Gibbons Creek) and rules that affect the d~stnbution of costs for lntrazonal congestion, ERCOT admlmstraave fees, and the handling of other market related costs that will continue to &rectly affect the City even after the sale of Spencer and the hydroelectric generating assets In addmon, changes to PUC Substantive rules affecting transrmssion cost of service (TCOS) will &rectly affect the Ctty's TCOS filing Ttus is also a legislative session year and legislanon enacted d-as summer can lead to addmonal changes in ERCOT Protocols and PUC rules These and other regulatory related actiwties will directly and mdrrectly affect the City's municipal electric system and its ability to contribute to the funding of City operations 1 of 5 6 EXHIBIT II Implementation of Translhon Power Agreement In addtbon to the regulatory tssues, this Task Order will provide for assistance to Staff to facilitate the transl~on after the sale of the Spencer and hydroelectric generabng assets RTC will work with Staff and the new suppher to coordinate implementation issues winch can include issues associated with bdhng, metering, settlement a_nd other Qualified Scheduhng Entry (QSE) issues R~C wzlI also work with DME staff to monitor for a few months the wholesale supplier costs to insure it meets the Trans¢~on Power Agreement (TPA) terms and msure that the appropriate Staff ts farruhar w~th the mecharucs of the bflhng under the TPA so that they can conbnue auditing the TPA on a monthly basts Review of Financial Model In tins area of act2vtty, RJC wall work with staff tn rewewmg and frae tuning DME's fmanctal model to facilitate budgeting and forecasting under the new supply arrangement, as well as looking at other changes that may be needed to incorporate recent rndustvy changes R~C may also work on other acbvl~es as tdentff~ed by the Dtrector of Electric Ubhttes Scope of Servxces Task A PUC/ERCOT/Legnslahve Assxstance Task A-1 Attending Workshops At PUC And ERCOT 1 RJC w~l stay reformed on activities at the PUC and ERCOT Independent System Operator (ISO) and wtll attend workshops as needed 2 When approprmte, RJC will participate in workshops to represent interests of City based on drrecttons of Staff 3 RJC will work wtth Staff tn developing poslbons which should be taken and strategies for workmg with part~es revolved Task A-2 Analyze Proposed Rules and Pohc~es 1 Proposed new rules and rule changes from the PUC and associated proposed policies from the ISO wdl be analyzed 2 RJC wdl dmcuss proposed new rules and protocols, and changes to ex~stmg rules and protocols with Staff, helping to ldenVdy areas of concern and preparing postt-~ons that represent the mterests of the City 3 RJC wtll meet with PUC staff and other parbes as appropriate to discuss proposed rules and protocols, and present the City's concerns regarding such proposals 2of5 7 Task A-3 Preparataon of Comments 1 R~C w~ll prepare or asmst m preparing comments to be bled wtth the PUC representing City's potation on issues brought up m proposed rules and dockets 2 These comments w~ll be coorchnated through Staff and the C~ty's legal team 3 R]'C w~I1 asmst the City's legal team as necessm'y m the preparation and hlmg of comments Task A-4 Work W~th Staff And Legal Team 1 R]C will have continuing communication w~th Staff and the Ctty's legal team m order to morutor proposed industry changes and address those issues affecting mumapahhes 2 An on-going d~alog will be mamtamed w~th Staff and the legal team m order to evaluate changing operatang and market requzrements and conditaons, and evaluate potential effects on City operahons 3 Informataon necessary to supplement and support the decision making process wfl/be prowded as requested Task A-5 Techrucal Support 1 RJC w~i1 provide techmcal support to the C~ty's legal team to asmst in the evaluation of proposals and the potential impact on the City under different scenarios 2 RIC will provide techrucal support to Staff, provldmg mformat~on as requested from trme to tame to assist Staff m its evaluations and planmng processes 3 RJC will evaluate scenarios and proposals from perspective of City utility and as a member of TMPA Task B Implementataon of Tranmhon Power Agreement Task B-1 Change-Over Issues 1 R]C w~ll work with Staff and supplier as needed to coordinate the change-over of the Spencer and hydro generataon into a purchase power contract 2 Ttus may include issues between the ISO, supplier and DME, or other issues that arise m connection w~th the lmplementataon of the TPA 3 In particular, TPA issues such as penalties associated with scheduhng and umt avarlablhty concerns for Gibbons Creek, as well as other contract terms w~ll 3of5 8 be discussed with the appropriate Staff that w~I1 be responsible for momtonng compliance of DME and supplier to TPA terms Task B-2 Admm~stratlon of TPA Bdhng I RJC wdl momtor the billing from supplier for the first few months to insure the b~llmg terms are properly implemented between City and power supplier 2 RJC w~ll assist Staff m developing au&ting procedures for au&ting montMy bdhng and work with Staff in automating the au&t process Task C Review of Fxnanc~al Model Task C-1 Review of Financial Model I R~C wdI work with Staff to review the DME fmanctal model and incorporate changes needed to mode1 and forecast power bdhng under the TPA 2 RJC wrll also discuss with Staff other poss~bie changes needed to reflect changing ERCOT operabons and market condmons, partscularly m the area of how changing gaa prices wflI affect power btlhng to DME, new ERCOT fees to look for, and new loss allocations vathm ERCOT Task C-2 Natural Gas Forecast I RJC w~11 provide a forecast of natural gas prices to use in the financial model 2 The forecast will include a range of prices based on scenarios identified by Staff 3 RJC will assist Staff m reviewing the financial modeI to insure assumpbons regarding gas prices and electric prices are consistent for each identrfled scenario Budget Based on prior experience m working w~th these issues, RJC recommends a budget of not to exceed $75,000 for labor and expenses be approved This budget will not be exceeded without prior approval of the City RJC will bill monthIy with supporting documentanon of act~vitles performed The work being performed wdl be under the supervision of the Drrector of Eiectnc Ut2hnes and may be modified at any time upon appropriate nonce to RJC EXECUTED ti'us __ day of ~ 2001 4of5 9 AUTHORIZED BY ACCEPTED BY CITY OF DENTON, TEXAS R J COVINGTON CONSULTING Dated Dated ATTF~T APPROVED AS TO LEGAL FORM JENNIFER WALTERS HERBERT L PROUTY CITY SECRETARY CITY ATTORNEY Dated Dated S hour Documents\Contracts\Ol\Rlck Covington Consulting Task Order O1-B dec 5of5 1 0 AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 Questions concerning th~s acquisition may bc d~rected DEPARTMENT' Materials Management to Alex Petter 349-8595 ACM Kathy DuBose, F~scal and Municipal Services SUBJECT: Consider an ordinance of the C~ty Council of the City of Denton, Texas anthonzmg the Mayor or C~ty Manager to execute the attached Amendment to the Amended Professional Services Agreement for software ~mplcmcntat~on and support between thc C~ty of Denton, Texas and Access Technologies, Inc, a Quahfied Information Systems Vendor ("QISV") of the State of Texas Th~s change order ~s to be p0ad from prewously budgeted funds ~n thc amount of Three Hundred Twenty-F~ve Thousand, S~x Hundred and Twenty F~ve Dollars ($325,625) to bnng the total not to exceed N~ne Hundred Forty-Two Thousand, One Hundred and Nmety-F~ve Dollars ($942,195 00), and prowd~ng for an effective date Th~s amended amount ~s for Phase III of the JD Edwards Flnancml Job Costing ~mplementat~on to go hve concurrently w~th Phase I and II AMENDED AGREEMENT INFORMATION: Access Technologies, Inc (ATI) a professional services firm specmhz~ng m thc ~mplementat~on of JD Edwards Account~ng/Fmancml Reporting and Human Resources Software into mumc~pal government agencies was selected and approved by C~ty Coancfl on April 4, 2000, Ordinance No (2000-123) for services ~n an amount not to exceed $616,570 The previously approved agreemem was for Phases I and II of the ~mplementat~on schedule for the JD Edwards Software Th~s request ~s for ~mplementat~on of Phase III of the JD Edwards Software Phase III revolves upgrading software ~ncludmg Xe Upgrade, security set up, job costing, HRM workflow analys~s and apphcant tracking Phase III ~s planned to "go hvc" m the same t~me frame as Phases I and II A more detailed description of the ~mplementat~on process ~s shown below Approved on April 4, 2000 Ordinance No (2000-12) Phase I Payroll, Human Resources and HR Benefits Go L~ve January 2001 (Achieved) Phase II Address Book, Accounts Receivable, Account Payable, Go L~vc October 2001 General Accounting, Budgeting, F~xed Assets, Procurement, (On Target) Inventory Management and Warehousing Requesting approval for Phase III Xe Upgrade, Job Costing, Security Setup, Year End Go L~ve October 2001 Processing, HRM Workflow Analys~s and Apphcant Tracking Do to these upgrades, the prewous contract that was approved for $616,570 ~s being amended to add an addrt~onal $325,625, bnng~ng the total award to $942,195 Agenda Information Sheet April 3, 2001 Page 2 RECOMMENDATION: We recommend that Purchase Order 04402-01 to Access Technologies, Inc and the contract to the ordinance be approved in the amount of $325,625 PRINCIPAL PLACE OF BUSINESS: Access Technologies, Inc Mission Vlejo, CA PRIOR ACTION/OR REVIEW: Councd approved (Ordinance 2000-123) for the acqmsmon of JD Edwards Software Implementation on April 4, 2000 ESTIMATED SCHEDULE OF PROJECT. Implementation of the JD Edwards Software is scheduled to be completed by October 2001 FISCAL INFORMATION: Funding for this Professional Serwces Contract is available ~n the Long Range Technology Plan account (468-044-COMP-0023-8502) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 04402-01 to Access Technologies, Inc 1555 Agenda ORDINANCE NO CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACI-IED AMENDMENT TO THE AMENDED PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE IMPLEMENTATION AND SUPPORT BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS TECHNOLOGIES, iNC, A QUALIFIED INFORMATION SYSTEMS VENDOR ("QISV") OF THE STATE OF TEXAS THIS CHANGE ORDER IS TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN THE AMOUNT OF THREE HUNDRED TWENTY-FIVE THOUSAND, SIX HUNDRED AND TWENTY-FIVE DOLLARS ($325,625) TO BRING THE TOTAL CONTRACT NOT TO EXCEED NINE HUNDRED FORTY-TWO THOUSAND, ONE HUNDRED AND NINETY- FIVE DOLLARS ($942,195 00), AND PROVIDING FOR AN EFFECTIVE DATE THIS AMENDED AMOUNT IS FOR PHASE III OF THE JD EDWARDS FINANCIAL JOB COSTING IMPLEMENTATION TO GO LIVE CONCURRENTLY WITH PHASE I AND PHASE II WHEREAS, the consultant for the professional services anticipated by the attached agreement ts a Quahfied Information Systems Vendor ("QISV") of the State of Texas for Automated Information Systems, and WHEREAS, the contracted for professional services fall wxthln the scope of sa~d QISV status for the purposes of the Catalog Purchasing Method prescribed by Chapter 2157 of Texas Government Code, and WHEREAS, upon the evaluation and recommendation of staff, the City Council has prewously determined that the contracted services represent the best value obtmnable for smd professional services, and WHEREAS, upon further evaluation and recommendation of staff, the C~ty Council now determines that additional services are necessary, and that the proposed amendment to the scope and cost of the contracted services continues to represent the best value obtmnable for smd professional services, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby authorizes the Mayor or C~ty Manager to execute the attached Amendment to the Amended Professional Services Agreement for Software Implementatxon and Support Between the City of Denton, Texas and Access Technologies, Inc, substantially in the form of the attached documents, and further authorizes the expenditure of prewously budgeted funds m an mount not to exceed Nme Hundred Forty-Two Thousand, One Hundred ~and Nmety-F~ve Dollars ($942,195) for that purpose SECTION II That this ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By AMENDED PROFESSIONAL SERVICES AGREEMENT PC-04402-0! TO ACCESS TECHNOLOGIES INC - ORD - 2001 STATE OF TEXAS § COUI~TY OF DENTON § AMENDMENT TO AMENDED PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE iMPLEMENTATION The Ai~ended Professional Services Agreement dated March 1, 2000 by and between City of De'Itoh. TX ("Client"), a Texas Municipal corporation, with ~ts pnnc~pal place of business located at 601 E HIcko~. Suite A, Denton, TX 76205 and Access Technologies, Inc. ("Consultant"). a California corporation employing cerhflad pubhc accountants and computer professionals, w~th its principal place of bus~ness located at 11808 McDougall, Tustm. Cahfom~a 92782 (the "Agreement"), Is hereby amended as follows Save and except the two amendments tlereln noted, the Agreement shall contmue m fult force and effect as wntten~ 1 Paragraph 3 8 Is hereby amended to read as follows '3 8 It is specifically understood and agreed that Consultant shall not be authorized to undertake any work pursuant to th~s Agreement whmh would ,reqmre addlt~onal payments by Chent for any charge, expenae, or , reimbursement above the maximum not to exceed fee of nine hundred forty- ~tWO tllousand, one Muncireci and nmety-five dollars ($942,195 00). w~thout flret hawng obtamed written authorizatmn from Client 2 ExMiblt Ato the Agreement ~s hereby replaced with the attached Exhibit A IN WITNESS WHEREOF, the part~es hereto have executed th~s Amendment to the Amend~ed Professional Services Agreement as of ,2001 for Client City of Denton, TX for Consultant Access Technologies. Inc s~gned' signed name name t~tle title date date APPR¢ )VED A8 TO LEGAL FORM HERBI !ET L PROUTY, CITY ATTORNEY BY AGREEMENT (ADDENDUM A~ baleen City of Denton, Texas ("Chant") and Access Technologies, lnc (~Consul~nt") Th~s Second Amended Addendum A to the Amended Professional Se~ces Agreement an integral pa~ of the Amended Agreement, baleen the City of Denton, TX (CLIENT), and A;ces~ Technologies, In~ (AT]), and defines the business and computer so.are related consulting se~s requested, the fees, and the duration of the se~ces Te~ ~ · Sta~ Date March 1,2000 · ~ End Date January 31,2002 ATI s~ff wdl be ready to beg~n p;owd'ng implemen~tton resources w~thin three (3) weeks of a mutually agr~d upon date In the event ATI determines that the effo~ as set fo~h hereto wdl not ~e completed by the agreed-upon Phase dates, ATI shal[ notify CLIENT promptly upon ~uch determmahon Such notice shall also ~nclude ATI's rewse~ estimated completion da~e ATi's ~anagement team wdl initiate the project by tmvehng on s~te to work w~h CLIENT to bagm ~eveloptng the Detaded P~oje~ Plan and discuss the dehvery of se~ces Prme~t Scope The p~ject s~pe wdl include the following se~ces Pr~w~e direction and coaching In the use of JDEdwards World Solubons Company so.are fun~lon Assist CLIENT proje~ team(s) m evaluating their current implementabon status and completing the ~ remain~ng to successfully ~mplemant the JDEdwards World So;u~lons Company · Al~se~lces shall be pedormed under the supe~s~on and direction of a Ca.tried Pubhc Accountan~ (CPA) to rewew the ~mplementat~on of the cha~ of accounts, restatement his~or~l financial ~nformation after convem~on, and address procese changes ne~ssary to conform tD FASB and GASB requirements and pronouncements as de~med necessa~ · ATI and/or its subcontractor wdl assist the CLIENT ~n develop;ng a detaded technology ~m~lementahon work plan, specifying the t~mmg of ATI involvement and estabhshmg target dates for project m~lestones · ATI and/or its subcontractor w~ll prowde a Pre-System Installation Audit · AT~ and/or ~ts subcontractor w~ll prowde CNC lnstatlabon and Setup act~v~bes of the OneWor~d environment Access -t~C~nologJes lnc Second Amended Addendum A ro Professlon~.l Services Agreement Page go a "~- ~ ~,, L - - PSA Addendum A (Second Amended) ~,'~ ~ City of Denton, Texas * AT~ and/or Its subcontractor will provide a Post Prototyp~ Rewew of the technology en~iro~ment to insure that the ~chn~cal infrastructure for OneWorJd ~s functioning as de~igned . AT~ and/or its subcontra~or will provide Produchon Planning and rollout tasks [o pr~pare the OneWodd enwronme~[ for live produchon a~lwty . AT~ and/or It subcontractor will assist m the data convemon by providing field mapping for, the appropriate tables using the JDEdwards Batch Processing programs and pe~ormlng the ~rogramml~g necessa~ to p~pulate those tables We will also ~ra~n the CLIENT In the usage of the JDEdwards Batch Pro~sslng programs ~l~tlon A~lvities . ATI will asmst the CLIENT ~n developing a detailed s~are implementation work plan, specifying the timing of ATI a~d/or tis subcontractors involvement and es~bhshmg target dates for proJect milestones . AT~ and tis subcontractom will follow the Jmplementahon Approach defm~ w~thm Attachment A . AT~ and ~ subcontra~ors will assist in the Implementation of the following so.are applications using a phased approach, as defined below P~ase I Payroll, Human Resources and HR Benefits G~-Live Jan ~, 2001 Phase ii Address Book, Accounts Receivable, Accounts Payable, G~-L~ve Oct 1, 2001 Ge~e~l Ac~untl~g, Budgeting, F~xed Assets, Procurement, Invento~ Management and Warehousing P~aie III Xe Upgrade, Job Costing, Secunty Setup, Year End G~-Live Oct, 1~2001 Processing, H~M Workfiow Anatysls an~ Applicant Tracking ~mple~entat~on Aooroach ATI an~ its subcontractors will follow the JDEdwards OnTrack Implementation Approach as defined In the Affachment D, or a modified vem~on thereof as the guiding methodology for the ~m~lementatlon The achwties in the project will Include so.are ~nstallat~on and configuration, app~lmtlon and technical training, apphcahon and technical consulting an~ proJeCt,management semis Kev ~sumptions The A~endum A has been developed based upon the following assumptions, changes ~o which ~ay bcraase pri~ and/or effect the project schedule 1 C~stemer has completed an Project Ptanm~g Meeting (PPM) The CLIENT and ATI will rebferce decisions regarding CLIENT resources and availabilfly reached dunng the Project Planning Meeting during t~e ~mplementat~on 3 It is~ Access Technologies understanding that the CLIENT Is assuming full-brae pro~e~ management responsibility under the leadership of Kathy DuBose The prelect management team will be responsible for - ~ev~ew progress of ~mplementat~on and assist w~th problems which delay progress Acces~ Tachnologtes ]ne Second ~mended Addendam A to Professional Services Agreement Page 2 i~~ PSA Addendum A (Second Amended) ~ / C~ty of Denton, Texas · ,' Ensure that the vision, business plan and processes are current and included in the implementation · ~ldentify additional project team tra~mng needs · , Management of security plan including who controls set up · I Issue dccumentabon and resoJutlon Prepare procedure manual format Maintenance of data ed technology ~mplementat on plan · I Maintenance of detailed apphcetlon implementation pJan · , Management of end user training · Management of phased rollouts · ~ Management of conversion process · Commumcate project status and implementation schedule to all the appropriate ~ parties Prole~t Risks Every project ~nherently ~ncludes several types of risks, ~nclud~ng schedule risk, budget risk, risk of, provided solutions not being accepted by users and many others We, Access TechnOlogies and CLIENT will continuously look to idenbfy any potenbal nska, identify and select ;options to reduce or eliminate the nst( and then implement the solubons The joint manag~ement funcbcn ~s based largely on managing these rinks by · Establishing a skilled and experienced project team, supervised by CPA professionals · Bnagmg technical software and hardware sk~lls rotc the project team · Enlisting the support of top management for resource commitments to the project · Involwng the user commumty and ~ts representatives ~n all aspects of the pro, oct · Documenting status mformabon and open issues on a timely basra, and working to resblve those issues quickly Acce*_~_ Technologies Resoons~bfl~tms Access Technologies role ~n the project is descnbed above and within Attachment A, the OnTraCk Definitions We will serve m a suppor~ role, prowd~ng system mstaUatmn canfigurabon and consulting serwces at your dlrecbon and request A,ccesl~ Teclln01ooles Staffing I Consultant Tittq Hourly Rate Cyd Yamamoto-Lem Certtfied Public Accountant $ 205 00 , (California) CEO ~Gary Gustafson Accountant $190 O0 , Joe Harns Client Manager $ 2(35 00 I Lynn Cardona Project Manager $185 00 TBD Senior Apphcatmn $175 O0 Consultants TBD Senmr Technmal $175 00 Consultants Access '~echnetogms thc Second Amended. Addendum A m Prefe~smnal Services Agrecrn~m P=gc 3 , ,~' ~~ pSA Addendl.lm A (Second Amended) ~ , ~ City of Denton, Texas Lynn Cordons Phase IV Client $180 O0 I Management CLIENT Resuenslbihties 1 CI~IENT w~ll provide access to database administrators, apphcabon leads, system ~-dCm~strators and project management as necessary to faclhtate software set up ancl co,nflguratlon, environment set up and all apphcatmn ~mplementatlon steps referred to herein 2 C~IENT will provide full-time prelect management services as defined above 3 CLIENT will provide sufficient resources to enable that the project set up, completion and testing can be done w~th the prelect t~me frame 4 CLIENT will provide personnel to complete anti/or assist in the writing of detailed prdcedures for uae by and users 5 CLIENT will provide sufficient commitment of personnel to perform any manual or prqgrammatic data conversions required 6 CLIENT will prowde sample data to execute both the prototype and integrated acCeptance tests 7 CLIENT will provide on-site faohbes for all ATI project team members whmh w~ll include · ] Work Area · aTelephone Access · ~Analog phone line access · tSystem security and access Ids · iA(;oess to facihbes ' I Parking · IFax, copying and printing capablhtles ATI's project price Includes all of the ATI resources to be provided for the scope of services defined herein This Piofeeslonal Services Agreement Addendum is supplementary to, but does not replace your Professional Serwces Agreement with our company Please refer to thru Agreement for discussions on bllhng issues Dunng the Project Planning Meeting we have developed an Implementation Strategy Document (Attachment 0) and have estimated Access Technologies efforts through the vanou~ phased go bye steps of the project We estimate that Access Technologies ~mplementatien servmes, mstallatmn, training through the Go-Lwe will cost approxtmately nine hu!ndred forty-two thousand, one hundred and ninety-five dollars ($942,195 {30) These estimates are based upon our knowledge of the software and your project team's knowleldge of your c~hes business enwronment Many factors can account for changes m the time and cost of Instslhng and implementing JDEdwards software systems whmh could lengthen or shorten the project duration and, therefore, have an ~mpact on original estimates for Access Technologies consulting services These factors can include changes ~n the informabon needs, inaccurate descriptions of extstmg data, suspect data or incorrect level of detail and others Access Technolol~m~ Inc Secon,q Amended Addmtdum A to Professional Services Agrc=raent Page 4 ~"~~ PSA Addendum A (Second Amended) ~.~,~ City of Denton, Texas After the model step is complete ~n the first phaee of ~mplementat~on, there w~ll probably be changes ~n the level of our particlpat~on, up or down For the entire project, when the modeling step ~e complete in each phase, we will meet w~th you and the project teem to d~scuss any proposed changes before proceeding Acces~ Technologies recommends as part of the implementation and installation of your JDEdwards Licensed Products, that the CLIENT operate the L~censed Products In parallel with tl~e CLIENT'S existing computer software system until the CLIENT has satisfactorily completed the implementation Chan~ssland Additional Work No mbdiflcatlon or change to this Addendum wdl be binding on edher party unless ackn.~ ~ 'edged In writing by their duly authorized representatives For 'AccessTechnologles For C~ty of Denton, Texas By ' By Acceotance City of Denton, Texas Access Technologies, Signed, Signed Name ' Name Trtle Title Date , Date CLIENt may, et any time, request that Access Technologies perform additional work beyond the scope of the prelect work, hereinafter referred to as a "Change Order" Compensation for each such Change Order will be negotmted by CLIENT and Access Techno, logles consistent with the compensation prows~ons set forth in the Professional Serv~cssl Agreement and, if so authorized, shall be considered part of the ProJect work Access Technologies shall not perform any additional work defined w~th~n a Change Order until th~ Ighange Order ~s approved by CLIENT in writing AOenda Item AGENDA INFORMATION SHEET AGENDA DATE April 3, 2001 DEPARTMENT Legal Depar~ent CM/DCM/ACM Herbert L Prouty, Oty Attorney SUBJECT. An Ordinance Approving an Employment Agreement and Authonmng the Mayor to Execute thru Agreement Employing Mmhael A Conduff as Oty Manager of the C~ty of Denton, Texas Setting the CompensaUon and Terms of that Employment, Ratifying Prior Actions, and Provldmg an Effective Date BACKGROUND: Th~s item was on your March 27, 2001 agenda and was deferred untd this meeting Add~tmnal mfonnatmn on th~s item and the employment contract is Included m your status report There ~s also an opportumty for you to d~scuss the appointment of M~chael A Conduff and his employment ~n Executive Session under Section 551 074 of the Tex Gov't Code Respectfully submitted, ORDINANCE NO AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THIS AGREEMENT EMPLOYING MICHAEL A CONDUFF AS CITY MANAGER OF THE CITY OF DENTON, TEXAS SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT, RATIFYING PRIOR ACTIONS, AND PROVIDING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Council hereby approves an Employment Agreement employing M~¢hael A Conduff as C~ty Manager and authorizes the Mayor, or ~n her absence the Mayor Pro Tem, to execute tlns Employment Agreement setting the terms of employment, eompensat, on, and duties of the City Manager SECTION 2 That the City Council hereby ratifies and approves all actions of the Mayor, the C~ty Attorney, and other officials and employees of the C~ty in negotiating smd Agreement SECTION 3 That the expenditures and all other acnons set forth ~n the Agreement are hereby authorized and approved SECTION 4 That this ordinance shall become effective Immediately upon ~ts passage and approval PASSED AND APPROVED tins the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY , Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: April 3,2001 DEPARTMENT: Engineering/Jerry Clark CM/DCM/ACM: David Hill, ACM/Development Services 349-8314Jy I \ SUBJECT Hold a public heanng and consider adoption of an ordinance amen&ng the ordinance adopting The Denton Plan 1999-2020 by adopting a pedestrian and bicycle component of the Denton Mobthty Plan for the City of Danton, providing a savings and a repealing clause, and providing for an effective date The Planning & Zomng Commission recommends approval, 7- 0 BACKGROUND The C~ty of Denton Mobility Plan Pedestrian and Bicycle Component as the second an a series of Mobthty Plan components mtanded to coordinate the city's transportation systems The Mobility Plan Roadway Component was the first component, approved by City Council in December 1,998, and adopted as part of the Denton Plan in December 1999 The Moblhty Plan components are also intended to support the policies and strategies identified in the Denton Plan The development of the Pedestrian and Bicycle Component has been underway since summer 2000 The project was developed using slgmficant public anpnt, ~ncludlng two public meetings in conjunction with the Parks & Recreation Master Plan, meetings and forums at all three local bike shops, at the Civic Center, at City Hall West, one reformational meeting with the Traffic Safety Commission, and two public hearing with the Planmng & Zoning Comm~ssion Many of the comments at both of the hearings were in favor of Denton adopting th~s plan and moving toward a fnendher environment for b~cycles and pedestrians Attendees also strongly recommended that Denton build more trmls and especially some single-track mountmn bike trails Others asked that intersections on major streets become more pedestrian friendly to encourage walking by adding more time to the walk cycles p!annmg & Zonm~ Commission Review & Recommendation During a work session on January 10, 2001, the Planning and Zoning Commission asked for several changes to the Bicycle and Pedestrian Linkages Component of the Denton Mobility Plan Staff agrees with the revis~ons, and they have been added to the map, as summarized below 1 Morse / Robertson, from Woodrow to Bell, was added as a Combination Trail (gold color) Most of the mdewalk is currently in place 2 Bell Avenue, from H~ckory Street to US 380, was added as a Combination Trail (gold color) Most of the sidewalk ~s currently in place 3 i Ruddell / Glenwood, from Mmgo Road to W~ndsor, was added as a Combination ~Trafl (gold color) Some s~dewalk seettons are currently ~n place 4 i Mingo Road, from Bell Avenue to Cooper Creek Road, was added as a B~eycle ' Route (blue color) 5 Welch Street, from Oak Street to Eagle, was added as a Combination Tratl (gold color) Some s~dewalk sections are currently m place Finally, staff was asked to put together a pubhe mformat~on eampmgn to educate the motorized and non-motorized users of the roadways to respect each other, to follow the traffic laws, and to eventually see the benefits of the expansion of the Mobility Plan to be mulU- modal The requested changes were made and the Planmng & Zomng Commission held a pubhe hearing on February 14, 2001 Additional recommendations were made promolang pubhc education o~ safe joint use of roadways, and suggesting regular meetings wath the Denton Independent School Dts~ct (DISD) and the Parks and Recreation Department The Planmng & Zoning Commissioners recommended adoption of the Pedestrian and B~eyele Component by a vote of 7-0, wath the recommendation that staff continue to study addmonal connecting points ~n the plan ~n a general way, w~th emphas~s on schools and reereataon areas Response lo Caty Council Comments City Council rewewed the Pedesman and B~cycle Component, twice as part of the Parks and RecreatxonIMaster Plan, and by xtself m early December 2000 during a work sesmon Council recommended that the plan be forwarded to the Planmng and Zomng Commxss~on for consxderat~0n, and also asked that some streets be ~dent~fied for ~mmedmte b~cyele lane convemom The following roadways prowde opportumt~es for relatively rap~d ~mplementataon Ph se 1-2001 ~1. Windsor, from Bonme Brae to Old North Road, 2. Bonnie Brae, from Windsor to Oak and Hickory, 3' Oak and Hwkory (one s~de m d~rect~on of flow), from Cedar to Jagoe, 4. Sherman Drive, from Carroll to c~ty hm~ts (will occur after repave th~s year w~th new buttons), $. Hercules, from Redstone to Sherman-Underway, 6. Elm and Locust, from Sherman to Eagle (will reqture TXDOT permit - to occur after repawng flus summer), and 17. Hinkle, from Umvemty to Windsor - convert two-way path to two outside lane paths Phase II-2002-2003 1. Stuart Road, from Sherman to Loop 288, 12. Forrestr~dge, from Hobson to Ryan Road (could add Monteclto or replace Forrasmdge with Montealtu), ]3. Avenue C, from IH 35E to Oak Street, ~ Jagoe and Malone, from Oak Street to Auburn, i Roselawn, from Bernard to Bonme Brae, 16, Willowwood, from Bernard to Bonme Brae, 2 7. Longr~dge, from Teasley Lane to Stonegate, 8. Fulton, from Oakto US 380, 9. Welch Street, after coordination with LrNT on proposal, 10. Maple and Highland, on UNT Campus, 11. Bell Avenue, where possible after coordination w~th TWU, 12. Nottingham, from Kings Row to Audra, Audra to Woodrow, Woodrow to Colorado Blvd, Colorado Blvd to Mayhfll, and 13. Mockingbird, from Mmgo to MeKmney OPTIONS 1) Approve the Mobility Plan Pedestrian and Bicycle Component 2) Table the plan and request further information 3) Deehne to pursue the plan RECOMMENDATION Staff recommends approve the B~eycle and Pedestrian Component of the Mobility Plan as recommended by the Planning & Zomng Commission ESTIMATED SCHEDULE OF PRO,IECT Implementation of this plan, if adopted, may begin within 30 days Phase I could be completed in twelve months or less PRIOR ACTION/REVIEW Attachments are provided that summarize past meetings, including Planning & Zoning Commission m~nutes FISCAL INFORMATION- This plan will require the development of a long-term funding strategy using public and private funds In the short term, the striping and signs for Phase I and Phase II of the Mobility Plan are estimated at less than $100,000 ATTACHMENTS 1 Draft Ordinance 2 Mobility Plan Pedestrian and Bicycle Component 3 Public Comments / Platmmg & Zoning Commission M~nutes ~lly Submitted Assistant Director, Streets & Drmnage ATTACHMENT 1 ORDINANCE NO AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE DENTON PLAN 1999- 2020 BY ADOPTING A PEDESTRIAN AND BICYCLE COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999- 2020, and WHEREAS, the City of Denton Englneenng and Transportation Department recommends the adoption of a Pedestrian and Bicycle Linkages Component to the Denton Mobility Plan of the Denton Plan, 1999-2020 as particularly described m Exbablt "A" wbaeh is attached hereto and made a part hereof by reference (the "Pedestrian and Bicycle Component"), and WHEREAS, on ., 2001, the Planning and Zomng Commission held a public heanng and recommended approval of the Pedestrian and Bicycle Component, and WHEREAS, the City Council, after a public heanng on ., 2001, finds that the recommended Pedestrian and Bicycle Component is in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Council has reviewed the Pedestrian and Bicycle Component and hereby adopts such Pedestnan and Bicycle Component as a component to the Mobility Plan of the Denton Plan, 1999-2020 SECTION 2 All ordinances or parts of ordinances m force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contmned in thas ordinance are hereby repealed to the extent of any such conflict only The non- conflicting sections, sentences, paragraphs, and phrases shall remmn ~n full force and effect SECTION 3 A copy of th~s ordinance shall be attached to the Denton Plan, 1999-2020 showing the amendment herem approved SECTION 4 This ordinance shall become effective immediately upon its passage and approval 4 PASSED AND APPROVED flus the __ day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PR?9~TY, CITY ATTORNEY 5 Types and Size of Developments Requiring a Traffic Impact Analysis Type of Size for 1000 Size for 1500 Live Development VPD VPD Compamson Single Family 105 umts 157 units Ryan Ranch = 275 units Thmtle Hill =128 units Multi Family 150 umts 226 umts Campus Student Housing = 400 units RetmYCommerclal 20,000 Sq Ft 30,000 Sq Ft Super Wal Mart -- 200,000 Sq Ft Typical Albertson's = 50,000 to 60,000 Sq Ft Office 90,825 Sq Ft 136,240 Sq Ft Southndge Oaks Office Park = 40,800 Sq Ft Industrial 143,500 Sq Ft 215,200 Sq Ft Umted Copper -- 575,815 Sq Ft · VPD = Vetucles per Day · Based on Institute of Transportation Engqneers average tnp generation for the respective uses hsted S \Our Documents\Ordmances\00\B~cycle Component Exhibit A doe 6 Denton Mobility Plan--Pedestrian & Bicycle Linkages Component Pumose The purpose of the pedestrian and b~cycle hnkages component of the C~ty of Denton Mobility Plan Is '~o estabhsh gmdehnes to faeditate pedestnan mobday and the use of non-,motorized vehicles The Mobll,ty Plan - Pedestrian & Bicycle Llnkaaes There ~s recogmt~on by many that more attention should be paid to b~ke and pedestrian facflams vatlun our commumty Much attention has been paid ~n the past to ensunng the effective movement of motorized vebacles, however, there has been s~gmficant input by various md~wduals and groups of a need for better coordination and ~mplementat~on of non-ntotonzed mobility to meet the various needs of our commumty The opponumty to develop and expand the ex~stmg network of on-street and off-street transportation alternatives w~tlun the c~ty ~s an exc~tmg long-range wsmn for Denton C,ty leaders recogmze that transportation planmng includes addressing the access and mobility needs of pedestrians and bmychsts to work and non-work destinations such as schools, umversltles, government centers, retail and conunerctal centers, offices, entertainment venues, churches, recreational faefl~ties, and w~ttun local neighborhoods Tlus Master Plan includes a conceptual Mobility Plan that vail pro,nde gmdance for the development and ~mplementation of pedesman and bicycle hnkages w~tlun the following luerarchy Sidewalks, Bicycle & Pedestrian Trads, Bike Routes, and Greenway Corrtdor~ As discussed ~n the published Denton Comprehensive Plan, with supportive land use and transportation pohcies, walking and b~cychng can be practical alternatives to driving (especially for short trips), contribute greatly to the quahty and vitality of the street scene, and help aclueve environmental goals Pedestrian and bike ~mprovements to ~ntersect~ons, s~dewalks, and other facilities can improve access and safety, and are particularly important for cbaldren, semor adults, people w~th disabfltt~es, low/moderate ~ncome cmzens, and people who choose to use this mode oftransportatmn City leaders should emphasize CIP funds to be utilized where exastmg land uses do not currently have sidewalk and b~cycle linkages New developments v~ll continue to provide these systems as a part of new private development imt~at~ves in both residential and commercial environments The focus ~s to increase the amount of walking and btcychng that local cmzens utilize for alternate modes of transportation Tlus can be achaeved by creating desirable, safe, convement emnronments that are conducive to walkdng and bicycling The Denton Cornprehenstve Plan has outhned several strategies to meet this goal A Create an Urban Trail System to faclhtate walhng and b~cyclmg as v~able transportation choices, prowde recreational opportumt~es, and hnk major parks and open spaces vath Denton neighborhoods B Integrate pedestrian and b~ke faclht~es, services, and programs into both otyvade and re~onal transportation systems where appropriate to prowde Pedestrian amemtles and weather protection, Safe and convement pedestrian and b~ke access to transit stops, transit centers and stations, L~ghtmg and security, Add~tional lmprovemems for persons vath dlsabdlt~es and specml needs, Bike capacity on buses, rad, and other modes of transportation, Covered, secure b~ke parlang at transit centers and stations C Recogmze the importance of walking in the city and the contribution wallong makes to aclueve personal mobd~ty and enxaronmental object~ves Enhance the pedestrian enwronment throughout the c~ty D Through ~mplementatton of the comprehensive plan and/or neighborhood planmng, designate Key Pedestrian Streets w~tlun the lughest-dens~ty portions of urban centers and neighborhood centers Design and operate the streets to be safe and attractive for pedesmans, ~mprove access to transit, encourage street-level act~wty, and facilitate social ~nteract~on Integrate pedestrian faclhtles into street improvements on these streets E Accelerate the ~mprovement of ex~stmg pedestrian facilities and develop and mmntam new facfla~es throughout the city Increase pedestrian activity, enhance pedestrian safety, and promote a pleasant wallong enwronment, wth specml cons~deration to pedestrian factlit;es including recommended school walling routes, access to transit, access for people w~th disabfiittes, and access to and w~thin urban center and neighborhood center environments F Provide and maintain d~rect, continuous bmycle routes, and make all appropriate streets bicycle-friendly Accelerate development ofb~ke facd~t~es m, around and between nuxed-use centers, netghborhood centers, and other key locations Facilitate bicycling, where appropriate, by techmques such as prowdmg separate trads or bicycle lanes The Mobility Plan included hereto addresses a luerarchy of potential transportation routes across the overall c~ty The proposed mobility network ~ncludes four modes of non- motorized transportation &dewalks for pedestrian connections along streets, B~cycle and PedeStrian Trails for connections to major destinations, Bike Routes for s~gmficant bicycling actlwties, and Greenway Corridors along existing drainage ways to serve a vade range oftrad users Sidewalks The sidewalk system represents the most basic off-street transportation network w~tl~n the City and should be readily available along city streets and throughout neighborhoods Sidewalks separate pedestrians from the roadway and prowde safe places for chddren to play Sidewalks may be instrumental in reducing the number of pedestrian accidents by keeping pedestrians away from mowng velucles Street furmsh~ngs, signs, utihty poles, madboxes, and other objects need to be considered so that pedestrian movement is not ~mpeded The s~dewalk ~s the primary dewce used for the conveyance of pedestrians and wheelchairs Although Texas law recogmzes bicycles as velucles, it is understood that the sidewalk may be used by blcychsts when designed as a Class II Tra~l The walkable path of any new sidewalk shall be located away from the m~un lanes of traffic, preferably more than three feet and typically vatlun a foot of the property line Exastmg vegetation, steep slopes, drainage crossings and other ~mpediments must be transmoned around Such transitions should be gradual- a pedestrmn or wheelchair should not have to make a turn of more than 20 degrees to stay on path Walk-able paths shall be five feet in w~dth and be made of hard surfaced materials such as concrete, masonry, or other concrete block mater~al All walk-able paths shall follow the most recent ADA standards and Texas Accessibility Standards Please note that the above paragraph addresses the walk-able path and not the sidewalk proper It Is understood that there may be instances where it is desirable to have a paved pedestrian area sigmficantly greater in size than the ut~htartan needs that a walk-able path requires Such areas would include the typical downtown street setting, pedestrian pavihons, and mass transit stops In these areas, the walk-able path should be defined by the absence of obstructions - newspaper stands, furmture, signs, planters, trees wells, artwork and other features proposed should be clear of the walk-able path These features may occupy other parts of the paved areas The sidewalk network is the primary system of pedestrian movement and thus should be goven priority considerat~on m funding and development A review of s~dewalks along arterials and collectors and m the v~cimty of schools, parks, and neighborhood centers should occur to establish funding priorities Disconnected sidewalk sections in fully developed areas should be connected to ensure a continuous path Development vail be expected to install sidewalk in accordance vath ex, sting practice and modified vath the development code An additional priority area would be to connect tra~ls, and parks to other city parks and recreational facdmes throughout the communny Bscycle and Pedestrian Trads Bicycle and Pedestrian Trails can prowde dual service for both types of non-motorized transportation Many bicyclists, skaters and scooter users, and other non-motorized forms of transportation are an afterthought In many street and sidewalk designs The establishment of a trail system ~n conjunction vath bicycle lanes and sidewalk linkages wffi provide for an effective alternate for short trips, commutes to school and work, and recreational trips The bike and pedestrian trail system shall be estabhshed for both utdaanan and recreational purposes These trails shall be eight feet in w~dth vothout obstructions Trmls should link to other bike and pedestrian modes to serve as a conduit for those using the trad for transportation as well as to encourage use of the trails by those who use non- motorized transportation as recreation Such trmls may be placed m street right-of-way, but may also occupy non-street areas such as parks and designated off-street right-of- way Strmlar to sidewalks, the trail should be placed away from the back of curb, three feet or more is preferable The tr0al shall be designed to accommodate long distance bike ndmg safely Any proposed trml, and any funding for a proposed trml, should take into account the need to modify erastmg driveways so that the trml may be used for its intended use ADA and Texas Accessibility Standards shall be followed Tr0als shall connect major actixaty concentration points m the city such as the two umversmes, downtown, parks, shopping districts and employment centers Tr0als through eyastmg developed areas should consider the restrictions of the exasting right of way and not be forced into msuffiment right-of-way Additional right-of-way should be acqmred if there is insufficient right-of-way to accommodate a tr0al Trails shall also be the dewce utilized w~tban the greenway eomdors Bike Routes Bike routes should be established and linked w~th bike trails to encourage the use of bmycles and to provide continuous paths between residential, recreational, employment, and shopping areas of the city Bike routes shall generally be considered on collector streets and other streets where the average speed of the traffic does not exceed 40 rmles an hour Routes may be designated by signs and by pavement markings and should be clear of fixed obstructions, utdity covers, and drainage devices When cons~denng a bike route, consideration should be paid to those routes where on-street parhng and drive approaches are nunmuzed Routes shall also be considered along paths parallel to heavy traveled artemis and in the outside lanes when designated in order to encourage bmychng as a primary means of transportation Routes shall be in the direction of motorized traffic only and not against the flow of traffic Bike routes can be provided w~tlun either an on-street network or off-street network The Institute of Transportation Engineers states m ~ts pubhcation "The Traffic Safety Toolbox" that "Bicyclists make up 1-3% of the commuter trips in most American cities Bicycling itself is bigger There are 96 nnlhon bicyclists, and 27 $ nuthon oftbem nde regularly" Route Planning The Pedestrian and Bicyle Linkages Component of the Denton Mobility Plan shows a network of sidewalks, trails, and bike routes that should be considered vatlun the city Tlus should not be seen as a final design New developments should consider paths in the design of the development to connect to the proposed paths as well as facilitate internal movement and movement towards the facilities proposed Staff should consider completing routes and links when rehabilitating or adding to erastmg streets and sidewalks Funding Cost estimates prepared for the CIP, CDB~3 or other sources ofpubhe funding should consider those obstacles that may prevent the completion of such facilities including drmnages, retmnmg walls, rmhng, bridges, pavement markings, vegetation removal and right-of-way/easement acquisition The Mobility Plan proposes a series of designated bike routes that w~ll prowde a network across an extended region of Denton Some of these priority areas include prowdlng bike routes from the UNT campus and TWU campus to the various population centers that contribute students, staff, and other people to these campuses Another priority w~ll be to prowde bike routes that connect the major parks w~tlun the city Eventually, the bike routes should also integrate into the proposed greenway comdors along the creeks and drmnage ways Greenway Corridors One of the most wslonary aspects of the Mobility Plan is to create a series ofgreenway corridors along the major drmnage ways in Denton These greenway comdors wll offer a very exciting diversity of recreational acttwtles w~thm a natural setting and can be used for transportation connections for commuters also Such activities might include walling/jogging/equestrian trails, nature trails, interpretive areas, bird watching, picnicking, and sightseeing These greenways will need to be carefully coordinated w~th other city functions such as engineenng, drainage, and traffic to ensure that a hohstlc approach is taken in planmng any improvements w~th the drainage comdor It w~ll also be important to maintain a wide enough corridor to ensure the natural environment is not impacted by potential development activities Several creek corridors have been Identified with the Mobility Plan as potential greenways to serve as part of a long-range, non-motorized transportation network These include Cooper Creek to the north, Pecan Creek in the central portion of Denton, and I-hekory Creek m the southern portion of Denton Each of these areas differ m natural character and amount of exasting development, but each offer a variety of opportumtles for trail and recreational development Opportumties east to connect to erasting trails like the equestrian trails operated by the Cross Timbers Group around Copper Canyon and the Ray Robert Greenbelt traal that ties to US 380 operated by the CORPS(COE) Public Recommendations Input from the pubhc was concentrated primarily m the need for bicycle tra~ls The number one and overwhelrmng request was for single track dirt bike trmls These are Iow cost and low unpact trmls out rotc natural areas that allow recreation and commumng voth nature The Dallas OffRoad Bicycle Association (DORBA) has cormmtted through our local police contact -Tom Woods to help build these kand oftrmls in Denton There are also potential sponsors through area bicycle shop connections to commumty associations like gawams and others The second largest request was for trads hke the Whte Rock Lake Tra~l that actually bnng Tourism dollars to that area The Rmls to Trails is the first start on that type project but more need to be implemented The Crceenbelts in the major creeks seem to be the best locations for the multipurpose type trails Long term these can prowde access to nature walks including a large comn~tted group of bird watchers who can see more species in Texas than in any other state according to local experts Agmn, bird watclung tours can bnng tourism to Denton in a low impact approach that respects the natural enwronment by depending on it Finally, the City of Denton needs to become more pedestrian and bicycle ~endly to encourage the development and use of these modes of transportation Tbas was a primary concern expressed by all those who attended the public meetings Tirmngs and push buttons at intersections w~ll need to have more time allocated to safe crossings and velucles must be prolubited from turmng across pedestrian and bicycle movements when they have protected phases Refer' to attachment gl-Denton Mobility Plan-Bicycle and Pedestrian Linkages Comnonent. DRAFT Denton Mobility Plan t N Mobility Plan-Pedestrian and Bicycle Linkages Legend Engineering diS Proposed Rails to Trails 6onversion ~ Parks Created 7/11/00 3000 0 3000 Feet Revised 10/20/00, 2/05/01 ATTACHMENT 3 COMMENTS ON BICYCLE AND PEDESTRIAN LINKAGES PLAN / AVAILABIrE FOR COMMENTS JUNE 12-JULY 31,2000 B~ke-O-Rama Name ' Address/Phone No Comments M~cah Daboch We want trmls Kyle Barbour More trails Debb~e Beyea 484-7752 Concerned about Pedestnan/Blke Safety ~ssues Joyce Ledesma 382-2809 More b~ke trads 3020 C Augusta Dr 76207 BMX Parks Patt~ Plummer Pete Brlge~bs 905 Egan Denton BlC¥cle Shop Name Address/Phone No Comments John Holl,and 3220 Shadow Trail Denton needs more I Denton b~ke lanes, bike paths, trmls & signs "Watch for Bikes" Richard Unreadable) 910 Bolivar Same as above Denton ~ n Noreen Gogg~ 3956 Overlake Dr Need for places Denton 76210 to nde close to I Town J~m D~eb01d 1104 Chapel Dr Denton 76205 14 AVAILABLE FOR COMMENTS June 12- July 31, 2000 BluebIrd B~cvcle Need better connections at the Underpass and Overpass at Hwy 380 between COE Greenbelt and the tra~l to the South August 7, 2000 Traffic Safety Committee All commissioners rewewed the mob~hty plan and all agreed more b~ke and pedestnan paths were needed 15 'Jerry Clark - Mean Streets 2000 and pedestrian issues Page 1 ] From Deborah Beyea To' Jerry Clark Date 7/7100 2 43PM Subject Mean Streets 2000 and pedestrian issues I mentioned some concerns about sidewalks to Julie Smith and she recommended that I send you an e-ma~l about this so hero I go I am sure that you are both aware of the study done recently called "Mean Streets 2000" If not. it can be found on the website httD.Ilwww.transact.om/ I am, and have been, concemed for some time now about the lack of 'pedestrian friendly' area in Denton I have sons 12 and 14 who are very energehc and are very capable of transporting themselves on foot or by b~ke to most places they care to go (pool, hbrery, stores) As a consequence, I am da~ly faced with the nightmare of know~ng that they are crossing both Carroll and University on the~r blkes or on foot Nelther is at all safe for either mode of transportation I myself would consider walk~ng to work if thero was a safer means of getting hero I spend at least 10 to 12 hours per week walking anyway in an area where I feel it is less I~kely that I will w~nd up on someone's front bumper Last year, a woman was killed on Carroll Blvd when she acc~dently fell off of the median into the path of a small track I see many people at West Hickory and near Sycamore streets (and other parts of Carroll) running across as fast they can - ~t is not safe tq Wallin, yet runmng heightens the danger of falhng in the path of a car All ~n all, ~t ~s lose-lose for pedestnans at most intersechons m Denton Because of the lack of pedestrian awareness in general, even waiting for the bus ~s not as safe as we m~ght expect We should seriously consider doing the following 1) installing highly visible crosswalks at every major Intersection ~n town and cleady marking bus stop areas on the street 2) downtown area should have crosswalks at ~ntersectlons and where there are attractions such as restaurants and banks (DATCU needs one across Mulberry - their employees and customers have to risk their hves to get across for work or to transact bank business) Th~s w~ll also make the downtown area even more attractive to ws~tors 3) ~nstall at least one overhead foot bddge across Carroll Blvd and also Umvers~ty Dr, perhaps over Loop 288 near the Mall as well 4) at some point, w~den the medians on Carroll and University 5) of course, address the pedestrian ~ssue in all future streets being planned I am sorry to be long-winded, but I have been thinking about th~s for a wh~le now Thanks for I~stenmg I w~ll be happy to help w~th any mit~ahves regarding pedestrian fnendly solutions Debb~e Beyea F~ro Dept ext 8550 CC Juhe Smith 16. ITEM #3 GENERAL BUSINESS Clark sa~d he would quickly bnef the Commission Lo~s Scobee ~s takfng on other duties which ~ncludes managing staff's pavement management program She has got almost a $50,000,000 management program up and runmng ~n less than 12 months A lot of c~t~es are taking 2 - 3 years, so ~t's pretty ~mpress~ve work and we're trying to get her some help on some other duties Pat Kfllebrew has been w~th us 8 months now and doing wonderfully Staff wants to get TSC's ~nput on the B~cycle Plan Th~s ~s ready for C~ty Council approval Staff has gone through several b~cycle groups, and tt has been posted at various C~ty buildings There hasn't been a lot of ~nput The one major input that staff received ~s that b~cychst want to get better access to the Greenbelt across H~ghway 380, so we're going to add a note to that If you are coming up through Lake Lew~sv~lle on those tra~ls, somehow there needs to be access under H~ghway 380 to the Greenbelt tra~l The real b~g ~ssue for all the b~cycle groups ~s mountafn b~ke nd~ng ~s becoming a real b~g ~ssue and there are tra~ls all over the Metroplex and none here There are some options of those ~nclud~ng some areas staff has ~dent~fied to get some mountain b~ke tra~ls I have one final meeting w~th a b~k~ng group tomorrow afternoon, but staff would hke to get any ~nput TSC could g~ve today Our ~ntent ~s to move to a multi-modal c~ty and not just a s~ngle occupancy vehicle c~ty, and hopefully that's clear Staff sees the pedestrian and b~cycle hnkages as both being very ~mportant There ~s a lot of work to do, we're defimtely ~n our ~nfancy stage It's not very safe to nde a b~ke or to walk here, so we've got a long ways to go, but th~s ~s a start Th~s ~s the dreaming s~de of ~t and eventually, hopefully, ~t w~ll become reahty Obwously you have the map here, you should have had a color one from last time, ~t really hasn't changed Staff d~dn't make any comments R~ght here was the connection where they want to somehow get underneath, because th~s Greenbelt has really been a success I think ~f you read the paper there was like 40,000 ws~ts in the first s~x months out there, which Is incred~ble It's probably even higher than that now The reds are primary walking routes The sohd hnes are ex~st~ng, and the dotted hnes are proposed The blues are b~ke lanes and a lot of that ~s exterior recreational type use The Oranges are pedestrian and bicycle connections The yellows are ra~ls-to-tra~ls conversions These green tra~ls, down here in the Greenbelt, long term can be the real stars or gems of the overall system If you have any input, staff would like to listen and ).7. Traffic Safety Comm~ssion - August 7, 2000 Page 2 of 2 not necessanly respond, but just to get ~t down and pass ~t on to C~ty Council Sawko asked ~f there was going to be more money expended for the bike tra~ls, other than the bond money Clark sa~d nght now I do not know of any money the Council's expending towards that There's $200,000 a year ~n the bond ~ssue If they accelerate ~t, ~t would be I~ke $400,000 for the last two years, but the problem ~s a weak s~dewalk system A lot of that ~s going to sidewalks and making some I~nkages on those It's going to take a major commitment of money to get a lot of these The only th~ng that w~ll help ~s to ~dentify outside lanes for b~cycles and get people used to hawng them There was an alternative pedestnan day for C~ty employees a couple of weeks ago Thirty (30%) pement of 1000 employees came That tnp alone saved 44 pounds of pollutants and that's sohds not gases It's amazing how much ~s put ~nto the a~r That's the value of these You know you can I~ve and work somewhere and possibly walk or b~ke to the store, work, to leisure, and b~cycl~ng ~s becoming more popular Sawko said we need more bike trails Ridens asked if 4-wheelers or all terrains were considered bikes Clark sa~d no, those aren't considered a b~ke Those are supposed to be offthe road only R~dens asked if they were going to be allowed access to these tra~ls Clark said he would hope not One of the goals is to get out and enjoy nature and ~f you allow 4- wheelers, there won't be any nature left Sawko sa~d he rides a lot ~n Piano and never has he seen a motorcycle or a 3-wheeler/all-terrain vehicle Clark sa~d the b~ke tracks for mountain b~kes are narrow so 4-wheelers couldn't get on there, there are trees and everything else in the way Walters asked ~f anyone else had any new and/or old business? Motion was made by Sawko to adjourn Cheek seconded the motion Meebng adjourned at 6 05 PM Planning & Zoning Commission Meeting Minutes January 10, 2001 19 CondenseItTM Page 89 Page 9 I intended for ttus waler to go through the flumo as shown I very umquc plecc of property I'm glad that someone It physically has to go to ~s cpmk It chd m 1975 2 s that ~t's an opportuno ttme to develop it and I study was done 3 4 this 6 6 solutlons 7 Plan ~ 7 for 8 8 ~t done right 9 9 And, 10 Longrldge, 10 right answer t have 11 creek now? 11 done m recent 12 MR MCNEILL 12 the right way to go Hoeltmg's analogy 13 you Ol~ay Ithmkthad 13 on fromastrccltoa 14 at this p~lnt I think 14 creek, And I flunk what 15 unless--do 15 r us 1~'~ Is gu~ag to 16 requests? No, I t 16 work and It's I 17 so- 17 hi'lo 18 18 empathize 19 behove I: t okay me 19 easy as 20 20 21 21 MR MCNE[LI~ Othes comments i or Okay Comnuss~onerl 22 ,como for~vard 23 MR WIn[tAMS [movcthedemalofnxactlon MR EDWARDS AS Dale was pomtmg out, this 24 varmnco V 00 19 from Section 34-124(f)(3)(a) of thc Code 25 cr~k that comes through he~ continues and th~ contours 25 of Ordinances Page 90 Page 92 I area Under uadevcloped condmon, this I RISHEL second 2 2 YOU said demal? 3 3 Ma Yes 4 H20-6 flov, s 4 MR MCNEILL a 5 5 second Vot~ on the 6 pipe system then 6 7 the a 7 ,' next item on our Agenda 8 also Thank 8 MR nDWARDS [just want to thank yo~"~for the 9 MR Commissioners, 9 tune that you spent to hear both sides 10 discussion? 10 MR MC'N~ILL ThaIIk yOU vi~y much We 11 MR PdSHEL again 11 appmelat~ your challenge Recolve a report and hold a 12 developers and bmldess a our staff 12 thscusslon and bnv¢ staff feedback regarding the bicycle 13 and our : thay put mtn trying to 13 and pedestrian component of th~ Mobthty Plan I behove 14 find solutions y do And, 14 Mr Clark is going to talk to us about bicycles 15 once again, that's' I appreolate 15 MR ct4,.~ I appreciate th~ opportunity to 16 the tune i 16 present this draft plan I guess I know it's already 17 cnttaally, ' haven't 17 getting late for you so do you want a teal short version 18 ~ed to v o try to find 18 or do you want to go through a lot of the detatls? Ive 19 r tho entu~e 19 5qven you a lot of backup but tlus Is still a draft plan 20 area, 20 Without y'all adopting ~t, it doesn't mean anything and 21 21 obviously, you're the ones that uso It constantly during 22 22 the platung and subdtwslon requnxaneats So I guess I 23 Sonm sites, b~ause of th~ nalm~ of them, 23 n~xt to know how much detail you want since it's starting 24 ~:r~'s pl'ohably a r~ason that tim site has sat 24 to get lata 25 undevelo~xl for tho langth of ~m© that tt has Ir'sa 25 MR MCNEILL unlesslhearotherwiso, TI-Ua PLANNINO AND ZONING COMMISSION JANUARY 10, 2001 ~ge 92 20. Condons~ItTM Page 93 Page 95 I generally speaking, I think people have got a rough Iden 1 Lakes One was at Dena We also -- I personally took 2 So why don't you ~ve us your sunuanry end if we nend 2 these to all the btcycle shops benause the bicycle plan 3 addmon~l queet~ons, then the Cooumssion can ask you 3 has b~n completely -- tbe component has bess completely 4 qu~tions 4 overlooked, and we got a lot of input And if you want at 5 ~ C~AaK okay I'll do th~ shah veteran 5 the next mentmg, if you want those folks to be he~ I 6 ~ MC~It,L okay 6 can get ~an haw to lend tlmr support and - lend their 7 Ma. CLARE okay Basically, the car has been 7 support to this plan because thcy have been ~c renl 8 thc for~ of l~bthty Plans m the past Youhadthe 8 treopers oommg out to lots of mentmgs Aodwcalsoput 9 Thorou~a~ Plan and that was tbe Mobihty Plan In'78 9 ~tupmsomcotherpubhcbuddmgs It's benn before l0 you alsoiadop~d, you adopted a roadway component What 10 Traffic Safety, not to really recommend because they're 11 we'ro t~ymg to move now is to give you a complete 11 ant part of a land use property, but just so they could 12 Mobthty Plan which is going to include btcycln and 12 look at it and, you know, say w~ thought it was okay 13 pedeshnans m cna plan, rail and trucking, ev~iltoally, 13 Council has had tt at thr~ work sessions where two al 14 Veronica and Dave wdl probably be coming to you with a 14 those we~ part of the Park's Mastar Plan and one ts a 15 transtt component We want to give you a comprehensive 15 work session la early December 16 plan tbet~ does more than just talk about cars 16 So I guess v~ think we now have a fairly 17 The blcycla and pedeshnan linkages am not 17 finished project that we would hke you to consider an) 18 trying to define every hnka~ and ove~ sidowalk and bike 18 fine tunmg you'd hke to do or if tt looks hke it s 19 path they'ro going to be What wa're trymg to define 19 okay Thlslsn'tapermanentplan Ifafitdehnkage 20 with it is the crmcal hnkagea And tl~ red Is tbe 20 is out of whack, Planning and En~neenng will work 21 sMewalks Tho orangish ara supposed to be two types of 21 togother and revise it and make it so it moots your 22 or I'm not v~ good with colors I apologize I 22 nesds So there is some flexibthty in the near feniurc 23 think - somebody h~lp me on that color It's kind of 23 to adJust little components that you may not s~e right 24 ycllowish orange Is that okay? It's a two way path 24 this second but you may want to fix m the future Did 25 which means tt has bicycles and walks and that menus you 25 you want to ask somcthmg? Page 94 Page 96 I can do that m two ways One was with a Class 2 path 1 Mg MCN~It,L NO Go right ahead An: you 2 which is eight-foot wtdo and usually off the mad Or you 2 through? 3 can put the bicycles m the road on the outsid~ of the 3 MR CLARK nut, basically, wo'ro ready for 4 lane which Is the uarrent design standard, and then put 4 you to do your finc-ttunng and adjustments to a so it 5 thc l~des~nans m a standard four or five-foot walk up 5 helps you wth your land usc declstons and then move ba~k 6 out of th~ traffic 6 to you for a final recommendaaon All wa're asking for 7 We also have what we think are the real -- I'm 7 is your baste input tonight so we can correct tt the way 8 sorry We kavn the bhie which aro the outly~ng bicycle 8 youhkeit Then we'll go to Councfl onen you've adopted 9 paths and '~e see those bang used more for reerentlon 9 u 10 Although, m soma cases es Denton dcvclops, this yell 10 MR MCNEILL Part of what I was going to ask 11 probably be revised many times on th~ outside ~ as 11 is what tho precess was So you're basically gethng 12 th~s develops But we se~ thosa moro as recr~ation 12 feedback from us tonight? 13 There's poss~ly a few people commuting m 13 MR CLARK YeS 14 And, finally, what we s~ as the real g~m of 14 MS MCHE[LL okay 15 this plen ~s tbe lrafls that will ha m tbe gr~enbelts 15 MR CLARK. smctly wanting fendback tomght 16 hke m C4oper Creek aod P~can Crenk You can mnke 16 to sec if you think wa'va hended m tho right dtrectmn 17 wonderftllhnkag~ You aan get up to tbe gr~nbelt 17 MR MCl~ILL so it vall have to oome back for 18 through those You can get out to the laka Ifyouhved 18 apubhchennnglegahst~lhngma 19 here, you could come to a greenbelt and work your way into 19 MR. CLARK YeS 20 WOrk YgU could 8o to tho hbrary or an event at tho 20 Ma MC~IL~ 1 behave Comaussloner tbsbel 21 CwicCe~ter So wa sen thosa as belng the i'~al ~ms 21 end several others have questlons ComuussionerR~shel 22 To summarize ~al quick, hopefully, you've got 22 MR RISHEL yeS I Just think that it sounds 23 the point that tbere's bee~ a lot of pubhc input ~ 23 so logical to have meetings and proposals and forms and 24 was two pubhc hennngs in conjuncUon with the Park's 24 revl~v at bane shops It's so obvious I would not have 25 Master P]an that you all have adoptad Ona was at North 25 thought of that Ithinkthat'sawonderfuliden Irend THE PLANNING AND ZONING COMMISSION JANUARY 10, 2001 21. CondonaeltTM Page 97 Page 99 l I w~th great Joy the synopsis that you put to~th~ hgt~ and I that helpfully adtlmsses as at the last Counml meeting I 2 I'm very,pleased w~th tho d~rect~on that we're going 2 they'd asked that any streets that we could convert fmrly 3 A coupl~ of tlungs as some of the blkecs have 3 qmckly, we try to do that In this Phase I hat which ~s 4 appeared hero had talked about ts we see blhng for a 4 Windsor, Bonnie Brae., a portion of Oak and Hickory and 5 teoma~oaal ll~ng and we see b~kmg -- and we've laid out 5 Sherman Dave and Hercules, Elm and Locust, if the state 6 a wonderful system and I think th~ Rails to Trails is 6 will permit us to, and Hmkle would be Phase I And then 7 certainly a t~nendoas asset to us and some~ng that a 7 Phase 2 ts all those oth~ roads which would be 2002 2003 8 lot of people ara going to get moro and mor~ involved in 8 The Council was fairly insistent that they wanted, like 9 as the~j learn mom about g But that's th~ recreataooal 9 you said, to start making some opportanmes for people to 10 end of things And one of the things, and I appr~late 10 ge! on the road and make them user fnendly I don t mean 11 the stars that you have put on our bttle map hea~, 11 they'll be signs clearly identifying these as bike reutes 12 tbem's a couple that I rmght have included in here, also 12 and hopefully that encourages people when you're dnwng 13 I doa't sea the lead - the copper plant out there I 13 m tho car and you see that, they know that the b~cycle ~s 14 don't see - maybe I'm wrong but the complex that would be 14 supposed to bo thee with you Does that help any? 15 Venzon, Sally's Beauty Supply, Hulsher on thea~ 15 MR RISHEL Yes, thank you 16 And I'm just wondenng and you may know 16 MS MCNEILL COmlmSSlOner Wfibams 17 hettec than I, Mr Clark, ls there a desu~ by moro and 17 Ma WILLIAMS Yes I nonce down -- I see 18 mom people to nde tbetr bikes to work and how do we go 18 Noumgham to gangs Row to Audra, Audra to Woodrow 19 about getting connectivity from neighborhoods to the 19 Woodrnw to Colorado, Colorado to Mayl~ll Another nmm 20 potential -- to nde to North Texas and I know that's not 20 street that raas into Woodrow is Moms And when I look 21 always an easy task depending on whom you hw In town 21 through hem, I continue to gg the feeling that I'm the 22 But I think Ws going to become a whole lot exSlec voth 22 only person in thc world that knows about southeast Denton 23 ~hat we've done In the Hickory and the Bonnie Brae and the 23 and it concerns me And I think if we would just de annex 24 Oak Strut connections that w~'ve made them So do you 24 southeast Denton, stop them from paying taxes, they would 25 see mom and more bikers, an option -- one of the reasons 25 be happy, since they're not getting any repw.~entatloa Page 98 Page 100 we're going for options in the mobthty flung is to try to 1 Also, you talk about the other people that 2 get some cars off the road The preponderanc~ of cars are 2 you've met wlth Havo you met with Mr Franco at Denton 3 caused by trymg to get to and from work So ts that 3 Housing Authority because people get trapped ~nto 4 connectivity to business centare, ts that someflung we're 4 subsidized housing because the jobs that they have you 5 gomg to be workmg mom and more to? 5 miss one day you re fired because tlvsm's 50 people 6 MRCLARK Yes, tt'sverymuehso Andwe 6 wmtmgforyonrjob Have you talked to htm at all about 7 didn't try, llke on the rail and truclang, we tried to 7 this plan, tlus brite plan? 8 identify all of the various large employers But on flus 8 Ma CLOAK we dida't talk to hun but I didn't 9 one, these are pretty much the same major lecatmns that 9 know if you noticed, we did specifically try to 10 were on the Park's Master Plan And so if you wanted us 10 incorporate that section and make that coaneotmn and also 11 to add some other ones, we could do that Thc real 11 Crawford is made at a connection 12 tmportantthngswethoughtwemltkeitidonttfiesthe 12 Ma WILLIAMS ldzdntseeCrawford Where 13 University of North Texas and TWU It identifies parks 13 is Crawford? 14 that you could go m between and do the connecttons If 14 MRCLARK crawford is nght here and a goes 15 you wanted us to add some additional shathng for 15 up past -- 16 employmontconters, we onuld do that hke we did on rad 16 M~.WmLIAMS oh, Ws on your map Inother 17 and trucking That wouldn't really be that hard 17 words, I was reading your words 18 MR RISHEL I tlunk the stars are doing some 18 ~ et.nlu~ okay l'm sorry 19 of that 19 MR WILLIAMS okay 20 MR CLARK okay So I guess we're open on 20 UaCLAa~ NO And ffyou wanted to meet 21 that But we didn't try to put every one of them down 21 I guess I shauld menUon and Dave might he able to give 22 here These were just the same basic ones that wcre used 22 moremformeUon, I ~nk them is a request to put a bike 23 for the Park's Master Plan 23 path on Moms And if you feel it would be appropriate 24 The one ttung I thd forget to mantion that's 24 we could add a b~ke path on Moms I mean, that s a good 25 at the end of the memo wluch lt starts voth Phase 1,2001, 25 connection Andlfyou feel people would be -- TH~ PLANNING AND ZONING COMMISSION JANUARY 10, 2001 22 .- CondcnsoltTM Page 101 Page 103 I MRWILLIAM$ ithmkitwouldglved~m I mstead of dnvlng thetr cars and hawng tho safe the 2 opportunity 2 whole pnnclpal is just to feel safe on your blcyclc And i 3 MR CLARR okay I think that would bi: a 3 counng from Arizona whea~ you've got big b~ke hnes b~g I 4 g~at one and that already has a significant amount of 4 ear lanes, you've got signs that have a bicycle with a car 5 sidewalk so we could pmhably put a gold mute on ~ 5 that say share tha road So you're constantly rem~nded 6 Or whatevor color that is, I apulognso for not doing so 6 that this is for everybody, not just for tha cars Those 7 well on that Yeah, we could add Morris Street in In 7 are my main concerns mainly for the students because 1 8 fact, Dave can give you some mor~ detads on tha btka path 8 think they're an untapped resource for bicycling if we had 9 submittal that's going to go to CDBO this year in that 9 the opportumty to give ~t to them 10 process 10 And also I did have a question though l I MIL WILLIAMS Thank you l I MR CLARK can I mention something on Bell 12 MR MCNEILL. commissioner {~oUrdle 12 for you ~al quick? 13 MS ~aOUROIE Very good on this Thank you 13 MS OOUP. DiE sure 14 fordnnkingaboutth~cycbsts Myconcornmostlylstha 14 MRCLARK we have talked to TWU ln the pas! 15 universities I a~e OVer towards UN'I just Avenue C, which 15 year to two years and they have not been interested in a 16 is going north/south across University, and for the hfe 16 bike lane on Bell But we could go back before we corec 17 of me I've driven it so much and cannot remember tho name 17 back to you next time and ask them if they'll reconsider 18 ofthatoaestreatthatcuksnghtthroughtha 18 that Just oae last try to see if th,~"rc - becauso I 19 university -- 19 agree that that is a wonderful connection 20 MR CLARK ASa yOU talking about Welch? 20 MS OOURDIE. And, If anything, g's great for 21 MS OOURDIE Is that what lt ls? Whe~the 21 the penple that maybo want to ge to Walgxeens or go to 22 parking garage is? 22 Molzless 1 mean there s a whole untapped resource on 23 MR Cl.,RI/ Yes Welch Road 23 Umversity Drive that someone might want to b~cycle up to 24 MR. ~]OURDIE correct [ thlok that would be 24 which would be a great path to head up towards 25 an unporlant road hacause whan I wear to school there, I 25 MR CLARK I actoally persunally tad~ through Page 102 Page 104 I just used the Welch side nde and I would have loved to I there so I do use that 2 have had a bike or had that opportumty But, of course, 2 ~ns OOURDIE DO yOU? Good for you And also 3 I wouldn't have done that I value my life way too much 3 the schools, I see all these -- I'd like to sea more 4 MR CLARK Can I address that real qulck'~ 4 oppotlluntles for people to ride to then' high school or 5 MS GOURDIE 5~.t'¢ 5 elementary school if their parents would let them, if it s 6 MR CLARK Hopefully, it will be positive 6 a safe sit, renan So that s my main concerns are the 7 Right now the lanes are small, and Dave may be able to 7 schools 8 correct me on this, but I think they*re either ten or 11 8 MR MCNEILL COllUmSSlonor Holt 9 feet So to add that bike path on the otltstde edge would 9 Ms HOLT MS Holt t0 be dtfficolt But I know this Is ~nd of opening 10 MR MCNEILL Pardon me? 11 something that really hasn't been approved but UNT ts 11 MS ~{OLT I ti ought yOU said Mr Holt 12 evuluatmg whether or not to convert Welch Street to a 12 MR MCNEILL NO I said Commissioner Holt 13 smular situation as what Bell ts, which it has the same 13 MS HOLT [ guess this IS -- on [~41ngo Road 14 capacity If you go mto the vade medtan and the smgle 14 them is nottung along Mmgo that goes along that road or 15 lane and, then the turn lanes, I think there would be room 15 up by Wilson Elementary straight up there 16 for soma bicycle lanes m the outside edges and than we 16 Ma CLARK Hem'S Wilson right hose and so 17 could add that tn 17 you have this connection You have the connection between 18 MS GOURDIE I think that would be a great 18 these parks 19 opportumty for the UNT students And then I look at TWU 19 Ms UOLT NO, I know, but from Wilson down to 20 and, again, there's only the Locust -- I'm sorry, not 20 Mmgo Road, go straight down 21 Locust, but the one street that's to the west of -- which 21 MR CLARK okay 22 has existing sidewalks according to your map 22 Ms HOLT And I use that Mmgo Road all the 23 MR. CLARK OakJ. and? 23 tune and thare are so many bikers on that road and that ~s 24 MS GOURDI£ And, agmn, I think that's a 24 ovideatly a big path from somowh~n:: to somowbore that 25 prime area for the students to get on then' bicycles 25 people uso a lot And it's so clangorous because :t ~s THE PLANNING AND ZONING COMMISSION JANUARY 10, 2001 23. CondcnseltTM Page 105 Page 107 I such a narrow road And tf there could be some land of I MR CLARK Years ago, the university asked us 2 connection tn there and ~ven -- what Is the Inthan names 2 to abandon that and thc whole sys~m 3 of thosc~strects back in there? 3 Mn Met, miLe nut, SC~, when you cut -- when a 4 MR CLARY~ yes, Creek and Choctaw 4 student rides his bicycle to the umvesslty, you cannot 5 MS HOLT CJloctaW and all those beck tn 5 nde the bicycle on campus 6 them 6 M~. CLOAK We're hopln8 ©vgtuuully that will 7 MIL CL~OU~ V~ Well, let mc toll you one of 7 change Just to let you know, we d~d go to a Safety 8 tho reasons that we toed to avotd this fur awhile is 8 CommlRen mectmg, and you probably know tlc exact name of 9 there's real severn nght-of-way probleras tlgro Tho 9 that, at Nurth T~xas and briefed thom on this end they 10 radroad actoally owns up rote our road m a lot of cases 10 were generally m agn:emcnt vath tt I think long tcxm 11 One of the things that mtghi wurk that I don't know tf you 11 they wdl consM~r some changes, but wanted this to go m 12 could officmlly classify as a bike route, but we could 12 first 13 possibly, some of the new flanks are called, what, single 13 MR MCNEILL [ Ve hved all over tha world tn 14 track which ts Just a hffic narrow path about that veda, 14 venous spots and we're one of the few coumnes where 15 but that's what they nde tho mountato btkes on And that 15 people don't nde bicycles I mean, I've bean places 16 ought fit tn thc bar dttoh avia on this stde I don't 16 whom ~t's hicyclo rush hour And it's wonderful ff you 17 know if you'd offictally want to - btuIusethatruada 17 can tfwocanaccomphshthts These'sanest 18 lot too and ther~ are a lot of mfact, when w~ do nde 18 assoctatedwghthis That's my second questton Whats 19 mto work, I have to usc tt a short dtstanen and it is 19 thc addtt~onal cost of putting these btcycl~ ts it 20 pretWchalleng~ng Thenght'ofweyissueslswhat 20 how do we do that? What's the cost to do this? 21 concerned us thare We would bc open to add tt It's 21 MRCLARK wcll, somcoftheschkehopefully 22 JUSt to put tt In and to really do it corr~tly, you'd 22 we're proposmg thc Phase 1, Phase 2, they should be 23 have to get approval from the mtlroad and that's usually 23 fatrly mmor I don't know if y'all have noticed but on 24 one to two to three years and that's p~tly challengmg 24 thc Shady Oaks Road that :s stubbed out to here, there s 25 MS HOLT well, what about gemg north/south? 25 btcyclc lanes butlt with that and a takes an extra two or Page 106 Page 108 I MR CLARK WOII, Ruddoll could bo added I three foot of pavement on each side, which ts expensive 2 MS HOLT auddell 2 but long-term it should be worth st That w~ll allow you 3 MI~ CLAR~ And up rote Olenwoo~ 3 know, folks that are in southeast Denton, ff they are 4 MS HOLT Yeah That seems hke that would 4 employed over on 288, to get over there So we've tried 5 bc -- because those ktds, unless they've redtstncted, I 5 on roads hkc that to consider ~t 6 mean, I know they redtstrlct all the ttmc, all of those 6 MR MCNEILL And I agto~ with Comnussloncr 7 klds go to Wdson Elementary They used to I don't know 7 Gourd~e that one of the problems of riding hicycles ~s not 8 if they still do 8 ~t's the safety of ndmg that hecause of the people m 9 Ma CLARK I thmk that this onc could bo 9 automobdes They don't thmk about penple on btcycles 10 added and I don't think there would ha any concern In l0 and, you know, they'll run over you and not oven realize 11 fact youknow, IhveupmthlsareaandIusothat 11 you'mthore So l thmk lt's fine to put m the paths 12 route, Ruddoll and Olenwocd So I don't know what y'all 12 but we better have a pubhcity campmgn or something that 13 llnnk about that route but it's probably tho best one in 13 gocs along vath th~s at thc same time 14 the area 14 MR CLARK That's a good ~dea 15 MR MCHEILL A couple of things A comment 15 MR MCNEILL Yeah I think, you know, It s a 16 on Commtss:oner Pashal's comment about professors ndmg 16 cultural thtng we're dealing wtth Tins ts Texas and 17 hicycles, unfortlmatoly, I don't sec a lot of that I 17 people hke their cars end we love our cars I fit right 18 think argmng against this ts kmd of hke arguing against 18 in there I hkc my car 19 motherhood I think it's a g~at tdea to encourage folks 19 MR CLARK we do have our Pubhc Informatton 20 to nde hicycles Unfortunately, we have a culttlre 20 office that probably can help us do exactly what you rc 21 problem ~ in Texas and we love our cars And so, you 21 talktng about, if we can get thts adopted 22 know, we had it -- when I first come to Denton, the~ was 22 MR RISHEL Wh~O gas gets to $4 00 a gallon 23 a btcycle,path from tl~ utuverslty along Htckory, all tho 23 they're gotng to hke thor btcycles a lot better 24 waym, a~d that has bean conv~ to parlang spaces now 24 MP. MCha!tLL tdon'tknow I don't know that 25 I don't know what tho rattonale was for that 25 that'strue I really don't Ithinkthatthapnceof THE PLANNING AND ZONING COMMISSION JANUARY 10, 2001 24. CondenseltTM Page 109 Page 11 I I gasohn~ I can x~member when lt was ten cents a gallon I baslcally an att~mpt to get this component started Th~s 2 and welm still drlvu~ just as much as we did when ~t was 2 is a component that will see a lot of development The 3 ten cents and people were malong $1 00 a day 3 Planning Depar~aent will be heavily revolved m th~s 4 , MR RIaHEL BUt your dollar propomonate 4 David Salmon in the Engmeeaqng group wall be involved 5 wouldnit -- 5 But what we have now is what's called a t~uck route map 6 , MR MCI~mL well, I know, but we could 6 and all it does is show -- I don't know ff you can see the 7 dabatetheecononucs But I'm not oppusmg tlus I'm 7 titleupberebutttjustsaystruckroutemapandwehave 8 just saying the~'s some real challenges m getting the 8 black hoes and it just shows which roads you can dove 9 cmzens to begin to utthze this And we need to work 9 ~ucks on So thut's our existing situation 10 at, not just put~mg m tbe infrastructure, but making it 10 The movement to our proposed rail and trucking 11 an ~nc~t~ve to nde your bicycle instead of driving your 11 component, really it does not change any of the truck 12 car .And as Commissioner Risbel says, I tlank that is cee 12 routes except that it does correct and remove the 380 13 mccutive Es tbe economics 13 truck route that v~nt through town and get that up on Loop 14 MR ~usaaL And when you look at those 14 288 so that that's cleerly corrected Then what a does 15 European towus thut you admire, pert of a is thut tbey 15 is really not request anything It's more -- must of 16 have $3 00 and $4 00 and $5 00 a hter of gas 16 what's m th~s component ~s information to help planners 17 MR MC'~maLC mght And automobiles cost 17 and people that come into thc City look at things What 18 more Th~e'smorelaxontbeautomobdotha~ That's 18 we tned to add wus all the major tracking ercas hke you 19 correct 19 can see the United Copper and SafetyKk~n and Sally Beauty 20 MR CC.~K. t don't know ff you've seen it, m 20 hare We've toed, and I'm sttre we've nussed a few and 21 the last two years there have been some b~cycle groups 21 those can be added m, but we've tned to show where most 22 formed ~nd they're tt~ng to gat out and, you know, not 22 of the major trucking entrees are And they include 23 during leak hours but dtmng to make themselves known 23 schools and shopping centers, the universities They have 24 so people wtll start accepting bicycles 24 b~g dahvenes all tho nme 25 MR MC~EILL ARd ~ one llm© I saw n group 25 What we also tried to add then Is zoning and Page 110 Page 112 I dmng that, they were doing more harm than they were doing I that's what we're showing you bere Is your major mteos~ty 2 gend because they got right m the huddle of tbe street 2 urens, where there's Commercial zomng to where you re 3 and you could not pass h was on a one way s~et and 3 gemg to have the opportunity for trucking to be a major 4 you had to dove down the street or tun over one of them 4 part And then you can design your roads correctly You 5 And that's the wrong kind of pubhclty for getong folks 5 can make your radiuses bigger You ought make your lanes 6 to nde bicycles 6 b~gger m those areas So this kind of shows you the area 7 MR. CLARK. a agree 7 where trucking will be a h~gber emphasis 8 MR. MCNEILL Well, that'S my soap box 8 Thc second component of thts ~s the refls and 9 Ma. CLtd~ could I real qmekly confirm the 9 we've tried to show, you know, the Missouri Pacific which 10 ones I flank you askaxl to look at? It was lVlmge, Moms, 10 Is also known as Umon Pacific and Ws got tha Raft to 11 BellAvenu~,endOlenwood/Ruddell Westhutth~hst? 11 Trafl reserve here Andthenwehaveour^?santeFehne 12 Pretty close'/ Okay 12 right here and then it shows the spurs and we'll make sure 13 MR MCNaILL soutduspmnt, wedon't need 13 - I don't know if Umted Copper has tbe~r spur m or not 14 a moUoa or anything You just needed this feedback and 14 but we also are trying to show hem -- and I hope your map 15 then you'll come hack w~th the modified plan at a later 15 is enongh to se~ these, lmt theee hnle crossings 16 date for,us to consider recommending to City Council 16 Crossings are a major issue as we found out with 17 MR. CLARK nnd we'll also add the oommeut 17 Nottingham We had to trade two erossmgs ex~stmg to get 18 about ac~hng the eclueut~on campaign through our Pubhc 18 that one new one and all the railroads have adopted that 19 InformaUon office, too 19 position 20 MR. MCr, tutu. okay Commassaoaers, any 20 And, an fact, th~ ongmally wanted three 21 addmonal comments or qucsttous'/ Okay Ve~'y good 21 from us So long-team, there probably needs to not 22 I llnnk you have Agenda Item 13 also, 22 probably, there needs to be a plan that looks at all the 23 Mob~hty Plan for the raft and truelang component 23 crossmga and Uqes to plan where they should be and where 24 MR. ctaUUC I apprecmto th~ opportumty to 24 Ilgy will be and compa~ tbe ones we have and see ff any 25 presmtth~nulandtmelangeompooent Tlas~s 25 ofthemaroexpendablc And that's not to do that THE PLANNING AND ZONING COMMISSION' JANUARY 10, 200~1 25. CondensoltTM Page 113 Page 115 I tomght This is strictly just to identify them and get I most of that's al~ady developed resideotml and so I 2 us staiefecL 2 don't ll~nk you'll find a heavy movement of trucks 3 But long-term, do some master planning on that 3 Really, thc problems that arc encurnng up here are due to 4 so that when you come m and put a new roadway hke this 4 poor desige of tbe mltml shopping centers and thc fact $ one In, down here that needs a railroad crossing, you say, 5 that they va~oo't designed far enough back so they could 6 well, twanttlus ^nd you can say, woll, hcro'swhatwc 6 get th~r trucks out Thcynanumzctlm'sttesand 7 have tO gtve up to get that new one And unless the 7 brought thom out as close to thc lntersccUon as they 8 lawyers help us change all that and you lie back to where 8 could and that's why people hove trouble gelling OUt of 9 you Just get them, I don*t sec how you get around that 9 tho Albertson's shopping center 10 But that's another component that's here 10 MS OOCUtDIB well vath the proposed 11 Again, we do have the Rmls to Trmls 11 mdusmal area for Unicorn Lake, it's going to ho 12 Conservatory shown here And, basically, I don*t think 12 lntoreaeng to sea with all the mdastnal, thc intensity 13 wc'rcaddmganytlungspcclal Hopcfully, wc've got tho 13 use that's going to hoppen m this area Th~slsgemgto 14 bcgmnln§s of it planning document Hopefully, R's a 14 chonge thc whole street there 15 major step forward frora tlus which ts what we havo now 15 MR. Ci.~aC LanJ, may be able to holp you oa 16 which ls Just a thick route to help keep big trucks off 16 this but I don't think it's showing anything 17 the roads 17 ,vis OOUROil~ yeah, there's thc whole Unicorn 18 MR MCNEILL commissioner Gourdlc 18 Lake right in there It's a little bit further down thc 19 MS GOURDIE Thank you Could I sec your 19 road 120 truck route map again'~ More the south part, I'm looking 20 MR CLARK unicorn IS OVer hero 21 at exactly Lflhan Miller, to be honest vath you 21 Ms OOUROlE Yeah But there's no way - 1 22 MR CLARK Ltlhan Miller, you satd 22 mean, they can strictly only go south When they come in 23 MS GOURDIE Right 23 they hove to go straight back south and thor's no way 24 MR CLARK And here's Teasley Herc'sthe 24 north Imean, I'mjast -it'sjustacoaccro Of 25 mtarscCtlon of Ltlhan Mfllar and Tensity 25 course, that's wher~ I hvo but I can't imagine howng big Page 114 Page 116 I MS ~OURI)IE And so Ldhan Mailer is -- from I huge semi trucks, especially with that hale badge they 2 whet I've bean rcscarolung, it was never a proposed truck 2 clunk over So it's going to ruin thc whole neighborhood 3 route It was always considered just a regular collector 3 pretty much if that's a marked truck route Which If 4 or artedaL whotever the correct words are for that I'm 4 that's the case, they're supposed to be marked truck 5 just, in my nund, a httlc concerned because these are big 5 route is that correct? Thc roads are? 6 ng trucks that can go down this road These are 6 MR CLARK Yeah, most of the truck routes arc 7 Peterbilt trucks hanhng stuff We tins road can 7 marked that way 8 barely handle what it's got, the Ldhan Miller part from 8 Ms GOURDIE Yeah, bl~:aese I've never seen 9 Teasley to Ldhon Miller And I can't lmngmo making it 9 that up there Okay I just think everywhere else I look 10 a permanent ~rank route 10 it's very obvious that thos~ are truck routes Those are 11 MR CLARK well, it's shown to be a truck 11 major parts To me this just looks like an outlet to try 12 route I'm not suro whom tho other mfunnation came from 12 to get people to go somewhere And being that it ~s 13 but I'm not aware that it has ever not been 13 completely residential, ~t's just an interesting 14 MS C, OUROI~ m~cause when I first moved out 14 perspective that I have 15 here, I looked for that and it was a two lane road that 15 Ma cLAR~c okay Well, this was originally 16 was proposed JUSt to be a thing and that Teasley was the 16 adopted in 1988 This was approved m '94 and primarily 17 proposed truck mute to the 2144, whatover that is 17 what it thd is dealt w~th some Moms and M~lhng and 18 That's what tho real truck routo was So I personally am 18 concrete lssuea down hem on Prame Street That was the 19 aba confused about that because, one, tbe road can't 19 amendments in '94 That's really the only chonges that 20 hondle whot it's got right now It's al.n:ady ovorloaded 20 were made But I mean if it eventually nseds to be 21 There's ,no way for trucks Io turn around ~ havo a 21 amended, this is the exact -- this document is tho same as 22 very difficult time.lust get. ns out of tho Albertson's 22 the other that if long-tonn if Lflhan IValler or 23 shopping ceotor I question what it's £olng to do to th~s 23 short term whatever y'all dec,de, Ldhan 1Valler needs to 24 part of town and I find that to ho inter, ting 24 go away, tben it can I mean, it just necds to be 25 Ma CL,~X well, I think you'll find that 25 evaluated THE PLANNING AND ZONING COMMISSION JANUARY 10, 2001 26. CondenscltTM Page 117 Page 119 I This adoption of thta plan Is x~eslly jllSt 1 thcall on 2 mamtammg~ tho santo data as m the other one and if y'all 2 MR CLARK. That's the primary issun that they 3 decide that you want to put Lllhan M~ller as one that 3 use for oaforeemeot 4 or~s to be l'c~'valunted, I would ask maybe you consider 4 tea. RISHEL okay And then contained in that 5 adopting tlus framework and say as tins consider reloolang 5 same secUon you had a hazardous materials mute map 6 at Ldhan Miller, if that's one of your phonies 6 MR C'L.~IC 7 MS OOUm~I~ Thank you 7 tvlR RISHEL ^od I don't know if you're going 8 MR. MCI, aIILL commissioner Rlsbel 8 to discuss that separately I want to make sm~ we 9 ~ tusHl~t~ You'll be happy to know that 9 understand how that interfaces with tho rest of our City 10 thc~ was actually a proposal by City Council that we say 10 and community and where th~s hazardous waste is conung to 11 on all these mutes Pctcrbdt trucks only, but that 11 and going to 12 thdn't pass, I don't tlunk 12 MR MCI,mILL could I request, before we talk 13 Would you teal mo tho meohamsm - and I know 13 about the hazardous was~, I have a qu~sUon about the 14 oun of th~ things we wc~ waiting for when we had talked 14 track mute I'm son*y I thdn't reahzc yun were going to 15 about tmplemcotmg tho truck only pathways through town 15 take that away 16 was v~ we~ waamll fur sinus to gu op before we could 16 MR. aL~RK cae you s~ It Off this? 17 enfore~that What ls tho procedure now for a trunk 17 MR. MCNEILt. Yeah, thai'slice Oenerally 18 that's conung, example, from Aubrey or something and it's 18 speaking, I guess I have -- Counh3, Club Road damps rote 19 dchvering to a specific point, example, ~ campus, where 19 Hickory Creek and then that becomes a ~ruck route, 20 they could be on 380 coming from somewhere un here? Is 20 according to tl~ way I ~ad this 21 thc~ a pernut that tl~,,'y have to requn'~ ur do they just 21 MR aLARK I think It's 1830 all the way down 22 have short point of destination? 22 the~ 23 Ma. aLAR.~ They have to have their bill of 23 MR MCNEILL what I'm really - the question 24 lading which shows wlx~w they're going and then they and 24 I'm really raising Is Hickory Clx:Ok is a truck route 25 the police officer would look and see if that se~ms like 25 MS aot~aOl~ 'that's true Page 118 Page 120 I generally the shortest route They didn't go all the way 1 Ma aL~: rbese am proposed That's 2 through town to get to someplace If it's generally the 2 something that you can give us input on That's one 3 shortest route, then it's all right for those dehvenes 3 difference of this map and the other one We've shown you 4 MS. taSSEL okay And that has been fatrly 4 some proposed truck routes and I guess tbe reason that 5 well ree~ved by most of the troclang companies from what 5 those were put in there, and that's something I guess 6 I understand? 6 you-all need to look at is that If all ti~ tracks go up to 7 MR CLAP, K Yes 7 tho mtersect~un, that hurts your capacity at th~ 8 MR. IUSH~L And wl~n wa See trucks going down 8 mtersectaon of 377fl-35 You can alumoate those You'd 9 our ne~$hborhoods that are other than moving vans, should 9 still have this one connection here which is the proposed I0 they in theory have a special destlnatmn? I 0 377/35W connector But you could chromate the Brush 11 Ma. aL.ia,i< rh~wun'thaveapa'ma They 11 Creekandthisonnifyouwantednonetocomethruugh 12 should have -- hke, I don't know, some of tho food 12 them 13 service trucks that come down ther~ I'm trying to think 13 MR MCNEILL T[~ next street north of Hickory 14 what else 14 Creek is Brush Creek, isn't it? 15 MR mSH~L well, I'm trying to think right 15 MR ccnai< ?l~s is Brush Creek he~ and 16 now, obviously, right around tl~ corner from myseff is the 16 that's H~ckory Creek there 17 high school has a lot of activity going on right now so 17 Mn MCrN~ILI~ Yeah, and Hickory C~eek 18 thor's obviously dehwry of brick and block and all 18 Mn CL~X alckory Hill Is down here but 19 sorts of things and a lot of trucks In that area And, of 19 that's not 20 course, ,there's no truck route at all in that lmm~hate 20 MU MCNI~ILL NO no I'm talking about 21 area 21 Hickory Creek, the one that has the truck symbols on ~t 22 MR CL~K construction is land of an 22 Ma CLnRi< Hen:'S Hickory C~.,k right here 23 exception 23 No, that's Brush Creek I'm sorry Here's the school 24 MR. alSHEL y~ah But as long as th~x~'s a 24 nghther~ 25 destmatton point of a bill of lading, they would pass 25 Ml~ MCNEILL night Yeah THE PLANNING AND ZONING COMMISSION JANUARY 10, 2001 27 CondcnscltTM Page 121 Page 123 I Ma CLARK That's a proposed That's one of I need from y'ail on th~s And one of th~ thmgs though you 2 the flungs -- I guess I've rushed a htfle bit on flus 2 could do is say approve it all ~xcept ehannat~ all tho 3 MR. MCNEILL I would question Hickory Creek 3 future truck mutes and wv'Il restudy thea~ again at 4 as a truck route And I know you've got to get from thc 4 another lane 5 west to tho east but that really is a residential area m 5 Mm MCNEILL commlsslonel' Apple 6 there now, heavy resldentiul area 6 MS APPLE. Yes I shar~ a smular concern MR. CLARK Eventually, it vail be slx lanes 7 about Hlcko~ Creek and Brush Creek, also I would $ divided wluch normally allows -- 8 consider those to he, unless, as you say, m 20 to 30 9 MIL MCNEILL Hickory Creek will? 9 years when they're substanUally unproved I0 MR CLARK Yes That's probably 20 to 30 10 Ms ct. ARe you could put som~thmg m the~ 11 years out 11 that say they need to bo six lanes before the~'r~ 12 MR MCNEILL okay So would It not become a 12 designated or semolinAS like that 13 truck route until It became s~x lanes? 13 MS APPLE At any tm~ before that because 14 MIL CLARK YOU could delay that or you could 14 that is - there has been so much residenual braiding 1: elmunate it Ttus is just what w~ feel -- If you look at 15 along both those roads that u's preny much total 16 the area, if you don't have some routes through there, 16 residentml on Brush Creek for that whole length and 1 ' there's a good chance that they're going to start 17 Hickory Creek is becoming that way 1 $ shortcuttmg through neighborhoods And that's the 18 ~ Ct~RK That's something for y'all to 19 pnmary reason that we put those m tbere ButI'mglad 19 consider If you would ratbor hold off oa -- 20 you brought flus out One of the flungs we need you to 20 Ms APPLE And there's a load haut badge on 21 look at is, you know, we~ve tned m the case to show 21 Brush Creek now that wouldn't I know there's a problem 22 where you would have some future truck routes, and they 22 now with trucks coming down that road that the badge 2~, didn't really come out as well on flus httle map as they 23 doesn't support and it's deteriorating tho badge very 2. do on the big one 24 badly because at does have a weight limit 2- MR MCNEILL okay Well, I'm not proposing 25 Ma CLARK would you l~ke me to add that Page 122 Page 124 ~ you change it I just raise that as an issue for us to I Brush Creek and Hickory Cre~k and whatever this read is 2 consider 2 a doesn't have a nmne yet, would be -- would not be truck MR CLARK And you can always amend that 3 routes unul they w~ six lanes to th~s background? 4 later, too, If you decide that's inappropriate, because 4 Ma MCSEtLU ~ guess my -- ~t's a fine hen It's not now But flus ts intended to be a future, same 5 we're wallong here because we've got to have services 6 with ttUS That's a future and, obviously, th~s since 6 dehvered and we've got to got these trucks m and out and It's not there would be a future 7 we've got to got tbo material so I guess I just $ MR MCNE1LL YeAth Thc one on the left 8 MR CLARK it ~S a fine line 9 there, that's the Loop 288 extension proposed 9 MR MCNEILL Yeah, and I just have a concern !0 MR. CLARK That's the western loop 10 when I look at all that residential development going down 11 MR MCNEILL Yeah, and that would obviously 11 there and we say to truckers this is the place for you to 12 be a truck route Then that makes sense 12 come mto town Yeah So I would suggost that you 13 MR CLARK Hopefully, flus would -- flus ts 13 evaluate that 14 gorug to have some resldenttul on it, too, though But 14 MR CLARK well, do you want thon taken 1 ~' somehow you've got to get some connection there 15 completely off~ We can do that, too We can chromate 16 MR MCNEILL It could .lust be the connection 16 tlus whole sectmn if that's the oeo that you're concerned 17 between 35 and I guess that's 377 there That could be 17 about 18 just hke the loop on the north, land of a limited access 18 MS APPLE welt, without substantial 19 Okay That's fine 19 ~mpruvements on both H~ckory Creek and Brush Creek, there 20 MR CLARK Are you tallang about m this 20 ~s barely enough room for two cars to pass 21 section? 21 MR CLARK i would agree it wouldn't work 22 MR MCNEILL Yes, yes 22 now 23 MIL CLARK It probably won't be limited 23 MS APPLE ff a truck w~re gums down the 24 access because of the way it's developing with the 24 road, that would bo so I would tend to take thcan off at 2: rasldantml But flus ts the land of input, y~a[l, we 25 this point THE PLANNING AND ZONING COMMISSION JANUARY 10, 2001 28 CondonseltTM Page 125 Page 127 2 wo~ng ~u'~ su~ng ~s ~o ~ off ~1 ~'s 2 Ryan Ranch, w~ wc'~ ~mg ~ n~ bn~ now w~ch 3 subs~nflal ~pmv~t m ~ ~ 3 was ~ worst one But ~'s s~H ~o ~ ~ o~ 4 x~ ~ well, you co~ say ~ul ~'~ 4 p~ w~ -- 5 sm ~n~ w~ch ~s ~en fo~ lan~ ~ wou~'t ~ 5 MS nP~C~ v~, do~ w~ ~t c~ ~o~d 6 ~ ~t ~y 6 ~s ~d~ wa~ 7 x~ ~mL well, I don't ~ow ~t I'm 7 M~ ~ x~'s a~o n~ ah~ 8 ~dy ~ say ~t but I would say ~al ~'s 8 1~ at ~ ~ possibly ~ ~ ~t comply out of 9 subs~a~l ~pmv~t m ~ m~s~c~ of ~ ~ad 9 ~ ~p~m on ~s ~d ~s pa~ ~s obwo~ly not 10 xfs~Pc~ Y~,~auseat~opmnt~ 10 safc and you wouldn't want m uso ~t lt'sacmaHydo~ 11 ~c s~ hn~, ~at would ~c~ch upon ~ ho~ ~t 11 m ~ fl~y p~ of ~t 12 ~so~two~'t~ap~b~ 12 ~M~ILL okay Co~ssmn~Wflh~s 13 ~ M~[LL ~ ~ you'~ bnng ~s back 13 M~ WlLL~S Y~ ~y~ I'm l~hn8 at 14 ~ ~ c~n~ and ~n ~'~ cons~ 1t ~m 14 ~ck ~n~ dfff~y from you but ~t s~ ~c yo~ 15 XmCL~ v~ Soyou~nt~s--I~s 15 dcfimaonofa~ck~nc~sa~ckgomgou~dcof 16 I n~ ~ find out you ~nt ~s ~ just say ~t w~ not 16 ~n~n, not a ~ck m~ng ~hvm~ m ~n 17 happen ~tfl -- substantial probably n~s to ~ a I~RIc 17 MR ~K NO, a ~ck ~u~ w~ch 1s 18 mo~dcfim~ 18 ~llyland Im~n ~twouid~Justw~could 21 nm ~ ~ you f~l ~at fo~ ~n~ ~s 21 MR CC~K ~S wh~ ~'s a pass 22 subsmnUal~ 22 ~o~ A dehv~ ~s aHow~ A ~ck rou~ m~ns ~t 23 xm ~ILL e~h, I f~l g~ w~ fo~ 23 ~'~ gmn8 ~ usc ~t ~ go ~ou~ from one pom~ W 24 lan~ Y~ I co~d hw w~ fo~ lan~ 24 ano~ 25 Ms ~PLE [ couldn't ~en mt~m ~ause 25 MR WILLIAMS okay B~t ~ w~t ~ Page 126 Page 128 I ~t would d~d tf building ts ~ntmu~ on the~ You I m&mg about, ~ck lan~ or ~ck rou~ 2 ~ow, ~ho ~ow$ 2 MR ~ 3 M~ C~ The only t~ng ~at I -- ~mn, 3 ~ wmc~s okay ~y do ~ ~t so many? 4 l~e I ~ telhng you I wo~ about, tf you don't ~e 4 B~ause m mc 377 and ~p 288 and 35 ~s enou~ Ino~ 5 any pl~ for ~em to go, ~ey'~ Just going W ~ve 5 words, I can't und~mnd why a ~ck~, ~l~s 6 t~o~ the~ 6 ~oppmg off som~ng ~at's some con~aband, would want 7 M~ MCXEILL Rt~t ~at's my contra 7 to come ~ou~ ~nton m fie f~t place 8 You've got to get them m and out 8 MR CC~ YOU can't ~lly s~ all ~e 9 M~ C~K And at l~t wt~ ~e~ ~mg new 9 llUle Uny dots But when you look m ~s, fl~e ~ys 10 roads, ~ey'll have to -- hke thxs ts a cIP project, I0 ~at aw h~vy ~ck us~ a~ all ov~ ~ C~ And we I 1 H~cko~ C~k It wtll have a chan~ to ~ up~aded to a 11 ~mk ~at tl~ ex~stmg sys~ ~ ~o ad~s ~t 12 depth pax ement that w~[l ~e ~t But I'm not t~mg to 12 p~ well In o~ words, ff ~y ~3ust 13 say that's the n~t anser ~at's just ~e only 13 concenWa~ all alon8 35 and, say, all along 288 you 14 postttve to ~t 14 could probably ~ucc a hunch of ~ But ff you just 15 MS ~PLE BUt Hlcko~ C~k is going to n~d 15 ~e ~c roum away and have ~ mnnmg on ~t an~ay 16 mo~ t~ that ~u~ If tt rams, H~cko~ C~k ts under 16 you know, ~at's just my cval~t~on ~at's not what s 17 water Solt'sgotad~tlonalcon~ms 17 n~t ~t nm let you l~k at ~s map w~ you can 18 M~ C~K ~0, I m~n, 0n~ tt's ~prov~, 18 actually s~ 19 ~, tt's going to be fo~-lane dtvtded do~ p~t ~e 19 MR WILLIAMS Y~h, b~ause I can't s~ 20 school ~d t~ et~ ~o or fo~ lane dtwded all ~e 20 p~ose of all ~ese rou~ 21 way ov~ tO he~ ~ p~ of the CIP project 21 Ma cc~ can you s~ a~ ~ose 22 MS ~PLE IS ~t going to ~ rated up, also? 22 star-looking ~ngs? 23 M~ C~ Y~, xt wtll be AIl the 23 M~ w~cct~s Yes but s~ I'm l~ng h~ 24 ~m~ stmc~s wtl[ be added and so tt wtll come up 24 and h~ T~sl~ Lane, L~an M~iI~, I can't s~ the 25 out of ~ x~ ater ~e one major - problems ~at ~ at 25 p~ose m ~t To me, ff ~'m going ~ Kansas C~, THE PLATO A~ ZO~O CO~SSION JA~ARY 10, 2001 29 CondenscItTM Page 129 Page 131 I they have no business on these sweets 1 didn't 8et that deep with th~s This one as kind of up at 2 MS C-,OURDIE The only t!ung I can thank of is 2 the surface and that would be down m with the molecules 3 ff the lu~hway is backed up and they have to find -- or 3 That's land of renlly get~mg down m dm~ and you're 4 there's an accident, w'mch happens quite a bit m that 4 going ~o have to do some battle ~o deal w~th that You 5 round area, they m~ght have to d~vert them Or ts that a 5 know, all tho various companms I tl~nk vall want to -- 6 special -- because I'm thtalong exactly what you're 6 because you'~e telhng them how to do busaness I guess 7 flunking now 7 w~ weren't ~'ymg to do that Tl~s as just trying -- and 8 MR. CLARK Th~s Is not state to state 8 it's a good point I mean, it's something -- another 9 You're actually talking about all the trucks that are 9 point that as ~xactly the same land of llnng Is, and that 10 coming in and out to all these various businesses because 10 Planmng w~ll be haawly mvulved with, ~s th~ change of 11 you have businesses all ox er town ! 1 goods from hke a small ~ruck to a bat ~ruck or from a 12 MR WILLIA.M$ xvell, I'm not talking about 12 la,ge lruck to a mfl or mult~-modal chang~ where you 13 that I*m talkmg about through traffic 13 dehves from ooe typ~ of mode to the other AndPlannmg 14 MR CLAIUC Okay Wall, I d~dn't mean to say 14 m the future will be wurlong with Engarecanng to try to 15 that that was only gomg from Decatur to McYonney I'm 15 setthoseup Sothere'salotofworkthatsullhasto 16 tallong about it's a route that you can use to get through ! 6 be done When we get to the hazardous waste, that's 17 anarca It's also mslde town It'sloodofhkean 17 another area that's gomg to have to beve a lot of work 18 arterial or a colleetor, it helps you get from one poma 18 Tlus kind of -- I th~nk all we're really 19 to another I d~dn't mean to .lust say, and I guess I 19 giving you now Is an improved framework It's not ~eally 20 wasn't clear on that, that you're only running through 20 going to the level that you were ment~oomg tha~ 21 from some other city to some other city So I apologaze 21 Because I persooally trunk based on what we've done with 22 MR WILLIAMS Okay 22 other troclong issues m the past, that wlH be a full- 23 MR CLARK That ~.~asn~t clear 23 scale boule that will take awbale because they bet~le us 24 MR WILLIAMS Okay That wes nay question 24 over truck routes and they're a pretty serious group when 25 because I was getting lend of confused when I looked at 25 they all band together That's JUSl my opmmn, of Page 130 Page 132 I all these h~e maps hare and I was wondermff why we have I course 2 so many 2 MR MCNEILL conulllSSlOner (}ourdle 3 Ma el. ASK. oka~. No that makes sense I'm 3 MS OOURDIE Mr Wllhams brought up some 4 sony I confused that 4 m~erestm$ thought~ that I have to address now As I 5 MR WILl. lAMS okay 5 look at the Teasley to Tensley to Swisher Road thing, ~t 6 MR MCNEILL Coi21nllSSlOner Rashel 6 takes you right back to 1-35E for the truck route And 7 MP.. RISHEL [s t~ an effort, Mr Clark, to 7 the Teasley to Teasley/Lithan l~ller that is pretty much 8 dowusize ~ dehvery *xuck ~pe of unit that -- I'm 8 all homes and an elementary school 9 thinlong about food services, I ar thinking about beverage 9 And so the only proposed opportum~' for a ~0 d~stnbut~on The big trucks xs~ re seeing bigger and ~0 neighborhood center is right there at Teasley Ldhan 11 b~gger, the people that supply that come and ship into l I Mailer, and Teasley I find that reuse almost why is a 12 our community that go out on au'port area in their 12 there Even if you go further down if they have a bill 13 18 wlx~lers and whatex er else It seems like some of the 13 of lading, hke you said earlier they had the opportunity 14 dehver-y people that are ma) ha some of the sber~,er stops 14 ~o takn that road to do thor dehveries and to get back 15 hke food service, ~s thoro more of an effort to sec those 15 on 1 35E So it's almost not a purposeful ~ruck route and 16 trucks downsizedO 16 I don't understand what purpose it's serving other than 17 Obwously, there s a lot of fend distribution 17 ~ust creating I can see the Lflhan Miller to Teasley 18 You have University, Fr~ Sm:et, tho high schools, the 18 as much as I hate to say that outlood but that makes 19 whatever else, and so a lot of those things are not 19 sense But the Teasley to the Teasley to Swisher to 1 35E 20 contained in there Obviously there's a point of 20 makes no sense at all now that you've explained thc way ~t 21 desanatlon but I guess I'm ~ mg to look at is the~ a 21 works, to me personally 22 phflesophy that wa're trying to get a more econooucal 22 Ma eL.OaK This IS JUSt consistent with the 23 ~rock to do that distribution w~thm the City and how do 23 way Denton has done it in the past where they've provided 24 we go about belpmg to den'clop that thought? 24 a lot of ~ruck routes Probably what needs to happen is 25 MR. CLAarC I can be ~al plain with you, we 25 if there's too many, then this needs to be -- maybe this THE PLANNING AND ZONING COMMISSION JANUARY 10, 2001 30 CondensoItTM Page 133 Page 135 I plan isa't mady to go If you really want to wy to I ~ct~,uc lmnotlrymgtoargu~withyou 2 reduce them now, ~en we probably need to back up a bit en 2 That's just what you'd hevc to do on a TXI~OT road because 3 this 3 they automatically allow aH ~ruckm~ on tbeir roads 4 , MS C~OURDI~, I would liken I personally would 4 MS OOUaDt~. okay Thank you 5 bke to ~ it revised as to what's tbe uuhty, 5 MR, MCN~ILL commissioner Apple 6 eapenla~ly with th~ new plan coming m, we're going to 6 MS APPL,n.. well, my personal opinion is that 7 know Whe~ wc need to have a through truck route And if 7 it's too many designated truck ~outoa beaausc hkn 8 it's smctly just for dchvenc~, then I don't really sec 8 Comimssioner Oourdie said, if they're doing dchvcnes, 9 tbe pmgos~ of having it designated as a ~'uck route 9 they're going to be able to go wberover they want to 8o 10 hecaus~ tbey're going to end up cxaclly where fl~,'y would 10 anyway And a lot of thesn are.lust a block or two blocks 11 have started anyway And I dunk that road nghl thoro is 11 apart and it.lust scorns to mc hke it's an awful lot of 12 a pnmc~ example because you're just 8ct~ng off 1-35E and 12 dcs~natod Iruck routes, that it could be substan~ally 13 you're ~tong right back onto a 13 fewer 14 MR. CLARK. Tho only thing that helps you 14 mR. CLnI~ Probably If we're going to do 15 il,ere is it helps you if you know you're gom~ to have a 15 that, we ought to just like mayho schedule a work session 16 lot of dchvca'lcs and a lot of service conang m and out, 16 and invite tho trucking pcopla to como m and g~vc you 17 then you know to design the road properly, put thc cxlra 17 some input because you'll get that 18 ttuckness, to put tho enh'a radms~ m there 18 MR~MCICEILL Arc you through? Doyouhavc 19 MS OOURDi~. well, we know Lllhan l~ller is 19 eddlttonal qucstioas? 20 beyond that We know that that road is staying xnhae it 20 Ms APPLE NO 21 is so that will never bo upgraded to the point whe~ it 21 MR, MCNE[LL okay Cenumssioner Wllhams 22 can handla that ktod of traffic IknowTensleyx~as 22 Ma WmLIAMS ltlunkthatwedefingelynced 23 designed that way when they put it m but wtlat purpose Is 23 to look at reducing them And if we need to start wrumg 24 it really serving the commlmlty, that hale L-shal~:d 24 TxDOT we need to start now and then it won't be but thr~ 25 ll~ng The only thing I can think of is that [ know that 25 years from tonight rather than thn~ years from year after Page 134 Page 136 I this route is supposed to go to 2499 wtuch is supposed to I next 2 head down to DFW which is what I can only future see thc 2 Ma CLARK It sounds hke thta enoisn't 3 reasoning behind it at all 3 ~ady to go and we ought to back up on that Is that 4 But for Denton, It serves no pult:~se other 4 pretty much the consensus? 5 than as a delivery route which will take them back to 5 Ma MCNEILL i think so I think 6 1-35E And I just think for all the peopI¢ that have to 6 Commissioner Rlshel has a comment and then I have one 7 live on those roads, that have to deal with it, I think as 7 also 8 a resident -- they can deal with dehvery u'ucks But to 8 Ma CLA~I< okay 9 have a thoroughfare of trucks using tt to get around 9 Ma RISHEL I think you've got to start 10 things, I think that's kind et' unfair to th~ resident who 10 somewhere and I kccp wanting to come back to what 1 would I has to hve there l I probably hear Mr Rcicbhart say if he was a mcanbcr of this 12 MR CLARK NOW, you're talking about Teasley 12 Commission and they're trying to c~atc some 13 itself' then? 13 coonectiwty And we talk about that alt the time on our 14 MS GOURDIE Yen, the whole thuag Correct 14 shn:~ts and whatever else I don't think v~ n~l 18-foot 15 MR CLARK okay Well, one of' the things 15 streat coancctivgy or 23 or whatever else, but I think 16 that we'll have a real struggle with because tt took about 16 there's a need there But I do agree with some of my 17 three years to do this exchange is any StaIe highway 17 Comuussiooers that we probably need to try to be more 18 trucks are allowed to be on That's kind of a given and 18 restrictive And as I look at that center comdor 19 so taki~lg the trucks off that lllealls we'I!, ha~,o to go 19 section of what would be Elm and Locust, it just seems to 20 through that process of going to Dallas or to our local 20 me that Carroll Boulevard sowes most of that route 21 engineer, then to Dallas, then to Austin, and getting all 21 throllgh there and that's a much moI~ developed and bct~cr 22 those approvals I~nl not saying it can't be done 22 street to have 18-wheelers on I don't sea a lot of 23 MS GOURDIE It's just my own personal as a 23 18 wheelers going up Locust or -- I'm sur~ -- the cen~er 24 resident who pays taxes who -- I .lust thLuk that those 24 part of town there, I think, above the university there's 25 people,-- 25 probably a need for some of that THE PLANNING AND ZONING COlVIMISSION JANUARY 10, 2001 31 CondcnaeltTM Page 137 Page 139 I But I would hll to sca that scctton kind of I you whtch ones ar~ Stete roads, ttus t~cldtsh color 2 done away vath lrucks as much as possible It's not a 2 ~ MCNI~ILL Right Okay 3 gundroadforlt It's not conducive to it It's 3 MILWILLIAMS tdon'tthmkwcncedtohimt 4 certainly not th~ face that v~ want to put on our 4 ourselves since thac is a process that we can use 5 commtmitY and a lot of histoncel tlangs in them. But 5 MR. MCt4EILL wells I ~,UESS by commoat as wa 6 Carroll Is a much I~ttar road for that 6 shut tlus session down is that -- I forget, several of the 7 I'/,R CLARK. I~O yOU suppose W~ could get 7 you made tlus same comment, several of the Commissioners 8 you-se to kind of ~ because these maps am 8om~ to 8 did, that I*m not suec why we have so many truck routes if 9 changu anyway, each of you take your maps and mark up the 9 the purpose Is to show a truck that*s coming from one of 10 onus you'd h, kc us to kiok at And that way wa*d kind of [0 tha manufactunng facihties to gut across town They I1 get a broad based *- and not tomght. I mcan, maybe a 11 have a r~ght te gu them hacause they're making a i2 weckor, so Bccauscitsoundshkcwc*romownghaakoa 12 dchvery Sowcdon'tnecdtodesiguateatruskroutcfor 13 this 13 them And you're going to know as a Planning Engineer 14 MR. MEN,ILL I think that*s a guod 14 wl~:a'c those dchvcaes al~e bcm8 made and from those 15 suggestion 15 things, so you*il then plan for tlc heavier highways hascd 16 MR. RISHEL Maybe it would help us if we knew 16 upon that information 17 which roads wca*c State roads that wa don*t have any [ 7 So I guess ! have a concern that we*va hstcd 18 jurtsdlctRin over 18 so many areas for trucks to drive and it's almost an 19 MR.CLARK. Almost all of thesc mc Thisis 19 cncousagcmcnt for them to avoid 1-35 20 aStateroad TlUslsaSteteroad ThlsiseState 20 MRRISHEL [t'smoney, too Wehavato 21 road ThlslsaStot~road ThoscarcSteteroads 21 bmldahaavicrroad 22 MR. RISHI~L. all and Locust? 22 MR. CLARK oh, sure 23 ~ CLARK ! could probably tell you tho ones 23 MR RiStiEL SO there's some advantages to 24 that aren't Tins is ours This is ours This httlc 24 deleting some of those but, still, we nced some sort of 25 section of McKlnncy is ours, but this is all TXDOT This 25 connectivity I guess that's thc word Page 138 Page 140 I Isouss Colorado ls ours LlthanMdleclsoussand I MRMCNEILL okay Ijumpcdthogunherc 2 than these are ours But everything else is TXiX)T 2 Commissioner Apple has a comment 3 MR. R[SHEL well, maybe if v~ had a map that 3 MS APPLE. That's okay ! was just going to 4 had a coding of State roads and we knew wt: didn't hex c an) 4 say along those hoes u's really fi~nny haoausa when 5 kind of a -- can't touch 5 you're travehng and you're driving through cities, you 6 MR CLARK Did W~ l~t one Of thcs0 Ill ~ch of 6 might sec one s~gu that says truck route It looks like 7 your pack,ts? 7 from this in Denton a truck would carat la and there would 8 MR MCNI~tLL Yes Yeah, wa do We have a 8 b¢ hke truck route, this way this way, this wily this 9 map 9 way 10 IvlR. CLARK TO help you when you're looking l0 MR CLARK YOU have to reahzo that almost 11 If you look at these, and I hope I'm is that right, 11 all of tl~ City s major roadways, which this clearly shows 12 magsnta Is this color? 12 you our TXDOT roadways And probably two thirds or 13 MR. MCNEILL Am you a col0r bhnd oaetoecr? 13 three quarters of thom arc the ~ruak routes 14 MR. CL~aUC I m not a good color -- that's 14 MR~ MCNEILL commissioner Rlsh~l did you get 15 black, white, yellow, nd, and than all thee dlffecoat 15 all your comments or do you have another one? 16 ones It's not my strong point 16 MR RISEEL NO, I Still don't want to miss 17 I',m. M(~IFALL well, I think to follow up on 17 tho opportunity to talk about the hazardous material 18 Ms Apple's comment har~, mayb~ instead of using black, 18 MR MCNEILL Right, right 19 maybe What wa should use is a highhghter or somcthm$ to 19 Ma CLARK Ar~ yOU r~ady to move to that? 20 highlight those areas you want to tekc out But I think 20 MR. MCNEILL Right I wanted to make stuc .21 otherwise you're going to have to 81va us another map 21 everybody got their questions So let's all take these 22 here to respond to Commisstoncr Rlshcl, but th~ Elm - 22 maps with us when w~ leave this evening and gut them back 23 Ma CLARg. well, this should -- if you'll 23 to staff within a week to ten days with your areas that 24 look on your thoroughfare map, I mean, you don't want to 24 you'd like to sca removed from the Mohihty Plan 25 mark it up because you use it evc~ t~mc, that will tell 25 MS APPLE. And thank you for that THE PLANNING AND ZONING COMMISSION JANUARY 10, 2001 32 CondenseltTM Page 141 Page 143 1 opportunity I the D~velopment Code 2 MIL MCNF. ILL Yes, and whatever your code is, 2 Marcy is passing out a hule not~c~ for you 3 wnto that on there, ~ leave m and red ~ out 3 Hopefully, it's lar~ enough to make y'all remembo' ~vo 4 Choose your own code Okay Lot's hear about tbe 4 thin~s~eardmgupconungmeeangs Whanw~sentout 5 hazardous waste 5 this 8re~ not~ce card that you-all should have got back 6 ~ MIa. CLARIL Hazardous materials is som~thmg 6 in d~ end of October, we had put on there that the~ we~ 7 that's also going to take I would say years of study 7 going to b~ two pubho he~unnge before Planning & Zoning 8 because it's also going to be very controversial What 8 Commission regerdmg the Development Code one on January 9 we've .lUSt ~ned to ~lve you 1~, all the red dots or the 9 24th, the uthes on February 7th The 24th is not the 10 red arrows ar~ shovang plnc~ that hazardous materials are 10 problem but tho 7th is not a r~,ularly scheduled meeting 11 conung m end out of the area And that's mcludmg, 11 Of cours~ hack then we nusread the calendar Youdidn't 12 obvlously, allthe35's The35'sareNA~rAroutosand 12 haveaaofficlalcalendnr for2001 but wo should have 3 tl~'re - T~xas Trtmk Sys~al and severul other 13 caught it, wo didn't, and so we're suglg~tlng or asking 14 designations by Txool' that make them routes for carrying 14 that a special called meeting be held on tho 7th so we can 15 So all thee ~ix]. -- and we thd ~ve you cuter on that, 15 most this notice requuement 6 didn't we? 16 Also, we had put down that th~ meclmgs would 7 MR MCNEtLL YeS 17 start at 5 30 which was the old meeting tlnl~ prior to 18 MILCt4~,UC. All the hulo red arrows show you 18 y'allchan~ngitto600o'elock Tbemeetmg, agem to 19 where all th~e -- lha opportunities a~ for ha/.ardous 19 m~t the notice t~luu'ements, these mectmgs would need to 20 matenalstocomnm Thatdo~n'tmennthey'roall 20 startat530 Idothmkyou-allhavethoopportunltyto 21 hitungthesebutther~lsopportunmes Theooly 21 either because of that push back, admnerbreaktoa 22 desigeat~d routes In the metroplex are on th~s map And 22 later Ume which I think that tbe~e meetings might be 23 th~ green is hazardous cargo routea and I don't really 23 long It aught he a good strategy Or we'd be happy to 24 know all tho details here. The orang~ ~s h'ansuranlc 24 provide dinner zarher 25 radioactive waste cargo route whioh I assume that's when 25 So those are the meeting issues Eurher Page 142 Page 144 I they're talang the contammat~xi rods from tho power plants I tonight it was discussed about lunitmg tho Agenda items 2 and all those sort of things, from hospitals and those 2 for the 24th Obviously, the 7th is a speclul called 3 sort of things And that's down on 20 Is that 20 down 3 meca_ We would just have the pubhc heanng for the 4 there? Yeah, 20 4 Development Cede The 24th we currently have a couple of 5 So, basically, long term, if Denton is going 5 Items on the Consent Agenda and we would suggest that 6 to do some hazardous method, there's going to ha some 6 those remain There are t'*vo pubhc hennngs thut we've 7 public hearings and interaction with tho people that haul 7 been ~n orlang with applicants to put on the Agenda It I 8 stuff through here I'm slue it will affect the railroad 8 think, ~s }our discretion whether or not you would want us 9 because I almost guarantee you there's hazardous materials 9 to not hax e those other items on your Agenda that night 10 coimnglfluough on the railroad, too So that's really a 10 We hax e heard from several people There is going to be 1 long tenll This is just in hero to show you that that 11 folks here the 24th, we know I'm not sure how many 2 long term n~s to be a component 12 folks But if you have r~,ular business ~tems the 3 We're just Uymg to g~t a bns~o framework 13 meeting could go late 4 saying here's who~ you ought to start building your -- 14 Another suggestion maybe we could if we 15 the frame for your house and then, hopefully, eventually, 15 put those ~tua~s on thc Ageada you could hmlt open up 6 you can get file walls up and put the roof on it 16 the pubhc heenngs but hm~t d~scussion, that If it went 7 Ma MCNIiILL okay Very good Comments? 17 over haft an hour or so you would ask that those items be 8 Very good Thank you vel~ much, Mr Clark 18 cooUnu~d, thareby allowing those items to go forward and 19 The neat it~nn ua our Agenda is to receive a 19 maybe ex en be acted upon that mght if the~ wasn't a lot 20 report from the Director on Council action 20 of discussion But if there was a lot of discussion, 21 MR POWELL. ooodevenlng In fact, wewere 21 bnng them hack at a lator meetmg and go forward wIth th¢ 22 looking at the Agenda and we'll probably change that I'm 22 publm heanng for the Devclopment Code items ~3 not sur~ that we ever talk about tl~ Council's action 23 Part of th~ reason I think staff Is sensitive 24 But I did want to tonight discuss with you upcoming 24 is beeau.~ of the Deeemher schedule and if we push these 25 mectmss, upcoming mectmgs specifically as tbey relate to 25 hack~ ~ folks, some of these apphcanLs have been in 'HE PLANNING AND ZONING COlVIMISSION JANUARY 10, 2001 33 Planning & Zoning Commission Meeting Minutes February 14, 2001 34 Condens~ItTM Page 13 Page 15 I ~ e~x, coclc t would say most Lskely :t ~H I ~ co--umW 3 ~ ~u~l~ ~o &ff~nt bulld~ ~d so 3 ~Uon ~ 7~ 4 · ~H ~ hom~ ~ m 4 I ~qumUon for s~ we jus~ 5 ~ ab~ m 5 ~~o~s~ for It m 6 6 ~ ~ut It wo~ ~H ha~o m~ ~ 9 tnd w~ 9 10 ~want,t ~das,t ~bmld~ 10 ~~~~d,d~of 12 ~, which Is m~ ~' ~c~n8 off on o~ plat 12 - ~e n~t A~da ~ ~s ~ bold a pubbc 13 And may~ a haft 13 ~ng and cons~d~ ~ng a ~o~endat~on ~o C~ 14 m ~o ~ds ~o~ ~ robably haw ~ 14 ~cd conc~mg b~cycle and ~mman pa~s ~e 15 s~ ~n :an't ~ve 15 ~aH~ ~n~n Mobihw Plan And I ~h~e ~ 16 ~ 1o~ 16 C~k's not ~, so -- 17 w~ you can 17 ~ SALMON x~nk you, C~, m~s of ~ 18 MS 18 ~sslon I'm not ~t~mly S~ why J~ C~rk ~s not 19 19 ~ and why ~ don't ~ve any maps f~ you ~s evening ~0 ~l 20 I ~s I just ~n~ ~ ~t up and m&ca~ ~at ~ met 21 ~el ~ who would ~ ~ ~ 21 ~ you back on Janu~ 10~ and ~ had, I ~nk a total 22 Anyon~ m ~ au&~ ~ ~ 22 ~f fi~e ddf~nt ~s ~at ~ ~ss~on wan~ us lo 23 no mov~t, is ~ anyb~y m ~ au~ 23 add to ~ b~cycle and ~man plan O~y May~ you 24 wo~d ~ ~ s~ m opposlUon ~ ~s proj~t? 24 ~ve n~ maps m yo~ packet I don't have Page 14 Page 16 11 clo~ ~e publtc ~ ~d ~ 1 bo~d just ~f anyone n~s to ~f~nce a 2 closing co~ 2 MR M~EILL show ~o pubbc 3 MS H~SON 3 MR SALMON WeE, app~ntly l~ wall be 4 4 ~ about 7 00 We'~ mowng along a h~le ba fast~ 5 have ~ 5 ~n we ~ ~tmg So ~ can e~ come back or l 6 6 ~n ~ to cov~ ~t 7 7 MR M~ILL W~t'S yO~ 8 MR 8 ~ss~on, ~SS~On~S? 9 ve~ g ~mg to m~t the 9 ~ msn~c we'~ going to ~ not m be ~ 10 ~ 10 at700 11 MS 11 MR M~aLL Oo ~d and cov~ a 12 MR MCNEILL 12 MR SALMON o~d Well, I'm glad ~ have 13 oramotlon? ~k 13 ~ps Ijustd~dn't~wone 16 approval of SP ] 6 MR SALMON At any ra~ ~ w~ fiw 17 MR 17 ~s from ~e last ~me ~ m~ ~at ~ Co~xss~on 18 18 m~ca~ ~ would l&e to ~ on ~s p~cu~r 19 19 ~t~on of ~e Mobd~ Plan ~ose ~w aH b~n add~ 20 ~ ad~txon~ 20 ~orse and Ro~on S~ was a~ as a combination 21 21 s~d~a~ and blcycl~ pa~ S~e ~ Bell Avenuo ~n ~2 MR ~SHEL l'dJ 22 ~cko~andus3so,~t's~add~asas~t~aihasa ~3 23 b~cycle - It's a b~cycle pa~ as ~11 as havre8 an 14 and bnng ~ng ~t m~ ou 24 ~stmg s~d~& Rudde~ S~t from Ol~w~ - from 25 to work wxth ~ es~etl~ ~t ~*~ ~ ~ c~ m 25 ~ngo ~ Wm~or was ad~ ~n8o R~d was add~ as a ?LA~G A~ ZO~G ~BRU~Y 14, 2001 35 CondonscltTM Page 17 Page 19 bluc which is just a bicycle route And Welch Street was I MR MCNI~[LL okay 2 added as a gold which Is a bicycle rou~e with an existing 2 MR CLARK A combination path is either 3 sidewalk So thosn have all been added to tho map that 3 four-foot sidewalk with an outside lane in the roadway 4 apparently you've got m your backup 4 wluch is three or four feet, or o's an night-foot Class 2 5 Also, one of tho things that y'all indicated 5 ~'ack ti was you we~ hoping that them would be a good pubbe 6 MR MCN~ILL Yeah Okay Someone asbed mc 7 informaUon campaign about th~s paruoular eompoaeot of 7 today, they had noticed th~s on the Agenda and they smd 8 the Moblhty Plan And Jerry ts working wth our Public 8 Ibe~r comment was m Denton bicycle nthng Is a hobby not 9 InformaUon office to put together a program to do that 9 a mode of ~'ansportatlon And I llunk that that is a 10 This Is a pubhc hnanng and also w~ am 10 concern and I think your campaign, your nfforts to ha,,c a I hoping tlas ovcmng that we will be able to have a 11 campaign is what it's going to take to change that 2 recommcndauon so that we can move th,s forward to CT 12 atotud~ so that tt b~comes mom than a hobby I think 13 Council I,I1 t~ to answe~ any questsous you uught have 13 you moaUoncd that you do nde a bicycle but you're 14 and all the pr~wous backup from the January 10th meem~g 14 certainly in tho minority, not tho ma. lonty And ~t will 5 ~s at your dtsposal ham, also 15 take a strong effort to get Texans out of their 6 MR. MC~qI~tLL They'Ve shut my hghts off hem 16 automobiles is my pn:dlcUon 17 but, Conumssloners, do you have any '- there w~ go Do 17 MR CLARe. Ve'O,/true 18 youhav©anyquestiousorcommeotsfors~aff? 18 MR MCNEILL Yeah Do you hav.e any 19 MR MORI~NO I have a question 19 additional comments you'd hko te make? We're sorry wc 20 MR MCNIilLL commissioner Momno 20 got ahead of thc -- 21 MR, MOR.RNO I guess I missal the Janllary the 21 MR CLARK I apologize I'm a little b~t 22 10thmeetmg Wasther~anydlscuss~onaboutconn~cuvllY 22 late Is there anythmg that you dldn't cover? Imean 23 betwean North Lakes Park and Evers Park? 23 tie real purpose is to address the cormctious you mad~ 24 MR SALMON Northwest -- 24 and you wanted and they were all good corr~t~oos and 25 MR MOREl, to North Lakes Park and Evers Park 25 hOl~:fully they're reflectixl adequately And we're excited Page 18 Page 20 MR. SALMON oh, North Lakes Park and Esers I about taking It onto Council and starting to Slgnd mon¢) 2 Well, there is a gold route on Windsor Drive b~tween North 2 in the nght places so it comes to be, and then 3 Lakes Park and Evers And a gold route means that th~ 3 r~-edueatmg overyoao, also 4 strut would be deslgoagd as a bicycle route and there 4 MR. MC'N~!ILL In terms of cost, assunung 5 also is on ex~stmg sidewalk or the~ w~II be an ex~st~ng 5 Council goes along -- assum~ there's a recommendations to 6 sidewalk in addition to tho bicycle route 6 thom, but assume that this gets lmplamented, what's the 7 MR MORIiNO oecd Thanks 7 cost m terms of timeline? When would you begin to spend 8 MR MCNI~ILL commissioner OoRrdle 8 money and marking lanes and so forth and what does that 9 MS OOUROII~ I just on hbo tho Welch from 9 cost roughly? Per block, for instance, or some measurable 10 Eagle to Oak, and you said thug's some existing sldms'alk, 10 unit 11 is lhat going to be w~dened? 11 MR CLARK I didn't actually fign~ out thc 12 MRSALMON ~errylsbem He nught be able 12 costbutmthcprovlousm~run, there wer~ some streets 13 to -- 13 that we'd convert lmmedmtoly and that was at the request 14 MR RISHBL David says I've been saved 14 of Councdmamber Coahran to try to go ahead and get some 15 Sm. CLARK TheWelehStreatvollbewldened 15 thlngshappcmngnghtaway The~amsomestr~tsm 16 evootoally as there's some money put mtn a There's 16 town that have the extra width on the outside and we could 17 nothng available right now 17 go ahead and mark the bicycle lanes And if th~s ~s 18 Ms OOURDtF.. SO r~ght now if tt's used as an 18 approved as stated, then we'r~ gnma to go to those Phase ~ 19 existing sidewalk, the four-foot path is what '~all be used 19 I bicycle lanes and ~y to get them marked mune&at¢l) ~0 in eombmatton, cermet? 20 And they'll be -- I don't know if we'll quite get them all 21 MR.CLAR~ Yes 21 but it wdl be m that ballpark the Fu'st year Andthea 22 Ms OOURDII~ Thank you 22 if ~t goes well in tho other ones - some of them am 23 MR MCNI~ILL we're going to have tho hlc~eI~ 23 going to take some negot~aUons like some around the 24 on the sidewalk instead of on the street? 24 collegs we'll have te work vnth and Bell Avenue though 25 MR. CI.~U~ I~o, str 25 TWt~ iS m phese 2, so some of those will take a httle b~t PLANNING AND ZONING FEBRUARY 14, 2001 36 - CondenseltTM Page 21 Page 23 I of negotiation 'l~at*s also why tl~~rc m Phase 2 I ~ause, agmn, hk~ ~Plc a~ just ~wn8 m ~t and I m 2 ~au~ ~'11 ~ve to ~ ~me &~stons and get 2 .lUSt ~ohng you'w got lorn of ~m but -- 3 overbuy okay ~th ~ 3 ~ c~ o~y ~at's ~ We'~ ~ ~ 4 MR MCNEILL ~d ~c~jon~of~e~st" 4 ~tsomcmo~s~bo~on~ 5 I ~ ~o h~ts ~m but let ~ fi~ my q~U~ ~ 5 MS ~1~ o~t Well, ~a~ you for 6 majon~ of ~e ~st ~s~ta~ ~ ~s is mtti~ly 6 doing ~t I was v~ ~p~s~ 7 just ~e ~mn~ng of ~o l~e? 7 Ma M~m~ ~SS~OU~ MO~O 8 MR C~ ~ pmntmg of ~ l~os or ff 8 Ma ~oas~o v~, s~, ~ Clark Would you 9 It's on the ou~ldo it p~ly ~ ~ puRmg up the 9 d~cnbo m me how ~ b~ pa~ would l~k along Mmgo 10 St~S that ~y b~cyeles will ~ o~ang m the outside 10 R~d7 I ~mk ~ln ~s along ~ngo Road am about a 11 e~e of ~ lane 11 40 mile ~ ho~ s~ hma 12 MR MCNEILL okay 12 MR CL~ well w~t ~t would ~ve ~ ~ ~s 13 MR C~ ~em*s ~ly not m~h ~st to 13 a non standard waft, what I would ~o~end, and u would 14 that ~ thing that will ~ a hRle bxt of a probl~ ts 14 be seining hkc a stogie ~ack ~fl ~t ~ use for 15 ~at there's going to be roadbl~ where you'll have a 15 ~ b~k~ or mountain b&~ It's going ~ Just ~ a f~ 16 go~, cle~ pa~ and wh~ ~e n~t-of-~y n~ows 16 f~ wide and ~t's going m ~ do~ p~Hehng &e &Ich 17 somet~s, you ~ow, for a hRle w~le until ~ s~d ~ 17 It would ~ comp~ly off ~ mad 18 money ~d ~d~ the mad out or put a Cl~s 2 tmtl or 18 Ma MO~O s~ng of ~t, ~ple a= 19 what~gm,~emgcgomgto~mer~dbl~ But 19 usmg~n~tof-way~along~ngo~dford~a 20 ~s ts -- It's going to ~ a lot ~ ~ ~ have now 20 motorcycle acOw~ And I don't know ff ~t's l~al or 21 M~ M~EILL CO~I~ Gow~o 21 not but I was wending ff anyb~y ~s aw~ of ~at~ 22 MS ~U~IE I not~ on Shady O~s y'all 22 MR C~ t m not s~ ~t's a 23 s~d a bl~ pa~ or ~m's one ~m, t~ w~ 23 ~fom~em ~ssue ff ~t ~s I'm 24 M~ C~K Yes 24 MR MO~NO I m just ~mg to enws~on ~osc 25 MS ~U~IE B~t I've noU~ mom ~ple 25 d~ mot~yc~ combing wl~ o~ b~cycle pa~ along Page 22 Page 24 ~wng m it not ~hzm8 it was a b&e pa~ ~d Pm I ~at road 2 just won~ng ff ~ hfle s~bol ~t y'a~ put" I'w 2 MaCC~ well, ~s ~ng ~s only hke ~s 3 only nofic~ ~t m one a~ w~ch ~s mom closg W 3 b~g And as far as I know, I don't ~ow all ~ roles for 4 W~ow ~an ~ whole ~pansc of lc May~ a f~ mom of 4 off road d~ bike, but no~ally when ~o -- you know 5 ~ose to vls~Hy ~H sommne ~s is not a shofldg, 5 ~ on~ ~at am mclud~ m ~ phn, once ~osc am set 6 ~s ~s a b~ke pa~ 6 up ~ will ~ sp~fic prohlbamg of mo~nz~ 7 ~ c~ o~y 7 vch~cl~ on ~osc ~on8 Mmgo, it may bo ~g But 8 MS ~IE But I &d not,ce ~t and I ~s 8 ~f ~t ~ ~ w~ ~t's dan~ous, we would put up s~gns 9 v~ pl~sM to s~ It and I was ~c~ ~ s~ ~ ~ad 9 ~f we had to 10 b~o pa~ going ~ou~ ~ and a~ ~ work ~at's b~n 10 M~ Me,Ese 11 ~p~nmg in ~e ~alls 11 MR M~EILL CO~SS~Ong R~shel 12 ~ C~ nO~y, ~t ~ go n~t 12 ~ R[SHEL well, I was musing of ~uncl~an 13 alongs~ ~s roadway and conn~t )~ who~ s~Uon 13 ~n on a b~cyclo ~at amu~ me, so -- al~ou~ I 14 ~ 14 ~ow ho has a lot of p~ple m h~s dismct ~t ~ b~ke 15 MS~IE. wclI,~twas~t Y~,Just 15 ndgs Onoof~ngs~dm~about, andIwant 16 a f~ mom of ~os~ h~le b~ pam~ on ~ ~und I 16 ~ applaud ~ plan ~at you ~ve s~ fo~ and ~ 17 ~mk ~t ~ help~ to ~t ~ ~p~ back on ~ road 17 effo~ ~ have made ~ ~t ~t going as s~n as possible 18 ~c~ xve'm ~ng ~ ~ c~ out 18 i ~ ~t's a b~g s~ for ~nton and I'm v~ proud of 19 ~ ~ause ~'s not a lot of ~ and ~ s~l 19 what's ~ done ~ Ev~Hy, not n~t now bm 20 ~ s~gns a lot ~f you put ~ n~t m ~ ~ddl~ of -- 20 ~lly, I st~H l~k m finding a b~ conn~t~wW 21 M~ ~t~ WOH, jmt ~ on ~ go~d 21 ~n o~ pgk sys~ ~at my Boy Scou~ and my 22 I ~nk y'aH ~vc ~e a blcyclo 22 Scou~ and o~ ~ds m ~ co~ can do ~nd of a 23 ~ ~ o~ just paint ~ s~bols Okay 23 ~k ~u~ ~ pgk sys~ so ~ can ~ and 24 Wo'~ ~ ~t 24 und~mnd a h~le b~t ~ w~t's avaflab~ ~ ~ PLA~O A~ ZO~G ~BRU~Y 14, 2001 37 Cond~ns~ItTM Page 25 Page 27 ~c~. 'i'hat's whom thes~ trads through I ss tbe people who hv¢ on north of 2 the g~mbelta vnll ~ally halp 2 Ma. CLARK Out hew? 3 lvm JUsH£~ And perhaps son.tiaa8 that wll 3 MP.. WILLIAMS YeS No In oth~ words, thc 4 actually 10Ye us a m~asunng that if you rode from here to 4 people who hve ther~ today and cannot cross the loop to 5 hat~ and back or lm'~ and mad~ tbs tour, you'd have 12 5 where th~ water park Is gumg va be 6 rmleS or five mileS or somethn8 ld~ that, som~ sort of a 6 M~. ct.nju~ okay What will happen 7 mapping thtu might be able tu sbew that d this ~s the 7 Ma WmLLnMS Those are tbe l~:ople 8 path that you foll~w that flus ~s thc distance you would 8 complaining because futu~ folks a~ not talking about 9 have traveled, and I thnk l~ople can be proud of what 9 Ma CLAJU~ okay One of the tlunge that 10 tbey did and they've gotten so many miles m Maybe ~ven 10 could kappen is th~s will probably mest werrants for a 11 create son~ sort of a comI~ttuon or a club or something 11 signal at Sherman preRy qmck And when that happens 12 that le~s you know tf yoo g~t 500 nuk~ or 2,000 nules or 12 ther~ yell be push butlons put m that blcychsts and 13 sometlung hke that, ~ oo get a ht~ln gold star by yoor 13 pedeStrians could use tu 8~t aoross thaw And ~f thew 14 name 14 actually got to be a large pedeStrian movement, then the 15 MR. CL~,aK. That's a good idea 15 slgool can be put m based on these pedestrian movanents 16 MR JUSHEL I'll Just pass that along 16 Ma ~'ILL~,MS Thank you 17 MI~ C~.AJU~ I know a lot of tho wul serous 17 Ma MCh'~ILL JUSt a point of wference, I 18 bikers hke to keep up wth their mdeSge 18 forg~t what we call it but the esdroad trac~k that we 19 MR MCNEILL conumssxooerWdhams 19 convertedtoatrad--esdsvatrads, yesh Icouldn't 20 MaWtLLt~.V~$ YeS Has there been any 20 thmk of the term That's gmng tu be -- thaw's not 21 communication with you w~th the water park people because 21 going to be any pavcmcnt of that That's going to be 22 I went to a pubhc meeting and a lot of people who bye 22 strictly ~g-avel or what's the surface of that trail going 23 near 288, th~ am concerned that chdd~n will not be 23 to be? 24 abletogothewaterparkhecause:t'skmdofdanger°us 24 Mact~RK lt'sgeavellntually Audi 25 passing over 288 You have a mass of chddren going 25 think long-arm they plan to pave :t unleSs hght rail Page 26 Page 28 along Have those people thscussed anyllung voth you? comeS m fairly quickly 2 M~ CLtdU.. okay I gueSs I'm not hamong 2 Ma MCNEILL Yeah Okay So but If hght 3 I didn't understand tbe question I know there's 3 rad doesn't come m, then thew would be thc opportumty 4 something crossing ove~ but I didn't -- 4 for joggers as well as b~cychsts to use that same ~ra~l 5 MR WILLIA-MS okay Tbe water park 5 MR CLARK YeS, J would flunk so Long term 6 MRCLARk oh, v, aterpark Okay I'msorry 6 dltactuallystaysatrad, they would h3' to make lt 7 Up here I apologize 7 like some of the oneS m IVhssotm and Cahforma and those 8 MR WlLLL-XMS Yes Has the~ been any 8 that aw ~ally up scale 9 thscusslon -- have }ou bad any discussion with tha people 9 M~ MCNEiLL Y~h, I've ~n in other cities 10 who aw m thc planmng mwtmg wth the pubbe tn 10 whew that's a combmahon and they've ~paved those and 11 regards to the water park besause I tlunk that was - 11 as Cormmssloner P,~shel i,~ent~o~cd those mileage Iocatmns 12 that's the only aegaUve thflg that I heard tn thc 12 am very helpful and thc JOggers then can keep track and 13 discussion fram the community was the lack of access va 13 there's both thc blcychats, as well as thc joggers use 14 children, younger el:alden 14 that, and there's s~gus - I forget what the temuoology 15 MI~CCAm.. okay Well, the tlung that ~s set 15 is but a baslcally says move over wben the bxcycles come 16 up is y0u have the gold path 8omg out Sberman and you 16 so that thay can pass But that v~ll take some educa:lon 17 have tha blue hew I guess part of the reason thtu 17 agree, oo the par~ of the pubhc if we've got both 18 wasn't a r~al intensive system ts It's not heavily 18 pedeStrians and b~cyehsts out there 19 developed out the~ Ithtnkthtuoocoftheflungsthat 19 MR. CtV~Rg. ?hatlsapWttywdepaththough 20 wdl come with the ~hool thew v, nll be a system of 20 It's beyond the ~ght, so that wll help some~ tuo 21 sidewalks around that wtuch wall be above and beyond what 2! MI~. ~4a~tl.l. okay Comnuss~ooer Holt 22 would normally hapl~n tn a lot of d~velopme~ts In other 22 MS ~OCl' I was loolaug at this I'm sure ~3 words, on flus whole area which yell be combinaUoo park, 23 you've talked w~th the school district and wha~ their new 24 water park, h~gh school, elementary school, wha~ver 24 sl~s a~ going va be so that we will automaucally have 25 MR. WII.Lt~.V/$ 18UesS what I'm talhng about 25 really mow than sidewalks, just -- I was thnlang of this 'LANNINO AND ZONINO FEBRUARY 14, 2001 38 CondcnseltTM Page 29 Page 31 I Ry~n Road site out here end I guess this gold luke and or Is them a motion? Commissioner Holt 2 bike connection will come right through there At theur 2 Ms HOLT I d like tO make a motion that we 3 other school sites, have we -- I don't know where they 3 send thc pcdcaman and bicycle hnkago component of the 4 arc Have we talked with them to make sure that we have 4 Denton Mobility Plan forward to tha CUy Council 5 enough posslblhty of b~ke trmls going m those areas? 5 Ma ms}~Bc, second 6 MR CLARK okay Well, thc sites that's I'm 6 MU MC'm~ILC it's been moved and second~ 7 aware of, end Dave probably would Ice able to help me, is 7 Is thare any discussion? Comaussloner R~sbel 8 thca-c's one out here off of Lakeview end this has a gold 8 Ma. mSHB[. ~o 9 route Andthcsewercmcluded, that's onc of the reasons 9 MILMCNI~ILL okay CommisslonerHolt, doyou 10 the gold route was put here Ryen Road, until it's 10 have additional comments? 11 convcrtedtourbenscction, wedtdn't feclltkcbtkeswere 11 MSHOLT t~O 2 real compatible And it's also 40 miles en hour That 12 Ma Ma, ruraL okay Commissioner W~lhams 3 could be converted to a gold route tf you reduce the speed 13 dees 14 lmut or wtden the road or convert lt to urben eurb end 14 MRWILLtAMS yeah I don't know how tu word 5 gunered section 15 an amendment but I think wc need to look at, smcc there 6 To be honest with you, I know they're also 16 seems to be a lot of rsercat~en development on thc north 17 looking at another site out here, I think, an elementary 17 s~de of thc loop, I recommend that cootmucd study of 8 school or something out here, so that's already served 18 connect~vity between thc north side of Loop 288 out 9 wtCh sidewalks by the plan Am you aware of eny other 19 between McKmncy and 35 continue to be~stuthcd I don t 20 sttes9 No, that'swhetImenttooedherc Oh, I'msorry, 20 know how to word that 21 downbere Thai'aright Where exactly ls that, Dave? 21 M~.MCl~tL[ Are you su~gcatang an amcndment 22 So The Preserve has it on Lakevicw also Okay So It'S 22 to tlus motion or are you suggesting perhaps another 23 connected there ! forgot there are a couple on here 23 mermen to -- a second moUon? 24 It's right tn there ts where the school site is, above my 24 Ma WILLIAMS i defer tO a parhamentanan 25 tinger 25 MR MC-'~r~tLL okay Page 30 Page 32 x.i$ HOLT Okay MR S~YDF. R YOU could offer ~t as a friendly 2 MR CLARK I know that's re~ally hght but -- 2 amendment 3 \iS HOLT Well, I JUSt think that we should 3 M~WlLLt^MS okay That's what I was doing 4 be xn continual contact with them so that we can put the~ 4 MR MC~Et~L okay So we have a friendly 5 bLk¢ s~tes out there 5 amendment Would you accept thai? If I undersland what 6 MR CLARK Thet's a good po:m We'll try to 6 your recommendation is ~s that we along w~th this 7 make sure -- one thing about this ts if they do add a new 7 recommendation tO CUy Couoo~l, we would also recoxranend 8 st'ce, tlus can he amended to reflect that 8 that continued studl~ be done la lerms of tlus b~eycle 9 \iS HOLT Thank you 9 connectiwty betwctm the north and south part of the loop 10 MR MCNEILL So what -- are there additional 10 Is that basically what you'ze saying? Il comments or questlons? So what you're askmg for at tlul 11 MR WILLIAMS Bottomhne, Iguesa 12 point lSa recommendation from Plenmng & Zoning 12 MR MC~EILL okay 13 ccoceramg this proposed bicycle plan, Mobthty Plan, for 13 MU cc.~r., t th~nk we understand what ha*s 14 the City that we would send onto Council? 14 trying to mthcate so I'll wnt~ something 15 MR CLARK wlth the chenges that you asked 15 M~MO'~CL well, we've got tO get a mot~on 16 for unplemented 16 first Okay Comnussioner Holt 17 MR MCNEILL Rlght, With the chengas 17 Ma HOLT well, I certainly agr~ but I would 18 MR CLARK Andthepubltcmformatlon 18 hatelo.)usthmaUtothat l would hope that we would 19 campatgra 19 be in continuing study on all a~as of recrentaon, school 20 MR MCNEILL ILtght Okay This is a public 20 any nc~v development And that kind of an amendment would 21 heanng so we noe/i to see if there*s anyone m the 21 be better than just that one specific aren 22 auchence who would like to address tlus issue, either for 22 ylc MCI'mtLL oood Okay We accept that 23 or against Anyone In the aureole to speak to tlus 23 Okay Will the seconder accept the second? 24 tsslle9 Heanngnone, I'lleloscthepubltcheanngend 24 I~.IUSHEL. YeS, Iwould And.lustbecauseI 25 ~ If there ts addtttonal comments, quasttons for staff, 25 appreciate Mt Clark berng be~, I could see something PLANNING AND ZONING FEBRUARY 14, 2001 39 03/30/01 FR! 09 43 FAX 9403497707 CLI¥ u~' ~ ~c 33 I wl~ ~ bt~ ,~p~ ~d ~ ~c~ and ~ ~vc ~u any d~ mn~t 2 m~ ~ ~t ~t be s~ s~ of a ~ ~ mmz~ t~ ~u for ~ c~t ~ ~ ~'~ ~ing ~8 so ~ ~'t ~ wro~ ~ bmu~t by David 6 m~d~~s~mnd~t~, AndI'nt ~ y~l~suppo~odot~ 7 8 sn:ue of ~t ~o~ ~ ~ b~ shes and ~ ~t ~c ~c~u~ an ~ can b~c you if n's: 10 ~le ~dsol~l~p~szs~ 10 ~t~LMON Y~ ~oif~'s 11 ~p~ and ~ ~]ant o~ ~ ~ ~p~? ~p~n aud 11 on~ tt's afl my fault 16 ~L I ~n'tw~t zt ~ an ~t 16 of ~dman~ 18 ~ wt~ - ~ p~ ~ ~ O~ 18 19 w~ ~ ~n~ ~ ~c~s 19 mb~ ~at hs~ a 21 ~t~ [ J~t~t mpm ~t In ~ a 21 ~O~tSm~nim~ 22 ~msm 22 ~s also, m ~3 ~tt ~c~ w~ ~t will ~ ~ m 23 ~Uo s a pmpos~ c~ or 24 ~U~ So la ~b~y s~ht on ~ ~h0al 24 ~ t c~ for ~ 15 MS UOLT ~0, m~ t ~ it 25 ~e aubd:v~sion ~zng m mci~ Page 34 Page 36 MR, M~Lt okay I a p~l 2 ~ wtL~ You m~ tt and ~ you ~ 3 c~ up my ~t 3 s~ ca~ I~ E ~ npphc~ curtly 4 M~ ~n W ~ w~ ~ ~ ~flon 4 ~vo 0 · Uno 6 MR S~R~ ~ ~fl~ ~ m ~d 6 ~'vo ci~ ~ ~t ~s way 7 ap~vnt wl~ ~ mom~don ~t stuff contmu~ ~ 7 b~ on ~ss~ t 9 8~ w~ wl~ ~ls on sc~ 9 la 10 ~HOLT Sc~l d~ ~d ~n 10 to~ iwcn~ t2 ~a ~c~mt~ ~ ~ scSI &s~ct and l 2 1~ ~gon~ Y~ O~y ~yofl~w~ 13 a~m~atn~lo~ :vananc~ 14 o~70~ ~dl~onml dlscua~ ~ on ~ motion7 14 f~ a c ~ff~t ~sons 17 s~n6 we'd ~ you m c~ It fo~. ~ mo~mu 17 ~t ~ ~ve m o~ ~ 0f ~c~ 2~0 f~ 18 aavo~o~ Ok~ ~k~u 200f~t don't t2 W h~s ~ ~d I ~l 7'1~1 o'~ ~ a ~ ~, ~ ~s a naBona[ pohcy on ~d ~ 23 obvl~lt~n'l to2~;nofa~tof~sandI ~usaf~ss~ A~~opoHcy 25 ~ ~Lv. ~l's ~ fl~t WC dl~'t h0~ S~ I ~ PLA~G AND ~O~O ~BRUARY 14, 2001 40 AGENDA INFORMATION SHEET AGEND{i DATE: April 3, 2001 DEPARTMENT: Planmng Department )~[/ CM/DCM/ACM: Dave Hill, 349-8314' y ~ SUBJECT - A-01-0002 (BlaggRoadAnnexatlonArea) Hold a public heanng regarding the involuntary annexation and service plan for 46 acres of land located in the eastern section of the City of Denton's Extra-temtonal Jtmsdmtlon (ETJ) The site is generally located south of Blagg Road, approximately 1000' west of Lakevmw Boulevard (A-01-0002) BACKGROUND A Pre-Design has been submitted and reviewed by the Development Review Committee, which proposed la single family subdivision of 142 lots Several design issues were noted, including connectivity to surrounding streets and development inside an Environmentally Sensitive Area The zoning at the time of annexation will be Agriculture (A), transmomng to Neighborhood Centers, upon adoption of the Development Code If the property were reside the corporate limits of Denton, the development would be subject to the land dedmaUon portion of the Park Dedication Ordinance (Ord 98-029) To date, no application for pla~ng has been submitted If platted prior to annexation, the proposed development would be exempt from the Park Dedication Ordinance, because the site is located in the ETS If the site develops wltlun Denton's city limits, park development fees would be collected as part of the platting and building permit processes An lnvol0ntary annexation proceeding is being considered by the City of Denton for the Blagg Road ann~xahon area (See Attachment 1) The City's annexation policy plan, approved in June 1993, notes that the City will "assess on a case by case basis the annexation of areas in the ETJ when slgmficant developments are proposed" Dunng the January 9, 2001, City Council work session, City Council directed staff to institute involuntary annexation proceedings because of infrastructure av~ulabthty and impending development The April 3, 2001, City Council meeting is the first of two required public heanngs to hear public comments regarding the proposed annexatlo~ and service plan, as required by state law The current schedule, as provided in Attachment 2, identifies the other dates and meetings for this annexation OPTIONS 1 Mamlam land area 2 Delete land area 3 Deny RECOMMENDATION Staff recommends that the pubhc heanngs proceed as scheduled The Denton Plan recommends that th~s[area develop at urban dens~tles, rather than rural densities Coordination and management of development ~s a s~gmflcant C~ty objective that can be met through annexation A port~o~of the annexatmn area also contains an Enwronmentally Sensitive Area, which has ~mportantlwater quahty and flood control ~mphcatlons ESTIMA~fED PROJECT SCHEDULE The annexation process, as scheduled ~n Attachment 2, will be completed by June 5, 2001 PRIOR ACTION/REVIEW The following ~s a chronology of A-01-0002, commonly known as Blagg Road Annexation Imtml Contact Date - December 13, 2001 Pm-Des~g~t Apphcat~on Date - January 8, 2001 C~ty Cougcfl W/S Date - January 9, 2001 DRC Date - January 18, 2001 FISCAL IINFORMATION DeveloPment of tbas property will mcrease the assessed value of the c~ty, county, and school d~stnct It will require no short-term pubhc improvements that are the respons~blhty of the c~ty ATTACHMENTS 1 Locat~bn Map 2 Anne:~atlon Schedule 3 Service Plan 4 Draft 0rdmance Respect ful. ly submitted Douglas $ Powell, AICP D~mctor of Planmng and Development Prepared by Beth HudSon Planner I ' ATTACHMENT 1 A-01-0002 (Blagg Road Annexation) NORTH LOCATION MAP Pg 3 Scale None ATTACHMENT 2 ANNEXATION SCHEDULE for the Blagg Road Annexation Area Friday, Mamh 1,2001 Involuntary Annexabon Petition filed, Annexabon Study & Service Plans drafted, 30 day nobce of ~ntent to annex sent to the property owner and each public entity or private enbty that prowdes services ~n the area Fnday, March 16 Annexabon Service Plans completed Wednesday, March 14 Not~ce sent to be pubhshed on Saturday, Mamh 17 on C~ty Webs~te and ~n Denton Record-Chronicle for C~ty Council's first pubhc heanng Fnday, Mamh 16 Property owner nobces and Posting of s~gns Monday, March 26 Deadline for receipt of petitions for oppos,flon (10 days after notice) Tuesday, April 3 City Council conducts first public hearing Wednesday, Mamh 28 Nobce sent to be published on Sunday, April 1 on C~ty Webs~te and ~n Denton Record-Chromcle for Planning and Zomng's pubhc hearing on annexation and zoning and for second C~ty Council pubhc heanng on annexation and zoning Wednesday, April 11 Planning and Zoning Commission's public hearing to consider making a recommendation to the C~ty Council regarding the proposed annexabon and the proposed zomng Tuesday, April 17 City Council conducts second public hearing Sunday, April 29 Annexabon ordinance pubhshed on C~ty Webs~te and ~n Denton Record-Chmmcle Tuesday, May 15 First reading of annexation ordinance - C~ty Council by a four- fifths vote ;nst~tutes annexabon proceedings Tuesday, June 5 Second reading and adopt,on of the annexation ordinance and zoning ordinance - C~ty Council by a four-fifths vote takes final acbon 4 ATTACHMENT 3 CITY OF DENTON ANNEXATION PLAN FOR A-01-0002 (BLAGG ROAD) I AREA ANNEXED The annexation area m located in the eastern port~on of Demon's Extratemtonal Junsdact~on and contains approximately 46 acres along the south mdc of Blagg Road approximately 1,000 feet west of Lakeview Boulevard The annexatlun site is found south of Blagg Road, approximately 1000' west of Lakevlew Boulevard II INTRODUCTION Th~s service plan has been prepared in accordance with the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Mumcipal facilities and servmes to the annexed area described above w~ll be prowded or made avmlable on behalf of the City m accordance with the following plan The C~ty shall provide the annexed tract the levels of servme, ~nfrastmcture, and infrastructure mmntenance that are comparable to the levels of service, ~nfrastmcture, and infrastructure mmntenance available ~n other parts of the city with similar topography, land use, and populatmn density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A Police Protection, Code Enfomement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and eqmpment Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation B Fire Protection Fire protection (w~thm the hnnts of existing hydrants) and emergency medical services will be prowded to the property upon the effective date of the annexation The City of Denton will prowde emergency Medical services, ("EMS") C Road and Streets Roads and streets, wluch have been properly platted, duly dedmated, and accepted by the City of Denton and/or Denton County shall be mmntalned by the City of Denton on the effective date of the annexation New traffic control devices will be ~nstalled as approved by the Denton City Council Installation and maintenance of street s~gns, street hght~ng and traffic control devices w~ll be malntmned by the City of Denton on the effective date of the annexation C Parks and Recreation Facllmes Parks and recreational faclht~es m the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation 5 Master Plan No parks are currently located within the proposed annexation area Denton neighborhood park facilities are the whmh are located within reasonably dose distance of the proposed annexation area Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs D 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 library facilities are mamtmned throughout the c~ty E Bmldmg Inspections and Consumer Health Services Bmldlng inspections and consumer health services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar faclhtles are maintained throughout the City Both services are provided on a "cost recovery" basra, and permit fees offset the costs of services delivered Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton F Planning and Development Services Planmng and development services will be will be made available on the effective date of the annexation The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations City Cotmcfl 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 contmn a Commumty Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatlbthty 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 avmlable infrastructure, and by preserving floodplains as environmental and open space comdors The Denton Plan will be used as a basis for final zoning classfficatlons after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City The Department is an entirely fee based operation and received no resources from taxes Solid waste collection service will be provided to the property upon the effective date of the annexation using ex~stmg personnel and equipment Residents have the option to choose between a private company or service with the City of Denton The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers after the effective date of this annexation m accordance with Texas Local Government Code, Section 43 056(0) (Vernon Supp 2000) To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit a request/application for service Currently the site contmns one vacant residential structure B Water/Wastewater Facdltles Maintenance of water and wastewater facllmes in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment Currently, the area to be annexed is provided with a private water well and a private wastewater system No City of Denton water or wastewater lines exist in the annexation area The City shall provide a level of water and wastewater sennce, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available m other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area C Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation The C~ty shall provide a level of drainage services, infrastructure, and infrastructure maintenance that xs comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the c~ty with topography, land use, and population density similar to those reasonably contemplated or projected in the area D Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility sermce to the annexation area should a request be made by a property owner Electric utility service will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar faclhtles are malntmned throughout the city Denton Municipal Electric is the current electric service provider for this site V OTHER SERVICES Other services that may be provided by the City, such as municipal and general admmmtratlon will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure, and infrastructure mmntenance that is comparable to the level of servmes, infrastructure, and infrastructure maintenance avmlable in other parts of the C~ty w~th topography, land use, and population density s~mflar to those reasonably contemplated or projected m the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Constructaon of additional water, sewer, street, and drmnage factht~es will begin within two and a half (2 ¼) years unless certmn services can not be reasonably provided within that period If certmn services can not be reasonably prowded, the C~ty will provide those services w~thm four and a half (4 V2) years after the effective date of the annexation unless the construction process ~s interrupted by mmumstances beyond the control of the City Constructxon of other capital ~mprovements shall be considered by the C~ty as the needs dictate on the same bas~s as such capital improvements are considered throughout the C~ty VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing m this plan shall require the City to provide a uniform level of full mumclpal services to each area of the C~ty, including the annexed area, ~f d~fferent charactenmcs of topography, land use, and population density are considered a sufficient bas~s for providing different levels of service VIII TERM Th~s servme plan shall be vahd for a term often (10) years Renewal of the service plan shall be at the d~scret~on of City Council IX AMENDMENTS The service plan may be amended ~f the C~ty Council determines at a pubhc 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) ATTACHMENT ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 46 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1200' WEST OF LAKEVIBW BOULEVARD IN THE M FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0002) WHEREAS, on January 9, 2001, the C~ty Council of the C~ty of Denton has directed staff to beg~n annexatton proceedings for annexation of approximately 46 acres of land descnbed heretn, and WHEREAS, on Apnl 11, 2001, the Planmng and Zomng Comm~sslon recommended approval of the annexatton, and WHEREAS, the Ctty Council finds that the area betng annexed contmns fewer than 100 separate tracts of land on wluch one or more res~dentml dwelhngs are located on each tract, and WHEREAS, flus annexatton ts being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Code, and WHEREAS, the City Council finds that all reqmred nottces were gtven ~n the t~me and manner reqmred by law, and WHEREAS, pubhc heanngs before the Ctty Council were held in the Council Chambers on Apnl 3, 2001, and May 15, 2001, (both days being on or after the 20m day but before the 40th day of the date of the tnstttutton of the proceedings) to allow all ~nterested persons to state thetr wews and present evtdence beanng upon ti'ns annexation, and WHEREAS, annexation proceedtngs were ~nst~tuted for the property described heretn by the ~ntroduct~on of ttus ordinance at a meetmg of the C~ty Council on May 15, 2001, and WHEREAS, thts ordinance has been pubhshed ~n full one t~me ~n the offictal newspaper of the C~ty of Denton on Apnl 29, 2001, after annexation proceedtngs were ~nst~mted and 30 days pnor to C~ty Council taking final action, as reqmred by C~ty Charter, and WHEREAS, the C~ty Council finds that the annexaUon will allow the city to ensure development consistent with The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Page 9 S \Our Documont~\Ordmances\01%A01 0002 doc SECTION 1 The tract of land described in Exhibit "A", attached hereto and incorporated by reference, m annexed to the C~ty of Denton, Texas SECTION 2 The servme plan attached as Exhibit "B", and ~ncorporated by reference, which promdes for the extension of municipal services to the annexed property, is approved as part of this ordinance The service plan was made available for pubhc inspection and explanatmn to the Inhabitants of the area being annexed at the above described public heanngs SECTION 3 Should any part of thru or&nance be held illegal for any mason, the hokhng shall not affect the remmmng portmn of this ordinance and the City Council hereby declares it, to be its purpose to annex to the City of Denton all the real property described ~n Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City If any part of the real property annexed is already ~ncluded within the mty limits of the C~ty of Denton or w~thm the limits of any other city, town or village, or is not wltlun the City of Denton's junsdact~on to annex, the same is hereby excluded from the temtory annexed as fully as if the excluded area were expressly described in this ordinance SECTION 4 Ttus ordinance shall become effective ~mme&ately upon ~ts passage and approval PASSED AND APPROVED tlus the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 10 S \Our Doeuments\Ord~nanees\0BA01 0002 doc EXHiBIT A LEGAL DESCRIPTION Being a tract of land situated In the M Forrest Survey, Abstract No 417, Denton County, Texas and being part of a tract of land described ~n a deed to Nell Musgrave, et al, recorded m Volume 293, Page 418, of the Deed Records of Denton county, Texas and being more partmularly described by metes and bounds as follows BEGINNING at a fence post on the south right-of-way line of Blagg Road (variable w~dth right-of-way being the northeast comer of smd Musgrave tract and being the northwest comer ora tract of land described m a deed to Lakev~ew Ranch L P recorded ~n Volume 4391, Page 1738 of the Deed Records of Denton County, Texas, THENCE South w~th the east hne of smd Musgrave tract and a w~re fence, and the west hne of smd Lakevlew Ranch tract, a dmtance of 1643 50 feet to a fence post being the northeast comer of a tract of land described ~n a deed to Doug Prewltt and Anna Kay Prewltt recorded in Volume 1965, Page 834 of the Deed Records of Denton County, Texas, THENCE West with the south hne of saxd Musgrave tract, and the north hne of smd Prew~tt tract, and the north line of the H O and Lavoma Jo Prewttt tract recorded in Volume 820, Page 614, of the Deed Records of Denton County, Texas, a d~stance of 1421 00 feet to a point on the north line of a tract of land described ~n a deed to Doug Prewltt and Anna Kay Prewltt recorded m Clerk's Fde No 93-R0057448 of the Deed Records of Denton County, Texas, also being the southeast comer of a 15 foot road easement conveyed to Beatrice J Peterman, recorded ~n Volume 481, Page 526, Deed Records of Denton County, Texas, from smd point a "T" post bears North 32 degrees 01 minutes 38 seconds East, a distance of 5 34 feet, THENCE North with the west hne of smd Musgrave tract, and the east line of sa~d road easement, a distance of 710 41 feet to a ½'hron rod found for a comer, THENCE East, a distance of 165 00 feet, to a ½ inch ~ron md set w~th a cap stamped "Premse Land Surv "being an ell comer of smd Musgrave tract, THENCE North, a d~stance of 261 78 feet, to a ½ ~nch iron md set with a cap stamped "Precise Land Surv "being an ell comer of smd Musgrave tract, THENCE West, a distance of 165 00 feet, to a ½ inch ~ron rod found for a comer, on the east hne of the aforesaid 15 foot road easement, THENCE North, with smd eat hne, a distance of 247 72 feet, to a 3/8 ~nch ~ron rod found being the southwest comer of a tract of land described in a deed to Arch Oldham and Jonme Kathleen Dunn Oldham recorded m Volume 2860, Page 802 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 59 m~nutes 36 seconds East, wath the south hne of saad Oldham tract and a ware fence, a distance of 676 35 feet to a fence post being the southeast comer of a tract of land described an a deed to Ernest B Parsons recorded ~n Clerk's File No 97-068152 of the Deed Records of Denton County, Texas, THENCE North 00 degrees 05 manutes 17 seconds West, w~th the east lane ofsa~d Parsons tract and a ware fence, a d~stance of 416 59 feet to a fence post on sa~d south right-of-way hne beang the northeast comer of saad Parsons tract, THENCE North 89 degrees 28 tmnutes 01 second East, saad south right-of-way lane, a d~stanee of 745 32 feet to the POINT OF BEGINNING, and contaanang 2,003,300 square feet or 45 989 acres of land 12 EXHIBIT B CITY OF DENTON ANNEXATION PLAN FOR A-01-0002 (BLAGG ROAD) ! AREA ANNEXED The annexation area ~s located m the eastern pomon of Denton's Extraterntonal Juns&ct~on and contains approximately 46 acres along the south side of Blagg Road approximately 1,000 feet west of Lakewew Boulevard The annexatmn rote m found south of Blagg Road, approximately 1000' west of Lakevlew Boulevard II INTRODUCTION Thru service plan has been prepared ~n accordance with the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vemon 1999, as amended) Mumcipal facthties and services to the annexed area described above will be provided or made avmlable on behalf of the City in accordance with the following plan The City shall provide the annexed tract the levels of service, ~nfrastructure, and infrastructure maintenance that are comparable to the levels of servme, ~nfi'astructure, and mfrastructttre maintenance avmlable in other parts of the city with mmflar topography, land use, and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A Police Protection, Code Enfomement, and Animal Control Police service, including patrolhng, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using ex~sting personnel and eqmpment Code enfomement and ammal control services will also be provided to the property upon the effective date of the annexation B Fire Protection F~re protection (w~thm the hm~ts of ex~stlng hydrants) and emergency medical services will be promded to the property upon the effective date of the annexation The City of Denton will prowde emergency Medical services, ("EMS") C Road and Streets Roads and streets, wtueh have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be mmntmned by the City of Denton on the effective date of the annexation New traffic control devines will be installed as approved by the Denton City Council Installation and mmntenance of street signs, street hghnng and traffic control devices will be mamtmned by the C~ty of Denton on the effective date of the annexatmn C Parks and Recreation Facthtles Parks and recreational facilities in the area to be annexed will beg~n upon the effective date of the annexation according to the 2000 Parks and Recreation 13 Master Plan No parks are currently located within the proposed annexation area Denton neighborhood park facihtIes are the whtch are located w~th~n reasonably close d~stance of the proposed annexation area Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facthtles and programs D Library Servmes L~brary servmes will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar hbrary facilities are mmntmned throughout the c~ty E Bmldlng Inspections and Consumer Health Services Building inspections and consumer health services will be made avmlable on the effective date of the annexation on the same bas~s and at the same level as similar facilities are mmntamed throughout the C~ty Both services are prowded on a "cost recovery" bas~s, and permit fees offset the costs of services dehvered Incomplete construction must obtmn bmldmg permits from the Building Inspections Department of the C~ty of Deuton F Planmng and Development Services Planmng and development sermees will be will be made available on the effective date of the annexation The Planning and Development Department currently services th~s property by way of administration of Chapter 34 of the Code of Ordinances, concerning subd~ws~on and land development regulations C~ty Council adopted The Denton Plan, the c~ty's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land m the mty and ~ts ETJ, and the subject tracts contmn a Commumty M~xed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compat~bthty Areas, and 100 Year Floodplain / Enwronmentally Sensitive Areas The Denton Plan demgnates future land uses to manage the quahty and quantity of growth by organlzmg the land use patterns, by matching land use intensity w~th available infrastructure, and by preserving floodphuns as envlronmantal and open space comdors The Denton Plan will be used as a bas~s for final zomng classlficat~ons after the properhes are annexed IV UTILITY (RATEPAYER) SERVICES A Sohd Waste Collection The Cxty of Denton ~s the exclusive residential and commercml sohd waste servme provider ~n the C~ty The Department ~s an entirely fee based operation and received no resources from taxes Sohd waste collection servme will be provided to the property upon the effective date of the annexation using existing personnel and equipment Residents have the option to choose between a private company or service with the City of Denton The C~ty of Denton Solid Waste Department will honor ex~stlng contracts with private solid waste service providers after the effective date of this annexation in accordance with Texas Local Govemmeut Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit a request/applaeatlon for service Currently the site coutmns one vacant residential structure B Water/Wastewater Facilities Maintenance of water and wastewater faclhtles in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and eqmpment Currently, the area to be annexed is provided w~th a private water well and a private wastewater system No City of Denton water or wastewater lines exist in the annexation area The City shall provide a level of water and wastewater servme, infrastructure, and infrastructure maintenance that is comparable to the level of services, Infrastructure, and ~nfrastmcture malutenance available in other parts of the city with topography, land use, and population denmty s~nnlar to those reasonably contemplated or projected ~n the area C Drmnage Services Drtunage mmntenance will be provided to the property upon the effective date of the annexation The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure mmntenance avmlable in other parts of the city with topography, land use, and population density slmflar to those reasonably contemplated or proj coted in the area D Electrical Services Denton Mumcapal Electric is certified by the State and is obligated to prowde electric utthty servme to the annexatxon area should a request be made by a property owner 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 malutmned throughout the city Deuton Municipal Electric is the current electric service provider for this s~te V OTHER SERVICES Other services that may be provided by the Cxty, such as mumclpal 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 mmntenance that is comparable to the level of services, infrastructure, and infrastructure 16 mmntenance available in other parts of the City w~th topography, land use, and population density similar to those reasonably contemplated or projected an the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street, and drainage facilities will begin wltlun two and a half (2 lA) years unless certain services can not be reasonably provided w~thm that period If certain services can not be reasonably prowded, the C~ty will prowde those services within four and a half (4 lA) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the C~ty Construction of other capital ~mprovements shall be considered by the City as the needs d~ctate on the same basis as such capital improvements are considered throughout the City VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nottung m th~s plan shall require the City to provide a unaforlTl 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 bas~s for providing different levels of service VIII TERM Tbas service plan shall be valid for a term often (10) years Renewal of the service plan shall be at the discretion of City Council IX AMENDMENTS The service plan may be amended ~f the Clty 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 eondlt~ons or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) 17 AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 DEPARTMENT' Planmng Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - ZP-01-0001 (Bluffvtew Vtllas) Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan at 1551 Mingo Road from a Single Family (SF-7) zoning district to a Planned Development (PD) zoning dlsmct The 22 7 property is generally located between University Boulevard and MIngo Road, less than 500' east of Ruddell Street A senior housing complex and public park are proposed The Planamg and Zoning Commission recommends approval (5-0) with conditions (ZP-01- 0001) BACKGROUND The applicant is requesting rezomng for a senior housing complex with 250 umts at a density of 11 0 dwelhng units per acre, excluding the park portion, or 8 56 dwelhng units per acre including the park. The overall density of the site is less than the density allowed under the Interim Regulations of 9 6 units per acre The 5 acre park IS a voluntary dedication, designed to enhance the recreation opportunities for the residents of the development, as well as the surrounding neighborhood By restricting the age of the residents to 55 years old and older, the following attributes are realized no children will be added to the surrounding schools, a smaller number of parking spaces decreases the amount of Impervious area in parking lots, and the vehicle trips generated by this development decrease dramatically The applicant has voluntarily increased the landscaped buffer widths from the required 15' to 100' along the northern edge, to 74' on the east, and to180' on the south side of the property The western property line is proposed to have a 15 foot buffer yard The large buffer along the southern edge generally preserves an existing pecan grove, which promotes the preservation of natural areas Also, adjacent to the single family uses, no second floor balconies will be allowed that face east, providing additional privacy to the single family homes ~ The property is located in the Single Family (SF-7) zomng district created in January 14, 1969 by Ordinance 69-01 ~' The Denton Plan shows this area to be within an Existing Neighborhood/Inflll Compatibility area Within estabhshed residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards The Denton Plan recommends that existing neighborhoods within the city be vigorously protected and preserved Housing that is compatible with the existing density is allowed The proposed Zoning Plan meets the intent of The Denton Plan by providing a classic transition between higher density multl-£amfly uses and lower density single £amfly uses Twenty-five (25) property owners were notified of the zomng request Seven (7) responses have been received in favor of the request Addmonally, mneteen letters were received xn support (See Attachments 1 and 3) OPTIONs 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commission recommends approval (5-0) of th~s zoning request w~th the following condmons 1 Amend the hght~ng standard to also note that hght from the development will not be allowed to reflect upward into the mght sky 2 A commumty center, not to exceed 6,000 square feet, to be added to the allowed uses 3 A 6' tall sohd screemng fence of wood panels w~th metal posts and brick colarnns, 50' on center, to be added to the enUre western property hne 4 The monument s~gns shall be placed a mlmmum of 10' from respective property lines 5 The eastern buffer shall be modified to 64' ESTIMATED PROJECT SCHEDULE A Project Plan :s reqmred as the next step :n the zoning process After a Project Plan approval by City Cotmcll, a Prehm:nary Plat and a Final Plat must be submitted for approval PRIOR ACTION/REVIEW The following is a chronology of ZP-01-0001, commonly known as Bluffwew Villas ApphcaUon Date - January 22, 2001 DRC Date- February 1, 2001 P&Z Date - March 14, 2001 FISCAL, INFORMATION Development of this property will increase the assessed value of the c~ty, county, and school district It will reqmre no short-term pubhe ~mprovements that are the responsibility &the c~ty ATTACI~MENTS 1 Planmng and Zomng Commission Report, March 14, 2001, ZP-01-0001 2 Planmng and Zomng Comm~ssmn minutes from March 14, 2001 3 Addmonal Letters of Support 4 Draft Ordinance 2 Respectfully submitted ell, AICP D~rector of Planning and Development Prepared by Beth Hudson Planner I ATTACHMENT 1 ] Agenda No ~ Agenda Item PLANNING ANDZONING COMMISSION o ',e STAFF REPORT Subject' Bluffvlew V~llas- Zomng Plan Case Number ZP-01-0001 Staff Betb Hudson, Planner I Agenda Date March 14, 2001 Hold a public heanng and consider making a recommendabon to the City Council concermng the Zomng Plan of 29 2 acres from a S~ngle Family (SF-7)zoning d lstnct to a Planned Development (PD) zoning district A semor housing complex and pubhc park are proposed LOCATION MAP Location between University Boulevard and Mingo Road, less than 500' east of Ruddell Street S~ze 29 2 acres C \Beth's Projects~Zonlng Plans~Bluffvlew Apts\P&Z report doc Applicant. Ja~;k Potashnlk Owner Jeff Nolan Southwest Housing Development Mobility Systems 5910 North Central Expressway, P O Box 1345 Suite 1145 Grapevine, Texas 76099 Dallas, Texas 75206 The apphcant ~s requesting a Planned Development (PD) zomng d~stnct class~flcabon for approximately 22 7 acres of the 29 2 acre property Under the Interim Regulations, the park site must be included on the Zomng Plan, as it ~s under the same ownership as the proposed mulb~famlly (PD) port~on Pubhc parks are allowed ~n all zoning classlflcabons, therefore the park port~on ~s not being rezoned and will remain zoned S~ngle Family (SF~7) The apphcant ~s proposing a semor housing development at a density of 11 0 dwelling umts per acre excluding the park portion, The proposed density on the entire property is 8 56 dw. elling units per acre including the park (see Enclosure 7) The Zoning Plan proposes 250 senior housing umts and a public park for th~s s~te The pubhc park and park access is approximately 5 5 acres, roughly 19% of the s~te The apphcant is proposing street trees as their design element (see Enclosure 1) 1999-2020 Denton Comprehensive Plan The Denton Plan shows th~s area to be w~th~n an Ex,sting Ne~ghborhood/Inflll Compabblhty area (see Enclosure 2) W~th~n estabhshed residential areas, new development should respond to ex~shng development w~th compabble land uses, patterns, and design standards The Denton Plan recommends that ex~sbng neighborhoods w~th~n the c~ty be v~gorously protected and preserved Housing that ~s compatible w~th the ex~st~ng neighborhood Is allowed Although the proposed uses are not stnctly conmstent w~th Future Land Use Plan, the proposed Zomng Plan meets the ~ntent of The Denton Plan by prowd~ng a classic transition between h~gher density mulb-fam~ly uses and lower density s~ngle family uses (see Staff Analys~s) 1. Transportation A Tnp generation The proposed development would generate approximately 1,648 tnps per day ~f built out w~th typical multi-family uses * This is slightly more tnps than would be generated by 145 s~ngle family homes However, traffic studms based on ex~st~ng sen~or housing complexes ~nd~cate less than 100 tnps per day would be generated, typically dunng non-peak traffic t~mes A Traffic impact Analysis (TIA) has been submitted and rewewed as part of the Zoning Plan/Concept Plan · Calculations provided by the Insiitute of Transportation Engineers, 1991 C ~Beth s ProJects~Zonlng Plans\Bluffvlew Apts\P&Z report doc 5 The TIA submitted by the apphcant recommends the addition of an eastbound nght turn on Umvers~ty and that the driveway entrance be ahgned with the future median opening on University M~ngo Road should be w~dened at the entrance to provide a left-turn pass area Both driveway entrances should have a radii of 30 feet or larger and maintain vls~blhty triangles at each entrance Spemflc traffic design improvements have not been negolated at this t~me between the city and the apphcant B Access The s~te ~s proposing d~rect access to both Umverslty Drive and M~ngo Road No access ~s proposed through the exlsbng s~ngle family development to the east C Road Capacity Mingo Road ~s ~denbfied as a secondary major arterial road by the 1998 Denton Mobility Plan Th~s road ~s a two (2) lane undlwded street w~thout parking, prowd~ng two (2) lanes of through traffic As such, its traffic capacity allows for a tolerable traffic flow of up to 9,100 trips per day A traffic count of 9,311 tnps per day v~as noted, shghtly east of Bell Avenue No traffic count was available for the specific road segment directly adjacent to the proposed site A senior housing complex ~s not hkely to adversely affect Mmgo Road University Dnve is ~dent~fied as a pnmary major arterial road by the 1998 Denton Mob~hty Plan Th~s road ~s designed to be a s~x (6) lane div~ded street w~thout parking, providing s~x (6) lanes of through traffic Assuch, itsdeslgnedtrafflccapacltywould allowforatolerabletrafficflowofupto 27,900 trips per day University Drive is currently constructed with two (2) lanes w~th a turmng lane The most recent traffic counts of 15,246 tr~ps per day for University Drive adjacent to this site indicates that there is adequate capacity to handle the calculated tr~ps that could be generated by the proposed development D Pedestrian L~nkages S~dewalks along all pubhc streets are reeqmred 2. Utilities Th~s site has access to ex~st~ng water and sanitary sewer hnes 3. Drainage and Topography New development will be reequ~red to design and construct a drainage system to c~ty standards General drainage calculabons were prowded with the Zoning Plan, ~nd~cabng drainage ~mprovements w~ll be reeqmred Drainage ~mprovements can ~nclude a detenbon pond, underground drainage systems, and off-site improvements Development of th~s s~te w~ll prowde an opportunity to upgrade existing substandard drainage systems 4 Signs Two subdivision entry s~gns are proposed, one along Umvers~ty Dr~ve and one along M~ngo Road C \Beth's Projects~Zonlng Plans\Bluffvlew Apts~P&Z report d(3~ 6 The s~gns are proposed to be a maximum of 6 feet in height and have a maximum s~gn are of 40 square feet meet the standards reequ~red In the S~gn Ordinance 5 Off-Street Parking New development must prowde off-street parking, according to the regulabons of Chapter 35 (35- 301) of the Code of Ordinances The total number of parking spaces reeqmred by any one developmer~t ~s a factor of land use Typical apartment complexes would require 450 parking spaces The curreent parking regulations do not allow for fewer cars per unit ~n sen~or or reet~rement complexes The parking reeqmrements in the draft Development Code propose 1 parking space per umt for rrebrement complexes The Zomng Plan proposes 1 space per umt or 250 parking spaces 6 Landscaping Th~s property w~ll have to comply w~th the Landscape Code, whmh reqmres 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) 7. Open Space and Recreational. Areas Th~s res[denbal development w~ll be required to participate ~n the development of pubhc recreabonal areas Through the Park Dedication Ordinance (98-039), th~s development w~ll contribute to park land dedication and park development fees The apphcant ~s proposing to dedicate 5 acres for a c~ty park The Parks Department has agreed to accept the park 8 Light~ng The Zon~ngl Plan proposes to meet the lighting standard regarding hght shining onto adJacent properties but does not address hght reflected upward ~nto the mght sky 9 Enwronmental Quality impacts No adverse, environmental ~mpacts are anticipated January 14, 1969 -The subject property was ptaced in the S~ngle Family (SF-7) zomng, d~stnct and land use classification by Ordinance 69-01 (see Enclosure 3) The subject preperty ~s not platted and would need to be platted prior to any development Not~ce of the zoning request was published ~n the Denton Record-Chromcle on March 3, 2001 Twenty-five (25) property owners w~th~n 200' were ma~led legal notices, and one hundred and three (103) residents within 500' were sent courtesy notices informing them of the request (see Enclosure 4) As ofth~s wnbng, there have been three (3) responses Three responses ~n favor and 6 letters m support of the request have been received (see Enclosures 5 and 6) C \Beth's ProJects~Zortlng Plans\Bluffvlew Apts\P&Z report doc 7 Neighborhood meebngs were held on February 15, 2001 and March 5, 2001 Drainage, security, possible land uses, and traffic were hsted as concerns · Drainage ~mprovements will be reqmred by the C~ty of Denton, prior to development (see Drainage section under Special Information) · Secunty measures d~scussed ~nclude a solid screening fence along the enbre western boundary, secunty fencing along eastern edge of park, 24-hour ~nternal security service, mowng the community center closer to the park so security patrol has more v~s~b~l~ty and eas~er access to park, requesting the neighborhood to form a Neighborhood Watch Group, and providing the commumty center as the meeting place for the Neighborhood Watch Group · Under the terms of th~s Planned Development, only a senior housing complex of 250 umts and a five-acm park are proposed No other uses would be allowed However, as the apphcants have d~scussed a community center to service the entire neighborhood, th~s use should be added to the allowed uses · As proposed, the senior housing complex would not require extension of Creek Avenue, Choctaw Avenue, or Seminole Avenue A s~ngle family development would require extension of each of these streets, m addition to at least 2 other new roads to service the development An on-s~te shuttle bus or I~nkages with SPAN have been proposed, which w~ll also reduce the number of trips generated by th~s development The apphcant of the Zomng Plan has proposed a mulb-fam~ly development at a density of 11 0 dwelling units per acre excluding the park port,on, which ~s 8 56 dwelling umts per acre including the park The proposed Zomng Plan provides a trans~bon between the h~gher density multi-family uses to the west and the existing s~ngle family uses to the east at 3 5 umts per acre The overall density of the s~te is less than the density allowed under the Interim Regulabons of 9 6 un~ts per acre The applicant ~s voluntarily dedicating a 5 acre park to the C~ty of Denton, which greatly exceeds the Park Land Dedication requirement of 1 1 acres of park land The ded[cabon of a public park enhances the racreat~on opportumtles for the residents of the development, as well as the surrounding neighborhood The applicant has voluntanly ~ncreased the buffer widths from the required 15 feet to 100 feet on the north, 74 feet on the east and 180 on the south side of the property The western property line ~s proposed to have a 15 foot buffer yard Also, adjacent to the s~ngle family uses, no second floor balconies w~ll be allowed that face east, providing additional privacy to the s~ngle family homes Three s~des of the site are proposed to meet the 15' landscaping buffer requirement of the Intenm Regulabons, w~th the north s~de abutbng University Dnve remaining open The ex~st~ng pecan grove ~s proposed to remain mostly undmturbed, which promotes the preservabon of natural areas By rastncbng the age of the residents to 55 years old and older, several additional benefits are real~zed An ~ncrease ~n the number of children added to the area schools ~s avoided The amount of impervious area for parking areas ~s decreased Finally, the number of vehicle tr~ps generated by this development decreases dramatically The proposed multi-family project ~ncreases ~nfill-hous~ng opportunities ~n a port~on of Denton that has C \Beth's Projects~Zorllng Plans\Bluffvlew Apts\P&Z report doc 8 not seen any recent resldenbal development The apphcants have noted ~n the Zoning Plan that the roof p~tches will be compatible w~th the ex~st~ng single family homes to the east, which ~s an effort to address the community appearance ~n an architecturally sensitive manner Placement of the park at the northern edge of the property enhances the site's appearance along Umvers~ty Drive Staff recommends approval of ZP-01-0001 w~th the following conditions 1 Amend the hghting standard to also note that hght from the development w~ll not be allowed to reflect upward into the mght sky 2 A community center, not to exceed 6,000 square feet, to be added to the allowed uses 3 A sohd screening fence of wood panels w~th metal posts and br~ck columns, 50' on center, to be added to the entire western property hne 4 The monument s~gns shall be placed a mlmmum of 10' from respective property hnes move to recommend approval of ZP-01-0001 with the following conditions 1 Amend the hght~ng standard to also note that hght from the development will not be allowed to reflect upward into the n~ght sky 2 A commumty center, not to exceed 6,000 square feet, to be added to the allowed uses 3 A sohd screemng fence of wood panels w~th metal posts and br~ck columns, 50' on center, to be added to the ent~ra western property hne 4 The monument s~gns shall be placed a m~n~mum of 10' from respective property hnes Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone considerat~on 5 Table ~tem, 1 Zoning Plen 2 Future Land Use Map 3 Zoning Map 4 200'-500' Notification Map 5 Property Owner Responses (3) 6 Letters of Support (6) 7 Density Calculations C ~Beth's Projects~onlng Plans\Bluffvlew Apts\P&Z report doc 9 ENCLOSURE 1 ~r -Ir 7'~'-~'~' ~-'-J- ~ r' ~ -ir ENCLOSURE 2 ZP-01-0001 (Bluff¥iew Villas) NORTH FUTURE LAND USE MAP pg 12 Scale None ENCLOSURE 3 ZP01-0001 (Bluff~tiew Villas) NORTH ZONING MAP pg 13 Scale None ENCLOSURE4 ZP01-0001 i(Bluffview Villas) NORTH 200'-500' NOTICE MAP 200' Legal Notices sent wa Cerbfied Ma~l 25 500' Courtesy Notices sent via 1't Class Ma~l 103 Number of responses to 200' Legal Not~ce · Opposed 0 · In Favor 3 · Neutral 0 Pement of land within 200' m opposition 0% pg 14 Scale None ENCLOSURE $ NOTICE O1' HEARIN6 ZP-01-0001 The Planning and Zoning Commlsslon of the C~ty of Denton will hold a pubhc hearing on Wednesday, March 14, 2001, to consider recommending approval to Cmty Council the Zomng Plan, commonly known as 1551 Mingo Road, In a Single Family (SF-7) zoning d~stnct The 29 2 acre property Is located between Umverslty Boulevard and Mlngo Road, less than 500' east of Ruddell Street A semor housing complex and public park are proposed The public hearing w~ll start at 6 00 p m In the C~ty Councd Chambers of City Hall located at 21§ E McKInney Street, Denton, Texas Because you own property within 200' of the subject property, the Planmng and Zoning Commission would like to hear how you feel about this zomng change request and inwtes you to attend the public hearing Please, In order for your opinion to be taken Into account, return this form~wlth your comments prior to the date of the pubhc hearing (This in no way prohibits you from attending and participating In the pub#c hearing ) You may fax It to the number located at the bottom, mail It tO the address below, or drop it off In-person Planning and Development Department 221 N. Elm St .- Denton, Texas 7620'1 Attn. Beth Hudson, Planner I The zoning process Includes two pubhc hearings designed to provide opportunities for citizen Involvement and comment Prior to the pubhc heanngs, landowners within 200' of the subject property are notified of the zoning request by way of this notice The first pubhc hearing Is held before the Plannlng and Zoning Commlsslon The Commission Is informed of the percent of responses In support and in opposition Second, the zoning petition is forwarded to the C~ty Council for final acbon providing the Commission recommends approval Should the Commlsslon recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area within 200' of the site submit wdtten opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one. ~d"f~r of ~ Neutral to request Opposed to request Comments Pr, nted Name ~.~/~//./~ //~'/~,/~'*~--Z Z ~ Mailing Address ~ ~ ' ~_ ~ ~ ~ ~ Telephone Number '~ - ,~ ~ ~ ~~ Physical Address of Pr~p~ wlthl~200 ~;t }/~.~ ~[~ MAR 0 CiTY OF DENTON, T~S c~w H~L ~ST · DENTON, TE~S 76201 ¢ 840 348 8360 · (F) ~40 349 770¢" Fllename 15 - I ' NOTICE OF PUBLIC HEARIN ZP-01-0001 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc hearing on Wednesday, March 14, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 1551 M[ngo Road, In a Single Family (SF-7) zoning d~stnct The 29 2 acre property is located between University Boulevard and Mmgo Road, less than 500' east of Ruddell Street A senior housing complex and pubhc park are proposed The public hearing will start at 6 00 p m In the C~ty Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own properly w~thln 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing Please, In order for your opinion to be taken into account, return this form with your comments prior to the date of the pubhc hearing (This In no way prohibits you from attending andpart~cipatmg in the public hearing ) You may fax It to the number located at the bottom, mall It to the address below, or drop It off In-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn. Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within 200' of the subject property are notified ofithe zoning request by way of this notice The first pubhc hearing is held before the Planning and Zoning Commission The Commission Is informed of the pement of responses in Support and In oppos~tion Second, the zoning petition Is forwarded to the City Council for final action prowding the Commission3 recommends approval Should the Commiss~on recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~thin 200' of the site submit wntten opposition, then slx out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percenfage of landowner opposition  Please circle one Neutral to request Opposed to request Co Pr, ntedNam// '-~r~-~/~'~ ~_~.~-~~ Mailing Address I~. //J. Y~ -~ /~ City, State Zip. ~/~ ~ Telephone Number ~ - ~ ~ Physical Address of Prope~ ~thln 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Fllename ! 6 NOT CE OF PUBL]:C HEARZN6 ZP-01-O001 The Planning and Zoning Commission of the City of Denton will hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to Qty Council the Zoning Plan, commonly known as 1551 Mlngo Road, In a Single Fatally (SF-7) zoning dlStricL The 28.2 acre property Is located between University Boulevard and Mlngo Road, less than 500' east of Ruddell Street. A sen~or , housing complex and publi0 park am proposed The pubhc heanng will start at 6 00 p.m in the C~ty Council Chambers of C~ty Hall located at 215 E McKInney Street, Denton, Texas Because you own propedG, w~thm 200' of the subject properly, the Planning end Zoning Commission would like to hear how you feel about this zoning change requesf and invites you to a~tend the public heanng Please, In order for your opinion to be taken Into account, return this form w~th your comments prior to the date of the pubhc heanng (This m no way prohibits you from attendtng end parbcipatmg in the public hearing ) You may fax it to the number located at the bottom, ma~l it to the address below, or drop it off In-person Planning and Development Department 221 N. Elm St. Denton, Texas 76201 Attn: Beth Hudson, Planner I The zoning process Includes two public heanngs demgned to provide opportunities for cltrzen involvement and comment Prior to the pubhc hearings, landowners w~thln 200' of the subject property are notified of the zoning request by way of thru notce The first public hearing Is held before the Planning and Zoning Commission The Commisslon is informed of the percent of responses In support and in opposition Second, the zoning petition is forwarded to the City CounCil for llr~al acUon prevldlng the CommIssion recofnmends approval Should the Commission recommend denial, the petitioner may then appeal the request to the CH Council If owners of more than 20% of the land area within 200' the s~te submR written oppo$~lon, then six out of seven votes of the City Council are requlred to approve the zonlng change These forms are used to calculate the percentage of landowner opposit~on. ~ uest~ Please'circle one: or of req Neutral to request Opposed to request Comments. " Signature ~ ~ ~ ~ ~ ~ ,*-~. ~. Prlntad Name' .~,~.~.~ .~_ ~ ~ ~ ~ c.~-.~-,,' ~' ~ Malhn Ad- ~.e.o.J~-~¢> .~ ~-~,.a~ef .:~l~. ;~.~e,~-' ~ .-~.,/~-~./_~. ~ C~ty, State Zip: '-~ ~_~.~r'7~ .J ~ .'7~ ~.~ ~ Telephone Number. ,q~=-z"~.,~ _ _~";'~ o~',,r~ '~,¢r~' Physical Address of Pro~-"~hln :200 feet' /~;'O2.. ~er..p__7',,~,~,~ ~'--~- CITY OFDENTON, TJD~A$ cI'rYHALLW~-~'r · n~NTON, TED(A$ 76201 - 9403498350 , (F) 940 349 7707 17 · ENCLOSURE 6 ~L/F NORTH ZP01-0001 (BluffviewApartments) ! / LOCATION M~P _~ . ~.~ ~ t8* Z~ ~- ~~~ Scale. None NOTICE OF PUBL'r¢ HEARI:N ZP-01-0001 The P~annlng and Zoning Commission of the City of Denton wdl hold a pubhc haann§ on Wednesday, March 14, 2001, to conmder recommending approval to C~ty Council the Zomng Plan, commonly known as 1551 M~ngo Road, In a Single Family (SF-7) zoning d~strlct The 29 2 acre property Is located between Univermty Boulevard and Mlngo Road, less than 500' east of Ruddell Street. A semor housing complex and pubhc park are proposed The pubhc heanng w~ll start at 6 00 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin 200' of the subject property, the Planning and Zoning Comm/smon would like to hear how you feel about this zomng change reques! and Inwtes you to attend the public heanng Please, m order for your opinion to be taken into account, return th~s form w~th your comments prior to the date of the pubhc hearing (This in no way prohibits you from attending and participating in the public heanng ) You may fax It to the number located at the bottom, ma~l ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn, Beth Hud.son, Planner 1 The zoning process Includes two pubhc hearings designed to provide opportumbes for c~bzen ~nvolvement and comment Prior to the pubhc hearings, landowners w~thm 200' of the subject property are notified of the zoning request by way of th~s nobce The first pubhc hearing ~s held before the Planmng and Zomng Commission The Commismon is reformed of the percent of responses m support and ~n oppos~tion Second, the zoning pet~bon ~s forwarded to the C~ty Council for final acbon prowdmg the Comm~ss~lon recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200' of the rote submit written oppos~tion, then slx out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposrtion I~i r~Opposed to request Printed Name .~.~\ o..,,,~ X["~~' ~'---0 ~p, ~ City, State Zip '~,'~.:~',~..~ ~ ~{,~'2..O ~t Telephone Number ~/,, ~ ,d~ ~ 1~- ~ q. ~ ~ / £-- ~ - , -- . Physm. al Address of Property w~thln 200 feet CITY OF DENTON, TEXAS ClTY HALL WEST . 13FNTON TEXAS 76201 · 9403498350 · (F)9403497707 NOTICE OF PUBLIC HEARIN ZP-OI-O001 The Planmng and Zomng Commission of the C~ty of Denton w~ll hold a pubh¢ heanng on Wednesday, March 14, 2001, to consider recommending approval to C~ty Council the Zomng Plan, commonly known as 1551 M~ngo Road, in a S~ngle Family (SF-7) zomng d~stnct The 29 2 acre property is located between Univers~ty Boulevard and Mmgo Road, less than 500' east of Ruddell Street A semor housing complex and public park are proposed The pubhc hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/th/n 200' of the subject properly, the Planning and Zoning Comm¢smon would like to hear how you feel about this zomng change request and mwtes you to attend the pub/lc heanng Please, fn order for your opinion to be taken into account, return th~s form with your comments prior to the date of the pubhc heanng (This m no wayproh/b/ts you from attending andpart/clpat~ng In the public heanng ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop it off m-person Planntng and Development Department 221 N Elm St Denton, Texas 76201 Attn' Beth Hu.dson, Planner I The zoning process Includes two pubhc heanngs designed to prewde opportunities for c~t~zen ~nvolvement and comment Prior to the public heanngs, landowners w~th~n 200' of the subject property are nobhed of the zomng request by way of this not~ce The first pubhc heanng ~s held before the Planning and Zomng Comm~smon The Commission ~s reformed of the percent of responses m support and m oppos~bon Second, the zoning petition is forwarded to the C~ty Council for final action prowdmg the Commlsmon recommends approval Should the Comm~smon recommend demal, the petiboner may then appeal the request to the City Council If owners of more than 20% of the land area w~th~n 200' of the site submff written opposition, then six out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition  Please clrcle one Neutral to request Opposed to request Comments S~gnature ~ - Printed Name {/ '~"lX~lJ~ ,J~l/Eatr, C,ty, StateZfp ~A~ .~ ~6~D~ Telephone Number Phys~l Address of Prope~y w~th~n~feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON TEXAS 76201 · 9403498350 · (F)9403497707 NOTICE OF PUBLIC HEARING ZP-01-0001 The Planmng and Zoning Oommlsslon of the City of Denton wdl hold a public hearing on Wednesday, March 14, 2001, to consider recommending approval to Oity Oouncd the Zomng Plan, commonly known as 1§§1 Mtngo Road, ~n a 81n§le Famdy (SF-7) zoning district The 29 2 acre property is located between U~mversity Boulevard and M~ngo Road, less than §00' east of Ruddell Street A semor housing complex and public park are proposed The pubhc heanng wdl start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/th~n 200' of the subject property, the Planning and Zoning Commission would kke to hear how you feel about th~s zomng change request and ~nv/tes you to attend the public heanng Please, ~n order for your opinion lo be taken rotc account, return th~s form w~th your comments prior to the date of the pubhc heanng (Th~s m no way prohibits you from at~end~ng andpart/cipatmg m the pubbc heanng ) You may fax It to the number located at the bottom, ma~l ,t to the address below, or drop it off m-person Planning and Development Department 221 N, Elm St Denton, Texas 76201 - Attn Beth Hu.dson, Planner I The zomng process ~ncludes two pubhc heanngs designed to provide opportunities for c~t~zen ~nvolvementland comment Prior to the public heanngs, landowners w~thln 200' of the subject properly are nobfied ,of the zoning request by way of th~s nobce The first pubhc hearing ~s held before the Planning and Zomng Commission The Commission ~s informed of the percent of responses in supporl and m oppos~bon Second, the zoning pet~hon ~s forwarded to the City Councd for final action prowdmg the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~thln 200' of the site submit written opposition, then s~x out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one Neutral to request Opposed to request Comments S ~g n at u r~_,L"~-,¢~ ~-~¢..~.~ _ Pnnted Name ~ Ma~hng Address ~¢-*~:~ ~ - - City, State ZIp [~/'"~/~'~""~¢'t~'.,~ '7'"~' ~/ Telephone Number ~ Phys~l , Address of Properly with r CITY OF DENTON, TEXAS CITYHALLWEST , DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 NOTICE OF PUBLIC HEARIN ZP-01-0001 The Planning and Zomng Comm[smon of the C~ty of Denton will hold a pubhc heanng on Wednesday, March 14, 2001, to conmder recommending approval to C~ty Councd the Zomng Plan, commonly known as 1551 Mingo Road, ~n a S~ngle Family (SF-7) zoning d~stnct The 29 2 acre property Is located between Umvermty Boulevard and Mlngo Road. less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The pubhc hearing will start at 6 00 p m ~n the C~ty Councd Chambers of CRy Hall located at 215 E McKmney Street, Denton, Texas Because you own property w/thin 200' of the subyect property, the Planmng and Zomng Commission would bke to hear how you feel about th/s zoning change request and ~nwtes you to altend the pubbc hearing Please, m order for your opinion to be taken into account, return th~s form with your comments prior to the date of the pubhc heanng (Th~s ~n no way prohibits you from attending andpart~c/pabng ~n the pubhc hearing ) You may fax it to the number located at the bottom, ma~l ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hu.dson, Planner I The zomng process includes two pubhc heanngs designed to prowde oppodunltles for at,zen involvement and comment Pnor to the public heanngs, landowners w~th~n 200' of the subject property are not~fied of the zoning request by way of th~s notice The first pubhc heanng is held before the Planning and Zoning Commission The Commlsmon ~s informed of the percent of responses in supporl and ~n oppombon Second, the zomng pebbon is forwarded to the City Council for final action providing the Commission recommends approval Should the Comm~smon recommend demal, the pebboner may then appeal the request to the City Counml If owners of more than 20% of the land area within 200' of the sRe submit wntten oppombon, then mx out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of, landowner opposlbon Please circle one I~ f~av0r of reques"t~ to request Opposed to request Neutral Comme'~ ~ S~gnature ~ Printed Name Mad~ng Address [~[~' ~014~ - C,ty, State Zip Telephone NumberL~)' ~ '~ ~ [ J Physl~l Address of Properly within ~ee, ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 MCKlnney Street Baptist Church 3000 East McKinney Street Post Office Box 961 Denton, Texas 76202 (940)387-3650 (940)382-1774 fax February 15, 2001 Dear Southwest Housing Development, Thank you for the t~me you spent w~th me explmmng your plans to develop a semor resident project I do beheve ~t will enhance our commumty Also, I feel sure tbas ~s the way we would want our commumty to develop Tlus seems to meet a umque roche and need m our commumty that ~s not being addressed The large open area and low density resident to acre development will ~mprove the look of our commumty I look forward to worlong w~th you and the new residents S~ncerely, Bill Black Pastor, McKmney Street Baptist Church I ENCLOSURE 7 DENSITY CALCULATION WORKSHEET Bluffview Apartments Area Summary/Base Density Calculation Land Classification Area (acres) Base Density # of Units Floodway 0 0 0 Flood Fnnge 0 4 0 0 Other ESA 0 4 0 0 UnconStrained 29 2 8 0 233 6 TOTAL 29 2 ...................233 6 Base Density (233 6 umts / 29 2 acres) 8 umts per acre Increased Density Calculation for Open Space Features Percentage of Land as Density Factor Increase in Open Space Denslty 20,0% (Sac,) I . 10% of base DUA* 0 8 DUA *calculated by a 1% increase m density for the first 5% of land area for open space and an addat~onal 1% of density for each 1% of land area m open space, up to a maxunum density mcrease of 10% 'Increased Density Calculatmon for Parkland Dedication Percentage of Land as Density Factor Increase in Open Space Density 20 0% (Sac) 10% of base DUA 0.8 DUA Increased Density Calculation for Design Features Number of Design Density Factor Increase in Elements Density t' (street trees) 0 1 DUA per 3 elements 0 0 DUA Total Density wroth Dedmation and Design Features Base Density (233 6 umts / 29 2 acres) 8 umts per acre Densely due to Open Space Features 0 8 umts per acre. Density due to Park Land Dedication 0 8 units per acre Density due to Design Features 0 0 units per acre TOTAL ALLOWED DENSITY 9.6 umts per acre Total Allowed Number of Units 9 7 dua X 29 2 acres 280 units Proposed Density - 250 units/29.2 acres = 8 56 unmts/acre 24 ATTACHHENT 2 Page 99 1 tf you recall tt wasn't that long ago th~ ..... ~ developed there~ but not with such a huge 2 -- an applicant did 2 ln[eflslt~ And I don't think a community grocery store ns 3 t -- 3 really the answer 4 MR MORENO Domed by Counctl 4 But, I thnk like Mr Pash¢l said, the 5 ~. REICHHART Well, ' It was 5 [p to 6 dented but tt was domed 6 7 was dented7 Thanks 7 to bloat the land tomethmg 8 okay So 8 more than could me I would 9 the floor to den, Plan Is 9 like to make a :leasn't want to 10 are you ready to vote? 10 talk I 1 MR RISHEL I to make an 11 : ~s open to a motion 12 observatLon 12 on Item l0 Is Commissioner Gourdie 13 MR MCNEILL 13 Ma CK)LmDIE. .~ tO deny zP oo o17 14 e had thts property 14 i second? 15 before and some 15 Ms .O~.T 16 m -- I Just want 16 and 17 vet 17 seconded Is additional item? 18 to thts that it's - 18 Are, ) vote'~ please MoUon 19 19 20 the keep the I 20 and I ttunk that the people have beet 21 ~PPosmol~ ~ here And I could ~ Ma MCNEILL ColllImssiongts, would mprovements that a break7 Seeing a request, tt's 8 20 make tt acceptable 25 MR MCNEILL yeah To follow ~ 25 (eg~ TA~:E~) Page 98 Page 100 I I MR MCNEILL All rlgh! I'll reconvene the 2 that nomarent was made by some of the : where I 2 P&Z meeting and we're ready for Agenda Item No 12 which 3 d 0n the door They hked this much than the 3 is to hold a pubhe heanng and consider reeommeadlng 4 ~ that had been proposed for t 4 approval m City Council the zoning plan for the Bluffvlew 5 ,RISHe~. nutIappreeiatet 5 Apartments AndIbehe~eMs Hudsen~sgomgtobrmgus 6 ~ own naent 6 the staff report 7 Ma M1 right 7 MS 8UOSO~ Thank you very much, ladies and 8 or are vote7 Vote ~n tls board 8 gentlemen 9 Mouen passes 9 MR MCNEILL oh, excuse me Let me interrupt 10 gi'qD MORENO VOTINO IN 10 you Just one moment Gaven the number of items we have to I l OPPOSITION) 11 go, the Conumssieners have said that we ~ll not have the 12 MR MCi,~It.~ We need to tak~ up Item 10, 12 work session this eveamg on the Code So if you're here 13 to amend the allow the oonstrucUon 13 to -- there wasn't a pubh¢ heanng on the Code but them 14 of a commantty ~ r hem And w~'ve heard 14 was a potonual work session and we've decided that the 15 discuss~on closed the heanng Do you have 15 number of Agenda ~tems we have to go, we will not hold 16 16 that work session after the regular open moating th~s 17 17 evening Excuseme Goahead 18 ~OUa~)te. ~ ~ust want to on page 8 of 18 MS HUDSO~ That's fine Thank you The 19 , table 2, if you look at the : 2016, most of 19 Agenda ttem that we're lenlang at currently is an are sell E, F's and D's 20 approximately 30-acre s~te that ~s bounded on the noah by bad ac¢orthe 21 Umversaty and on the south by Mango What we're looking So it's 22 at is apprommately 23 acres that would be used for a ~f mterestmg no matter what we're to do, 23 senior housing facility and a five acre site that would be it might not prove to be a ! 9n given as a park so ! think that we just, again, 25 Under the interma regs, the entire property ~aCH 14, 2001 Page 97 - Page 100 CondenscItTM Page 101 Page 103 1 ownersl~p must be included m the zoning plan, owm though I help monitor the park Also, tho applicants have 2 State regulations do not require, our currant Zoning Code 2 requested that the neighbors both over here and over here 3 dens not require that tha public park be rezoned I 3 form a ucnghborhood watch, and they would be opening up 4 wanted to make that point clear up front Th~ park will 4 the cormnunay center for the neighborhood watch me,tings $ reinam Single-Family so that the only pomon that's 5 One of the other concerns as far as land uses 6 actually b,~ng changed is the rest It's almost 23 acres 6 that was brought up is what exactly would be allowed on 7 What they're proposing is 250 senior units, 7 flus site, and I wanted to reiterate that the proposal 8 which comes up to a density of about 8 6 dwolhng units an 8 that we're sccmg before us tonight only allows a park and 9 acm Tho existing Comprel~nsivc Plan designation on the 9 the senior housing complex No retail would b~ allowed 10 site is existing neighborhood -- and with the surrounding 10 No offices would be allowed No muta-famfly of anyone 11 development of the Multi-Family and scattered residential 11 wbo ~s > ounger than 55 would be allowed to bye h~re 12 her~, thc site, as it's bcmg proposed, forms a good 12 It's that restrictive The oth~ things, too were tho 13 transition from the Multi-Family her~ to tho Smgla-Faunly 13 traffic hated If tlns were kept in its standard single 14 in flus ~ 14 fanuly zoning as it is today, each of these sllq~ts hero 15 One of the other things that the apphaants 15 Chocta'~ S~nmole, and Creek would all be r~lUll'~d to bo 16 are proposing to do because this is a senior housing 16 opened up and have through strests that would go through 17 facthty and they have stahstics, as well as tho 17 the neighborhood 18 guidelines from our draft Code, that show that seniors 18 This s~t¢ has several b~nefits that we 19 have fewer cars than typical apartments What thoy'ee 19 lypicall) don't see in most proposals that am brought to 20 proposing is one car per umt which :s drama~cally l~s 20 us We did not ask for th~ park This was something that 21 than what would be proposed or requmxl under our cun~nt 21 they voluntarily brought to us and requesting almost 20 22 desiguation Our draft Code alse has that same standard 22 pereent of the~r sae to be given to the Clty Idon't 23 So they are alr~dy moving towards implementation of our 23 think I'~ sun another developer, in my short time in 24 draft ordinance in that rggard 24 ,planning do that There may have been others, but it's 25 A couple of other things that the applicants 25 not v~i~' common The other thing, too, by lamtmg this Page 102 Page 104 1 are proposing to do, they are moreasmg the buffer yards I development to people 55 years and older, it's going to 2 on the north, on the east, and on tho south typically, 2 dramatically deerease -- well, ~t would remove the number 3 dramatically above the 15-foot minimum rextmre~nent that we 3 of school chddren that would be added to thc Denton 4 have Th, amount that they're proposing to increase the 4 school d~stnct remowng the possibility of adding 5 buffers by ranges from 74 feet to almost 200 fe~t eno of 5 adthtlonal students onto at capacity schools for these 6 the other m:l. mrements that they're loolang at doing for 6 areas 7 any braidings that would be on tho eastern side, which is 7 They're also reducing the number of parking 8 closer to tl~ Stogie-Family, is requmng buildings that 8 spaces, wluch correspondingly reduces the amount of the 9 are two stones and above not having any balconies that 9 pervious area and ends up helping the dramagu, as well as 10 face the east 10 the overall amenmas of this site And because they're 11 We had two neighborhood meetings on this 11 typically requesting or because the people who are 55 and 12 propagt, one m February and one m March Thom wore 12 older typically travel less than farmhes with young .13 typically four major concerns that were hsted or that 13 cluldren, the amount of traffic that would be generated by 14 were brought up at those meetings The drainage, s~cmaty 14 this project as compared to other projects would be 15 issues, possible land uses, and traffic weee all hsted as 15 dramatically less 16 contains The dramag* improvements, of course, will have 16 I do have additional letters of support that 17 te be met by the current Code that the City of Denton has 17 came in after the staff packets had already been passed 18 roqun'edfordmmageanprovements Thosecantymessares 18 outtoyou And at tlus ttme l wdl turn lt over to the 19 that the apphaants have mcnUoned at tho n~olmg were 19 applicants for their presentation 20 mcluthng,thngs hke a sohd fence all along the western 20 MR MCNE1LL I~t's 8~ tf the Commissioners 21 edge, which as you can see la almost 2,200 hnoar feet 21 have any questions for you first Commissioners, do you 22 Although the site plan is not a part of this, one of tho 22 have any questions for staff on her report? Commissioner 23 things that th~ are proposing ~s a conunumty center, 23 Holt 24 they're loolang at mowng the commumty center closer to "' MS HOLT Yes How many umts d~d you say~ 25 the park so that the security for the complex oould also 26 MS HU~SO~ THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 Page 101 - Page 104 Condens¢ItTM Page 105 Page 107 I MS HOLT NO, I mean buildings of course, on our east ~s thc sr ?, showing some examples 2 MS HUDSON That would be on the site plan 2 of the homes there for the most part I think The 3 that you will be seeing at a later time What we have 3 subdivision there is extremely well maintained and the 4 seen m the neighborhood meetangs are three clusters of 4 houses are really mcc Mowng to thc other s~de, to thc $ buildings, one group here, one group here, one group here, 5 east side there, we have some townhomes that are neat 6 and each of the clusters has two buildings m it So 6 looking there on the southwest side And moving up the 7 we're looking at a total of SlX 7 road, we have some older tesiduntial homes, some m really 8 MS HOLT Arid would a road access go all the 8 good shape and some not so good shape There's some mixes 9 way through the property? 9 of duplexes and I think four-plexes It's kind of hard to 10 MS HUDSON Yes, ma'am 10 tell And then up on the further up on the west side 11 MS HOLT Connecting University to Mmgo9 11 is the older muM-family braidings And then on the far 12 MS HUDSON Right It will come basically at 12 northwest corner is the cormnercml sites, the bowling 13 the end of the cul-de-sac bulb here for the perk access, 13 alley, and across the street, the service stations 14 and kind of meander through 14 The proposed zoning in accordance with the new 15 MR MCNEILL Other questions? Thank you very 15 Code shows th~s to be an NR 3 site Directly to the 16 much So I will open the publtc heanng with the normal 16 ex~stmg neighborhood on the east :s NR 3 also Dr 17 rules of our public hearings for the Comnusslan and ask ff 17 Evans' site, if you remember that triangular piece, is 18 the applicant or the applicant's representative is here 18 scheduled to be NR 4 If you look all the way down to the 19 and would hke to make a comment Must be St Patrick's 19 southeast, that ~s N~ n also There's an existing home 20 Day 20 there now Moving on the other s~de -- there's a railroad 21 MR BUSSELL Iworethlsjustfory'all My 21 oa the south and Mlngo, bytheway Gomgtethewest 22 name ts Allen Bussell I work for Surveyors & Engineers 22 side there is DR 2 and then moving up to where the bowhng 23 of North Texas, 1621Amanda Court m Ponder I'mhere 23 alleyls,s~co 24 representlog Southwest Housing on this project It's been 24 Th~s is the site overall We show access 25 a challenge The neighbors have been really good to work 25 locatlunS along University Dave That is a pubhc Page 106 Page 108 I w~th and we appreciate their tame I know It's not much I access, a public road right now to access the park On 2 fun to come out in a driving rmnstorm to meet w~th us, 2 the south s~dc is a private access and a private road 3 but we appreciate them If we could have on the screen m, 3 would meander through the site and through the buildings 4 presentataon Thankyou I'll just go through the 4 g~vmg the resideats access through both sides Thepark 5 presentation here and I showed this at the neighborhood 5 looaUon up the~ on the northeast sldn of the progeny, 6 meeting, and tf you have any questions during this, please 6 as Ms Hudson had said, we have buffers around the 7 don't hesitate to pause and stop me 7 property A correcuon on the east side, we have a 8 TtuslstheloeaUon As you ean see we're 8 64-footbuffer~nsteadofa74-footbuffer Onthesouth 9 just south of University, north of Mmgo, when it comes up 9 side, we have 180 feet and thatpreserves all those 10 again We're east of Ruddell and west of Creek, Chectaw, 10 pecans that pecan grove down thare The weat side ~s 25 11 and Senunole, to give you an idea of where we are As Ms 11 feet and we moved that over a little bit to got drainage 12 Hudson had said, we're approxtmately 30 acres, 29 pomt 12 back there And then the north is 100 feet Yes, sir 13 something, 630 feet by 2,200 feet, and tlus shows the 13 MiL lnsneu could you point at those as you 14 contours here But I've got a picture here showing a 14 go along? lust go hack through that I hate to interrupt 15 little blt better idea of what the site looks hke 15 your flow here 16 contour-wise Elevation ranges from about 675 down to 16 MR ~USS~L No, no, that's all right Yeah 17 about646 Two large ndges m the property, onetothe 17 This side r;ght here is 64 Th~snghthemdownbyMmgo 18 northwest and then one about the center on the east side 18 is t80 Th~s is 25 and this is 100 And then, of course 19 The three-dunanslonal image on the bottom left there nught 19 the park by itself, ofoourse~lsabuffer It'satleast 20 g~veyouahttlebetterpmture It's looking from 20 200fest Thepecungrovelsdownheee I'm wamng for 21 Umverslty at the northwest side down to the northeast 21 the computer to catch up w~th me The pecan grove is down 22 side, and ~t's exaggerated five tunes m the vemeal to 22 hero 23 love you a better elue of what's happemng there It 23 MaPaSHEL Thankyou, sir 24 helps me to look at those Ma EUSSELL Yes. sir TMs is the public 25 Some of the surcotmdmg uses around the area, 2 7. street that accesses the park Using the new -- the Comp THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 Page 105 - Page 108 CondenseItTM Page 109 Page 111 I Plan and the o~w design manual, I basically came up w~th I thc b~g change as I r~nember ~t 2 th~s des~g~ as a turnstile one way am'and the cul-de-sac 2 MS notmD[~ 'thank you 3 bulb therO gtwng access to both the multi family 3 MR BUSSELL Yea, ilia'am 4 r~den~,lth~ semor commumiy, and thc park vath tr~ 4 MR MCNEILL other questions for thc 5 landscaping threugh the whole thing and tcxtu~ pavement, 5 apphcant? Th~s would bc managed, hke~ by a company and 6 a ! 5 foot road seataon on each s~dc and some ad&ttonal 6 the re$ldcnts would lease these, rcat them? 7 pavement on tho mcdmn for the fire trucks Thts 15 a 7 MR BUSSELL Yes, Sir ']'[lc l~31dcnt~ would 8 wow Into that road from Umvccslty, to ~vc you a better 8 lease them It's the same company throughout tho cnt~rc 9 ~dea ff you'~ a wsual person hkc myself It's cas~er 9 process Southwest Housing develops thc site, manages thc l0 to look at th~s than a plan T'ms Is a wcw mtn thc park 10 $~tc, and owns thc s~tc And bccauso of their financing 11 or mtn -- the park would be on your left there and tl~s 11 they ~aust own thc s~te for 15 years So they can~ol ~t 12 15 ff you're driving m lookm$ down lo~ thc development, ! 2 for that long !3 wlththcstrccttrccs Andtheatlu$~sthaparkas 13 ~u~ Me,SILL verygood !4 you'r~lookmgbacktowardUmverslry I'ms~'ty 14 MRBUSSELL ^ndthcyarche~andfft~ 15 Ma RISHEL Ia that a fu~u~stlc car? 15 arc dctadcd questions on that aspeat, they can answer 16 Ma BUas~LL Yeah, I hkc that '64 16 those dctadcd questions 17 Thunderba'd ~n summation, 3[ know tl~s, I've bcea gem8 17 Ma Ma, mm~ ¢omm~$smner Morcno 18 through thc n~w Code, thc Comprehensive Plan, th~s dena 18 Ma MURalo Yes, s~r How would you enforce 19 conform to thc mtc~m ordinance, to thc Denton Plan, and 19 thc scmor aspect? In other words, how would you enforce 20 the design gu~dchucs of tho Development Cod. c Wc 20 thc 55 age 21 prcserverl this existing nclghburhood with thc park, thc 21 Mu eUSSELL It'S dead ~cted and because 22 setback buffers, and w~'vc provided open space for thc 22 of their bonthng, and they could probably answer 23 residents here and, of course, w~th thc park thc 23 bc~er than ! can, but they've got to mcat certain 24 residents in thc neighborhood 24 reqmrcmcnts, both ~ncomc w~sc and m tl~s case age w~sc 25 As w~ ge~ mtn thc pro. lent plan and ~lnngs 25 And that's how you do ~t It's dead reamctcd Page 110 Page 112 1 hke that, you'/1 gag to -- well, we may not get to sec I MR MORENO BUt they wo~ld still permit :2 it ! don't know how this goes But you get to sec how 2 temporary grandchildren, ws~ts from grandchildren and 3 the buildings look on the stte And I've go~ a PDF file 3 things of that nacre~ 4 here ! can show you what the stte actually looks l~e, 4 MR BUS,ELL Oh, l'm sure ~t docs They're 5 ff you want to see that Is there any o. ucstions'~ 5 not residents, they're ws~tors 6 MR, MCNEILL Any ~.ucst~ons for the apphcant? 6 MR MENE~LL coran~sstoucr Holt 7 I cen't sec thc hghts so you're gomg to have to ratse 7 M~ HOLT Yes Is thts any kmd of 8 your hand Commtsstouer Oourdte 8 subs~thzed housing or low mcorae or sltdrag scale or 9 Ms C.-OUaDIE What was changed from thc 9 anything? 10 nerghbo~'hood~ectragtot~uspresentatlon9 D~dy'allraake l0 MR BU~ELL NO No 1 ! any changes and take rato cons~dcratlen any of thc 11 M~ HOLT ~t's not? ! :2 comments or coneems that the neighbors had at flus 12 M~ BUSSELL NO, they pay the rent and they 13 meetrag last Monday? !3 pay thc rent Pretty sunplc deal 14 MR BUSSELL The big change was w~th our 14 M~t MCNEILL okay Do yo~.l have plans to work 15 dr~nage If you look -- let fac scroll here to that 15 w~th the -- our Denton ~ans~t system to raaybe get a bus 16 topograptuc s~tc or thsplay In th~s area here, Choctaw, 16 stop there'~ 17 get~ an ¢×treme amount of draraage rtght now, a lot of !7 MR BUSSELL WC have contacted SPAN and, yes 18 draraagenghtnow ^t the last netghborhood raectrag 18 MR MCNEILL Okay Verygood 19 after ta~k~ng to ray c. ngmccr, we can bcnn that s~ta and 19 MR BUSSELL And the corapany also provides 20 create a pond there, a detention facthty -- it's not 20 van scrwoa of their own for the residents 21 really a pond lt'snotgoragtoholdwatcrlong-tcrm 21 MR MCNEILL ¥cah, wcll, at 55 a lot o£ them 22 w~sc -- w~th an outfall structure Wa're cagraearmg the 22 will be mobile, I hope 23 s~to now and we've been able to drop that from, you know, 23 MR BUS,ELL Yes 24 bas~cally, the unpact of a 100-year storm down to thc 24 MR MCN£~LL I was there a long ttmc ago 25 unpact ~f a fire-year storm by bcrrmng that And that was :25 Okay Very good Do you have adchttoual comments~ TH~ PLANNING AND ZONING COlVlIVlISSIO~ 28 ~H 14, 2001 Page 109 - Page 112 CondonsoItTM Page 113 Page 1 15 ] /dR BIJSSELL 'that's n 1 is there not going to be a fence? 2 MR MCNEmL okay Comnussioners, do you 2 MS HUDSON Currently, there is not a fence 3 have additional quo~tions? Thank you very much We 3 proposed 4 didn't do what we dld on the othar I should have opened 4 MR MORENO Nora fence Okay Thankyou 5 the pubh~ hecnng for both Item 12 and 13 so if you -- 5 MR MCNEILL Commissioner Rtsh¢l 6 I stand corrected Justl2, okay I'mserry My 6 MR RI~HEL l'mjustwondermgoflagal 7 mistake I've only made one tonight so we're In pretty 7 counsel -- 8 gend shape Since this la a pubhc hearing and we have 8 MR MCNEILL Is there a question for her'~ 9 some cards of folks who had said they would like to speck 9 MR RISHEL NO, for Mr Snyder 10 m supper~ of this item, is ,Iud: Havens hero? 10 MR MCNEILL okay Thank you very much 11 Ms HAVtINS 1 m audi Havens and ! hve at 11 MR RIaHEL Just wanted to find out if Ms 12 1501 Chcetaw and my house actually borders what would be 12 Havens might have some sort of conflict of interest She 13 the park that is being prepo~ed and thc property I'm for 13 might see this as some sort of babysitter that's on-site 14 this proposal mainly because of the park I have three 14 here and might -- ~t's still okay to speak in public 15 children and another one on the way But also I think it 15 format here Thank you 16 will benefit our nmghborhood having an elderly pre3ect 16 MR MCNEILL we're going to send you to law 17 like this as opposed to other things that could come in 17 school, Commissioner Rishel Mr Paul Wright would hk 18 the'ce I don't kke seamg the cul de-saea getoag opened 18 to speak Is Mr Paul Wright here? And following him 19 up with single fanuly homes since I am on one of the 19 will be Brent Yeldell z0 cai-de sacs And that's basically It I'm m s.upport of 20 MR WRIGHT I'm not real good at speaking in Il that and I,think it will help vath tho drainage, too 21 public like this My wife was going to be here tonight 22 Right now my backyard is a swamp so I think that anything 22 but she couldn't make tt so I lucked out and got to do 23 that can help with that would be great, if we could get 23 this 24 the water out of there 24 MR MCNEILL wedon't bite sotakeyour tLme 25 MR MCNEILL. V~ gOOd Counlussloner Moreno 25 MR WRIGHT Okay Well, originally, we were Page 114 Page 116 I has a question for you I -- I was going to be against this I've been always 2 MR MOP, ENO Y~$ How would your children 2 against development over there It's always been, from 3 access the park? 3 what I understand, Single-Family 7, so I was going to be 4 MS HAVENS well, from what I understand, 4 against this plan And I went to the first meeting, the 5 there will bo access there or they can put up gates at the 5 neighborhood meetmg and I sat and listened and the more 6 nmghborhoodsagamstlt I'm not sure exaetly how that's 6 theysald, itjustsoundedalotbetterthanwhat- you 7 going to work, but tf there's no fences along there, we'll 7 know, eventually, probably sooner than later, something is 8 be walking right m 8 going to go m over there It's supposed to be houses but 9 MR. MORENO There vail not be a fence there, 9 from what I understand, tf they bmld houses there, they 10 is that your understanding? 10 will open the cul-de-sac I hve at 1513 Creek so I'm 11 MS HAVENS That was my understandmg or I'm 11 pretty elose to the end of the onl-de-sae theze I'vegot 12 not sure about that That was my understanding of it or 12 three kads 13 gates 13 And, you know, the big concern has always been 14 MR MORENO I thank Ms Hudson has -- 14 with a lot of apartments bmng buxlt over there, a lot of 15 MR MCNEILL MS Hudson wants to respond to 15 people conung over there And this sounds like it won't 16 that questaon 16 have that many folks The people that wall be there will 17 MS HUDSON In respens~ to your question, the 17 be older folks Idon'tthmkthey'flbecausmgalotof 18 standard,park requirements are to not have thorn fenced 18 trouble over there So, you know, I would have really 19 unless sgectfically designated by the neighborhood The 19 hated to see the cul-de-sacs open all the traffic that we 20 neighborhood had had the option on several occasions 20 have, being on the cul-de-sac, xt's pretty quiet there and 21 durmg our neighborhood meeting to say we want th~s kind 21 I'd hate for that traffic to be cutting through my 22 of fence,,defimtely There was really nothing 22 neighborhood there 23 communicated to me as to what specific type of fence they 23 From what I understand, they're going to keep 24 were looktrlg at 24 the property as much as they can as Is We've always 25 MR. MeRiNO SO I'm confused now Is there or 25 hked having the freld there They have cows and ttungs THE PLANNING AND ZONING COMMISSIO 29. CH 14,2001 Page 113 - Page 116 CondensoItTM Page 117 Page 119 I over there land it's always been mca having that And you I tho railroad So that addresses one of those concerns 2 can't ha~z~ that forever but this ~s going to bo about as 2 that I brought up So, anyway, I'd have to lean for it 3 close as I flunk we're going to como to it Smco I've 3 because it's the best thmg I've seen 4 been he~ iwc'vo been there almost 16 years and we've 4 MR MCNEILL Thank you very much, Mr Fulton 5 fought this sewral tmles And so far this is about tho 5 M~ GOURDIE And thanks for coming again 6 best tlung I've seen como aloag and I just weald hate to 6 We're getting really used to having you here We're used 7 see a bunch of houses go thoro or, you know, a big bunch 7 to havmg you here It just wouldn't be Wednesday night 8 of chister aparaneats go up over there So that's pretty 8 without you 9 much ati I can say It seems hko a pretty good plan as 9 MR MCNEILL Mr Calvert, you didn't indicate 10 opposed to what wo coald have 10 whether you were tn support or opposmon so state your 11 Ms IUSI-IEL Thank you, Mr Wright 11 name and -- 12 ,Ma MCNEILL Thank you very much Mr 12 MR CALVERT well, you know, I'm not against 13 Yoldell 13 ~t I had questions about the drainage 14 Ms Y~LDELL My name is Brent Yoldell I'm 14 MR MCNEILL Just for the record, would you 15 employed by Southwest Housing I have had tho opportunity 15 gtvc us your address? 16 tovmtx~athalotofthofolksmthaneighborheadona 16 MR CALVERT lSlaRedwood Tbemamdram, 17 good oc~ghbur basis listening to their issues and 17 from what they smd, ~s Choctaw which runs to Shawnee 18 explaining tho beaofits of our proposed davolopmont And 18 Well, my son hvcs on Shawnee and tt gets up to their 19 I bnag to you additional, a total of 18 fonns that are in 19 porch and the neighbors' porch because there's minor 20 favor of the devolopmeat, and comhimag that.with those 20 floodmg It don't over get into their house So we want 21 wluch Ms, Hudson had, you have 25 or so, I think, m favor 21 to make sure that they have the green area because that's 22 of aod I'm not aware of oppos~t~ea So we have doea our 22 where most of the water comes from and xt all drams to 23 work uymg to go face-to-face and we feel hko that it's 23 the middle road And as long as they -- they need to do 24 a good project and tho noighborhaod seems to bo speaking 24 something to slow the water down, wluch they said they 25 to that 25 were going to put a berm and all this, but, you know, it Page 118 Page 120 I Also, your local churches have moludixi 1 floods all the houses down through thare, wluch would help 2 lettersoflsupport, wluchyou'llfindthare Sowefeel 2 there But we need to slow tho wam' down so lt dea't 3 hke we are doing a good JOb m bexng sensitive to the 3 increase water going to Shawnee because thoro :s a problem 4 area and we're proud to propose this and ask for your 4 down there because tharCs no creek or notiuag It's just $ approval 5 road 6 MR MCNEILL Very good Thank you very much 6 And some of the people, some of my necghbors 7 Our next ~s Mr Fulton, Edwin Fulton And following barn 7 voiced concern about exactly what they're bullthng They 8 will be ~ R. onme Calvert 8 nov~ would como out and say oxactiy, th:s is exactly what 9 MR FULTON My name Is Edwin Fulton and I was 9 we're going to do So there's some minor concerns about 10 rinsed o~ er m that area so I know quite a blt about that 10 that As long as thay're doing what they say they're 11 area We've still got property across the rmlroad track 11 doing, which I have no object:on to And tho security, 12 ~/'hea I come here ten.bt I didn't know whether I was for 12 they need a we. st fence -- malco sure there's a security 13 or agmnst tlus but from looking at it, it addresses most 13 ronco between there and thc Ruddoll AparUnents, which is 14 of my coneerus for the pubhe and It's the bast thing I've 14 eno of tho high camo areas m Deaton We'd hke a hig 15 seen so I'll have to let y'all make your own decision 15 fence to stay there because we don't have much problere 16 MR MCNEILL $o at this point, you've changed 16 down m our neighborhood and wo don't want to start now 1 ? yol.tr queStion to "m favor of''9 1 ? So the neighborhood itself, I have no objection as long as 18 MR. FULTON I'd have to lean in -- It's the 18 they take care of tho water problem 19 best thing I've seen tn 50 years over there And it does 19 Ma MC~m{LL SO Mr Bussell's comment about 20 address ~* you know, m one of these pubhe heanngs, I 20 tho retonUon pond, you feel that will address your issue? 21 brought out that you need to buffer the residents somewhat 21 Ma CALVFmT well, there's a retention pond 22 from the railroads, which you've got a road there, and 22 over on Ivfiago which don't affect Choctaw Now, the berm 23 that was a National Transportation Safety Board 23 area which ho smd which is m that yellow, top yellow 24 recommeladation, and you've got a street there, but they've 24 area ea tho r:ght, now ~t needs sometiung there because 25 alSO gOt ~ buffer zone between there and the street and '' there's a lot of flooding goes on I didn't know2.he THE PLANNING AND ZONING COMMISSIO] 30 2H 14, 2001 Page 117 - Page 120 CondenseItTM Page 121 Page 123 I neighbors' right m there got that much but I knew that my I Mi', MCNEILL All right Thank you very much 2 son down the way got a lot because it's always curb to 2 Is there anyone else who would like to address the lssue~ 3 curb m heavy rain at my house And that's my only 3 Please como forward and state your name and address 4 concern, just to make sure that the water is taken care of 4 MR PECK I apologize My name Is Doug Peck 5 and that's about it $ I'm at 1599 Mmgo I did not fill out a card saying I 6 MR MCNEILL Thank you very much 6 would speak I d~d not know I would be I believe I am 7 MR RISHEL Thank you, Mr Calvert 7 for this I'm merely wanting to rest m the Council's 8 MR MCNEILL GO ahead 8 information regarding traffic I'm assurmng only one 9 MR REICHHART I would just like to point out 9 vehicle for an apartment or a house is what y'all have 10 that as a Planned Development, they will have to do 10 been given the information on Traffic as far as Mmgo, 11 exactly as they say because they do have to come back for 11 coming m and out of there right now as It is is already 12 another set of public hearings and approvals m which the 12 -- it's becoming well traveled I merely want to make 13 neighborhood wit! be notafied again, where you w~lt see 13 sure that any concerns that the Council would normally 14 the exact site layout, you'll see the elevations of the 14 have w~th land like that can be addressed, as well 15 buildings and where the parking lots and where the green 15 And plus the buffer on the east stde, 64, 1 16 space and everything will be So this allows the use and 16 don't really know why it was dropped down to ten feet I 17 then the next step, we'll get mia the detmled design of 17 did not get to make any of the meetings I was out of 18 it which, again, it wall be a public process 18 town usually So I didn't get to ask these questions at 19 MR MCNEILL Is there anyone else m the 19 that point mtmae I merely wanted to address why it 20 audience who would like to speak m favor of or m 20 would be dropped down to 64 feet on the east side which 21 opposttiotl to this Agenda item? 21 happens to be bordenng my land and the traffic Those 22 MS WRIGHT I'm Rosemary Wright and I live on 22 were my two main concams If that's a question to y'all, 23 Glenwood I'm m the 500 feet area from tlus And I'm 23 great If it's a question to the seller or the buyer, 24 for tlus, but I see one problem coming up wath the Ruddell 24 perfect I don't know who I'd be asking 25 Apartments There are children m those apartments 25 Ma MCNEILL Okay We'll pursue that Thank Page 122 Page 124 I Whether they coma from 8cod fam~hes, bad farmhes, or I you 2 Just poor famdles, I don't know what There ~s a cr~me 2 MR PECK Thank you 3 areathere Butthero'sgomgtebeaparkrlghtbohmd 3 MR MCNEILL Goahead 4 thou:apartmeats Now, how aro you gomg to handle that 4 MR REICHHART As part of the zonmg plan, $ and keep those hmo cluldren out? I don't th~ak that's 5 the applicant had submitted a traffic Lmpect analysis 6 right 6 And that traffic kmpact analysis recommends that the 7 Ma MCa, mILL Ksep them out? 7 adtht~on of an cast-bound right-turn lane on Umvers~ty be 8 MS WRIOHT Yenh I don't think it's right 8 mstalled The driveway entrance be aligned with the 9 to keep them out They're a part of the neighborhood 9 future medxen open on Umyersity Mmgo Road should be 10 They're just not homeowners 10 w~dened at the entrance to provide a left-tm pass area 11 MR McNaiLL i dea't ttank there was over any 11 And both driveway entrances should have radmses of 30 12 mteat~on to keep them out It's a pubha park 12 feet or larger to mmntam visibility mangles at each 13 MS wmo}rr well, but those Ruddell 13 entrance And those specific design solutaons will, 14 Apartments are a h~gh era:ca area and there ~s -- I mean, 14 again, be shown on that detailed plan but, just m 15 reahstacelly, you open ~t up, thc park up to the httle 15 general, that's what the TIA is proposed to mitigate any 16 children and tho mammas and daddys como along and Uncle 16 of the traffic that would be generated from thru 17 Jose breaks In or starts selhng dope There's a lot of 17 development 18 dope selhllg up thee And that's tho only concern I have 18 MR MCNEILL Mr Bussell, would you like to 19 is there ~s that problem Preteadmg that Ruddell 19 comment on this? 20 Apartments along thoro don't ox~st is not being renhst~c 20 MR BUSSELL Yeah Just real qmok OB the 21 That,s there's pohco them all the tane Butthere 21 setback Flrst, we did havc the 74 feet We had to drop 22 are children them that want to play and they have to 22 it down ten feet because we needed ten addmonal feet on 23 cross Umvmtty Drive and go to Maatywead Park to play, 23 the other sule so -- because we had to get drainage back 24 Net~yShvltzPark Andlt's--I'mJustwornedabout 24 there And so that was the only reason we had to move tbe 25 that Don't have no selut~eas, just problems "~ bmldmgs over And, of course, you know, 15 feet is the ~IE PLA~G AND ZONING COMMISSIC 31 CH 14, 2001 Page 121 - Page 124 CondenseItTM Page 125 Page 127 I nununum We're far exe. x~hng that and v~ wasted to exceed I people coming out onto Umverslty would also need a hght 2 that We w~nt in knowing that So I would have liked to 2 coming out of tbas new development to get onto Umvcrs~ty 3 have kept it at 74, but I just couldn't because of 3 That means there's a hght at Ruddell, the Ruddnll 4 cnglneenng 4 mterseanon already There will probably be another one 5 MR MCNE[LL okay V~ good Thank you 5 very close to it where this h'affie comes out from the 6 Is them anyone else who would like to address th* issue? 6 development And v~ may need this third light to let 7 Please come forward 7 traffic from the Sequins Add~tmn come out onto 8 MR WINCIt~STF. R ldldn'tfllloutacard I 8 Umvers~ty 9 live at 115 Inca I didn't fill out a card 9 So I think there are vea'y real traffic 10 MR. MCNEtLL Please state your name 10 problems and I don't feel they've been completely 11 MR. WINCHESTER MeiTltt Wmchestsr I know 11 addressed tomght I would at least recomn~nd a httle 12 you just mentioned sem~ possible traffic remedies but I 12 more traffic study on th~s s~tuauon 13 think that tt's a much more serious traffic problem them 13 MR MCNHILL YOU do understand this is a 14 than perhaps your study indicates For one thing, tho 14 retirement center so there won't be many people coming out 15 properly, cars are going to exit the propm'ty onto Mango 15 of them 8 00 o'clock in the morning? 16 right at a railroad intersection And I haven't heard 16 MR WnqCH~STnR well, 55, I would expect 250 17 anything that's going to addr~s tt~ pileup and buildup of 17 cars minimum And it' grandchildren and others, we could 18 cars at that railroad intersection 18 get up to 350 cars them Cars have a tnancndous way of 19 Now, I go down Mmgo ev~ey morning When I 19 braiding up, as you knew Thank you 20 g~ doWn to Bell and stop at the hght them, tho 20 MR MCNnlLL Thank you Is them anyone else 21 intersection of Mmgo and Bell, in the morning one car is 21 in the audience that would hke to speak? Anyone else m 22 allowed through that intersection at a time then th~ hght 22 the audience that would like to speak? Anyone else in the 23 changes again becausn of the traffic, I think, going up to 23 audience who would hko to speak? Heanng none, I'll 24 Umverslty ench mormng Ptuang 250 plus cars going out 24 close the pubhc heanng then and ask staff If they have 25 onto Mmgo I tinnk ~s going to create a mai/a'affic 25 any closing comments Page 126 Page 128 I problem And I don't see how tt's costly resolved I MS HUDSON A couple of points The trafftc 2 You've got the radroad track on one stde and thc rmlroad 2 mapact analysts, as they have shown tt, shows that the 3 track tsn't gotng to be movmg anytune m the foreseeable 3 typteal tunes for netghbors m tbas area, the restdents tn 4 future You've got the golf course and TWU tsn't going to 4 tbas area, tf they're going to drive at all, are typically 5 do much about the golf course m the future etther On 5 at not peak times They're not the rush hour commuters 6 the other end of the property, the traffic ts gomg to, I 6 etther m the morning or the afternoon They are 7 presume m the morning, tend to pour out and much of tt ts 7 typtcally the type who come -- they leave at 11 00 and 8 gmng to go through the Ruddell/Umvarstty mtersectton 8 they're back by 4 00 o'eloak tn the afternoon So they 9 headed mtn town 9 nuss the peak rush hour 10 Now, you talked about an eastbound lane gomg 10 In addttton, by contracting wtth SI'AN, putttng 11 out, wtdcomg eastbound But much of that traffic ts 11 tn a transtt stop, and possthly having then' own bus 12 gmng to want to go through that Ruddell/Umverstty 12 servtea on-s~te, tt's really gomg to cut down on the 13 mtersectton and go mtn town I don't see an easy 13 number of trips that are made out of here I know that 14 solutton to that You can route the traffic through the 14 during the pubhc meetings, because Southwest has built 15 netghborhonds but that's not really very acceptable And 15 dtfferent semor housmg facxllttEs tn the metroplex, they 16 the natural, railroad boundary and the golf course creates 16 have smd that typteally what they see about a day ~s less 17 a natural problem on the other stde So that's not costly 17 than 100 trips per day out of then' s~te on something that 18 resolved 18 has the same number of umts 19 Also, I have trouble getttng onto Untvers~ty 19 The other thing, too, ts that the deadend 20 every ronrmng and at all the rush hours If I want to 20 bulbs here, as have been menttoned before, they're not 21 turn left, I have to cross one lane and than turn left 21 true cul-de-sacs '[hey are merely deadend temporary 22 There's so much traffic gomg each way, I can't do it and 22 tum-arounds There ts enough space as tt was ortgmally 23 I walt them a long tune on a ball where I have to hold, 23 platted to have all three of these streets go through 24 and it's difficult So at the very least, the Sequoia 24 MR MCNEILL They're not showing the map 25 AddlUon netghborhood would need a hght And I thank thc 25 There you go Now you can point out what you're talkmg.., THE PLANNING AND ZON1NG COMMISSION 32 H 14, 2001 Page 125 - Page 128 CondonsoltTM Page 129 Page 131 about I they be leaving it, walking on University Drive, and 2 MS HUDSON The streets at Creek, Choctaw, 2 entering from the front entrance to get to the park s~nce 3 and Seminole were platted not at cul-de-sacs They're 3 it's on the other side of the property9 4 platted as dcedend bulbs, winch means that there is no 4 MS HUDSON That Is correct 5 additional right-of-way requn'ed to open these up And if 5 MS GOURDIE And also to address the issue 6 this goes as smgle-fanuly, all three of these will be 6 concerning access from the east side, ~s there going to be 7 required to be opened up under our lnterma rags, as well 7 -- I don't know ff these homes already have fences up to 8 as for standard traffic circulation 8 whcre the cul-dc-sac's bulb or wdl there be -~ is it 9 Staff is rocommendmg approval of this zomng 9 completely open? And If they do put a fence up, the bulb 10 plan with five conditions The fifth one needs to be 10 is going to remain open for them to -- 11 added tomght that's m your backup Thoy need to amend 11 MS HUDSON The bulbs must remam open 12 the lighting standard to note that the light from 12 because that is City of Denton property Thc property 13 development will not bc allowed to reflect upward into the 13 owners along here -- if they have not already fenced 14 night sky They currently have noted that they will not 14 already because the site currently has a chain link fence 15 allow it to bleed onto adjacent properties 15 around It, the property owners that border it here, if 16 One of the things that was brought up 16 they do not have a fence already are certainly able to put 17 significantly m the ne~aborhood meetings was the role 17 one up inside their property line 18 that the community center would play m tilts development 18 MS GOURDIE All right And as for Mmgu 19 beeanse tt serves as a hbrary They're going to have a 19 Road, are there any improvements sehdduled for that9 20 library m it They also have meeting ro~ns They also 20 MS HUDSON tt is my understanding -- oh, 21 have health screenmgs here They also have whatever 21 DavldSalmonlsstdlhere Great I'll let him answer 22 short of public service, public meetings go on Tutonng, 22 that question 23 Enghsh as a second language, Bible study, nexghborhood 23 MS GOURDIE Thank you 24 watch groups, are all going to be happening m that 24 MR SALMON The City currently has no plans 25 community center Therefore, that use needs to be allowed 25 to upgrade Mmgu Road However, w~th this particular Page 130 Page 132 I or added to the list of allowed uses I'm recommending I developarent, they will be required to widen Mmgu Road in 2 that it not exceed 6,000 square feet so that it includes 2 front of tho site to prevldo a left-tarn lane into the 3 all the us~ they're looking for, as well as the seounty 3 site so that cars going through on Mmgo vail be able to 4 office 4 get around people that are wmtmg to turn left 5 We am also recommending that a solid $ MS OOURDIn okay Thank you 6 screening fence bo added along the entire western 6 M~ MCNnmL commiss~oner Pashel 7 boundary, oven though this Is going to be a fairly large 7 MU msnaL AS w~'re still talking ~xaffic, 8 expense at almost 2,200 linear feet 8 Mr Salmon, is ~ any sort of an allowance for an 9 We're also land of clarifying the least:on of 9 extremely low speed acceleration hnc there? I0 tho monumeot slgus, that they need to be placed a minimum 10 MR SALMON It's our ~xpeneoco that people 11 of ten feet frere their re~peotavo property hnes And 11 tend to not use acceleration lanes properly-'and that we 12 also the additional aondit~en that we need to add tonight 12 would prefer that they uso - 13 is that tho ernst buffer bo changed to 64 feet 13 MR RISHEL Th~s ls one of the areas that 14 MR MCNEILL comlmsslonera, do you hove 14 that would definitely happen 15 questions for staff'? I have eno wlule they're thatking 15 MR SALMON WO would malty prefer that they 16 about thls You talk about tl~ fence, did you have a 16 simply use a little bit wules radius on their driveway to 17 height, recommended height on the fence? 17 allow people to, you know, accelerate a httlo blt faster 18 MS WODSON I realized while I was in tho 18 to g~t onto thc road 19 meeting that I had negleoted to enter that I think a 19 MR RISHEL well, I'm just thinking about thc 20 six-foot It*ncc ~s apprepnate 20 fact being you're going to be making improvements on the 21 MR MCNEILL okay Conmussxoner Ooardie 21 Mmgo side to begin with and, obviously, you're going to 22 Ma OOUROIB. Thank you To address the issue 22 have a tarn-m lane on the Umversity side Some day 23 concerning the Ruddell Apar~nents and tho children 23 University may bo a boulevard-type action there whore you 24 access~n8 thc park, I reahzo that we're going to have a 24 could not cross Umvers~ty going, I guess left that would 25 six-foot sohd leone aceordmg to the conclmons Will 25 be I'm concerned about txaffic gO:tang on there and THE PLANNING AND ZONIN'G COIVlMISSII "39 ~.CH14, 2001 Pago129 - Page132 CondenseItTM Page 133 Page 135 ! trying to move down tho road at a logical safe interval discre~on to add that allowed use if they so desire 2 MR SALMON Back m toward town? 2 Ma RtSneL okay Thank you 3 MR RISHEL I meant coming off of Mmgo into 3 M~ MCNEILL Anyone else? Excuse me Any 4 town, yes And then, University, you know, as you would 4 additional comments from the Conmussioners? Any 5 go east of town There's obviously enough right-of-way 5 additional comments7 Are we ready to make a motion? 6 there to accommodate that 6 Comm~ssion~c Holt 7 MR ,SALMON Right Well, and Umvemty 7 MS HOLT I move to recommend approval of 8 Drive is going to be widened by the State Hg~hway 8 zP el eeol with the following conchtioas amend the 9 Department m the very near future and them will be a 9 lighting standard to also note that hght from tl~ 10 median and we're not entirely certain whom the median 10 development will not be allowed to reflect upward into the 11 openings are gems to be m this particular area We're 11 mght sky, a conmmmty cectar, not to oxcecd 6,000 square 12 still working with the State on that But if them was 12 feet to bo added to tho allowed uses, a solid screening 13 not a median opening here and people wanted to go into 13 fence of wood panels with metal posts and bnek coltunns, 14 tewn, they would have to gn out on Mmgu or else gu all 14 50 feet on center, to be added to the western propexry 15 the way around the bleok 15 hne, s~x feet high, the monument signs shah be placed a 16 As I was saJqng, acceleration lanes, I guess, 16 minimum of ten feet from respective property hnes east 17 are nice tn theory but we've found that it's probably just 17 buffar changed to 64 feet 18 as well to allow a wider radius on that extt movement on 18 MS ooulmm second 19 the driveway as opposed to a full accetci'atlon lane If 19 Ma MCNmLL It'S bean moved and seconded 20 you provide a wide enough radius to allow people to exit 20 Is there any discussion on the motion? Conumssioner 21 with a wide radms, It's better than making them come out 21 Pash¢l 22 Into the street and make an almost immediate 90 degree 22 MR RISHEL I m sorry When I read that, I 23 turn 23 should have brought that up I'm a little b;t concerned 24 MR RISHEL 80 yOU have visibility to go 24 and maybe you can help me with the logic of the monument 25 along with that? 25 signs placed a minimum of ten foot w~th respect to the Page 134 Page 136 1 MR SALMON l~lght ! property line, and I'm womed about the visibility Is 2 MR RISHEL okay And I guess my next -- and 2 that at the entries of people turning out and will that 3 I'm just kind of thmkmg out loud hero It's probably 3 monument sign bleak the vmbdity? If it has to be 4 more addressed to the owners of and the managers, with the 4 within ten feet, how can we give them flexibility and we 5 fact that my mother lived m a facility for a number of 5 get it out of them? 6 years that was not atypical to ttas, althoughttwasa 6 MS HUDSON It'sarmnLmumoften feet, 7 high-rise And I know one of the conveniences that they 7 that's what's required m our Sign Code When the project 8 had on-site was a little bit of a store or a 8 plan comes in, we will be looPang at the placement of that 9 comnussary-type of facility And would tbas not be 9 and keeping it out of the vl~thfllty mangles But by a 10 allowed~ some sort of a convemance-type, very kmited 10 minimum of ten feet, they are able to bnng it back as far 11 retail sales at all? 11 as they want as long as they stay ten feet away from this 12 MS HUDSON Theapphcat~on aslthasheen 12 property hne and ten feet away from that property hne 13 presented is only for the public park and the senior 13 It is not a maxu'num of ten feet It's a nummum of ten 14 housing, I'm recommending that the community center be 14 feet 15 added but there are no retml uses proposed nor have they 15 MR PaSHEL ! can see how that will work I 16 been brought up at any of the neighborhood meetings 16 just want to make sure we're conscience of it as we go 17 MR RISHEL I think that would he a 17 further hem Thank you 18 convenience when we're talking about people not having to 18 MR MCNEILL colmlllasioner Gourdte 19 make trips It rmght be one of those dungs other than 19 MS COUP. DIE I would hke to just say thank 20 Mrs Havens coming m twice a day, one to pick up her 20 you, that I'm nupmssed that you-all made so many 21 babysitter and one to drop off her babysitter, that it 21 concessions to the neighborhood After many years of 22 lmght be useful for that type of thing to he allowed that 22 being &sappmnted in development choices after 13 if them was some way to eonfigum that, that it wouldn't 23 development ehmces, it's mae to have a posmvc 24 be intrusive 24 reflection on a piece of property that's going to be 25 MS HUDSON The Commission does have the 25 developed I did get a phone call today and she's just THE PLANNING AND ZONING COMMISSIG ..Jq CH 14,2001 Page 133 - Page 136 CondcnseltTM Page 137 Page 139 I like, I just want to se~ the cows out there And as much I automobile dcalershtp for Jun McNatt Of course, their 2 as I would love to see all the cows and the wildlife and 2 current location ts at the comer of University and Bonme 3 everything remain, I'm impressed that y'all took the 3 They do propose to move to this location 4 lnttiativ~ to give park space, to do larger than ten-foot, 4 concept plan, this is 5 15-foot buffers And I Just want to give you praise and a 5 6 couple of kudos because it's very mm to see someone look 6 so 7 beyond the dollar and look into the community And I just 7 8 wanted to say thank you 8 It's 9 MR MCNEILL I think it's a very nice 9 sorry, the ] a because this is a 10 project, also, and I'll be voting for it I tlunk that, 10 11 particularly as I roach those ages, I'm begmmng to look 11 mean very 12 at these retirement centers and they look -- I see more 12 be pern'ntted here 13 and more of them popping up around town I think that's 13 The s I thrnk I passed out a 14 very'good It's a very nice project 14 rendering of the development I think the 15 I hope we're not establishing a precedent here 15 applicant also has a that he would hke to show 16 though that you have to give park land to get a project 16 But I'll go ahead plan itself 17 approved I think it's great that we have the park and I 17 They are proposing 18 think that's really very commendable that you've made the 18 : dealerstup and a 19 option and I support it, but I don't want us to establish 19 There will 20 a pm:edent that's a requn'ement . 20 ; property The 21 So any additional comments, Comnnssionars? 21 22 Hearing none, I will say vote on the board Motion passes 22 ~'11 also have parkmg for and 23 5'0 23 24 MR RISHEL Other than the Consent Agenda and 24 One thmg I would like to point out ts that 25 the minutes, is that the first thing we've had that was 25 the applicant originally came to us with basically just a Page 138 Page 140 I a unammous vote7 1 big parkmg lot here in the center of the property There 2 ~,~ Mc~tu. You obsa'vat that, d~d you? 2 there 3 13, to hold a 3 4 4 their 5 5 areas 6 6 for these 7 ' a moment 7 they're very ~ [ I do have a 8 Oar next item 8 ~ are Landscape 9 9 Coordinator especially 10 lan for 10 wrth trees l~ke post you develop in the 11 11 critical root zone Thc ; mmsed their 12 12 detmled e post oaks as much as 13 Th~s ~s about a 15-acre 13 possible However be some grathng tn the 14 ~ of 1 35 East between 14 cntmal root zone ' these red lines 15 IRoad It's 15 here Thea ~extend 16 I 16 line of the tree 17 hat the 17 However, e assume that trees 18 ~ map h~'~, th~s 18 the drip 19 ,o the 19 line of and so 20 And then 20 there' ~ the 21 nth tho 21 this then there's a chance, when 22 23 .l're dealing with sensitive speciea such as Th~s is a de~a~l~l 24 that these trees could the t is subJset to th~ interim rcgulauons for a proposed 25 So we cannot guarantee that these trees will TH~ PLANNING AND ZONING COMMISSIO] ~>~ EH 14, 2001 Page 137 - Page 140 ATTACHMENT 3 -------~ NOTICE OF PUBLIC HEARIN ;? ZP-01-0001 The Planmng and Zoning Commlsmon of the CRy of Denton wdl hold a pubhc heanng on Wednesday March 14, 2001, to consider recommending approval to C~ty Councd the Zomng Plan, commonly known as 1551 Mtngo Road, ~n a S~ngle Family (SF-7) zoning dmtnct The 292 acre property m located between Umvers~ty Boulevard and Mlngo Road, less than 500' east of Ruddell Street A semor houmng complex and pubhc park are proposed The pubhc heanng w~ll start at 6 O0 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin 200' of the subject property, the Planning and Zoning Commission would like lo hear how you feel about lh~s zoning change request and mwtes you to attend the public heanng Please, m order for your opinion to be taken Into account, return thru form wRh your comments prior to the date of the pubhc heanng (This m no way prohibits you from attending endpartlclpabng in the pub/lc heanng ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process ~ncludes two pubhc heanngs demgned to prowde opportumt~es for c~t~zen involvement and comment Pnor to the pubhc heanngs, landowners w~thm 200' of the subject property are notified of the zoning request by way of th~s nobce The first pubhc heanng ~s held before the Planmng and Zomng Commission The Commission ~s reformed of the percent of responses m support and m oppos~bon Second, the zomng pebtlon ~s forwarded to the C~ty Council for final acbon prowdmg the Comm~smon recommends approval Should the Commms~on recommend demal, the petR~oner may then appeal the request to the C~ty Council If owners of more than 20% of the land area within 200' of the sRe submit written opposibon, then s~x out of seven votes of the CRy Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition ~ ..~ _~_ ~.....~ Please circle one Gin favor of request) Neutral to request Opposed to request Ma,hng Address (~:~0 "~ ~t ~i<I ~ -- Phys,~l Address of Properly within 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON TEXAS 76201 · 9403498350 · (F)940349 7707 NOTICE OF PUBLIC HEARIN.-6, ZP-01-0001 The Planmng and Zomng Commission of the City of Denton w~ll hold a pubhc hearing on Wednesday, March 14, 2001 ,' to consider recommending approval to C~ty Councd the Zoning Plan, commonly known as 1551 Mlngo Road, in a Single Famdy (SF-7) zoning district The 29 2 acre property Is located between University Boulevard and Mlngo Road, lessthan 500' east of Ruddell Street A san[or housing complex and public park are proposed The public hearing will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKInney Street, Denton, Texas Because you own property w~thin 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request end inwtes you to attend the public heanng Please, in order for your opinion to be taken Into account, return th~s form with your comments prior to the date of the pubhc hearing (Thls ~n no way prohibits you from attending end participabng In the public haanng ) You may fax It to the number located at the bottom, ma~l ~t to the address below, or drop It off In-person Planning and Development Department 221 N Elm St - - Denton, Texas 76201 Attn' Beth Hudson, Planner I The zoning process Includes two pubhc hearings designed to provide opportunities for cihzen involvement and comment Prior to the public hearings, landowners within 200' of the subject property are nobfied of the zoning request by way of this notice The first public hearing is held before the Planmng and Zoning Commission The Commission is Informed of the percent of responses in support and ~n oppomt[on Second, the zoning petition Is forwarded to the C~ty Council for final action providing the Commlsmon recommends approval Should the Commission recommend denlal, the petitioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area within 200' of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition ~ ~' ~'~,'"~ Please circle one. n favor of requ Neutral to request Opposed to request Maihng Address ~z_-~ L{. -~ ~-~,_ ~."t--l~.~._ C~ty, State Z~p' ~~ ~ ~ Telephone Number ~ ~ ~7-? Physical Address of Prope~ within 200 feet CITY OF= DENTON, TEXAS CITY HALL WEST - DENTON,'I'EXAS 76201 · 94.0 340 8350 · (F) 940 349 7707 F#ename ~ '~ NOT'rCE OF PUBLZ:C HEARIN6 ZP-01-000t The Planning and Zoning Commission of the C~ty of Denton will hold a pubhc hearing on Wednesday, March 14, 2001, to conslder recommending approval to C~ty Council the Zomng Plan, commonly known as 1551 Mingo Road, In a Single Family (SF-7) zoning dlstnct The 29 2 acre property Is located between University Boulevard and M~ngo Road, less than 500' east of Ruddell Street A sen~or housing complex and public park are proposed The public hearing will start at 6 00 p m In the City Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you ovln property within 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the pub/lc hearing Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the pubhc hearing (This In no way prohibits you from attending and participating in the pub/lc heanng ) You may fax It to the number located at the bottom, mall It to the address below, or drop it off in-person Planning and Development Department ij~i 221 N Elm St, Denton, Texas 76201 NAR ! Attn' Beth Hudson, Planner I ~_ ,, The zoning process Includes two public heanngs designed to pro~ ~'~A~(~l~1t~V~O~t~~ involvement and comment Pnor to the pubhc heanngs, landowners within 200' of the subject p~ope-~ are nobfied of the zoning request by way of this not~ce The first pubhc hearing is held before the planning and Zonlng Commission The Commission is ~nformed of the percent of responses In support and in opposition Second, the zonlng petition is forwarded to the C~ty Council for final action providing the Commlsslon recommends approval Should the Commission recommend denial, the pebfioner may then appeal the request to the City Council If owners of more than 20% of the land ama within 200' of the site submit written opposition, then slx out of seven votes of the C~ty Council are required to approve the zonlng change These forms are used to calculate the percentage of landowner opposition Please circle one Oommente Physical Address of Property within 200 feet J'~ ~ ~z ~ ,~ ,~ CITY OF DENTON, TEXAS C~TY HALLWEST · DENTON, TEXAS 76201 · 940 349 8350 ° (F) 940 349 7707 Filenarne ~ <[ ~UH 2~ 2000 T:2~PM HP LRS~R~ET ~200 p.2 Pennelllnvestm ntP '°P mttcs' I-,e. Mar~h 12, 2001 Beth Hudson Denton Planning & Developmen% Dept. Der~ton, TX ~6201 Hearing ZP-0L-000~; March 14, 2001. Dear Bath: Thank you for taking t~s time on l~arch 9th to explain the proposed senior housing complex and public park between University Boulevard and Mingo Road. We ow~ %he Timbsrs Apartmen%s dba Fairway Villas Apar~men%a ab 1920 etc. Rudde11. We have no objection %0 the zoning change request PROVIDED THE DEVELOPMENT INCLUDES THE PUBLIC PARK. Dennis Pannell General Partner Timbers Apar%ments L%d. dba Fairway Villas Apar%ments 244 A Palomar Slreet - Chula Vista, California 91911 · 619/420-8321 · Fax 619/426-1~,86 ~U~ 2~ 2000 ~:~SPM HP LRSE~3ET 3200 p ! NOTICE OF PUBL]:C HEAR3:NG ZP-01-0001 The Planning and Zoning Commlsslon of the City of Denton will hold a public hearing on Wednesday. March 14. 2001, to consider recommending approval to City Coun=l the Zoning Plan, commonly known as t551 MingorRcad, In a Single Family (SF-7) zoning dlstrl~ The 292 acre property is located between University Boulevard and Mmgo Road, less than 500' east of Ruddell Street A.senio. r. housln~g complex and public park are pro~oesed The pubhc hearing wtil start at 6 00 p m In the City Coun=l Chambers of City Hall located at 215 E Mc. Kinney Street, Denton, Texas Because you own properly w~hln 200' of {he subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change mques~ end inv~es you to attend the public heanng Please, in order for your oplnton to be taken into aox:cunt, return this form with your comments prior to the data of the pubhc heanng (This in no way prohibits you from attending and participating in fha public hearing ) You may fax it to the number located at the bottom, mall it to the address below, or drop It off in*person ............. Planning and ~)-~ ~----- ~ elopment Department 221 N. Elm St ~.~ Denton, Texas 76201 ~ Attn: Beth Hudson, Planner I ~ ~ , / The zoning process includes two public hearings designed to provide opportunities for citrzen involvement and comment Prior to the public hearings, landowners within 200' of the subject property are notified of the zoning request by way of this notice The first pubhc hearing is held before the , and nl Commission The Commission I$ Informed of the percent of responses In Support Planning ZO ng ........... ,__...,,~,.,~ the Cl~v Council for final action providing and in opposition Seconci, ~, zon. mg.P~_°.n.,~at~l;ists°lon re~;~n~mend denial, the petitioner may the Commlsslot~ recommenas approval ~nomu u., eal the re uest to the City Council. If owners of re. ore than_ 20% cf..the_la.n,d a..reawlthln ,200. of then app . .. q ........ fhmn slx out of seven votes ~ c;lly c;ou,c~l are requires to the site suornlz wn~en oppo~mu-, approve the zoning change These forms are used to calculate fha percentage of landowner oppositio~ .~ · Please circle one:  Neutral to request Opposed to request Comments* No o~ectione l?=ovide-d-.-'bl3e---d-e¥-el'o-l~en"c- ¢l..ucles--t. he pUBI.~I~--PA-RK-~. ....... dba Fairway VilXae Apts. ~gna~re. p~nted~ame Dennis pannell ~eneral partner T~m~er~ Apts. Ltd. ~Ol~g Address'244 Palomar St. City, Stats 71p Chula Vis~&. CA 91911 Telephone Numbe~. 6~9-420-8~21 Phymcal Add~SsofPropar~Wlth~ 200feet 1920 CITY OF DENTON, TEXAS CITY HALL WEST · DENTON. TEXAS 76201 - 94034,98350 o (F)940.,~49.7707 ,NOTICE OF PUBLIC HEARING ZP-OI-O001 SOot The Planning and Zoning Commission of the City of Denton w~ll hold a pubhc hearing on Wednesday, March 14, 2001, to consider recommending approval to C~ty Council the Zomng Plan, commonly known as 1551 M~ngo Road, In a Single Family (SF-7) zoning d~stnct The 29 2 acre property ~s located between University Boulevard and Mlngo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The pubhc heanng w~ll start at 6 00 p m In the C~ty Council Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own properly within 200' of the subject properly, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Inwtes you to a~tend the public heanng Please, ~n order for your opinion to be taken Into account, return t.hls form w~th your comments prior to the date of the pubhc heanng (This In no way prohibits you from allend/ng and participating m the public heanng ) You may fax ~t to the number located at the bottom, mall it to the address below, or drop it off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process ~ncludes two pubhc heanngs demgned to provide opportunlbes for c~bzen involvement and comment Prior to the pubhc heanngs, landowners within 200' of the subject property are not~fied of the zoning request by way of this not~ce The first public heanng ~s held before the Planning and Zoning Commission The Commission ~s Informed of the percent of responses ~n support and ~n oppos~bon Second. the zoning pebt~on is forwarded to the C~ty Council for final acbon providing the Commission recommends approval Should the Commiss~on recommend denial, the pebtloner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~th[n 200' of the s~te submit written oppos~bon, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition ~ ~ Please circle one of Neutral to request Opposed to request Comments. Signature Pnnted Name {/ ~"l,l~J J~l Ma,hng Address J~OI C,ty, StateZIp ~._'~AJfl¢l,'~ .'T~' '"'/~l~. Telephone Number Physical Address of Property Wlthln,3~O-feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON TEXAS 76201 · 9403498350 · (F)9403497707 ,NOTICE OF PUBLIC HEARIN ZP-0i-0001 .~00~ The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to C~ty Councd the Zomng Plan, commonly known as 1551 Mlngo Road, ~n a Single Family (SF-7) zoning d~stnct The 29 2 acre property is located between Unwermty Boulevard and Mlngo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The pubhc heanng will start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w/th/n 200' of the subject property, the Planning and Zoning Commission would like to hear how you fee/about this zoning change request and/nwtes you to attend the public heanng Please, m order for your op~mon to be taken ~nto account, retum th~s form w~th your comments prior to the date of the pubhc heanng (This m no way prohibits you from attending andpart~c/pal¢ng m the pub/lc heanng ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off ~n-person Plannlng and Development Department 221 N Elm St Denton, Texas 76201 At-tn Beth Hu.dson, Planner I The zomng process ~ncludes two pubhc heanngs designed to prowde opportunlbes for c~hzen involvement and comment Pnor to the public heanngs, landowners within 200' of the subject property are nohfied of the zomng request by way of th~s not~ce The first pubhc hearing m held before the Planning and Zomng Commission The Commission ~s reformed of the percent of responses m supped and tn oppos~bon Second, the zomng pebbon ~s forwarded to the C~ty Council for final action prowd~ng the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area within 200' of the s~te submit wntten opposibon, then s~x out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposrt~on  Please circle one Neutral to request Opposed to request Comments: SIgnatur~ Pnnted Name Mailing Address ,~,::~ ~ - - C~ty, State Z~p ,,'t,/ · / Telephone Number ~ Physical Address of Property w~thu CITY OF DENTON, TEXAS CITY HALL WEST · DENTON TEXAS 76201 · 9403498350 · (F)9403497707 NOTICE OF PUBLIC HEARIN ZP-0i-000i 500 The Planmng and Zomng Commission of the C~ty of Denton wdl hold a public heanng on Wednesday, March 14, 2001, to conmder recommending approval to C~ty Counc~t the Zomng Plan, commonly known as 155i M~ngo Road, ~n a S~ngle Famdy (SF-7) zoning d~stnct The 29 2 acre property ~s located between Umverslty Boulevard and M~ngo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The public hearing wdl start at 6 00 p m m the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~thm 200' of the subject property, the Planmng and Zomng Comm~smon would hke to hear how you feel about th~s zomng change request and ~nv¢tes you to attend the pub#c hearing Please, ~n order for your op~mon to be taken ~nto account, return th~s form w~th your comments prior to the date of the public heanng (Th~s ~n no way prohibits you from attending andpart~c~patmg ~n the pubhc heanng ) You may fax ~t to the number located at the bottom, mad ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process includes two pubhc hearings designed to provide opportumbes for c~bzen involvement and comment Prior to the pubhc heanngs, landowners w~thm 200' of the subject property are nobfled of the zomng request by way of th~s not~ce The first pubhc heanng ~s held before the Planning and Zomng Commission The Commission ~s reformed of the pement of responses In support and m oppomtlon Second, the zomng petition ~s forwarded to the C~ty Council for final action prowdmg the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Councd If owners of more than 20% of the land area w~th~n 200' of the s~te submit wntten oppos~bon, then mx out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition  Please circle one Neutral to request Opposed to request Comments Printed Name Mailing Address /~'~/~-- o,ty, state z,p Telephone Number Phys~l Address of Properly w~thm 200 feei ClTY OF DENTON, TEXAS CITY HALL WEST , DENTON TEXAS 76201 · 9403498350 * (F)9403497707 NOT' CE OF PUBL'rCHEARZNG ZP-01-0001 Opt The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to C~ty Council the Zomng Plan, commonly known as i551 Mlngo Road, ~n a Single Family (SF-7) zoning d~stnct The 29 2 acre property Is located between University Boulevard and M~ngo Road, less than 500' east of Ruddell Street A semor housing complex and public park are proposed The pubhc heanng will start at 6 00 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own properly within 200' of the subject properly the Planning and Zoning Commission would hke to hear how you feel about th~s zomng change request and/nvltes you to attend the pubhc heanng Please, m order for your opinion to be taken into account, return th~s form with your comments prior to the date of the pubhc heanng (Th/s/n no way prohibits you from attending andparl~c/pat~ng ~n the pubhc heanng ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 At'tn Beth Hu.dson, Planner I The zomng process jncludes two public heanngs designed to provide opportunlbes for c~bzen involvement and comment Prior to the pubhc hearings, landowners w~thm 200' of the subject property are nobfied of the zoning request by way of th~s nobce The first public heanng ~s held before the Planmng and Zoning Commission The Commission ~s reformed of the percent of responses m support and ~n oppomt~on Second, the zoning pet~bon ~s forwarded to the C~ty Councd for final acbon prowd~ng the Commission recommends approval Should the Commission recommend demal, the pebboner may then appeal the request to the CKy Councd If owners of more than 20% of the land area w~th~n 200' of the s~te submit written oppos~bon, then s~x out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one ~or of reque, u~ Neutral to request Opposed to request Comments, PnntedName V~'r.O~q~, "~ ~.~'~' Ma,hng Address )?']? ~3 V O~ -- C,ty, State Zip ~.q~, Telephone Number ~ Phys~l Address of Properly w~thm 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON TEXAS 76201 9403498350 · (F)9403497707 NOTICE OF PUBLIC HEARIN ZP-01-0001 ¢ ¢ The Planmng and Zomng Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 1551 MIngo Road, in a Single Family (SF-7) zomng dlstnct The 29 2 acre property ~s located between U,nlvers~ty Boulevard and Mmgo Road, less than 500' east of Ruddell Street A semor housing complex and public park are proposed The pubhc heanng wdl start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton. Texas Because you own property w~thln 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, m order for your opinion to be taken into account, return th~s form w~th your comments prior to the date of the public hearing (This in no way prohibits you from a~end/ng andpart/clpabng In the public heanng ) You may fax ~t to the number located at the bottom, mini ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 ~ Attn Beth Hudson, Plannerl The zomngl process includes two public heanngs designed to provide opportumtles for c~t~zen ~nvolvementland comment Pnor to the public heanngs, landowners w~thln 200' of the subJect property are not~fied ;of the zomng request by way of th~s nobce The first public heanng is held before the Planning and Zomng Commission The Commission ~s ~nformed of the percent of responses m suppod and ~n oppombon Second, the zoning petition ~s forwarded to the C~ty Council for final acbon providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area w~th~n 200' of the s~te submit written opposlhon, then s~x out of seven votes of the C~ty Council are required to approve thQ zomng change These forms are used to calculate the percentage of, landowner opposition Please circle one ~f reques'~ Neutral to request Opposed to request Comme~ ~ S~gnature ~ Pnnted Name Mad~ng Address ~ - - C,ty, State ZIp ~'~ "T'Ic' 'l(~'J~ Telephone NumberJ[,.1,~) ' ._~[ "~ .~ [ I Physic, Address of Properly within ~eet ~ ClTY OF DENTON, TEXAS CITY HALL WEST · pr:klTnN TEXAS 76201 ° 9403498350 · (F) 940349 7707 ,NOTICE OF PUBLIC HEARING , ZP-Oi-O00i 7500 The Plannlflg and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, March 14, ~001, to consider recommending approval to C~ty Councd the Zomng Plan, common y known as 1551 M,~ngo Road, Tn a S~ngle Family (SF-7) zoning d~stnct The 29 2 acre property ~s located between University Boulevard and Mlngo Road, less than 500' east of Ruddell Street A semor housing cqmplex and pubhc park are proposed The public heanng will start at 6 00 p m m the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin 200' of the subject property, the Planning a/~d Zoning Commission would I~ke to hear how you feel about this zoning change request and ~nwtes,you to attend the publtc hearing Please, ~n order for your opinion to be taken ~nto account, return th~s form with your comments pnor to the date of the pubhc hearing (Th~s in no way prohibits you from at~end~ng andpart¢c¢pabng ~n the public heanng ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hu.dson, Plannerl The zomng, process ncludes two public hearings designed to provide opportunities for c~t~zen Involvement! and comment Pnor to the pub ~c hea. nngs, landowners w~th~n 200' of the subJect property are nobfied Iof the zoning request by way of th~s nobce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s reformed of the percent of responses ~n support and ~n oppo¢lbon Second, the zomng petibon ~s forwarded to the City Council for final action prowdmg the Commission recommends approval Should the Commission recommend den~al, the pebt~oner may then appea~the request to the City Councd If owners of more than 20% of the land area w~th~n 200' of the s~te su~m~t wntten oppos~bon, then s~x out of seven votes of the CKy Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner oppos~t~on l  Please circle one Neutral to request Opposed to request Comments Physmal Adc tess of Property w~thln~feet ~ CITYOFDi:,NTON, TEXAS CITY HALL WEST · DENTON TEXAS 76201 · 9403498350 · (F)9403497707 ,NOTICE OF PUBLIC FIEAR:IN ZP-01-0001 "7 0 The Planning and Zoning Oommmmon of the Qty of Denton w~ll hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to Qty Oouncd the Zomng Plan, commonly known as 1551 MIngo Road, ~n a S~ngle Famdy (SF-7) zomn§ d~stn¢l The 2§ 2 acre properly is located between Umver$~ty Boulevard and Mmgo Road, less than 500' east of Ruddell Street A semor houmng complex and pubhc park are proposed The public heann§ w~ll start at 6 O0 p m m lhe Qty Oouncd Chambers of Qty Hall located at 215 E McKmney Street, Denton, Texas Because you own properly wllhm 200' of lhe subjec! properly, the Planning and Zomng Oommlsmon would I~ke to hear how you feel about th~$ zomng change reques! and inwte$ you to attend the public heanng Please, m order for your opinion to be taken rotc ac,~ount, return this form with your comments prior to the date of the public heann§ (This In no way prohibits you from attending andparllclpallng in lhe pubhc haanng ) You may fax ~t to the number Io(~ted at the bottom, mad ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hu.dson, Planner I The zoning process includes two pubhc hearings designed to prowde opportumt~es for c~t~zen involvement and comment Prior to the pubhc hea, rmgs, landowners w~th~n 200' of the subject property are notified of the zomng request by way of th~s not~ce The first pubhc hearing ~s held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses m support and m oppomt~on Second, the zohmg petition ~s forwarded to the Qty Council for final action prowdmg the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the Qty Councd If owners of more than 20% of the land area w~th~n 200' of the s~te submit written oppomtlon, then s~x out of seven votes of the Qty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request Comments S~gnature m~ Pnnted Na Umhng Address I'lJ13, J~e¢~. -- Qty, State Z~p J')an~an~, Telephone,Number ~q,O- ~'~- Physical Address of Property w~th~n 2~d' feet ClTY OF DENTON, TEXAS CITY HALLWEST · DENTON TEXAS 76201 · 9403498350 · (F)9403497707 ,NOTICE OFz.-0 PUBLIC-000 HEAI IN The Planning and Zoning Commission of the City of Denton will hold a public heanng on Wednesday, March 14, 2001, to consider recommending approval to C~ty Council the Zomng Plan, commonly known as 1551 M~ngo Road, m a Single Family (SF-7) zoning d~stnct The 29 2 acre property Is located between Umvers~ty Boulevard and Mlngo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The pubhc heanng w311 start at 6 00 p m m the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street Denton, Texas Because you own property within 200' of the subject property the Planmng and Zoning Commission would like to hear how you feel about th~s zoning change request and inwtes you to attend the public heanng Please, m order for your opinion to be taken ~nto account, return th~s form w~th your comments pnor to the date of the pubhc heanng (This in no way proh/b/ts you from attending andpart/c~patlng in the public heanng ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off m-person Plann,ng and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hu.dson, Planner I The zoning process ~ncludes two pubhc heanngs designed to provide opportunities for c~bzen ~nvolvement and comment Prior to the pubhc heanngs, landowners w~th~n 200' of the subject property are not~fied of the zoning request by way of th~s nobce The first public heanng ~s held before the Planmng and Zomng Commission The Commission ~s informed of the percent of responses ~n support and In oppos~bon Second, the zomng pebtlon ~s forwarded to the C~ty Council for final acbon prowdmg the Commission recommends approval Should the Commission recommend demal, the pebboner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~th~n 200' of the s~te submit wntten oppos~bon, then s~x out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition  Please circle one Neutral to request Opposed to request Corn Malhng Address C,ty, State Z,p ' Telephone Number - Physical Address of Property w~th~n 200 feet CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON TEXAS 76201 · 9403498350 · (F)940349 7707 NOTICE OF PUBLIC HEARIN .750¢' ZP-01-0001 The Planning and Zomng Commission of the City of Denton w~ll hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to C~ty Council the Zomng Plan, commonly known as 1551 M~ngo Road, ~n a Single Family (SF-7) zomng d~stnct The 29 2 acre property ~s located between University Boulevard and M~ngo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The pubhc heanng w~ll stad at 6 O0 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w~th/n 200' of the subject property, the Planning and Zomng Commission would like to hear how you feel about lh/s zoning change request and invites you to attend the public heanng Please, m order for your op~mon to be taken ~nto account, return th~s form with your comments prior to the date of the pubhc heanng (This/n no way prohibits you from attending and part/c/pabng in the public hearing ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zomng process ~ncludes two pubhc heanngs designed to provide opportunities for cmzen ~nvolvement and comment Prior to the pubhc heanngs, landowners w~th~n 200' of the subject property are notified of the zomng request by way of th~s notice The first pubhc heanng is held before the Planmng and Zomng Commission The Commission ~s ~nformed of the percent of responses ~n support and m opposition Second, the zoning pet~bon ~s forwarded to the C~ty Councd for final acbon prowdmg the CommiSsion recommends approval Should the Commission recommend demal, the petlhoner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~thm 200' of the s~te submit wntten oppos~bon, then slx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposrtlon Please circle one l~avor o~ Neutral to request Opposed to request Comments PrlntedName /lqe. l,,.vi Ma,hngAddress I yd City, State Zip ~'-~ Telephone Number Physical Address of Property w~thln~e~/'~ CITY OF DENTON, TEXAS ClTY HALL WEST · OFNTON TEXAS 76201 · 9403498350 · (F)9403497707 4 9. NOTICE OF PUBLIC HEARING Zf-01-0001 -7 ~0° The Planning and Zomng Commission of the City of Denton will hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to City Council the Zoning Plan, commonly known as 1551 M~ngo Road, m a Single Family (SF-7) zoning d~stnct The 29 2 acre property ~s located between Umverslty Boulevard and Mmgo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The pubhc heanng will start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w/thm 200' of the subject property, the Planning and Zoning Commission would tike to hear how you feel about th/s zomn9 change request and mwtes you to attend the pub#c heanng Please, in order for your opinion to be taken rote account, return th~s form with your comments pnor to the date of the pubhc heanng (Th/s m no way prohibits you from attending and participating m the pubflc hearing ) You may fax ~t to the number located at the bottom, mall ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas. 76201 Attn Beth Hudson, Planner I The zomng process ~ncludes two pubhc hearings designed to prowde opportun~hes for c~bzen ~nvolvement and comment Pnor to the public heanngs, landowners w~thm 200' of the subject property are nobfled of the zomng request by way of th~s nobce The first pubhc heanng ~s held before the Planning and Zomng Commms~on The Commission ~s reformed of the percent of responses m support and ~n opposlbon Second, the zoning pebbon ~s forwarded to the C~ty Council for final acbon prowdmg the Commiss~on recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area within 200' of the s~te submfl written oppos~bon, then s~x out of seven votes of the C~ty Council am required to approve the zoning change These forms are used to calculate the percentage of landowner opposition ~'~'~- ~'~ Please circle one liY'fav. O~of request '~ Neutral to request Opposed to request Comm,,~nts~-'"""'----,-,-,-~'/ /Z D/~ C~/~ 8~gnature ~ Pnnted Name _ Ma~hng Address c,ty, State Z,p AL3."",.-.....'. 2 Telephone,Number ~ Physmal Address of Property within 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST . DENTON TEXAS 76201 · 9403498350 · (F)94Q349 7707 , ~r,,, 5 0 NOTICE OF PUBLIC HEARING ZP-01-0001 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc heanng on Wednesday, March 14,, 2001, to consider recommending approval to C~ty Councd the Zoning Plan, commonly known as 1551 MIngo Road, ~n a Single Famdy (SF-7) zoning d~str~ct The 29 2 acre property ~s located between University Boulevard and Mingo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The pubhc heanng wdl start at 6 00 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin 200' of the subject property, the Planning and Zomng Commission would hke to hear how you feel about th/s zomng change request and ~nwtes you to attend the pubbc heanng Please, m order for your opinion to be taken ~nto account, return this, form w~th your comments prior to the date of the pubhc heanng (This ~n no way prohibits you from attending and participating ~n the pubhc heanng ) You may fax ~t to the number located at the bottom, mad ~t to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Tex~s. 76201 Attn Beth Hudson, Planner I The zoning process ~ncludes two public hearings designed to prowde opportunities for c~bzen ~nvolvement and comment Prior to the pubhc heanngs, landowners w~th~n 200' of the subject property are nobfied of the zoning request by way of th~s not~ce The first pubhc hearing ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses ~n suppod and ~n oppos~bon Second, the zoning pebbon ~s forwarded to the C~ty Council for final action prowd~ng the Commiss~on recommends approval Should the Commission recommend demal, the pebboner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~th~n 200' of the s~te submit written opposition, then SlX out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposlbon ~ t~ Please circle one ues Neutral to request Opposed to request S,gnature ~_ _.~_~,/ ~ ..a Telephone, Number Physical Address of Property w~th~n,~feet CITY OF DENTON, TEXAS CITY HALL WEST . DENTON TEXAS 76201 · 9403498350 · (F) 940~ 349 7707 NOT'rCE OF PUBLTC HEARTNC= ZP-01-0001 The Planmng and Zoning Comm~smon of the C~ty of Denton w~ll ho~d a pubhc heanng on Wednesday, March 14, 2001, to conmder recommending approval to C~ty Councd the Zoning Plan, commonly known as 1551 MIngo Road, m a Single Famdy (SF-7) zomng d~stnct The 29 2 acre property ~s located between Umvermty Boulevard and Mmgo Road, less than 500' east of Ruddell Street A semor housing complex and public park are proposed The pubhc hearing wdl stad at 6 00 p m in the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own properly w/th~n 200' of the subject properly, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public heanng Please, ~n order for your oplmon to be taken ~nto account, return th~s form w~th your comments prior to the date of the pubhc heanng (This In no way prohibits you from attending and participating m the publm heanng ) You may fax it to the number located at the bottom, mad ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas. 76201 Attn Beth Hudson, Planner The zomng process includes two pubhc hearings designed to prowde opportunities for citizen involvement and comment Pnor to the pubhc heanngs, landowners w~th~n 200' of the subject properly are not~fled of the zoning request by way of th~s nobce The first pubhc heanng ~s held before the Ptanmng and Zoning Commission The Comm~smon ~s ~nformed of the percent of responses ~n support and ~n oppombon Second, the zoning petmon ~s forwarded to the City Counc~l for final action prowdlng the Commlsmon recommends approval Should the Comm~smon recommend demal, the petmoner may then appeal the request to the City Council If owners of more than 20% of the land area within 200' of the s~te submit written opposition, then six out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition ~ est~ Please mrcle one In favor_o?equ Neutral to request Opposed to request Signature ,4~/~1~L-.,-~ Mall,ng Address j'~e? ~I~Z)¢.,~I' ~,e Telephone Number, ~ CITY OF DENTON, TEXAS CITY HALL WEST · DENTON TEXAS 76201 · 9403498350 · (F)940349 7707 NOTICE OF PUBLIC HEARING ./o0' ZP-01-0001 The Planmng and Zoning Oomm~ss~on of the O~ty of Denton wdl hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to O~ty Oouncd the Zomng Plan, commonly known as 1551 Mlngo Road, ~n a S~ngle Famdy (SF-7) zoning d~stnct The 29 2 acre property ~s located between Umverslty Boulevard and M~ngo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The public heanng wdl start at 6 00 p m m the C~ty Councd Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w~th~n 200' of the subject property, lhe Planmng and Zomng Commission would tike lo hear how you feel about lh~s zomng change request and ~nwtes you to attend the pubflc heanng Please, m order for your opinion to be taken rolo account, return th~s form w~th your comments prior to the date of the pubhc hearing (Th~s ~n no way prohibits you from m~end~ng andpa~c~pat~ng ~n the pubflc heanng ) You may fax ~t to the number lo.ted at the bottom, ma~l ~t to the address below, or drop ~t off m-person Planning and Development Depadment 221 N Elm St Denton, Texas 7620i A~n Beth Hudson, Planner I The zoning process includes ~o pubhc heanngs designed to prowde oppo~umbes for c~t~zen involvement and comment Pnor to the pubhc heanngs, landowners w~thm 200' of the subject properly are not~fied of the zoning request by way of thru notme The first pubhc hearing ~s held before the Planning and Zomng Commmmon The Comm~smon ~s reformed of the percent of responses ~n suppod and m oppombon Second, the zoning pet~bon ~s fo~arded to the C~ty Councd for final acbon prowd~ng the Comm~smon recommends approval Should the Commms~on recommend demal, the pebboner may then appeal the request to the C~ty Councd If owners of more than 20% of the land area w~thm 200' of the rote submit wntten oppos~bon, then s~x out of seven votes of the C~ty Councd are required to approve the zomng change These forms are used to calculate the percentage of landowner oppos¢bon C~~~r ~eq~~ Please circle one Neutral to request Opposed to request S~gnature ~ Pnnted Name ~.t~]l~ ~d~m Pt C,ty, State Z,p [ Ah)n 7(o 9 Telephone Number q¢- ,g~g- qSr~& .~ Phys~l Address of Prope~y w t f et CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON TEXAS 76201 · 9403498350 ° (F)9403497707 NOTICE OF PUBLIC HEARING ZP-01-0001 The Planmng and Zomng Commission of the City of Denton will hold a pubhc heanng on Wednesday, March 14, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 1551 M~ngo Road, m a S~ngle Famdy (SF-7) zomng district The 29 2 acre property ~s located between Umvermty Boulevard and Mmgo Road, less than 500' east of Ruddell Street ^ semor housing complex and pubhc park are proposed The pubhc heanng w~ll start at 6 00 p m ~n the C~ty Council Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within 200' of the subjec! property the Planmng and Zomng Commission would like to hear how you feel about this zoning change request and invites you to attend the public heanng Please, ~n order for your opinion to be taken ~nto account, return th~s form w~th your comments prior to the date of the pubhc heanng (This ~n no way prohibits you from attending andparbc/patlng ~n the pubflc hearing ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas. 76201 Attn Beth Hudson, Planner I The zomng process ~ncludes two pubhc heanngs demgned to provide opportumt~es for c~t~zen ~nvolvement and comment Prior to the pubhc heanngs, landowners w~thln 200' of the subject property are not~fied of the zomng request by way of this not~ce The first pubhc heanng ~s held before the Planning and Zoning Comm~smon The Comm~smon ~s reformed of the percent of responses In support and ~n opposition Second, the zomng petmon ~s forwarded to the C~ty Councd for final action prowd~ng the Commission recommends approval Should the Comm~smon recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~th~n 200' of the rote submit written oppomt~on, then mx out of seven votes of the C~ty Council am required to approve the zomng change These forms are used to calculate the percentage of landowner opposition f Neutral to request Opposed to request Comments S,gnature ',~..~_..~ '~~'" Pnnted Name . ;'( J/'At3 (-.,¢,7 K6LILtJ, ~ ..-.. c,ty, State z,p Telephone Number q/'~"' ,~%') - Phy.,cal ^ddress o, Property w,th,. eet CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON TEXAS 76201 · 9403498350 ° (F)940_3497707 , , ,~,,, 54 NOTICE OFz ,-o PUBLI¢-ooo HEARINg, The Planning and Zoning Commission of the C~ty of Denton will hold a pubhc heanng on Wednesday March 14, 2001, to consider recommending approval to C~ty Councd the Zomng Plan, commonly known as 1551 Mmgo Road, m a S~ngle Famdy (SF-7) zomng d~stnct The 29 2 acre property ~s located between Umverslty Boulevard and Mmgo Road, less than 500' east of Ruddell Street A semor housing complex and pubhc park are proposed The pubhc heanng wdl start at 6 00 p m m the Cffy Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~th~n 200' of the subject property, the Planning and Zoning Commission would tike to hear how you feel about th~s zomng change request and ~nvfes you to attend the pubhc heanng Please, ~n order for your op~mon to be taken rote account return th~s form w~th your comments prior to the date of the pubhc heanng (Th¢s ~n no way prohibits you from attending andpart~c~pahng ~n the pubhc heanng ) You may fax ~t to the number located at the bottom, mad ~t to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas. 76201 Attn Beth Hudson, Planner I The zoning process includes two public heanngs designed to provide opportumbes for c~bzen involvement and comment Prior to the public heanngs, landowners w~th~n 200' of the subject property are notified of the zoning request by way of th~s notice The first pubhc hearing ~s held before the Planning and Zomng Commission The Commission Is informed of the percent of responses in support and ~n opposition Second, the zomng petlbon ~s fort,yarded to the C~ty Councd for final action prowd~ng the Commission recommends approval Should the Commms~on recommend demat, the pehboner may then appeal the request to the C~ty Councd If owners of more than 20% of the land area within 200' of the s~te submit written opposition, then s~x out of seven votes of the C~ty Councd are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition  Please circle one Neutral to request Opposed to request (~nts Si nature Telephone Number Physical Address of Property ~lthln,~)d'~eet ~J'~?'~ - CITY OF DENTON, TEXAS CITY HALL WEST · DENTON TEXAS 76201 · 9403498350 (F) 940~349 7707 .55 o Singing Oa.k$ Church of Chr, st March 14, 2001 Mr Perry McNiell, Planmng and Zoning Chair and Comimss~onera Ms Eulene Brook, Mayor and City Gounod Members City of Denton 221 N Elm St Denton, Texas 76205 It has come to our attention that a request has been made to build a scmor housing facility at 1551 Mmgo Road We would like to offer our support ofth~s piojact Our experience indicates that the housing needs of semor citizens m our community are not being met In addition, it is clear that with our aging population the demand for quahty affordable housing and related services is only going to increase We have met with Southwest Housing Development and have received information on their faedmes and the services offered to their residents We believe this eombmatlon of housing and services provides a quahty lifestyle for seniors in our community The envuonment plovided by Southwest Housing is secure, comfortable and attractive Representatives from our church attended a recent neighborhood meeting and we heard the concerns of neighbors &the proposed Mmgo Road project We believe Southwest Housing responded to these concerns by making needed changes and continues to show a "good neighbor' response I We would urge you to support Southwest Housmg's request to provide much needed housing and services for our senior citizens Smcerely, For the Elders 101 Cardinal Drive · Denton, Texas 76209 · (940) 387-a'~n · ~ax (940) 382-9596 · E-Mall socc~lglobal net 56 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 22 7 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR MULTI-FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED BETWEEN UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST OF RUDDELL STREET, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-01-0001) WHEREAS, on February I, 2000, the Caty Council adopted Ordinance No 2000-046 which estabhshed eertmn remdentml antenm regulataons (the "Resadentml Intenna Regulatmns"), WHEREAS, the Resadentaal. Interim RegulaUons estabhshed, among other things, a Zomng Plan requarement m the event of a request to rezone property, and WHEREAS, on ~anuary 22, 2001, SENT Corporation, on behalf of Southwest Housing Development, apphed for a ohange m zoning for 22 7 acres of land located between Umversaty Drive and Mango Road, apprommately 500' east of Ruddell Drive, from a Single Famaly (SF-7) zomng d~stnct elassafioatmn and land use deslgnataon to Planned Development (PD) zomng dastnet elassafiealaon and land use demgnataon wath the antent to develop a semor housmg muir- famfly complex w~th a eommumty center whtch appheataon includes a Zoning Plan, a copy of wbaeh as attached hereto as Exbab~t "B" (the Zomng Plan"), and WHEREAS, on March 14, 2001, the Planning and Zomng Commass~on recommended approval of the requested change m zomng and the Zoning Plan, and WHEREAS, the Caty Council finds that the Zomng Plan, wath the eondmons amposed hereto, meets the requarements of the Res~dentaal Interim RegulaUons and ~s eonsastent wath the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng dlst14ot elassafieataon and land use desagnataon of the 22 7 acres property described an the legal descnptaon attached hereto and aneorporated hereto as Exhab~t A as changed from Single Family (SF-7) zonmg dmtnct elass~ficataon and land use des~gnaUon to Planned Development (PD) zoning d~stnet elassaficauon and land use desagnauon under the comprehensive zoning ordinance of the Caty of Denton, Texas to allow a semor housing complex wath a eommumty center in accordance with the Zomng Plan The Zomng Plan and smd change in zomng are hereby approved SECTION 2 The City's offieml zomng map as amended to show the change m zomng dasmet elasslfieat~on 57. S \Our Documents\OrdmancesXOlXZP-Ol-O001 doc SECTION 3 If any provmlons or the apphcatlon thereof to any person or c~rcumstance ~s held invalid by any court, such invalidity shall not affect the vahd~ty of other provisions or apphcat~ons, and to fins end the prows, ons of this ordinance are severable SECTION 4 Any person vlolat,ng any prov, smn of thas ord,nance shall, upon conmctmn, be fined a sum not exceeding $2,000 00 Each day that a provm,on oftbas ordmance xs wolated shall constitute a separate and distract offense SECTION 5 Thru ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C,ty Secretary ~s hereby directed to cause the caption of th,s ordinance to be pubhshed twice m the Denton Record Chromcle, offimal newspaper of the City of Denton, Texas, w~thm ten (10) days of the date of,ts passage PASSED AND APPROVED tlus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L P~2OUTY/f~Y ATTORNEY 58. ! PAGE 2 Exhtblt A Legal Descnpt~on FIELD NOTES to all that certmn tract of land situated m the J D Lilly Survey Abstract Number 762, City of Denton, Denton County, Texas and being a part of the called 29 167 acre tract described in the deed from Dan Trammell to Moballty Systems, Inc recorded ~n Volume 2650, Page 956 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northwest comer of the tract being described hereto at a 1/2 inch iron rod found at the Northwest comer of the smd 29 167 acre tract on the South right-of- way ofU S Highway 380 Cclmversaty Dr ), THENCE North 70 Degrees 58 Minutes 34 Seconds East with the South right-of-way of U S Highway 380 and the North line of the 29 167 acre tract a distance of 259 91 feet to the West right-of-way of a proposed pubhc street from which a I/2 inch ~ron rod found at a salient comer of the 29 167 acre tract bears North 70 Degrees 58 Minutes 34 Seconds East a distance of 68 00 feet, THENCE Southerly across the 29 167 acre tract the following 6 calls 1 South 19 Degrees 01 Minutes 26 Seconds East with the West right-of-way of the smd proposed street a distance of 134 21 feet, 2 with the South right-of-way of the smd street along the arc of a curve to the lett having a radius of 60 00 feet, an are length of 167 57 feet (chord beanng South 43 Degrees 33 Minutes 03 Seconds East a distance of 118 18 feet), 3 South 19 Degrees 02 Minutes 05 Seconds East a d~stance of 36 02 feet, 4 South 88 Degrees 50 Minutes 25 Seconds East a distance of 46 30 feet, 5 South 01 Degrees 17 Minutes 02 Seconds West a distance of 742 60 feet, 6 South 88 Degrees 42 Minutes 58 Seconds East a distance of 200 00 feet to the East line of the 29 167 acre tract, THENCE South 01 Degrees 17 Minutes 02 Seconds West along a w~re fence with the East line of the 29 167 acre tract a distance of 787 97 feet to the Southeast comer thereof on the North side of Mmgo Road, THENCE South 52 Degrees 22 Minutes 48 Seconds West generally along a fence with the South line of the 29 167 acre tract a distance of 789 70 feet to a 5/8 inch iron rod found at the Southwest comer thereof, THENCE North 00 Degrees 29 Minutes 24 Seconds East with the West hne of the 29 167 acre tract a distance of 1,128 98 feet to a 1/2 tach tron rod found at an angle point m the West hne thereof, THENCE North 01 Degrees 09 Minutes 35 Seconds East with the West line of the 29 1673 acre tract a distance of 1,050 78 feet to the PLACE OF BEGINING and enclosing 23 577 acres of land 59. ~ ~l~ laJBlu~,~vwlla~ z~,,.~ ~j~ Surveyors J~ lljJ Engineers ~J~ North ~a~ I ~,~ ~ 60. ~exa*, ~.~ AGENDA INFORMATION SHEET AGENDA DATE: Aprd 3, 2001 DEPARTMENT Planning Department CM/DCM/ACM: David H~I1, 349-8314 ~ / \ SUBJECT - SP-01-0001 (Jtm McNatt Toyota - Dodge) Hold a public heanng and consider adoption of an ordinance approwng a Detmled Plan / ProJect Plan for approxunately 15 acres located on the southeast s~de of Interstate 35E approximately 3000 feet northwest of ~ts mtersect~on with Post Oak Road The property ~s located m the Planned Development 12 (PD-12) zomng d~stnct An automobde dealership is proposed The Planning and Zomng Commlssmn recommends approval (5-0) w~th cond~tmns (SP-01-0001) BACKGROUND The applicant has requested approval of a Detailed Plan/ProJect Plan for an automobile dealership to be located at flus s~te (see Attachment 1 - Enclosure 1) The dealership will contain facilities for both sales and service A total of 586 parking spaces ~s proposed, the majority of which will be used for the storage and d~splay of vehicles for sale A port~on of the parking/display area will be covered with canopies to protect automobiles from weather damage The appheant intends to operate out of a 75'x100' temporary sales building tmtfl construction on the mmn bmldmg ~s completed The s~te is eurrantly undeveloped, w~th the exception of an cx~stmg billboard that the apphcant does not own or intend to remove The appheant ~ntends to develop only the southeastern 8 acres of thc 15-acre site at th~s t~me, the balance of the property will be placed m a permeable area easement and will be developed at a later time and under separate apphcat~on There ~s a grove of oak trees along the southeastern edge of the property, the apphcant has designed the layout of the dcalersbap with the ~ntent of preserving at least some of these trees While staff appreciates the appheant's intent to preserve these trees, there ~s a good possibility that these trees could die as clearing and grading occurs m the critical root zones Development of the s~te will be subJect to the requirements of the interim regulations for nonresidential development (Ordinance No 2000-069) As such, a ProJect Plan ~s required to be submitted for rewew and approval by City Council ~ The subJect property ~s located m the Planned Development 12 (PD-12) zomng d~str~ct The current Concept Plan for flus portion of PD-12 was approved by Ordinance 87-084 on May 5, 1987 and places this property wit!un a eommercml area (see Attachment 1- Enclosure 5) ~ Comprehensive Plan analys~s The proposed development ~s located w~thm an I~eg~onal M~xed Use Center future land use area of The Denton Plan Staff finds the proposed land usc to be consistent w~th the Comprehensive Plan ~ Comphance w~th draft zomng The draft zomng map denotes th~s s~te as "P, eglonal Center Commercial Downtown" (RCCD), which allows automobile sales prowded that they are w~thm one-quarter (%) mile of a freeway interchange The development is adJacent to a freeway, however, it ~s further than one-quarter m~le away from e~ther the State School or Post Oak interchanges Three (3) property owners were notffied of the zoning request Two (2) responses have been recexved an favor of the request (see Attachment 1 - Enclosures 3 and 4) OPTIONS 1 Approve as submatted 2 Approve wath cond~tlons 3 Deny 4 Postpone consaderatlon 5 Table, atem RECOMMENDATION The Planmng and Zomng Commasslon recommends approval ($-0) of th~s zomng request w~th the following condatmns 1 Lighting on the property shall be designed and mmntmned so as not to sh~ne on or otherwase dasturb adjoanmg property or to shane and project upward to prevent dfffusmn ~nto thc mght sky A hghtang plan shall be submatted by the apphcant for remew by Caty staff to ensure compliance with thas cond~tmn 2 An ~rngated landscapang strip at least three (3) feet ~n w~dth shall be prowded along the top of the retaining wall along the southwestern boundary of the property Th~s strip shall be planted wath wnes capable of growing up along the rear fence 3 Public address speakers shall be oriented so as not to face towards the south, southwest or west 4 The temporary sales bmldang will be removed from the sate wathln 90 days of a Certfficate of Occupancy beang issued for the mmn sales and service building 5 The exastmg Oak trees intended to be preserved by the apphcant shall be momtored dunng constructaon actavaty and dunng a five-year recovery period 6 If the health of any of the exastmg Oak trees should dechne dtmng construction or the recovery period, the apphcant shall plant replacement trees m the ~slands where the Oak trees are removed an accordance wath the Landscape Ordanance ESTIMATED PROJECT SCHEDULE Thas property ~s not platted and would have to be platted prior to development A final plat for the property has been submitted by thc apphcant and ~s currently being reviewed by the Development Revaew Committee PRIOR ,ACTION/REVIEW The following is a chronology of SP-01-0001, commonly known as J~m McNatt Toyota-Dodge Appheatmn Date - January 18, 2001 DRC Date(s) - January 25, 2001 P&Z Date - March 14, 2001 FISCAL, INFORMATION Development of this property will increase the assessed value o£ the city, county, and school district It will require no short-term public improvements that are the responsibility of the mty ATTACI~IMENTS 1 Planmng and Zomng Commission Report, March 14, 2001, SP-01-0001 2 Planmng and Zoning Comm~sslon m~nutes from March 14, 2001 3 Draft Ordinance Respectfully submitted Douglas ~ Powell, AICP Director of Planning and Development Prepared by Thomas B Gray Planner I ATTACHMENT 1 PLANNING AND ZONING COMMISSION Aoenda~n :~ 18 STAFF REPORT Date ':3-' I,/J..- Sublect Jim McNatt Toyota/Dodge- Case Number SP-00-0001 Detailed Plan / Project Plan Staff Thomas B Gray, Planner I Agenda Date March 14, 2001 Hold a pubhc heanng and conmder recommending approval to C~ty Council a Detailed Plan / Project Plan for approximately 15 acres located on the southeast mdc of Interstate 35E apprommately 3000 feet northwest of its intersection w~th Post Oak Road The property ~s located ~n the Planned Development 12 (PD-12) zomng dmtnct An automobile dealership ~s proposed LOCATION MAP Locabon 4000 block South 1-35 E Size, 14 95 acres SP 01-0001 4 Applicant J~m Stephenson Owner. J~m McNatt Stephenson Architects Al McNatt Family Partnership, Ltd 6777 Camp Bowie BIvd, Ste 106 608 N Bell, State B Fort Worth, Texas 76116 Denton, Texas 76209 The developer ~s requesting approval of a Project Plan/Detailed Plan for an automobile dealership The dealership will contain auto sales and service faclhtles A port~on of the parking/display area w~ll be covered with canopies to protect automobiles from weather damage (see Enclosure 1) The applicant intends to operate out of the 75'x100' temporary sales building until construction on the main building is completed Th~s rote is currently undeveloped, w~th the exception of an ex~stmg billboard that the applicant does not own or ~ntend to remove The applicant ~ntends to develop only the southeastern 8 acres of the 15-acre rote at thru t~me, the rest of the property w~ll be placed ~n a permeable area easement and w~ll be developed at a later date There ~s a grove of trees located along the southern edge of the property Upon staff recommendation, the apphcant has altered h~s parking and display layout w~th the ~ntent of preserving several of the exmt~ng oak trees on the property Wh~le staff appreciates the apphcant's ~ntent to preserve these ex~sting trees, there ~s a good posmblhty that some, ~f not all, of these trees will d~e as clearing and grading occurs ~n the critical root zones of these trees The property is bounded to the northwest by a manufactured home sales lot and to the southwest by an automobile dealership Much of the property d~rectly behind th~s s~te ~s located w~thln an Enwronmentally Sens~bve Area (floodplain), although the W~mbledon V~llage remdent~al subdivision ~s located w~th~n approximately 1000' of the proposed development The Denton Plan places th~s property w~th~n a "Regional M~xed Use Center" future land use area Regional M~xed Use Centers are ~ntended to contain the shopping, services, recreation, employment and institutional fac~ht~es supported by and serving an entire region A regional acbwty c_~nter could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment faclhbes, a high school or commumty college, and high-density houmng Staffflnds the proposed use to be compatible w~th the comprehensive plan i Transportation A Tnp generation According to the 2000 Trip Generation Manual pubhshed by the Insbtute of Transportabon Engineers, a new car sales estabhshment generates an averege of 37 5 tnps per 1,000 square feet SP-Ot 0001 5 of floor area The apphcant ~s propomng a development contmmng 39,095 square feet of gross floor area, which means that the proposed development could be expected to generate approximately 1042 5 trips per day B Access Thru development w~ll have access to the Interstate 35E southbound frontage road C Road Capacity The 1-35 East frontage road is demgned to carry approximately 5,000 trips per day There are no recent traffic counts available for thru secbon of roadway The apphcant has presented a Traffic Impact Analys~s (TIA) as part of the required ~nformatlon for a Project/Detailed Plan apphcat~on This study has demonstrated what ~mpact should be expected from th~s development, as well as what transportation improvements w~ll be required of th~s development The apphcant's TIA recommends ~mprovements such as deceleration lanes along the southbound 1-35E frontage roads Staff ~s generally ~n agreement w~th the applicant's TIA, and w~ll work out details regarding traffic ~mprovements w~th the apphcant as development progresses D Pedestrian L~nkages S~dewalks along all pubhc streets are reqmred 2 Utilities Th~s site has access to ex,sting water and samtary sewer lines 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A prehmmary drainage study was submitted as part ofth~s Project/Detailed Plan The study includes calculations of the 100-year storm for all drainage areas on thru property and any area that drains towards thru property The developer has proposed to prowde underground detent;on for on-rote runoff and has placed the northern porbon of the tract wrth~n a permeable area easement unbl such t~me as development for that port~on ~s proposed, at wh;ch bme permanent drainage faclhbes w;ll be required 4 Signs Signage proposed is shown on the Deta;led/Project Plan 5 Off-Street Parking New development must prowde parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances The developer ~s prowd~ng a total of 585 parking spaces, the majonty of wh;ch w~ll be used for vehicle storage and dmplay 6 Landscaping A landscape plan has been submitted as part of th;s Detmled/Project Plan In add~t;on to the landscaping proposed, staff recommends that the apphcant provide a narrow landscaping stnp along the rear edge of the property Th~s landscaping stnp could be planted w~th v~nes that would SP 01-0001 6 grow on the adJacent fence and prewde additional screening from future development to the southwest of this preperty 7 Open Space and Recreational Areas Nonresidential development Is not required to participate ~n park ded~cabon reqmrements 8 Light,ng Ordinance 2000-069 (the Nonresidential Interim Regulabons) requires that hghtlng on the preperty be designed and maintained so as not to shine on or otherwise disturb adjoining preperty or to shine and project upward to prevent the diffusion into the mght sky This requirement can be wntten ~nto the ordinance as a cond~bon of approval 9 Environmental Quality impacts A small portion of th~s preperty ~s located within an Enwronmentally Sens~bve Area (ESA) No development is being preposed w~th~n this area Staffwould recommend that the no~se impact of th~s development be reduced by requlnng that speakers for a pubhc address system be onented so as not to face towards the W~mbledon V~llage subdivision Otherwise, no major ~mpacts are anbmpated December '19, 1978 -The subject preperty was placed ~n the Planned Development 12 (PD-12) zoning dlstnct and land use clasmflcation by Ordinance 78-78 (see Enclosure 2) May 5, '1987 -An amended Concept Plan for this portion of PD-12 was appreved by Ordinance 87-084 (see Enclosure 5) The subject property is not platted and would need to be platted prior to any development Not~ce of the zoning request was pubhshed ~n the Denton Record-Chremcle on Saturday, March 3, 2001 Three (3) preperty owners within two hundred feet were ma~led legal notices and ten (10) residents within five hundred feet were sent courtesy nobces reforming them of the request (see Enclosure 3) As of th~s writing, there has been one response in favor of the zoning request (see Enclosure 4) No neighborhood meebngs have been held Staff recommends approval of SP-01-001 w~th the following conditions 1 L~ght~ng on the property shall be designed and maintained so as not to shine on or otherwise d~sturb adjoining property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght $P-01-0001 7. sky 2 An ~rngated landscaping strip at least throe feet (3') ~n w~dth shall be prowded along the top of the retaining wall along the southwestern boundary of the property Th~s strip shall be planted w~th v~nes capable of growing up along the rear fence 3 Pubhc address speakers shall be oriented so as not to face towards the south, southwest or west 4 The temporary sales building w~ll be removed from the s~te w~th~n 90 days of a Certificate of Occupancy being msued for the mmn sales and service building I move to rocommend approval of SP-01-001 w~th the following conditions 1 L~ghtmg on the property shall be designed and mmnta~ned so as not to sh~ne on or otherwise disturb adjoining property or to shine and project upward to provent the d~ffumon Into the mght sky 2 An ~rngated landscaping strip at least throe feet (3') ~n w~dth shall be prowded along the top of the rotalmng wall along the southwestern boundary of the property Th~s strip shall be planted w~th wnes capable of growing up along the roar fence 3 Public addross speakers shall be oriented so as not to face towards the south, southwest or west 4 The temporary sales building will be removed from the rote w~th~n 90 days of a Certificate of Occupancy being issued for the main sales and servme building 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend denial 4 Postpone conmderat~on 5 Table ~tem 1 Project/Detailed Plan 2 Zomng Map 3 200'-500' Notification Map 4 Property Owner Responses (1) 5 Approved concept Plan for PD-12 (Ordinance 87-084) SP-01-O001 ENCLOSURE 1 -- , I ~ I, __ ~ ~ill.rlt~~~=~~ ,.,~ _ ~,-.: ,~,,,~ ,~-,- ~ ~ ~. , , ,,,, ,~ .~,~ , ......... ~ ~ ,,L ~, : : ' ~ .. 'TI-' ~ ~ i ~ , : ii ~ : '1 --!-.~'-t 0 - ' J,, I I '"~" '1 l 9 ENCLOSURE 2 ~ NORTH SP-01-0001~ (Jim McNatt Toyota- Dodge) SiTE ~== A ZONING MAP Agenda Date: March 14, 2001 Scale None ~4 NORTH SP-01-0001 (Jim McNatt Toyota - Dodge) SITE 200'-500' NOTICE MAP 200' Legal Notices sent v~a Certified Ma~l 3 500' Courtesy Notices sent v~a 1st Class Mad 10 Number of responses to 200' Legal Notme · Opposed _0 · In Favor 2 · Neutral 0 Percent of land w~thm 200' ~n oppos~bon none Agenda Date iMarch 14, 2001 Scale None Mar 02 O! 02:19p MoMat' 940 382 1546 p ! ENCLOSURE 4 NOTICE OF PUBLIC HEARING SP-Ol-001 The PlanningI and Zomng Commission of the C~ty of Denton will hold a public hearing on Wednesday, March 14. 2001, to consider recommending approval to City Councd a Detailed Plan / ProJect Plan for approximately 15 acres located on the southeast side of Interstate 35E approximately 3000 feat northwest of its IntarSe~on with Post Oak Road The properly ~s located in the Planned Development 12 (PD-12) zoning dmtrlct An automobile dealership is proposed The pubhc hearing wdl start at 6 00 p m In the C~ty Council Chambers of City Hall located at 215 E McKinney Street. Denton, Texas Beoause you own property Within two hundred (200) feet of the subject properly, the Planning and Zoning Commission would I~ke to hear how you feel about th~s z°nmg change request end invltes you to atJend the public heanng Please, In order for your opinion to be taken in]~o account, return thls form w=th your comments prior to the date of the public heanng in no way prohibits you from attending and parbclpating /n the public heanng ) You may fax It to the number located at the bottom, mall it to the address below, or drop It o;f In-person' Planning and Development Department 22t N. Elm St Denton, Texas 76201 Attn. Thomas B. Gray, Planner I The zoning process Includes two public hearings designed to provide opportumties for citizen Involvement and comment Pnor to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first publm heanng held before the PJanmng and Zoning Commission The CommlsSlon ts Informed of the percent of responses m support and In oppos~bon, Second. the zoning pebt.on is forwarded to the City Council for final action providing the Commlsslon recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners ol' more than twenty (20) percent of,the land area within two hundred (200) feet of the site submit written oppos~on, then six out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition ~n~ln .favo reques~t Please circle one' r of Neutral to request Opposed to request Szgnature . ~ - Malhng Address ~O~?-~ /V'. [~'eT'.,c Telephone Number ~) ~0., '~ ~'% - ('0 ~ o Physical Address of Property wlthln 200 feet' .~PO~) ~'. ~'-TJ' ~'. CITY OF DENTON, TEXAS ClTY HALL WEST - DENTON, TEXAS 76201 - 940.3498350 - (F) e40 34.9 7707 SP. Of 001200 No~l~e 16 NOT'J:¢E OF PUBL'rC HEAR NG SP-01-O01 The Planning and Zoning Commission of the City of Denton w~ll ho~d a public hearing on Wednesday, March 14, 2001, to consider recommending approval to City Counal a Detailed Plan / Project Plan for approximately 15 acres located on the southeast side of Interstate 35E approximately 3000 feet northwest of fits Interse~on with Post Oak Road The properly is located in the Planned Development 12 (PD-12) zoning district An automobile dealership is proposed The pubhc hearing will start at 6 00 p m In the City Council Chambers of City Hall located at 215 E McKlnney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject properly, the Planning and Zoning Commission would like to hear how you feel about th/s z°n~ng change request end ~nvltes you to aflend the publlc heanng Please, m order for your opinion to be taken Into account, retum this form w~th your comments prior to the date of the public heanng (This in no way prohlb#~ you from attending and parbc~pating in the public heanng ) 'You may fax It to the number located at the bottom, mall it to the address below, or drop It off In-pemon' Planning and Development Department 22t N. Elm St Denton, Texas 76201 Attn Thomas B. Gray, Planner i The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment Pnor to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this not, ce, The first public heanng is held before the Planning and Zoning Commission The Commission is Informed of the percent of responses In support and in opposition Second, the zon,ng petition is forwarded to the City Co~lndl for final action providing the Commission recommends approval Should the Commission recommend denlal, the petitioner may then appeal the request to the City Councd If Owners o! more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposFaon, then slx out ct seven votes of the City Council are required to approve the Zoning change These forms are used to calculate the percentage of landowner opposition. r of Neutral to request Opposed to request S~gnature . . Printed Name _.. Madmg Address Telephone Number Physical Address of Property within 200 feet ClTYOPDENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 - 940.3498350 · (F)9403497707 sP.o~ oo~ ~oo NoUO~ 17 1756L ' ENCLOSURE 5 - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE ADOPTION OF A CONCBPT PLAN FOR 43.4 ACRES OF LAND LOCATED SOUTH OF 1-35E AND SOUTHEAST OF STATE ~CH00L ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN, AND BhING A PORTION OF THAT PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO. 86-109; AND PROVIDING FOR AN EFFECTIVE DATE. WHhREAS, on June 3, 1986, the City Council, by the adoption o£ Ordinance No. 86-109, approved the creation of a planned develop- ment district for 74.8 acres of land, as described therein; and WHBREAS, on February 3, 1987, the City Council held a public hearing on the petition of The Nelson Corporation requesting approval of a Concept Plan for 45.4 acres of the Planned Develop- ment District, as described herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SBCTION I. That Ordinance No. 86-109 is amended by repealing Exhibit "D-5", attached thereto. SECTION II. That, in accordance w~th the provisions of article 11 of Appendix B-Zoning of the Code of Ordinances, Exhibit "B", attached hereto and incorporated herein by reference, is approved as the Concept Plan for the 43.4 acres of land described therein. SECTION III. That this ordinance shall be attached to Ordinance' No. 86-109, showing the adoption of the Concept Plan approved herein, and the amendments herein made. ShCTION IV. That this ordinance shall become e£fectlve immediately upon its passage and approval. PASSED AND APPROVED this the~l"day~ of , ~, 1987. ATTEST: J£~FER~ASTERS, CITY SECRETARY APPk~dV5D AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORN~.Y Il- 1 Legal Description FIELD NOTES 43.40 AC~ES BEING a tract of land situated in the G.W. WALKEH SURVEY, Abstract No. 1330, City of Denton, Denton County, Texas; COMMENCING at a point in the easterly line of Block 1 of Wimbleton Village, Phase I, an addition to the City of Denton, Denton County, Texas, said point being 22.66 feet northerly of the northerly line of Winston Drive, measured along the easterly line of said Block I, said point also being in the common city limits line between the City of Denton and the Town of Corinth; T~ENCE South 84 deg O0 mia O0 sec East, with the common city limits l~ne between the City of Denton and the Town of Corinth, same being along the southerly line of the G.W. W-'~-- - a&~g~ murray, Abstract No. ~30, a distance of 1801.74 feet to the POINT OF THENCE North Ol deS 5~ mia 31 sec East, leaving the southerly line of ~aid G.W. Walker Survey, a distance of 2?8.?$ feet to a point for corner, said point being the beginning of a curve to the ri 07 deg 42 m~n 12 sec a radi * AA~ O~ =- ght having , ms o. ~o~ ~et, and a chor~ k~-~_ 83 deS 34 mia ~9 sec West, with a chord distance of 90.12 feet; THENCE Northwesterly, along said curve to the right, an arc length of 90.24 feet to the end of said curve, a point for corner; THENCE,North 79 deg 40 mia 43 sec gest, a distance of 914.~? ~eet to a point for corner, said point being in the northeasterly line of a ~O foot wide gaa line easement; THENCE Northwesterly, along the northeasterly line of said gas line easement as follows: North 09 deg el mia O0 sec West, a distance o~ ~99.98 ~eet to a point for corner; North 12 deS 48 mia O0 sec West, a distance of 305.22 feet to a point for corner; THENCE ~orth 42 dag 09 min O0 eec West, leaving the northeasterly line of said gas line easement, a distance of 424.86 feet to ~ point for corner; THENCE ~orth 42 deS §l mia OO eec East, a distance of ~?1.0! feet to a point for corner, said point being in the southwesterly line of Interstate Highway 3~E, (300 foot E.O.W.); THENCE South 47 deg O? mia OO sec East, along the southwesterly line of Interstate Highway 35E, a distance of 2178.42 feet to a point for corner, said point being the beginning of a curve to the left having a central angle of 03 deg 16 min O0 sec, a radius of ~B79.64 feet, and a chord bearing of South 48 deg 4~ min O0 sec East, with a chord dXstance of 335.18 feet; THENCE Southeasterly, continuing along the southwesterly line of said Interstate Highway 3~E, and along said curve to the left, an arc 33~.22 f~et to the end of said curve, a point for corner; THENCE South ~0 deS 23 min O0 sec East, continuing along the southwesterly line of Interstate Highway 35E, a distance of ~00.~2 feet to s point for corner; THENCE South 50 deg 33 mia O0 sec East, continuing along the line o~ said Highway, a distance of 97.30 feec to a ----- - rly ~ ~0~ corner, said point being in the common city limits line between the Clt~ of Denton and the Townlof Corinth, same being in the southerly line of the G.W. Walker Survey, Abstract No, THENCg No.rrb 84 deg O0 min O0 eec West, with the common city limits line between t.he City of Denton and the Town of Corinth, same being along the southerly llne of the G.W. Walker Survey, Abstract No. 1330, a distance of 1267.00 ~eet to the POINT OF BEGINNING, and containing 43.&0 acres of land. 20. 3. Development Standards (1 of 4) STATEMENT OF INTENT To ensure a development that provides a variety of goods and services intended to be compatible with existing and proposed land uses in the vicinity. _RELATIONSHIp TO DENTON DEVELoPMENT GUILr, This development is located In a moderate intensity area and provides diversity through a communxty unit concept with jobs close to housing and a transportatAon balance eliminating trips across town for day-to-day needs. pEVZ oPM ST SUMM v Commercial and/or Office Uses 43.4 Gross Acres TOtal - Maximum l~l F.A.R. Maximum floor area 1,890,504 square feet ~RAFFIC AND TRANSPORTATION There shall be a minimum separation of two hundred (200) feet between points of access off of the Interstate 35E frontage road. All streets, paving and parking lots shall conform to standards employed by the City of Denton. P--ROJECTEDITRAI~IC Traffic projections outlined in the Site Traffic Analysis for Oakmont Estates prepared by 8arton-Aschman Associates, Inc. ~UILDINGS Building locations and minzmum setbacks as shown on the' Concept Plan. A building envelope is defined as that area within which buildings are anticipated to be located. Building envelopes, as Indicated on the COncept Plan, are subject to change. Maximum building height, eight (8) stories. TREES Tree masses are shown On the Concept Plan. EVery effort be taken to ensure the survival of sign~ficant trees on site. 21 3. D'~Telopment Standards (2 of 4~ Screening elements shall be addressed on the Detail Plan. OFF-SITE XNPORMATZON As shown on the Conoept Plan. ..UTILITIES Existing utilities as shown on the Concept Plan. The ~ani~ery sewer looation is subtect to -~ .... ~ po~ed locations of utility l~nes shall ~- -~---'"~"~".- mrecLse Plan for this area. - -~ =~u~essea on ~e Detail DEVELOPMENT Detail Development Plans for initial phasing will be submitted no later than November, 1994. At that time, specific scheduling of Detail Plan submittals for the remaLning phases of ~his area w~ll be outlined, tt is anticipated that bulldout of the development should occur within a 25 year period or by the year 20~1. 3 Development S~andards (3 of 4) ~OHM£RC[AL SHOPPinG P£RMITTED USES. All uses as permitted in the commercial and office zoning districts, except that the £ollowing uses shall not be per~ 'ted. ~m~se er . Commercial (outdoor), Drag Strip or ow erclal Racing Asphalt or Concrete Batching Plant (permanent) Brick Kiln or Tile Plant Cemetery or Mausoleum Dormitory, Boarding or Rooming House Dump or Sanitary Fill Area Extraction and Sale bf Sand, Caliche, Stone, Clay or Gravel Fairgrounds or Exhibit Area Go-Cart Track Halfway House Hatchery, Poultry Hauling or Storage Company Heavy Machinery Sales and Storage Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auctlon Livestock Peedlng Plant, Pens or Yards Mining or Storage of Mining Nastes Open Salvage Yard £or Rags or Machinery, etc Petroleum Collecting or Storage Facilities Private Utility Shop or Storage Yard Rodeo Grounds Sand, Gravel or £arth Sales or Storage Stable, Commercial Rental Stable, Boarding Stable, Private Club Storage and Sales of Furniture or Appliances Ou,tside a Building Theater, Drive-In Tire Re-Treading or Capping Tool Rental Trailer Camp or Mobile Home Park Trailer Rent I ,r Sales Used Auto Pa:ts Sales 23 Development Standards (4 of 4) REQUIREMENTS: Heliht Requirements: Maximum of eight (8) stories. Area Requirements: Front Yard -Mxnxmum twenty-five (25) feet. ~ide Yard - Minimum fifteen (15) feet. Rear Yard - No rear yard is required. Landscaped Open Space - Five percent (5%) of the total lot area shall be maintained as landscaped open space. - Lot Coverage Maximum fifty percent (50%) by buildings. Floor Area Ratio: Maximum 1:1 Bulld~n~ Materials: The main building exteriors shall be constructed o£ glass, stone, brick, tiles, cement, concrete, or similar materials, or any combination thereof. Parking Requirements: One (1) off-street parking space shall be provided for each three hundred square feet (500') of floor space. Traffic Requirements: 1. When the level of serwce changes from C to D at the unslgnallzed intersection of State School Road and the service roads of Interstate Highway 5S-R, or accidents at the above mentioned intersection exceed the guidelines of the State Highway Department as determined by the City Engineer, then, as a condition of receiving building permits thereafter, 15.5% of the cost of the signalization equipment needed at that intersection or $5,200.00, whichever xs less, shall be paid to the City of Denton,-if the City of Denton would be responsible for the necessary signalization equipment. 2. By the date of any one or more land use shown in the attached list of "Phase III Land Uses" is projected to generate vehicular traffic in excess of 5,000 trips per day, as determined by the city Rnglneer, but in no case later than January 1, 1992, a revised traffic study for the entire 725 acre development, specifically addressing all tra£flc needs for that part of the development located within the City of Denton, must be submitted to the City Bnglneer. 24 Page 139 I ~ I just want to see the cows out there Ant I automobtle dealership for Jim McNat~ Of course, their 2 love to see all the cows 2 current location is at the comer of University and Bonme 3 3 Brae They do propose to move to this location The 4 4 existing concept plan, this Is a Planned Development, 5 5 PD 12 I thmk, and the existing concept plan permits 6 6 colmnerclal development of thru type on thru property so 7 7 this detaded plan is in comphance with the concept plan 8 8 It's also tn comphance with the interim regulations - 9 9 sorry, the Denton Comprehensive Plan because this is a 10 10 regional mixed use center, and by regional mixed use we 11 11 mean very intent large-scale comparison ~pe retail such 12 12 as automobile dealerships would be permitted hem 13 13 The apphcant -- and I think I passed out a 14 14 rendering of the proposed development I think the 15 15 applicant also has a rendering that he would hke to show 16 16 But I'll go ahead and show you the detaded plan itself 17 17 You should have this In your backup They are proposing 18 18 about -- a full-service automobile dealerslup and a 19 19 service facthty to service the new vehicles There will 20 me a total of 586 parking spaces on the property The 21 majority, of course, will be display for merchandise, 22 although they'll also have parking for customers and 23 employees 24 One thing I would hke to point out is that 25 the apphcant originally came to us with basically just a Page 140 I big parking lot here tn the center of the property There 2 were some -- there was some landseapmg but none of the 3 existing post oaks on that site were saved We d~scussed 4 this with the apphcant and the applicant did revise their 5 plan to promde landscaping aisles or landscaping areas 6 for these post oaks Of course, they are post oaks so 7 MR MC~E~CL suspend for a moment 7 they're very sensitive to development And I do have a 8 while the happy recip~ents leave the hall Our next ~tem 8 graphic here from None Munc~e who's are Landscape 9 then is to hold a public hearing and consider recommending 9 Coordinator Generally, you get tn trouble, especially 10 approval to City Council, a detailed plan/project plan for 10 with trees like post oaks, when you develop tn the 11 15 acres, a proposed dealership And Mr Gray is bnngmg 11 critical root zone The applmant has revised their 12 us the staff report 12 detailed plan to preserve these post oaks as much as 13 Mil Ol~Y Thank you This is about a 15-acm 13 possible However, there will be some gmdmg in the 14 s~te located on tho southwest side of 1-35 East between 14 critmal root zone which ts denoted by these red hnes 15 the Denton/Corinth boundary and State School Road It's 15 here The applicant has tried where possible to extend 16 on a piece of property that's currently undeveloped I 16 these landscape areas out to the drip hne of the tree 17 think there's an existing billboard on there that th~ 17 However, as thru graphic shows, people assume that trees 18 applicant does not own If you look at the map here, this 18 grow hke this with the roots generally following the drip 19 would be the stt~ Directly adjacent to ~t would be the 19 line of the tree They actually grow hke this and so 20 manufactm'ed home sales facility that ~s there And then 20 there's so much more of the root system outside of the 21 everything up here would be James Wood Auto Park with the 21 drip line that Is involved And if you grade tn th~s 22 exception of this corner which 15 the Denton Cancer 22 critical root zone, then there's a chance, especially when 23 Center 23 you're dealing with sensitive species such as post oaks, 24 This ts a detaded plan/proJect plan because 24 that these trees could dm 25 ~t is subject to the lnternn regulataons for a proposed 25 So we cannot guarantee that these trees will TIlE PLANNING AND ZONING COMMI 25 MARCH 14, 2001 Page 137 - Page 140 Condons~ItTM Page 141 Page 143 I survive However, we do want ~o point out that the 1 onto th~s site So they would like th~ oppormmty to go 2 applicant has worked with us to toy to save the trees 2 ahead and pave the site and start operations there out of 3 And in addition to the conthuons that I've proposed for 3 thc tonporary building while thc main bmlthng is being 4 this development, I would also ask that or sugg~t that 4 completed So I've suggested a fourth conthtion that die 5 conditions also be added that wv monitor these oak utes 5 temporary sales building be permitted, but that since it 6 dunng the construction actlvlVd and dunng the thres-yesr 6 ~s temporary, it be ranoved from the alta wltlun 90 days 7 recovery period and if these oak tines do die, that the ? of a certificate of occupancy being issued for the main 8 applicant be reqmred to plant replacement ~ m the 8 sales and service building 9 islands whom these Izeas are removed That way wv can 9 Otberwlse, staff would be happy to answer any 10 try to save these trees But if they do the, v,e have a 10 questions 11 mechamsm by wluch they cnn bo replaced vnth perhaps a 11 MR Mctaaicc commissioners, do you have 12 more hearty species 12 questions for Mr Gray? Gonumssiuner Morose 13 The only other comments I would point out, I 13 mu lvloRatao on your public address system 14 chd receive one additional notice in favor from .lames Wood 14 dccs the City ordinance have any limitations, 1 $ Autu Park to the north I'll pass this around so you can 1 $ reqmranents, conditions regarthng the use of public 16 take a look at it And we would recommend approval of 16 address systems today? 17 thisdetalledplsnwithtbefollowmgcond~tions number 17 MaaP.~V imectawarethatwohaveanyen 18 one, om standard lighting condalon that hghting on thc 18 the books today I do know we have a no,se ordinance but 19 property be designed and maintained so as not to sluse on 19 I don't know if the noise I Ihnk that's just a 20 or otherwise disturb adjoining property 20 function of decibel readings I don't dunk it's a 21 We have also spoken with the appbcant and the 21 function of the type and design of public addr~s systems 22 apphcunt has agreed to provide n three foot landscaping 22 MR IvloRai~o SO arc you tolling me I could put 23 strip along th~ rear of the property There is no 23 a public eddr~s system on any existing business in Denton 24 buffenng, landscape buffenng along the rear of th~ 24 today If I wan~xl to? 25 property and because the area right behind Ihs ~s 25 MR aR~Y i m not aware Of any regnlations Page 142 Page 144 1 floodplain, there's not hkely to be any adjacent 1 against it, prohibiting it 2 development However, wvwouldhketosceahttle 2 MR. REICHHART Ithmkfl'smoreofe 3 landscaping s~np that vines, for example, I think 3 nuisance ordinance and I think ~t addresses trines, whether 4 Carohun Sasper or .l'asaune would be a successful vine that 4 it's befor~ 7 00 o'clock m the morning and after 10 00 or 5 cooldgrowupaloogthefencebaekthe~aedprovideaba 5 it might be 11 00 o'cloak or something lhke that, as 6 of screening and aesthetic buffering from whatever fu~ur~ 6 opposed to specific type of noises And I thmk it's more 7 development occurs belaud there 7 repetitive noises than temporary noises But I know with 8 I would point out that th~ is -- let me show 8 James Woods that was a concern of some of the adjacent 9 you the zoning map The~ really isn't any nearby 9 neighbors and maybe the applicant can address it a little 10 residential development other than the Wunbleton 10 bit closer And they rmght be able to wear pagers or 11 Subdivision Im~ That's maybe about 1,000 fes~ away from 11 beepers or sometlung lrke that as opposed to public 12 the parameter of Ihs site We would add an ad&tiunal 12 address system I don't know 13 condition that public address speakers be oriented so as 13 MR MORENO okay Thank you 14 not to face toward tbe south, southwest, or west That 14 MR MCNEILL Yeah l think James Wood agreed 15 way if any snnoancements or stuff or made over that loud 15 that they wouldn't even have an outdoor loud speaker 16 speaker, they don't carry towards the ne~ghborlmod I 16 system 17 reahz~ Ihs is a concern of this Coourasslon, that Ihs 17 MR MORENO I'm trying to remember 18 Commission has put sumlar or even more rcstn¢l:lva 18 MR MCNEILL yo..~l, their salcgman and then- 19 conditions on loud speakers in the past and va: would 19 what have you agreed to can'y beepers Commissioner 20 certainly recommend that 20 Rlshel 21 One final Ihag that I would point out m that 21 MR RISHEL one of the things that you said, 22 they have proposed an area for a temponu'y salen braiding 22 I'm son'y, was -- and I don't know if tt's tn regulation 23 They want to get started with Ihs in a relatively short 23 or not, but you smd something about a three-year recovery 24 amount of tone and it aught not be hkely that th~ enttre 24 period Is that, tn fact, the law right now? 25 main salm bmlthng be completed by the tune they move 25 MR GRAY I'm not really cer~n I think THE PLAlXqqING AIqD ZOhlING COMMI? ..... MARCH 14, 2001 Page 141 - Page 144 26 CondenscltTM Page 145 Page 147 I that thc way tbas memo from Noun Mantle is written la that 1 But at this point, thls condition just basically says the 2 usually you expect that the shock and trauma to a ~ 2 hghting should bc maintained so as not to diffuse or 3 dunng construction is such that sometimes it takes as 3 sMn¢ upward, but ~t really doesn't say it has to be th~s 4 much as thn~ years for that m~ to recover 4 candln power or foot candle power $ MR alsrlEt I understand the theory My 5 Ma REICHHART And I would think the only way 6 question ts is it - do we have: ~t wnttan in or is it 6 to really address that ~s I'd ask for a hghtmg plan and 7 something that we: need to mal~ a motion on as to make it a 7 subrmt it And that's thc only thing It's hard to hmlt 8 three year pound or n five-year perl0d or whatever we 8 it without knowing what their -- I mean, obviously, if 9 choose or :s it somet~ng that's already an ordinance and 9 thcir hours am thay're operating in the evening and 10 I don't remember it as an orchnanee? I'm questioning 10 they want to be able to I mean that's their d~splay 11 where we came up v~th that 11 It's a httle different because the display ls ouRioors 12 MRORAY Yeah Ireallydan'tknow That 12 Beablntosafelyd~splaylt Butthes~lsadifforenco 13 would bo in the landscape orchannce 13 between hghting It tip hke a football field and hghting 14 MR RISHEL SO it would b~ a recommendation 14 it up for, you know, cosmencs 15 we'd have to make? 15 MS OOURDIE Yeah But it maintains thc same 16 Ma O~V yeah TMS would bca 16 consistency Oncc it goes dark, it's that samc bright 17 recommendation 17 light throughout, whether they're dame business or not 18 MR RISHEL Like sound or hghting, If It was 18 I mean, Saturdays whcn they're closed or whatever, it's 19 a three-year period or a five-year period for teeny.y? 19 still the intense bright - so, I don't know, Is thom 20 MR OIC~.Y uh-huh 20 some way we can say when it n~xts to bc turned down once 21 MRRISHEL okay Thenkyou 21 buslness hours am closed? 22 MR MCNEILL Comnllsslon¢~ Oourdle 22 MR REICHHART I haVe seen Other car 23 MS OOURDIE I have u question for our 23 dealerships that were r~qmred to minimize l~htmg after 24 hght:ng so-called orthnance Thc way It's worded is it's 24 certain hours, that you need a security lighting but you 25 just not t0 diffuse Isthesoanythmgclscinltthat 25 don'tneedd~splayhghtmganymere Andlthinkthat Page 146 Page 148 I would say you can't use above ti'as watt or candlohght? 1 could be somethtog that could be worked mtn It 2 Because I'm noticing more and more, like, Sarans Wood we'll 2 MS GOURDIE Display versus security Okay 3 use for eXample, they were asked not to do that but when 3 Thank you 4 you dave by, it's still very, very bright It's very 4 MR MCNEILL I have a question for you If 5 llhtmmated You go by tho new Village right there at tie 5 the back end of tMs property is never gnma to be 6 top of tha hill, the Lincoln/Mercury/Mazda store, and 6 developed because tt's m a floodplmn, then why do we 7 their candlehght :sa ht~le blt yello~r And I've 7 care if they have jasmine on the fence? 8 noticed that And then you get to Bill Utter and there's 8 MR GRAY Just un a~sthetlc 9 lsjust, youknow, sunbnght 9 MR MCNEILL Souren't we !and of gettmg 10 $o I would hka to know ff there's any way in 10 mtn the design when we start those kinds of lmposmonsV 11 our ordinances that wc can address thc typo of hghg 11 MR GRAY Well, yes, but flus-as the detailed 12 whethar ~t's a whto hght, a blun hght, a yellow hght, 12 plan so we are addressmg design at flus stage I think 13 because it's not worlang Tim ordmancn ts not working 13 the reason we're suggesting this mmunal landscaping or 14 We're not doing what we expect and I know tho neighbors 14 relatively nununal is because maybe the preperty right 15 are fzehng tha ~ffect of -- and onc more car lot is just 15 directly behtnd there is floodplain but there's property 16 going to bmug it up that much more 16 on the other side of the floodplain, as well, that is 17 Ma RISHEL And, of course, Bill Utm' ts not 17 currently zoned restdential, from what I understand in thc 18 in the City of Denton 18 concept plan for the PD SO you could have u situation 19 MS OOUa~t~ xhat's true He's not 19 where maybe not right bclund there but 300, 400 feet away 20 MR Mc~mt~ we don't have an ordinance 20 you have resldenttal development And it's just by 21 Ma OanY Yeah Wedoo'treelly--Iden't 21 creatmg, softenmgthatedgeahttleblt, Ithmkyou 22 tlunk we have an ordinance right now I tlunk we will I 22 create a httle bit of a heightened aesthettc and buffer 23 think that's part of the n~ De~vclopmcnt Code, if I'm not 23 there 24 nustaken, that we will have an orcheaneo that weald 24 MR MCNEILL Very good Commissioners, do 25 specify the foot candle power or reformation hke that 25 you have add~tional questions for staff? Dxd you have a THE PLANNING AND ZONIN(} COMMISS'c'x' ~'Sa. RCH 14, 2001 Page 145 - Page 148 27 CondenseltTM Page 149 Page 151 1 comment you wanted to make? You've got your book open I I you've got speakers that are part of a commercial 2 figured you wanted to say something 2 development Is what I'm saying To prosecute them on our 3 MS RATCL[FI~ YES, sir Jest wanted to 3 general nmsance ordinance isn't going to work 4 elabora~ for you on the lighting plan You do have the 4 MS RATCLIFF Yeah PretW much 5 ability to add as a contht~on that the apphcant submit a 5 MR MCNEILL YOUr point ls well taken 6 lighting plan that could just be reviewed through staff 6 That's the only -- and that's what I thought that we 7 about ~educmg some of the hghtmg so that it would be 7 thdn't we don't have a general ordinance that says so 8 cohesive w~th the ne~ghburhood and not be a football field 8 many Oh's If you exceed that, you've violated it And I 9 lighting And that if staff, basically, felt that the 9 think the Development Code, there was some consulerat~on 10 hghtmg plan didn't meet what the Commiss~on wanted, we 10 of put~mg that in there, as well as the foot candles that 11 would send ~t back to them, to the Commission and Council 11 an establishment can have Because that's thc only way 12 for a review It would be an amendment to their detailed 12 you're going to - if you have a standard, then you can 13 plan But you oould make that a oondltaon that they 13 enforceit If you don't havc a standard, thea you can't 14 submit a hghtmg plan through staff for approval 14 prosecute it 15 Ma. MC~It.t, when you say the neaghborhood, 15 MS RATCLIFF But yOU also have the option of 16 of course, the neighborhood where most of these lights are 16 as a condition no loud speakers whatsoever That's all 17 gomgtoshmelsI-35 So ther~'s really not andto 17 MR MCNeILt, oecd Thank you vea'y much 18 the- 18 That'sagoodpmnt Mr Gray 19 MS ~,TCt. I~P' well, depending on, you know, 19 Ma oanY i have no further comments I'll :20 as you're traveling along in your car, if the lights are 20 let the applicant speak 21 too bright and they're bhndmg, that has an impact 21 Ma MCNeILL okay I will open the pubhc 22 MB. MClqelLL w~l, I don't flunk they're that 22 hearing under the normal rules of the Commiss~on and ask 23 bright I've not seen any car dealers where I was blinded 23 if the applicant or the apphcant's representatives would 24 by the hght sbmmg on the highway 24 hke to speak I'm impressed you've been able to stay 25 Mm RATCLtFF JUSt wanted to bnng that up 25 awake through all this Page 150 Page 152 1 that you do have that option And we did find m the 1 ~na STePH~NSON t m fighting it, but I'm 2 nuisance section of the Code of Ordinances that there ts a 2 there Mr Chairman, Comm~ssion members, my name is hm 3 description about mnphfiers The use of any stattonury 3 Stephensoo My address is 6777 Camp Borne Boulevard, Fort 4 loud speaker, amphfi~, or musical mstrumant In such a 4 Worth Our from was retained by Jim McNatt to design th~s 5 manner vnth such volume to annoy or disturb persons of 5 project We're the project arclutect and we've developed 6 ordina.ty senstbthtles m the immediate vicinity thereof, 6 thc project plan for them that you have b~fore you So 7 purhcularly between the hours of 10 00 p m and 7 00 a m 7 instead of reiteraUng a lot of what Thomas has said, and 8 And It really basically prohthlts it on Sunday 8 cnns~denng the hour, if I can address any specific 9 MR. MCNEILL Isn't that the ordinance that 9 questions for hghung and PA systems and that sort of 10 the North Texas Falr always has to have a varlance on? 10 thing landscepmg, I'll be glad to do that Wlthmeis 11 MR. SNYDER Can I comment on that? 11 A1McNatt and Curtis Bmughton If you-have any quesuons 12 MR. MCNEILL sure Go ahead 12 pertaining to the property specific, A1 will be able to 13 MR. SNYDER BecaBse ] had to prosecute one of 13 answer those Specific questions about the operation of 14 those cases one time That's a loser because once you 14 the business, Curtis will be able to answer those for you 15 zone property for this type of use and you try to bring a 15 So ~f there's anything I can address, I'm sure there is 16 case against a oommercml development in Court saying it'., 16 Ma MCNEILL We have a couple of lights on 17 a public nmsance, you're not going to get a jury to ever 17 here 18 convict on that I'm just saying that's not -- that 18 MR STEPHENSON Ask away 19 ordxnanee xan't any real protection 19 Ma MCNE[LL commissioner Oourdie has a 20 MS RATCLIFF That's the only ordinance we 2O question 21 have 21 MS oouaom Thank you CoUld you explain to 22 MR. RISHEL Groovy Mule xs going to be glad 22 me how the McNaU Auto Group d~..s their speaker systems 23 to hear that 23 how they just talk to their mechanics and to thew sales 24 MR. SNYDER That may be a httle differant 24 force to get them to go where they nred them te go? 25 there hecause that was muslc But I'm talkmg about when 25 MILSTEPHENSON our mtent on thls is to THE PLANNING AND ZONING COMMIS°''"'''~ MARCH 14, 2001 Page 149 - Page 152 28 CondonscItTM Page 153 Page 153 1 orient the speakers that we have on the parameter poles or 1 you're driving down thc street, you're just going to see 2 light poles of the business end ann them back into the 2 the glow of the light and not the direct source of the 3 project end not out away from the building itself Paging3 light 4 is faLrly mmLmal on these type of projects, at least on 4 MS GOURDIE Are you -- and I know that you 5 the exterior The interior, there's a fmrly constant 5 travel and you look at these places and I know that you've 6 paging of employees or telephone calls and that sort of 6 noticed the different light illumination Just down the few 7 ttung But the exterior, I don't think ts going to be the7 places that we have I am preferable to the yellow 8 kmd of mtensity that maybe is concernmg you Butte 8 lights, personally It's easier on the eyes Youreyes 9 answer your question, we'll aim the speakers hack towards 9 adjust quicker and faster But I'm perplexed as to why we 10 the inside of the property Of course, we don't went to 10 need to go with such hot white lights that create -- 11 turn those up eny higher than they have to be because 11 especially at night when y'all aren't even there anymore 12 that's a nuisance to the customer that you're try,ng to 12 And we know that -- I realize it's either to show the 13 serve So just enough volume to get the job done 13 place off or it's so-called security reasons I think 14 MS GOURDIE AlSO the other thing, I was 14 it's more showing off 15 drtvmgback fromthe airport late the other mghtendI 15 MR STEPHENSON well, it is to show off the 16 was -- tt hit me very profoundly as I was driving down the 16 car And the light you're talking about is a metal hahte 17 1-35 comdor and passed all the auto complexes, how high 17 light and that is a whiter colored light But what that 18 the lighting fixtures have to be Is there a reason why 18 does ,s produce a tree color on the car as opposed to a 19 they have to be so Ingh9 And I think that also creates 19 distorted color I've got a red Suburban and when I go to 20 the tlins~on of a much brighter location, .which I 20 Tom Thumb and park in the parking lot under the yellow 21 understand that because ,t diffuses a wider location 21 light -- or it's a sodium vapor gives you kind of a 22 But m my mind I thought tt was almost not necessary and 22 yellowtsh-orenge cast I get out of my car and I've got 23 I'm just wondering ;f there's a reason why the light poles 23 an orange Suburban So you wouldn't want to come buy a 24 have to be so high m the au' when all you're really doing 24 car under those types of light and come back the next day 25 is illuminating the cars, which we know aren't much lughet 25 to pick it up and realize that instead of buying an orange Page 154 Page 156 I than -- let's we'll just say a 1 O-foot hexght I pickup, you bought a red one So it's to present the car 2 MR STEPHENSON AS a rule, the height of the 2 tn its most true and natural light color that we can 3 light that we use on the dealership is at 24 feet above 3 MS GOURDIE ';1o your hail nets, are they 4 the ground surface That seems to be en opUmmn height 4 going to be white or are they going to be colored because 5 for light distribution so that you get a fairly even and5 then, agmn, that question is presented that you're not -- 6 consistent lllmmnatton and you don't end up w~th hot 6 because of the colmng down color, it changes the color of 7 spots and shadows end hot spots, winch seem to be 7 the car, which I've notrced on many people's lots, they 8 distracting probably more than the light itself If we 8 have the blue ones and the cars all look blue 9 brought the light down lower, then it would take, 9 Ma STEPHENSON mght 10 obwously take more poles w, th less wattsg~ of light perI0 MS OOURDIE SO are you going to have white9 11 pole to accomplish the same amount of l~atmg on the car 11 MR STEPHENSON l'm recommending to Mr 12 Now, since we're talking about hghtlng, we've 12 McNatt that they be a white or oertmnly a very off-white 13 got somewhat of a umque situation end it's the same 13 color instead of a red or blue or something hke that 14 situation James Wood ts going to have with the hail nets14 Now, that decision has not been made final with him 15 That's certainly not a requirement of their msurenoe 15 MS COUP, DIE Okay I'm just -- the argument 16 company but when they start to consider the premiums, it16 there, it's just one of those perplexing -- 17 really does become a requirament Wlththesehaflnets, 17 MR STEPHEN$ON Iunderstand Butyou're 18 we have to approach the lighting differently m that we 18 absolutely right, if we put a white light under a blue 19 can't use a pole so all the hghtmg that we're going to 19 hail net, we're going to he selling blue ears 20 have under these nets wdl be contained under the net 20 MS COURDIE Thellk yOU for your time 21 Now, youmayget a httleb,t of flhumnat~on off the top 21 MR MCNEILL commissioner R.tshel 22 of the net but it'snotgo, ng to be that brtght glow that22 MR RFiHEL Aswe look at the schematm 23 you're tlunktng about Now, tf you're out there buying a 23 that's presented to us at this pomt m time end the 24 car and you're walking between the cars under these nets, 24 public, I guess I'm seeing a misrepresentation of what the 25 you'll probably have some light m your eyes But if 25 lighting situation would be on the schematic Is that THB PLAIqNINO AlqD ZONING COMMISS~r'''' ~ ' *,filCH 14, 2001 Page 153 - Page 156 29 CondenseItTM Page 157 Page 159 I correct or not? approximately where that billboard would be? Can you just 2 MR aTEPHItNSON what are you Iook~ng at 2 draw it m there? 3 specifically? 3 MR STBI't-IEI~SO~ That would bo out in this 4 MR RISHEL I'm looking at thc screen right 4 general ama right h~ce 5 here 5 MR R[SHEL okay Couldyoujustkandof 6 MR STEPHENSON This drawing7 6 draw n m thcr~ for me? Is it a single pole7 7 Ma RISHEL yeah 7 MR MCNEILL It'S B~ll Ut~' Ford 9 represented any lighting on that drawing That's a 9 area It's probably a little further to thc right than l0 daytime view We'll have some parameter pole lighting in 10 what I've got but I'm out of paper 11 the back and down both side~ for security reasons But 11 ~na RISHEL And will you OWn thc rights to 12 tl~ bulk of thc lighting that wa're tallang about, the 12 that billboard when it's - or is it anybody can advertise 13 displaying lighting wll be underneath thc nets 13 on that? 14 MR ~$HEL okay So there will be no pole 14 MR STEPHENSON Anybody can advcrhsc on ~t 15 hghtmg in this picture that I'm seeing here? 15 McNatt does not own that billboard 17 anticipating any 17 advertisement, they could do that? 18 MIL RISHEL oh, 8real Okay 18 Ma ST£PHENSON ! assume hc could, yes 20 clarify that Wc do nccd some down the two.sid~ for 20 different location in oar community now Is there a 21 sectmty piuposc~ 21 typical figure? I know one of the reasons w~ have 22 MR RtaHaL Could you point on the pmtarc 22 hghtmg and generally thc lighting that wc sca in a lot 23 where that would be? What a side is and maybe where they 23 of locations is fairly bright for all through thc night 24 nught eves be and how far they mIght stack up 24 and that seems hkc a ramble waste of energy to mc but 25 MR$'m~'H~SON okay We'dprobablyhavca 25 I'msurcthere'sasecuntyreasen As you look at Just Page 158 Page 160 I few pole hghts starting at 35 and cottons down this -- I 1 general theft on auto lots, is that -~ I mean, I know 2 call tt the south side, generally the south side And 2 that's something that they're -- we continue to read about :3 then wrapping around the back, coming back up the north 3 in the paper How many cars do you typically lose tn a 4 side We have two cntrencas into the site One coming m 4 year on a typical auto lot'~ 5 the south side and one on thc north side 5 MR STEPHEN~ON Gosh, I don't know How many 6 MR RISHi!L still both on 35? 6 cars do you lose a year, Curtis? 7 MR STEPHENSON Yes 7 MR BROUGHTON Janl~S Wood's facility right up 8 MR RISHEL Rlght Okay 8 the street year before last lost 230 ears m one year 9 MR, STEPHENSON And so for security reasons 9 MR MCNEILL would you come down and introduce 10 we'd need a few lights to -- more or less, tughway-type 10 yourself? 11 hghtmg or roadway lighting more than display lighting 11 Ma el~OUG~tXO~ curtis Broughton 12 This wen*t be -- they'll be the same type of hghts, same 12 MR MC~St~ And give us your address 13 color of lights, but the intensity that you're thmlang 13 MR BROUGHTON 4:~S Moran, Highland Village 14 about for display won't be there It will just ha to 14 Curtm Broughton, B-R-O-U-G-H-T-O-N, at 438 Moran in 15 light the roadway or driveway 15 Highland Village 16 MR RISHEL I'm more concamed about how we 16 MR RISHEL I'm just shocked I had no idea 17 represent ourselves to the pubhc And what we see as a 17 ! knew it was an unbelievable number 18 visual as something that we're going to put forth and how 18 MR BROUGHTON Just in Our company's last 19 accurate that is And so I know that th~s is a conceptual 19 year, probably 40 cars in the past year 20 plan but hghtmg is obwously important to our community 20 MI~ ~,ISH[~ And you have on-site security~ 21 se I'm a httle curious why we dido*t include that, other 21 MR BROUGHTON We have a full-tune security 22 than it kind of clutters up the visual 22 service now It's one concern we had about putting the 23 So my next question would be when it comes to 23 fence across the back of the property because that is 24 -- there was the comment that there was a billboard that 24 vacant land, floodplain belund the dealership 7he south 25 currentlyex~stsonttusstte Would you show me 25 comer wdl be raised up Wc'llhave, ofcourse, a THE PLANNING AND ZONING COMMIS~'~ ' LARCH 14, 2001 Page 157 - Page 160 30 CondenseltTM Page 161 Page 163 I security ~ence across that back and wc'll probably use I vandalism and kids crawling through back there and 2 some sort of razor wire or some sort of security dev, ce 2 stealing radios and stuff out of cars 3 We thd have a concern about growing thc vrnas across the 3 MR RISHEL And Is theft that occurs, it is 4 back 4 both daytu'ae theft when you're open, as well as after 5 MR RISHEL Yeah ls that a plus for you or 5 hours? 6 a minus for you7 6 MR BROUGHTON It's always at night 7 MR BROUGHTON l'm sorry7 7 MR RIgHEL All after hours Okay 8 MR RISHEL IS that a plus for you or a minus 8 MR BROUGHTON The other night we got hit 9 for you to be able to see through there? 9 there at our Lewlsvflle location and we've got a rather 10 MR BROUGHTON For security, it's going to l0 large apartment complex behind us and they've got -- 43 11 present a problem 11 cars they got radios out of 12 MR RISHEL BeCause you Want to see through 12 MR RISHEL Okay 13 the fence, is that right? 13 MR BROUGHTON And they're 16, 17 year old, 14 MR BROUGHTON I'm sorry9 14 and 14 year old kids 15 MR RI~HEL YOU want to be able to see 15 MR RISHEL AS we -- and I don't know whether 16 through the fence, is that right? i 6 my question Is for you, Mr Broughton, or for Mr 17 MR BROUGHTON Yeah But since that's vacant 17 Stephenson, but my next question was as you look at the 18 land back there, it really doesn't make any difference 18 trees that you were trying to save in this site, and I 19 because it's going to be very difficult to get a car 19 presume in the process of trying to save them, we're 20 through that floodplain Those kids comt. ug in and 20 trying to leave them in place as opposed to digging them 21 vandalism is the biggest problem more then car theft 21 and moving them and replanting them, would it bother you 22 MR RISHBL Rlght 22 if we were to -- because they're post oak and I know and 23 MR BROUOHTON One time year before last we 23 the experts that I've spoken with regarthng post oak, 24 had 160 some ears destroyed m one night 24 three years is probably not near adequate to look at 25 MR RISHEL vandalism? 25 recovery and replacement on those things And they look Page 162 Page 164 I MR BROUGHTON The kids got into them and I more sometimes to five or slx years Would that bother 2 started playing demolition derby on the lot 2 you ~f we had a five year statement on that? I mean 3 MR RISHEL That I get to pay for Passes on 3 obwously, you want to put sometl~ng :n there and you want 4 to me as a consumer 4 to have semethlng Would five years bo somotlung that you 5 MR BROUGHTON uh-huh All the msurence 5 would feel comfortable w~th? 6 compamcs, we all do 6 MR BROUOHTON I don't think that would be 7 MR RISHEL It's a concern of our's, too, is 7 MR STEPHENSON The only concern I would have 8 my point 8 on semethmg hke that ~s -- several of these post oaks 9 MR. BROUGHTON And that's one concern because 9 are, they can be a problem, is that five years, we 10 this particular area, the Huffines dealership down the 10 wouldn't have a problem unless, you know, you came back i1 street has had a rash of problems AndIdon'tkoow, lt's 11 and smd you'va got to put an equal s~ze tr~ m that samc 12 just passed in Connth and they're actually coming very 12 slot whch there's just no way we could do that 13 close now to having to put a security fence across the 13 MR RISHEL I don't think we're h'ymg to do 14 back of that property And it's mostly vandehsm we're 14 that We'rejusttrymgtohavesomegrecnoutthere 15 concerned about 15 Somewhere for the b~rds to nest 16 MR RISHEL Yeah Do most of the cars go out 16 MR STEPHENSON We're as interested lB 17 of the back door or do they go out of the front door? 17 keeping the trees ahve as you are We've gone to a lot 18 MR BROUOHTON BOth I've seen them go both 18 of trouble through the staff's help and recommeedanon 19 ways ] 9 MR RISHEL And weJust bet you're not going 20 MR RISHEL SBre 20 to park any cars under there anyway 21 MR BROUGHTON, That pamcular piece, this 21 MR S'fEPHENSON We're interested In keeping 22 site here, ~I don't think we're going to have the problem 22 the trees alive 23 wlth theft through the hack of the faeflity beeause lt's 23 MR PasrieL okay Iappreclateyour 24 going to be five or slx feet drop rote that floodplain I 24 frankness Thank you 25 don't flunk -- our concern isn't so much the~ as it is 25 MR MCNEILL Addmonal questions? Do you THE PLANNINg3 AND ZONING COMMISSION MARCH 14, 2001 31 CondenseltTM Page 165 Page 167 I have addmonal comanents? I MS GOURDIE Thank you 2 MR STEPHEN~ON Let me address one mom 2 MR MCNEILL Additional comments9 Do I hear 3 thing You were talking about the lights staying on all 3 a motion then'~ 4 night and, as a general rule of practice, we set these 4 MR RISHEL I'd hke to make a motion 5 lights, seeunty lights up so that the thsplay l~hts stay 5 MR MCNEILL All right 6 on until some given time, 9 00, 10 00, 11 00 o'clock, 6 MR RISHEL I'd luke to move to recommend the 7 whatever seems to be appropriate And then about 25 to 30 7 approval of se 0t 00t with the following conditions that 8 percent of the lights v~ll mmam on all night The mst 8 lighting on the property shall be designed and maintained 9 of them go out And it's just an econonuo thing You 9 so as not to shine on or otherwise disturb adjoining 10 just den't need to bum lights, that many lights all night 10 property or shine and project upward to prevent diffusion 11 and spend that land of money l I rote the night sky, an lmgated landscape strip at least 12 MR RISHEL SO lS that typically on a photo 12 three foot wide m width shall be provided along the top 13 cell or is that on a tuner? 13 of the mtammg walls along the southwest boundaries of 14 MR STEPHEN$ON It's set up through the 14 the property Th~s strip shall be planted with vines 15 panels and the sw~tehes, but it's controlled through photo 15 capable of growing up and along the mar fence Public 16 cells and tune clocks 16 address speakers shall be oriented as to not -- as to face 17 MR, RISHEL I see Thank you 17 towards the south and the southwest or the west, and a 18 MR MCNEILL I made -- I'm a consulting 18 temporary sales building be removed from the site within 19 engineer I used to make qmte a bit of money designing 19 90 days of a certification of occupancy being issued for 20 those systems to turn the hghts on and off because it is 20 the main sales and service buildings 21 an economic thing You don't want to pay -- that's a high 21 MR MCNEILL DO you want to add those other 22 energy bill, as Commissioner Pashel said, If you leave 22 conditions? 23 those on all night 23 MR RISHEL If someone would hke to propose 24 Okay Adthttonal comments, questions from 24 that, I would accept it as a friendly motion 25 anybody? All nght Thank you very much Is there 25 MS GOURDIE Okay I'll add that, number Page 166 Page 168 I anyone else in the audience that would like to speak to I five, submit a hghtmg plan for staff review Six, 2 flus Agenda item? Anyone else who would luke to speak to 2 monitor oaks dunng construction and recovery period of 3 the Agenda item9 Hearing none, I will close the public 3 five years And, seven, replacement of trees of 4 heanng and ask staff if they have any closing comments 4 approximately three inch caliper of dead trees 5 MR GRAY staff has no comments other than to 5 Do I need to second it? 6 recommend approval vath the condmons as listed in your 6 MR MCNE1LL YOU can't second your own 7 backup And if you so desire, we would also suggest two 7 motion I'm sorry 8 additional conditions One, momtor the oak trees during 8 MS GOURDIE well, it's a continuation of 9 the construction activity and during the recovery period 9 his 10 which can be three years or five years or whatever you 10 MR RISHEL I don't know if we got a motion, 11 feel is appropriate And, two, as oak trees decline, 11 did we? I mean, we didn't have a second, did we') 12 plentreplacementtmesmlslandswhemtreesare 12 MR MCNEILL NO Sbe'saddmg, areyou 13 removed With the understanding, of course, that if a 13 accepting those to your motion? 14 36-tach oak tree dies, they don't have to replace it with 14 MR RISHEL I would accept those as a moUon 15 another 36-tach tree, that they'll replace it with a -- I 15 MR MCNEILL okay We have a motion on the i6 would dunk a sapling of at least three inches m diameter 16 floor Do we have a second? 17 and expect it to grow from them 17 MS HOLT second 18 MR RISHEL AS long as there's sort of 18 MR MCNEILL It'S been seconded Is there 19 maturity at 20 years or canopy cover 19 any discussion? Vote on the board, please Motion passes 20 MR GRAY Right Id'h-huh 20 5-0 21 MR MCNEILL Very good Any questions9 21 MR RISHEL Mr Chamman, I would like -- I 22 Comnussioner Gourthe 22 don't want to go rehash the issue but I would luke to be 23 MS GOURDIE And submit a lighting plan for 23 sensitive of their concerns of the vming Even though I 24 staff mmew7 24 made the proposal on the rear fence, if they have another 25 MR ORAY we can also do that, yes 25 thing, I'd like for staff to look at that even though it's THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 32 CondenseItTM Page 169 Page 171 I part of my proposal If we need to work with that, I I Ma Sm'DeS [ need to conuuent on that You 2 flunk we as a Commission would like to make sure that it 2 e call a pubhe meeting and allow, 3 works for everyone 3 g a formal pubhe haanng 4 MR MCNEILL Yeah, I think that's an 4 ~ process o 5 excellent Idea because I'm not -- there may be other 5 forth have a formal pubhc heanng, 6 alternatives to that and to work with them as to what's 6 7 most appropriate considenng theLr coneems about 7 8 security, as well as dastre for the aesthetics 8 9 MR RISHEL It means I have to pay for it 9 we would 10 MR GRAY Paght And Nons will bo happy to 10 have advemse It for. advance do 11 work with the applicant t 1 12 MR REICHHART Wecan work vath them before 12 MR Sm'DER well remember It's 15 13 they get to City Council They'll get the minutes and 13 days, ~sn't it? Ten days 14 know that was a con(em and maybe we'll have a i4 another 15 recommendation by then 15 we wanted to 16 MR MCNEILL Okay Very good Thank you 16 have, r Holt :s because I know 17 I've had a lot was going olteml4 SoI 18 on- andx say what w~ hke to, well, that to our -- well, we have a 19 20 need to We re, all 20 : a comment pahhcly 21 Agenda for the MR SNYDER ~efom you make a daemon o~ 22 MR And for the 'd hke a chance to research that and look into ~t 23 do was make sum that we're not going to have to 24 remind send out another written net~c~ I don't ttnnk we would, 25 MCNEILL $o ¢ but let me have an opportunity to look at that from a Page MR REICHHART NO We MR MCNEILL The Dn'ector has no reports d talk about ~t on Tuesday ? future Agenda items that anybody Ma MCNEILL 4 Commissioner Gourdte P: 4 day ~ the next meeting 5 OOURDIE of 5 we'd have to do ~t m April 6 6 okay Well, 7 MR YOU'Ve got 7 had a quest~ol 8 MS oh, we got it Actually, 8 h sir 9 I'm thmkang r meetings -. 9 MR MCNEILL 1Wlth I0 MR md It also came 10 it? 11 over the interact 11 MR RISHEL Yes, a w~th that 12 MS OOURDIE But 12 MR MCNEtLL okay before we leave 13 for our meetings, subcommittee 13 th~s :tam, let me hold I think 14 meetings, we'll reeelve of that at all? I'm 14 I don't know about tho 15 Just asking Okay 15 lflre to they 16 MR for those 16 opportumty to I here and 17 MR okay to 17 express their o And, 18 us Okay 18 you know, ~ they should have n that 19 MS I was 19 ~s the c~t~zens Commission and re 20 needed f public meeting 20 there's enough of them out there that 21 fimsh ~ I think it's a chance for thc pubhc to eom 22 RISHEL Or It flmshe~ us off their op~mon if they thdn't get that chance 23 MS HOLT OrlO of the tWO Well, JUSt one And I would concur with Comnussmnor Holt that 24 , basically : at that 25 MR MCNEILL On the D~valopment Coda MR SNYDER And we have b~n looking at that THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 ' 33 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 87- 084 TO PROVIDE FOR A DETAILED PLAN / PROJECT PLAN FOR 15 02 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTHEAST SIDE OF INTERSTATE 35E APPROXIMATELY 3000 FEET NORTHWEST OF ITS INTERSECTION WITH POST OAK ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0001) WHEREAS, on May 5, 1987, by Ordinance 87-084, the City Councd approved an amended Concept Plan for 43 4 acres of land located within the Planned Development 12 (PD- 12) zomng dmtnet, and WHEREAS, on March 2, 2000, the C~ty Council adopted Ordinance No 2000-069 wbach established certmn nonremdentml ~ntenm regulaUons (the "Nonremdentml Interim RegulaUons"), and WHEREAS, the Nonremdentml Interim Regulations established, among other tlungs, a project plan reqmrement, and WHEREAS, on January 16, 2001, The A1 McNatt Family Partnersbap, Ltd, submitted a Detmled Plan / ProJect Plan for 15 02 acres of land located w~tlun PD-12 w~th the ~ntent to develop an automobile dealerstup, and WHEREAS, on March 14, 2001, the Planmng and Zomng Commmslon recommended approval of a Detmled Plan / ProJect Plan for such 15 02 acres, and WHEREAS, the C~ty Cotmml finds that the Detmled Plan / ProJect Plan ~s conmstent w~th the approved amended Concept Plan for PD-12 and meets the reqmrements of the Nonremdentml Interim RegulaUons, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance No 87-084 providing for the approval of an amended Concept Plan for the Planned Development Zonmg D~stnct ClasmficaUon and Use Designation for the property dascnbed as PD-12 m amended by approwng the Detmled Plan / ProJect Plan attached hereto and incorporated herein by reference as Exhibit B for acres located w~tl~n PD- 12, more partmularly described by the legal descnpUon attached hereto and mcorporated herren by reference as Exhibit A, subject to the following cond~Uons 1 Lighting on the property shall be demgned and mamtmned so as not to shine on or otherwme dmturb adjoining property or to sh~ne and project upward to prevent 34 d~ffuslon into the night sky A hghtlng plan shall be submitted by the apphcant for review by City staff to ensure compliance with this condition 2 An lmgated landscaping strip at least three (3) feet in width shall be provided along the top of the retaining wall along the southwestern boundary of the property This strip shall be planted with vines capable of growing up along the rear fence 3 Public address speakers shall be oriented so as not to face towards the south, southwest or west 4 The temporary sales bmldmg will be removed from the site within 90 days of a Certificate of Occupancy being issued for the main sales and service bmldmg 5 The emstang Oak trees intended to be preserved by the apphcant shall be momtored dunng construction actlmty and dunng a five-year recovery period 6 If the health of any of the emstmg Oak trees should dechne dunng construction or the recovery period, the apphcant shall plant replacement trees in the islands where the Oak trees are removed m accordance w~th the Landscape Ordanance SECTION 2 That the provisions of thls ordinance as they apply to the 15 02 acres shown m the Detmled Plan/ProJect Plan herem approved, shall govern and control over any conflicting provisions of Ordinance No 87-084, but all the provisions of Ordinance No 87-084, as they apply to that remalmng porhon of the district not herein amended, shall continue in force and effect and shall apply to the remainder of smd district SECTION 3 That a copy of thas ordinance shall be attached to Ordmance No 87-084 showing the amendment herein approved SECTION 4 That any person violating any provmlon of this ordinance shall, upon convlct~on, be fined a sum not exceeding $2,000 00 Each day that a promslon of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of 1ts passage, and the City Secretary is hereby dlrected to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED fins the day of ,2001 EULINE BROCK, MAYOR 35 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 36 EXHIBIT A ALL that certain lot, tract, or parcel of land situated in the GIDEON WALKER SURVEY, ABSTP. ACT NUMBER 1330, Denton County, Texas, and being 15 0037 acre froot described in Deed from Alan L Mcnatt to The N McNatt Family Partnership, Ltd a= recorded In County C, iark'a File Number 96-R0004~554 or the Real Property Records of Wise County. Texas, and being more particularly described as follows, BE~31NNING at a capped Iron rod found In the South line of Interstate Highway 35 Access Road for the most Northeasterly comer of the tmet Doing described ilereln and the most Southeasterly comer of Lot 4R, Block A, o1 MCNATT ADDITION, an eddltron to the City of Denton, Denton County, Texas, according to the PJat thereof ~ecorded m Cabinet 0, Page 207, Plat Records or Denton County, Texas, THENCE South 47 degrees 07 minutes 00 seconds East with the South rlght..~f-way ~f said Access Road a distance of g36 28 feet to a 1/2" Iron rod found loc the most SotJtheaeteriy corner of the tract being described herein, THENCE South 42 degrees 54 minutes 00 seconds West a distance of 698 42 feet to a 1/2" capped Iron rod set for the most Southwesterly corner of the ~'act bein~ described herein, THENCE North 47 degrees 0g mlnufea .~4 seconds West a dis~anee of 93S 68 feet to · 1/2' capped Iron rod eel for the most Northwesterly comer of the tmc~ being desorlbed heroln and the most Southwesterly comAr of ~ld MeNRff Add,boa, THENCE North 42 degrees 51 minutes 02 seconds East with the most Southerly line of said McNett Addition a distance of 699 21 feet to the POINT OF BEGINhlNG and enclosing 15 02 acres of mae more or less 37 EXHIBIT B AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 DEPARTMENT Planning Department ~r/ CM/DCM/ACM. David Hdl, 349-8314~ ~ SUBJECT - CA-00-002 (Teasley Commons Comprehensive Plan AmendmenO Hold a pubhe heanng and consider adoptton of an ordmance approving a Comprehensive Plan Amendment, from a Netghborhood Center to a Community Mtxed Use Center, for a 13 16 acre site located at the southwest comer of Teasley Lane and Ryan Road in the Ctty of Denton, Denton County, Texas A commumty retad center ts proposed The Planmng and Zomng Commission recommends dental (3-2) BACKGROUND The property is currently located within a Netghborhood Centers land use area of The Denton Plan (see Attachment 1) The apphcant has requested a Comprehenstve Plan Amendment for thts property from a Neighborhood Center land use area to a Commumty Mixed Use land use area The applicant is proposing to construct a commumty shopping center anchored by a grocery store at this site Such a development would not be compatible wtthln a Netghborhood Center, but would be compatible within a Community Mixed-Use Center )~ The subject property ts located m the Planned Development 93 (PD-93) zoning district The approved Concept Plan for thts portton of PD-93 permtts the constmctton of apartments on 10 acres and general rettul on 4 acres ~' Sixty-three (63) property owners were notified of the comprehensive plan amendment request Eleven (11) responses have been received, three (3) are m favor, one (1) is neutral and seven (7) are opposed to the amendment The land area wtthm 200 feet m opposltton to the amendment calculates to be 3 35% (see Attachment 1) ~' This ease was ortglnally continued from the January 24, 2001 meettng of the Planmng and Zoning Commission pending Cotmcd discussion of potential locattons for Community Mtxed Use Centers along Teasley Lane (see Attachment 1) OPTIONS 1 Approve as submitted 2 Approve wtth condlttons 3 Deny 4 Postpone conslderatton 5 Table Itam RECOMMENDATION The Planmng and Zomng Commission recommends dental (3-2) of this comprehensive plan amendment ESTIMATED PROJECT SCHEDULE The apphcant has submitted a Zomng Plan for this site under separate petition (see case ZP-00- 0017) B6fore development of this property could occur, a ProJect Plan would also need to be submlttedl for review and approval by Council This property has not been final platted and would need to be platted prior to development PRIOR ACTION/REVIEW The followmg ~s a chronology of CA-00-002, commonly known as Teasley Commons Comprehensive Plan Amendment Application Date - December 8, 2000 DRC Date- December 21, 2000 P&Z Date(s) - January 24, 2001 February 28, 2001 March 14, 2001 FISCAL INFORMATION Development of flus property will increase the assessed value of the city, county, and school district ATTACHMENTS 1 Planning and Zoning Commission Report, March 14, 2001, CA-00-002 2 Planning and Zomng Commission minutes from January 24, 2001, February 28, 2001, and March 14, 2001 3 Drafl Ordinance Respectfully submitted Douglas Powell, AICP Director of Planning and Development Prepared by Thomas B Gray ~' Planner I A'~'~C I'~.[q ~' ! Agenda No -..~,,~;~ , ~t,~~l Agenda Itarn~ / / PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO' P~G ~ ZO~G CO~SSIO~ FROM. THOMAS B G~Y, P~I S~IECT ~ASLEY COLONS CO~NSlVE PL~ ~E~MENT (CA-0¢002) DATE M~CH 14, 2001 CC This case was continued from the January 24, 2001 meeting of the Planning and Zoning Commission, pending City Council &scussion regarding potentiallocations for Commumty M_axed Use Centers along the Teasley Lane corridor. Caty Counc, lheld some chscussaon regarding this issue at their February 27, 2001 worksession The conclusions reached at this worksession are hsted m the memorandum from the Assistant City Manager under Attachment 2 We are also providing a copy of the Commumty Activity Center Impact study that was written by the city's traffic consultant and provided to Council at their February 27th Staffs overwhelming concern regarding this development is the traffic impact it will have on the Teasley Lane corridor A complete and clear understanding of traffic issues such as trip generation, access, and the range and effect of required improvements such as paving and signahzauon is necessary before staff can make any recommendauon regarding taus development The apphcant has submitted a traffic impact analysis (TIA) for thas development However, the apphcant's TI& was submitted prior to the publication of the Communi~ Activity Center Impact Study by the city's traffic consultant Staff beheves it is important that the applicant acknowledge the recommendations and address the concerns of the Commumty Activity Center Impact Study as at relates to the proposed development and revise their traffic impact analysis as necessary While staff is aware of the apphcant's desire to move forward m the comprehensive plan amendment and zoning process, staff cannot make a recommendation regarding this development without a full understanding of the effect of this development on the Teasley Lane traffic situation Therefore, staff recommends that this pubhc hearing be continued to give the apphcant time to respond to the Community Activaty Center Impact study As of March 8, 2001, staff has received two (2) responses m favor of the proposed zoning plan and seven (7) responses an opposauon to the proposed zoning plan Staff has computed the area in opposition to be 3 75% Attachments: 1 Commumty Acuvaty Center Impact Study - Teasley Lane Corridor 2 Memorandum fromAssistant CltyMan~ger toPlanning and Zoning Commission datedFebruary28, 2001 3 Planning and Zoning Comrmss~on staff report from the January 24, 2001 meeting City of Denton~ p!*nn,,~$ and Development - 1 - 221 N Elm, ,I~enton, Texa~ 76201 www ~tyo[de~ton eom (940) 349 8350 f~ (940) 349 3 ATTACI~IENT lA ,, COMMUNITY ACTIVITY CENTER IMPACT STUDY TEASLEY LANE CORRIDOR PURPOSE OF STUDY The purpose of this study ~s to quantify the traffic impact resulting from the construcbon of two 10 acre CommunltyActivJty Centers as described in the previously completed Teasley Lane Corndor Study The Impact on Teasley Lane has been quantified in terms of traffic ., volumes.and,levels of service for two time periods the year 2004 (wh~le Teasley Lane is sMI a two-lane roadway), and the year 2016 (build out conditions when Teasley Lane is expected to be a six-lane divided roadway) COMMUNITY ACTIVITY CENTERS ' '~ In the Teasley Lane Corndor Study two 10 acre Act~vity Centers were assumed to be included m the study area Two Centers were selected because it was assumed that two would be needed to provide an adequate level of retail services to thts area The assumed general location of the Centers in that study has been shown on Figure 1 This area was selected because of its central Iocabon within the study area and because thru Ioceflon was assumed to be able to attract retail customers from the entire study area Construction on the Commumty Activity Centers was assumed to beg~n in 2004 w~th their full ~mpact shown in the 2006 traffic projections McMA'I'H MS HOBSON RYAN I / ROBINSON " t MS ..... l~< ~, ~{< AREA SCHOOLS HS/ES ~ FUTURE STREETS ACTIVITY CENTER LOCATIONS ACTrV1TY CENTER STUDY DENTON, TEXAS " TEASLEY (FM2181) FIGURE 1 TRIP GENERATION Estimated vehicle trip ends to and from the study area were calculated uflhzing trip generation rates and characteristics collected and complied by the Insbtute of Transportation Engineers (ITE). Table 1 has been prepared to summanze the associated trip generation data and the calculated daily trips that are anticipated to be generated by the two Acbvity Centers Table 1 Trip Generation Data (~qu~m f~O",' ~ ' , (per ~,0~ Table 1 ~ndlcates that a total of 9,348 tnps w311 be generated during the average weekday by the two '10 acre activity centers To mere accurately apply this mformabon we need to account for the 20 acres of single family homes that are displaced by the Acbvlty Centers The 20 acres are equivalent to approximately 60 homes which would gene'rate apprax~mately 574 trips per day. This yields a net increase ~n traffic volumes to be distributed to the corridor's street system of 8,774 trips per day I 6 PROJECTED TRAFFIC VOLUMES The 8,774 daily trips wore distributed to and from the study area based on the general locations of, the Activity Centers with respect to the nearby streets and roadways, the existing traffic patterns, and the locations of existing retail and commercial areas Figures 2 and 3 have been developed to d~pict the resulting projected traffic volumes for the two study years 2004 and 2016 These figures were originally prepared for the Teasley Lane Corridor Study Their original projected volumes have been modified and adjusted to show two conditions projected volumes without the Activity Centers al3d ,. projected volumes with the Activity Centers These mod~flcabons and adjustments are described as follows Figure 2 The ong~nal proJections in the Teasley Lane Corridor Study for the year 2004 did not include the impact from the two Acbvity Centers because of the assumption that they would not be fully in place until 2006 As a result, the 2004 projected volumes had to be.adJusted to add the traffic from the two Centers F~gure 3 The original projections in the Teasley Lane Corridor Study for the year 2016 included the impact from the two Activity Centers For comparison purposes we removed the Activity Center traffic so that an evaluation could be made of the 2016 projected volumes, both With and without Act~wty Center traffic J 7 2"1,650 14o200 11,650 19o050 14,200 HOBSON 2,300 9,300 9,300 15,700 2.300 15,200 17,700 ~,ooo 1,000 6,100 - 10--'~0; 5,750 RYAN 6,350 ROBINSON 11o95(~ .o5o -- c. EcK .~oo ~ 1MTHOUT ACTi~TY ~ ~ CEN~RS - , _ , 6,100 ' ~0,200 ~ ~ AC~ CEN~RS YEAR 2004 PROJECTIONS ACTIVITY CENTER STUDY 11,5oo DENTON, TEXAS ll,gO0 TEASLEY (1~J2181) 8 ~1,350 21,go0 24,500 HOBSON ~7,2oo 17,200 .29,100 11,500 28,600 12,100 12,100 20,700  18,100 RYAN 18,7O0 ~ ROBINSON 8,000 32,1 O0 21,400 31,350 7,000 LEGEND ~2,650 ~ ~THOUT AGTI~q-TY - ~',-(,,~REEK , I CENTERS . 20,700 24,800 L--~I'H ACTIVITY CEHTERS YEAR 2016 PROJECTIONS ACTIVITY CENTER STUDY L DENTON, TEXAS TEASLEY (FM2181) 9 LEVELS OF SERVICE Table 2 has been developed to present the operational service level of the key streets m the Teastey Lane Corridor area based on the city's capital improvement strategy The table summarizes each street/roadway segment ~th its projected cross secbon based on the city's current capital improvements construction .eshmates for the year 2004 and the year 2016 Table 2 also Includes the "level of service" associated with each street during each year (wth and wthout the impact of the Community Acbvlty Centers) Levels of service begin with ",~" which suggests hght, free flowing traffic with neghg~ble interrupbons and proceed to "F" which suggests heavy, nearly stopped trafficw]th many interruptions Typlcally the demreble levels of servme are "A" through "D" w~th "E" and "F" being undemrable Some of the levels of service also include a minus (-) mgn or a plus (+) sign to help indicate the magnitude of each designation For instance a "D+" would indicate i~ I'~gh level of"D" that is closely approachi.ng the level "E" It should be noted that the levels of service presented ~n this report reflect the traffic condlbons that are projected to occur during the peak periods of operahon on each street and road These peak periods will typmally last for one to two hours during the morning and evening commuter time periods The servme levels during the non-peak periods are expected to occur at acceptable levels Of specific concern are three segments of Teasley that are shown to operate at a service level of "F" during 2004 both with and ~thout the traffic from the Acbvlty Centers The changes m the levels of service "F" caused by adding ~n traffic from the Actlwty Centers for these three segments m described below L~lhan Miller to Robinson The "F" significantly decreases w~th the add~bon of the Acbwty Centers The traffic volumes themselves decrease by 27% Robinson to H~ckory Creek The change in the "Fa is a minimal decrease w3th the addition of the Activity Centers The traffic volumes themselves d,~ecrease' by 6% Hickory Creek to C~ty Limit The change m the "Fa is a minimal Increase v~th the addit~on of the Actiwty Centers The traffic volumes themselves increase by 3% According to the capital ~mprovement strategy, these "F"'s will disappear in 2006 ~th the construction of Teasley Lane as a slx-lane facility TABLE 2 LEVEL OF SERVICE AND LANE REQUIREMENTS BASED ON CAPITAL IMPROVEMENT STRATEGY ',, ", ,, , I LIIhan Miller 4D 4D 4D SD SD IH 3,5 - Teasley Teesley 4D 4D 4D 6D 8D IH 35 - Londonden7 "A" "E~" Teasley 4D 4D 4D 6D 6D Londonderry- Hobson Teasley 4D 4D 4D 6D '63' Hobson - Llllian Miller "A Teasley 2U 2U 2U 6D 6D Llllian Miller- Robinson Teasley 2U 2U 2U 6D 6D Robinson - Hickory Creek Teasley 2U 2U 2U 6D 6D Hickory Creek - City Limit Hobson 2U 2U 2U 4U 4U Country Club - Teasley "B" "D-' "D-' "E" "E" Wind Rr~er 4U 4U 4U 4U 4U Teasley - IH 35 Ryan 2U . 2U 2U 6D 6D Country Club - Teasley Robinson 2U 2U 2U 4D 4D Teasley - Harvard Hickory Creek' 2U 4D 4D 4D 4D- C~ty Limit - Taasley FM 2499 ...... 4D 4D IH 35 - FM 2181 Hickory Creek: ..... 4U 4U Teasley - FM 2499 "A' "A' State School Connector' - 2U 2U 4U 4U Ranchman - State School I 11 NEW ACTIVITY CENTER SCENARIO This secbon, of our report has been prepared to address a possible new scenario with regard to the location of the two Community Activity Centers The current focus of potential developers ~s along Teasley Lane rather than along Ryan or Hickory Creek as was assumed in the Teasley Lane Corridor Study As a result, we have prepared Figure 4 which reflects a new general location fo,, the Centers - one more focused along Teasley Lane Table 3 has been prepared to summar,ze the changes m the levels of servme due to th~s "relocation" of the Act~wty Centers By relocating the Acbvity Centers along Teasley Lane rather than along Ryan and Hickory Creek the levels of service are shown to worsen on Teasley and Improve on Ryan and Hickory Creek Those servica levels that changed have been shaded in Table 3 and are described below Teasley. Robinson - H~ckory Creek In 2016 the serv~ca level ~th the Centers it worsens from an "E" to an "F". Ryan: Country Club - Teastey. In 2004 the service level with the Centers improves from an "E--" to an "A". Ryan: Country Club - Teasley . In 2016 the service level wth the Centers improves from a "B" to an "A" Hickory Creek. City L~m~t - Teasley In 2016 the service level wth the Centers ~mproves from an "E+" to an "E-" The Thoroughfare Plan shows H~ckory Creek as a six-lane facility wh~le our capital ~mprovement strategy assumed a four-lane fac~hty It would seem prudent to eventually ~mplement the Thoroughfare Plan's strategy for Hmkory Creek rather than maintain the capital Improvement strategy of four lanes ).2 It should be noted that a Commumty Activity Center location is proposed for the area of Hobson, Fort Worth Drive, and Country Club Road This location would have an impact on the projected volumes shown in both Figures 2 and 3 These impacts are described below Hobson .. The projected volumes would change only shghtly bemuse most motorists who would travel east to reach a Center on Teasley would simply trave! west to a Center thus maintaining approximately the same service levels Ryan . The projected volumes would change slightly wth motorists on the western port,on of Ryan choosing to uflhze the Center at Hobson, Fort Worth Drive .. -and Country Club Drive rather than on Teasley Teasley. The secbon of Teasley between L~lhan M~ller and Ryan would probably expenence a moderate improvement ~n reducing projected traffic volumes Motorists on Hobson and on Teasley west of LiIllan Miller that might travel so.ut.h~on Teasley to reach a Center would choose rather to travel west along Hobson } 13 McMATH ~. HOBSON c[~ ~.~:..:~,.....................~¥; RYAN ~ , ROBINSON ACTIVITY CENTER LOCATIONS ~ I ACUITY CENTER STUDY DENTON, TEXAS t ~A~LEY (FM2181) TABLE 3 LEVEL OF SERVICE AND lANE REQUIREMENTS BASED ON CAPITAL IMPROVEMENT STRATEGY :::,: ,,,, t~,.~l~ '.:d ' : IH 35- Lond0nde~ 4D 4D ~. II o~ I eD II ii Teasley 4D 4D 4D Teasley 4D 4D 4D Hobson - LIIIlan Miller 2u 2u ~ II e~. I 6D II Llllian Miller,- Robinson II T~.~y. 2u 2u ~u II ~D ~11 H~cko~ Creek - C~ LlmR 2u 2u 2u II ~ I 4u I/ count~ Olub - To~lo~ 4u 4u Wlnd River 'W 'A' 'A' II "A' I 'A'I Teasley - IH 35 Count~ Club - Teasley ¢, '' ~ :;~1l " i ~ ............. -: Robinson 2U 2U 2U 4D Teasloy - Ha~affi "A" "A" 'A* "C' Hmko~ Cree~ 2U 4D 4D 4D "A" "A" 'A" "E~ City Limit - Teasley ~FM 2499 - - - 4D IH 35 - FM 2181 "A" Hmko~ Cree~ .... 4U Teasley - FM 2499 State School Conne~or - 2U 2U 4U Ranchman - ~ate School I- CLOSING The implementation of the two 10 acre Community Activity Centers as shown In Figure 1 will produce two impacts that apply to both year 2004 cond,bons as well as year 2016 conditions Traffic volumes on the secbons of Teasley Lane and L~lhan M~ller that serv~-t~he commercial areas near IH 35 will decrease because a port,on of the commercial tnps on those streets can now be satmfied bv the Acbv~ty Centers Conversely, the trafficvolumes on the secbons of Teasley Lane, Ryan, and Hickory Creek that w~ll serve the Acbv~ty Centers will increase because a porhon of the commemlal trips that were desbned to the commercml areas near IH 35 can now be satmfied by the Acbwty Centers A refocumng of the location of the Centers along Teasley Lane as shown in F~gure 4 rather than along Ryan and Hmkory Creek will cause the levels of service to worsen on Teasley and ~mprove on Ryan and H~ckory Creek In clomng we offer the follomng obs;rvat~ons It may be earner to address the Corndor's infrastructure needs w~th the ~mplementabon of the Acbwty Centers rather than without The reasomng m that the opportunltms for ~mprowng the exmbng streets and roads are more hm~ted the closer that the ~mprovement m to iH 35 Conversely, they are more posmble the further the improvement m from IH 35 The Acbwty Centers will draw motonsts away from the IH 35 commercial areas thus ~mprowng the levels of servme and posmbly reducing the level of infrastructure needs In the short term the ~mplementahon of Achv~ty Centers m the Teasley Lane Corndorwould seem to have an overall beneficml traffic ~mpact to the street system There w~ll be Iocabons of poor service levels, but by the year 2006 these should all dmappear In the long term (around the year 2016) the poor servme levels are shown to begin reappearing again. We shou!d,p,oint out that all traffic projecbons are guesses a.nd estimates and that traffic projecbons over t~me and the corresponding confid.e[~R9' ~n them are on d~verg~ng patterns We feel confident m recommending that the C~ty take acbon on our findIngs for projecbons through the penod of 2006 to 2008 Acbons beyond that t~me period should be based on a mon~tomng program that annually rewews the results of study's projecbons and recommendations against actual conditions ~m 16 215 E McKmney Street Denton, Texas 76201 (940) 349-8307 FAX (940) 349-8596 OFFICE OF THE CITY MANAGER MEMORANDUM DATE: February 28, 2001 TO: Planning & Zoning Comrmssloners FROM: Dave I-hll, Assistant City Manager-Development Services SUBJECT: Teasley Lane Community Activity Centers City Council held a work session on February 27, 2001, and discussed the issue of amending the Denton Plan to allow for two Commmnty Activity Centers wlttun the Teasley Lane Comdor Council requested the work session follov~ng demal of a developer's proposal to site a Community Activity Center on the west side of Teasley Lane near the intersection of Hickory Creek Road Traffic unpact was the maj or issue of concern A traffic study was conducted to deterrmne whether Teasley Lane could withstand fermi-oriented trip generation prior to expansion from a 2-lane Farm-to-Market road to a 6-lane divided arterial Engineering plans, specffications, and estimates (PS&E's) for expansion of Teasley from Lflhan Miller to Hickory Creek Road are currently underway A target date for construction is 2005-6, although funding has been only partially secured The study will be provided and scheduled for Planning & Zoning Commlsslon review in the near future The conclusions reached by City Council last night were as follows 1 Although two Commumty Activity Centers are being considered for the Teasley Lane Comdor, only one such Center should be permitted until the road becomes a 6-lane artenal 2 If a Conunum~ Activity Center is to be considered, only servme-onented retail uses should be penmtted, and a proposed zomng classffieatlon should reflect flus objective in determining the proper des~gnation under the draft code 3 If a Commumty Activity Center is to be considered on Teasley Lane, the impact on the segment from Wind Paver Drive to Ryan Road should be mtmmized, smee flus segment operates at the lowest Level of Service wlthm the comdor The Activity Center, therefore, should be located closer to the Hickory Creek Road intersection rather than at 17 Ryan or Robinson Roads A factor mvolved an flus determination Is the mapendmg amprovemant o£ HtekoPy Creek Road from Teasley to the Fletcher Branch Creek from 2 to 4 ~lanes using erastmg c~ty and county capital project funds ($2 3 malhon), whale Ryan Road is not yet programmed for any maprovements 4 Should a developer propose a Commumty Aetawty Center on Teasley ~n the future, specffic mformat~on regarding traffic ampacts, antersection maprovements, and sac access should be carefully rewewed to mmntmn optimal traffic flows on Teasley Staff consl~ered handing out the traffic study to the ConunlSS~oners tomght, but felt that you would be better served ffyou had the t~me to rewew the ~nfonnat~on m advance of work session d~scussl3n We are aware that you have a proposal to create a Community Activity Center on Teasley Laue as an ~tem on tomght's agenda, and staff recommends contlnmng this ~tem to a date certmn, allowing tune for P&Z work session rewew of the traffic study If you have any questaons or comments, please contact me 18 ATTACHMENT 3 ~ , PLANNING AND ZONING COMMISSIOI Agendaltem-- ~' - - - STAFF REPORT Sublect Compmhenmve Plan Amendment for Case Number, -GA-00-002 Teasley Commons ~taff Thomas B Gray, Planner I Agenda Date Janua~ 24, 2001 I Hold a public heanng and consider making a recommendation to the C~ty Counml concermng a Comprehensive Plan Amendment, from a Neighborhood Center future land use district to a Commumty M~xed Use future land use dmtnct, for 13 76 acres located at the southwest corner of Teasley Road and Ryan Road A commumty shopping center m proposed LOCATION MAP Locahon Southeast corner of Teasley Lane and H~ckory Creek Road S~ze. 13 76 acres Applicant Jones & Carter, Inc Owner The Archer Co 12000 Ford road, Suite '180 2112 W Spring Creek Pkwy, Dallas, Texas 75234 State 200 Piano, Texas 75023 The 13 76 acre subject property ~s currently located with~n a Neighborhood Centers land use area of The Denton Plan (see Enclosure 3) The applicant is requesting a Comprehensive Plan Amendment for th~s property from a Neighborhood Center land use dlstnct to a Community M~xed Use land use dlstnct (See Enclosures 1 and 2) The apphcant ~s proposing to construct a commumty shopping center anchored by a grocery store at the s~te Such a development would not be compabble within a Neighborhood Center, but would be compabble within a Commumty Mixed-Use Center 1 Transportation A Trip generation The proposed development could generate approximately 6,112 trips per day ~f budt out w~th retad uses (see Table 1) For comparative purposes, this property would generate approximately 525 tnps per day if built out w~th single famdy res~denhal at four un,ts per acre and 392 tnps per day ~f budt out with single family resldenbal at three units per acre, both of which would be permitted under the ex~st~ng Neighborhood Centers future land use Pnor to development, a Traffic Impact Analys~s wlll~ be reqmred The Traffic Impact Analys~s wdl more accurately determine the impact of th~s development on traffic flow as well as identify the reqmred road ~mprovements necessary to m~t~gate negabve ~mpacts of the proposed development Table I Proposed Land Use Trip Generation Land Use Average Trip Average Density I Acres Estimated Lots Total Trip Generation* I or ScI Ft Generation General Retail 41 trips/1,000sq ft 10,834sq fi/ac 1376 149,076sq fi/ac 6,112tr~ps/day Single-Family 9 55 tnps/du/day 4 0 du/ac 13 76 55 lots 525 tr~ps/day (SE-7) Single-Family 9 55 tnps/du/day 3 0 du/ac 13 76 41 lots 392 trips/day (SE-10) Calculations provided by the Institute of Transportation Engineers, 1991 B Access The site wdl have access onto Teasley Lane and Ryan Road C Road Capacity Teasley Lane ~s ~dentlfied as a primary major arterial road by the 1998 Denton Mobility Plan Th~s road is designed to be 6 lane d~vlded street w~thout parking, providing 6 lanes of through traffic As 2o such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 tnps per day Teasley Lane ~s currently constructed with 2 lanes w~thout parking, providing a tolerable traffic flow of 9,100 tr~p$ per day. A traffic count on Teasley Road between Ryan Road and Robinson Road conducted ~n 1999 ~ndicated a volume of 7,294 vehmles per day Teasley Lane ~s currently close to capacity, however, Teasley Lane ~s scheduled to be w~dened w~thm the next 10 years Once Teasley ~s w~dened, there should be adequate capacity to support the proposed development Ryan Road Is ~dent~fied as a secondary major artenal road by the 1998 Denton Mob~hty Plan Th~s road ~s designed to be a four (4) lane d~wded street w~thout parking, providing four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 19,100 trips,per day Ryan ~s currently constructed with two (2) lanes w~thout parking, prowd~ng a tolerable traffic flow of 9,100 tnps per day A traffic count on Ryan Road west of Teasley conducted m 1999 indicated a volume of 3,564 vehicles per day Th~s development could put Ryan Road at capacity, however, once Ryan Is widened, there should be adequate capacity to support the proposed development It ~s ~mportant to consider the Impact of this development on the entire Teasley/LiIhan Miller Corridor Staff ~s of the opln~on that a shopping center that ~ncludes a grocery store, located m the general area of the project site, will help alleviate overall traffic congesbon by prowdmg goods and services that can now only be found m the i-35 area D Connectiwty S~dewalks along all pubhc streets are reqmred for pedestnan access Accessible routes to the entrances of all buildings are required by Texas Access~b~hty Standards (TAS) 2 Utilities This site has access to ex~sbng water and sanitary sewer hnes Additional water and sewer lines are proposed Additional ut~hbes, such as sohd waste, electnclty, natural gas, and telecommumcaflon, can be readily expanded to the s~te 3 Drainage New development w~ll be required to design and construct a drainage system to c~ty standards A prehm~nary drainage study w~ll be required w~th the submission of a prehm~nary plat The study must include calculabons of the 100-year storm for all drainage areas on th~s property and any area that drains towards th~s property The developer must md~cate the method by which the run- off will be carried across the property or stored on the property 4 Signs Slgnage would be determined per future ProJect Plan/Detailed Plan for this s~te 5 Off-Street Parking New development must provide parking according to the Zoning Ordinance and Building Codes The total number of parking spaces required is determined by the land uses ~n the building and the square footages of each use The number of parking spaces will be determined on a future ProJect Plan, when specific square footages of each land use are provided r 21 6 Landscaping Th~s property w~ll have to comply w~th the Landscape Code, which requires 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) 7 Open Space and Recreational Areas Nonresidential development ~s not required to participate ~n the parkland ded~cabon process 8, L~ghtmg Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb surrounding res~denbal property orto shine and project upward to prevent the diffusion ~nto the n~ght sky 9 Environmental Quality impacts A potential ~mpact associated with the proposed development ~s no~se The delivery of goods as well as the t~me goods are dehvered could negabvely ~mpact the ex~sbng s~ngle family neighborhood surrounding the property This s~te ts not located w~th~n an Enwronmentally Sensitive Area April 2~ 1985 - The subject property was placed ~n the Planned Development 93 (PD-93) zomng district and land use designation The approved Concept Plan for this port,on of PD-93 permitted the construcbon of apartments on 10 acres and general retail on 4 acres The subJect property ~s not platted and would need to be platted prior to any development A Zoning Plan has been submitted for rewew and approval under separate pet~bon Notice of the Comprehensive Plan Amendment request was pubhshed ~n the Denton Record- Chronicle on January 13, 2001 Sixty-three (63) property owners within two hundred feet (200') were mailed legal notices, and ninety-nme (99) residents within five hundred feet (500') were sent courtesy notices reforming them of the request (see Enclosure 4) As of this writing, there has b. een one (1) response in favor of the zoning request and two (2) responses in opposition (see Enclosure 5) The applicant has indicated that they have held neighborhood meebngs regarding this project Staff was not present at ant of those meebngs At a recent pubhc hearing related to the requested comprehensive plan amendment at the southeast corner of Teasley Lane and H~ckory Creek, C~ty Council requested that a work session be scheduled to receive ~nformat~on on potential locations for Commumty M~xed Use Centers, which could accommodate a grocery store, along the Teasley Lane corndor Because th~s d~scuss~on would have a d~rect effect on th~s case, staff recommends that th~s ~tem be continued until such bme that a work 22 session is held I I move to continue CA-O0-O01 to the next regularly-scheduled meeting of the Planmng and Zoning Commission 1 Recommend approvalas submitted 2 Recommend approval w~th conditions 3 Recommend den~al 4 Postpone consideration 5 Table ~tem 1 Comprehensive Plan Amendment Request 2 Future Land Use Plan 3 Zomng Map 4 200'-500' Notification Map 5 Property Owner Response d \CAD\HUNT\Denton\comprehensive( ENCLOSURE 1~ 22 20 200~ ! 24 · ENCLOSURE 2 PROPOSED AMENDMENT TO TH ~: DENTON COMPREHENSIVE PLAN FOR THE~TEASLEY COMMONS PROJECT (Teasley Lane and Ryan Road) JUSTIFICATION STATEMENT The proposed project Includes the construction of a neighborhood grocery store and adjacent fermi as~s including such tenants as a video store, hair salon, dry cleaners, small restaurants, ate Pad sitelusas are proposed to include automobile fuel facilities, restaurant (with drive thru), and a nelghborhoed bank as examples This type of facthty Is necded to serve the south Denton area as the city continues to grow Currently the nearest grocery anchored retail centers are located along 1-35E to the north of the high growth areas Grocerylretaders find that a major interstate is a oons,derable physical bamer to the market area cfa store, thus the grocery store north of 1-35E is not believed to be serving a major portion of the soath Denton area The one grecery anchored center located at the southeast curner of 1-35E and Lfllian Miller Parkway is provld,ng the maJority of the ne,ghborhood shopping opportun,t, as to the south Denton residents Based on growth projections for the south Denton area between 1- 35E and Fort Worth Drive (US 377), the Teasley Lane Corridor m the ideal area for nelghborhcod shopping fur the currant and future residents of the area The project site is located along the heart ofth, s corridor The project site is located at the current limit of the developed portion of Denton and will be centrally lcoated upon further build out of the area A portion of the site Is currently zoned for neighborhood commercial and has been planned as such for several years The primary deviation of thru proJeCt from the commercial development originally planned (as indicated by the zoning) is the prey|sion cfa grocery store and restaurant with a drive thru COMPATIBILITY The ardlitecture of this center will complement and enhance the overall quality of the Teasley corndor by using 75% masonry construction with stone accents placed In a well landscaped site The center is proposed to be screened from the adjacent residential development by an 8-fuot masonry, wall with adjacent landscaping, and all rear lighting will be directional to avoid glare on the neighbors. We propose to limit delivery hours to mitigate noise affects, working In conjunction with the screen wall and landscaping to reduce noise propagation Customer traffic will be buffered from adjacent residents by the proposed buildings and the pad use nearest the homes is proposed to be a bank or similar facility with limited customer hours WATER The proposed development is bounded on the east by Teasley Lane (F M 21 $1), on the :north by Ryan Road and on the south and west by I-hckory Creek Heights Currently, Teasle¥ Lane contains,one eighteen-inch (18") waterline, which City offimals have Indicated will provide sufficient capecity and pressure for the stte REVISION - P & D O/PROII~CI'S/HUICrffEAS.Rlrr. DOC JONES & CARTER, INC SANITARY SEWER Sanitary sewer service will be obtained through on existing eight-tach line that runs along the northern edge of Ryan Road City officials, and calculations indicate that the existing sanitary sewer system has adequate capacity to accommodate the proposed development STORM SEWER There is a significant amount of off site drainage which traverses this site All off site flow will be accommodated in the design nfthe on site storm sewer system Also, prehmmary calculahons mdicate that the existing downstream storm sewer system may be inadequate to hadle the ex, sting flow, much less the proposed developed flow The storm sewer outfall will be upgraded accordingly to handle both the existing off site and proposed on site 100-year flow FRANCHISE UTELITIES ~lectrw The proposed development currently lies within the service area of two electrical sarvl¢c providers (a) Denton Municipal Eleotric and (b) TXU Electric and Gas Existing overhead electric lmas are present along the northern edge of Ryan Road In conjunction with the pla~tmg and development of this property, Denton Municipal Electric will require the dedication of two electrical distribution easements Along the eastern property line, a twenty-foot (20') easement will be dedicated Along the northern property hne, aneight-fcot(8')easementwdlbededlcated Due to the abundance of electrical distribution facilities in this area, the proposed development will be provided with adequate electrical service In conversations with the local service provider, TXU Electric and Gas, It was indicated that gas service would be extended to this site upon the developer's request Telecommunications The proposed development is bounded on the north by GTE telecommunications infrastructure These facilities are located along the south of Ryan Road After some discussion with a service representative, it IS clear that GTE will provide adequate telecommunications service ZONING The property is currently zoned as a planned development with proposed commercial and multi= family residential use The proposed zoning is commercial Commercial zoning will allowfor mixed use, which will comphment certain goals outlined in the Denton Plan, such as reduced sprawling by in/ill of vacant land adjacent t~> developed land, balance between commercial and residential land use, provision of convenient shopping for goods and services to multiple neighbothoods, and provision of high quality, high demand services in a needed area LAND USE In accordance with development codes and to conform with the adjacent neighborhood, all structures within the proposed development will have elevations composed ora minimum of 75% masonry Elevation views are provided for a visual perspective Structures will be situated to maximize visibility from the streets and minimize unpleasant views from adjacent properties Lighting will be directional to reduce glare onto adjacent homes All relevant architectural codes wdl be followed, and neighborhood concurrence with architectural design wdl be established prior to construction 0./?RO,,~CTS/HUNTtrfiAS.RPT.DOC, JONES & CARTER, INC 26. VARIANCE REQUESTS Two variances will be requested for development of this site A variance to permit a 55,000 square foot anchor tenant (current maximum is 55,000 sO will bo proposed A variance for use of drive-thru faclhtles for pad s~ta restaurants wall also be requested ENVIRONMENTAL REPORT Based on a Phase I Bnwronmental A~sessmant (report prowded), there are no envn'onmentally sensitive issues regarding this slte There Is one largo bye oak tree which will be saved and utilized as a ¥~sual focal point Remaining willows and underbrush which have developed around dramago,ways ~nll bo cleared CONNECTIVITXt REPORT Access to tho site will be obtained from one primary entrance and one secondary entrance off`of Ryan Road and two primary entrances and one secondary entrance off` of Teasley Lane The secondary entrances will be used primarily for dehvery of goods and will bo Inmted to time of use A traffic ~mpact analys~s indicating proposed traffic counts at the entrances is prowded ENCLOSURE 3 ~ NORTH ZP-00-017 (Teasley Commons) Center COMPREHENSIVE PLAN MAP Agenda Date, January 24, 2000 Scale None 28 ENCLOSURE 4 ~ NORTH CA-00-002 {Teasley Commons) SITE 200'-500' NOTICE MAP 200' Legal Notices sent via Certified Ma~l 6._~3 500' Courtesy Notices sent wa 1~ Class Ma~l 9_~9 Number of responses to 200' Legal Not~ce · Opposed 2 ·In Favor 1 · Neutral _Q Percent of land w~thln 200' ~n oppos~bon <20% Agenda Date' January 24, 2001 Scale None 29 ENCLOSURE 5 NOTICE OF PUBLIC HEARING CA-00-002 The Planmng and Zoning Commmslon of the City of Denton will hold a pubhc hearing on Wednesday, January 24, 2001, to consider recommending approval to C~ty Council a Comprehenswe Plan Amendment, from a Neighborhood Center to a Community M~xed Use Center (see map on backmde), for a 13 76 acre site located at the southwest corner of Teasley Lane and Ryan Road In the C~ty of Denton, Denton County, Texas A communlty shopping center m proposed The pubhc hearing will start at 5 30 p m m the City Councd Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin 200 feet of the subject property, the Planning and Zoning Comrnlsmon would like to hear how you feel about this zoning change request and ~nv/tes you to attend the public hearing Please, ~n order for your oplmon to be taken into account, return th~s form with your comments prior to the date of the public heanng (This in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mad ~t to the address below, or drop ~t off In-person Planning and Development Department 22i N. Elm St Denton, Texas 76201 Attn' Thomas B. Gray, Planner I The zoning process includes two public heanngs designed to provide opportunities for citizen involvement and comment Pnor to the public hearings, landowners w~thin 200 feet of the subJect property are notified of the zomng request by way of thls nobce The first pubhc heanng is held before the Planning and: Zoning Comm~ssion The Commission support and in opposition Second, the zoning petRion Is forwarded to the City Council for final action prowdtng the Commission recommends approval Should the Commlsmon recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~th]n 200 feet of the site submit written oppombon, then s~x out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition. ~ ~ Please circle one' F In favor of request j Neutralto request Opposed to request Ma,hng Address' ~'M~5"7~_ 6~ ~/~ L~"(C~ C,ty. State Zip _.~-~'~..~ ,,r. zT~ ~ ~'~ '~ Telephone Number ¢~' ~L¢) "~C/ Physical Address of Property w~thm 200 feet CITY OF DENTON, TEXAS CITY HALLWES'I' * DENTON, TEXAS 76201 · 9403498350 · (F)g40 3497707 CA 00-002 200 Not~ce '" 30 ~ NOT'rCE OF PUBL]:C HEAR]::N CA-00-002 The Planning and Zoning Comm~sslon of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, January 24, 2001, to consider recommending approval to C~ty Councd a Comprehensive Plan Amendment, from a Neighborhood Center to a Community M~xed Use Center (see map on backside), for a 13 76 acre site located at the southwest corner of Teasley Lane and Ryan Road In the C~ty of Denton, Denton County, Texas A community shopping center ~s proposed The pubhc hearing wdl start at 5 30 p m In the Qty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property wlthln 200 feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public heanng Please, ~n order for your op~mon to be taken into account, return thls form with your comments prior to the date of the pubhc hearing (This ~n no way prohibits you from attendlng and participating in the public heanng ) You may fax it to the number located at the bottom, mail it to the address below, or drop It off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn' Thomas B, Gray, Planner I , The zoning process Includes two pubhc hearings designed to provide opportunities for cit~zen involvement and comment Pnor to the pubhc heanngs, landowners w~thln 200 feet of the subject property are notified of the zoning request by way of this not~ce The first public hearing is held before the Planning and Zoning Comm~sslon The Commission is ~nformed of the percent of responses ~n support and In opposition Second, the zoning pebbon is forwarded to the City Council for final acbon providing the Commlsslon recommends approval Should the Commission recommend denial, the pebt~oner may then appeal the request to the CIty Council If owners of more than 20% of the land area w~th~n 200 feet of the site submit wntten opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one Op~'~ in favor of request Neutral to request Comments Printed Name ./_'-~'f~ H. ?.J ,4-!I'~ MalhngAddress 2qlZ_ C~J,L!'~t,J,"CT'~ ,~'~ City, State Z~p De Telephone Number Physt~l Address of Prope~ w~thin 200 feet CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 840 349 8350 o (F) 940 3_49 7707 CA-O0-O02 200 Nof~ce .,~ I __ No'rT.¢E OF PUBL]:¢ HEAR:ENG CA-00-002 The Planning a~d Zoning Commission of the C~ty of Denton w~ll hold a public hearing on Wednesday, January 24, 2001, to conalder recommel'ldlng approval to City Councd a Comprehensive Plan Amendment, from a Neighborhood Center to a Communrty Mrxed Use Center (see map on backside) for a 13 76 acre site located at the southwest corner of Teasley Lane and Ryan Road In the City Denton, Denton County, Texas A community shopplng center Is proposed Tl~e public hea~'mg will star[ at 5 30 p m In the C~ty Council Chambers of Oty Hall located at 215 E McKInney Street, Denton. Texas. Because you own properly wr~hin 200 feet of the subject properly, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and mwtes you Itc e~tend the public heanng Please. m order for your opinion to be taken into account return th~s form v~th your comments pflor to the date of Ihs public hearing (This In no way prohxbfls yoll fio/~l attending andpartlc~pa~mg in the public heanng ) You may fax It to the number located et the bottom, mad ,t tO the address below, or drop ~t off m-person Plannlng and Development Department " 221 N. Elm St Denton, Texas 76"201 Afln: Thomas B, Gray, Planner I The zoning process Includes two public hearings designed to prowde opportunities for citizen Involvement and comment Pr]or to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of this notice The first public hearing Is held before the Planning arid Zoning Commission The Commission is Informed of the percent o1' responses In support and tn apposition Second, the zoning petition Is forwarded to the C~ty Councd for final action providing the C<~mmlsslon recommends approval Should the Commission recommend denial, the pet~tloner may then appeal the request to the City Councd If owners of more than 20% of the land area within 200 feet ef the site submit wntlen oppos~on, then slx out of seven votes of the City Councd are required to app~'ove the zoning change These forms are used to calculate the percentage of landowner opposition Pleas e circle °ne' O~'~Op____._p~o...~s_ep ~os re~uest..~ In favor ef request Neutral to request d to Comments; "- - -- Signature Telephone Number.- _ Phys, Addres, of.ropa w thln"[) ATTACHPiENT 2 Page ] 0'7 I ~ I excuse me.. City Council has requested a work session to '2 Tho n~xt item on our A~nda - our next item 2 dtscus~ tbla And unul w~ hear back from City Councd or 3 on tho Agenda is to hold a pubhc hesrtag and consldex 3 get dm:chore from City Councd regarding where ~fany 4 making a ~commendatloo to the City Council conc~rolng a 4 they would like tins Community Mixed Uso C~nter to go we 5 Comprehensive Plan amendment and th~ aren is at th~ corunr 5 would tectwnmend that th~s n~m ha opened and continued I 6 ofTeaslayLuneandRyanRoad And I beh~ve that Mr 6 do have a letter from tha appheant Ieanpassth~s 7 Co'ay has tl~ staff i~purt 7 around The apphcant cuncurs that they would hk¢ lo 8 MILCIRA¥ yes Thunkyouundguod~venm8 8 wanandse~whatC~tyCoun¢llsnggestsbefur~n~owngon 9 If w~ nan ~t th~s map up This s~t~ ~s lonated at tl~ 9 vnth flus case and I'll go ahead and pass th~s around 10 southwest homer of Ryan and Teasley In font, ~t m~ght 10 M~. MCN't~ILL commiss~uners, you heard a 11 look famthar to you because not too long ago, w~ had a I I ~ecommendanon Do you have questions for staff or 12 detailed plan rngarding some apartments on this site 12 comments before we open the pubhc hearing? Do I hear - 13 That detailed plan, of nourse, has gone away and now the 13 oh, Commissioner W~lhams 14 apphcant has come in with a request to put a shoppmg 14 sm. xx n. LtAMS I Ye asked on several occasions 15 center there, a shopping center that would be anchored by 15 that '~ me~-t x~ath C~ty Council Any detailed plan that 16 a grocery store 16 comes befca'e me, I'm going to vote ngamst It And If the 17 Of oourse, the n~t Comprehensive Plan 17 City Council wants to b~ the Planmng & Zoning Commission 18 designation for th~s prepay ts that of a Neighborhood 18 I'm going to ~ otc ngamst and let tham ma~ke the decisions 19 Center which m our Compreshens~ve Plun would eot pernut a 19 becaus~ I ck~n t tl~nk that I waste my time to come here to 20 large retail space suoh as a grocexy store I think 20 hear these thtng~ and tl~n to be overruled and to say that 21 th~y'r~ proposing sometlunff like a 60,000 squar~ foot 21 v~ ar~ going m the -- and tho eat~ooale is said because 22 grocery stor~ which would not be tn comphunc~ with our 22 we need to let the Comprehensive Plan stay a hula bn 23 Comprel~ens~ve Plan Th~for~, in ordes to submit a 23 longer haca~ls¢ -- al least that's what I read m tl~ 24 zoning plan on the property, that first ne~l to nhan~ the 24 paper So as far as I'm concerned, we nan bnng ~t up and 25 Compreh~nswe Plan so that otherwise w~ would not be able 25 have today because I'm going to vote against ovea'y one Page 106 Page 108 I to r~ommend approval So tlas ts the fa'st step ts to I that comes up tmttl C~ty Couuntl dea~des to meet and let 2 nhange tho Comprehensive Plan to allow a n~ghburhood or 2 me know where they'r~ coming from so ! can make a dea~s~on 3 rather a Commumty Mixed Use Center on tbas property And 3 based upon the facts that they have 4 so that's what th~ applicant ~s r~questmg 4 t,m. t,l~'eru~ okay Very good Other 5 How~wr, afta' hawng some discussion with the 5 comments conceras? Okay Thank you So I guess to - 6 apphcunt, I guess to g~ve you a halo history that 6 for procedural I need to ask ~f thor's anyone m the 7 you're probably awa~ of, you might reanomber a f~w wesks 7 audience - ! Il open the pubhc hesnng and ask ff 8 ago v~ had a Compmh~as~on Plan amendment rq~u'ding som~ 8 th~m's anyoun m the audience who would hke to addiess 9 property fia'th~ to the ~outh of Tensl~ Ten$1oyand 9 tl~s~ssaeestherfororagalnst Sesmgnoooense, I 10 Hickory Cr~k had come before this Board, I believe the 10 w~ll ~ emertata a motion m v:sponse to staff's 11 Commission lx~ommended approval It v~nt to C~ty Council 11 xequest. Co~nunss~oner R~shal 12 and was darned In the wake of that oocurrence, th~ C~ty 12 t,m. msm:L i make the motion that we 13 Council has ri:quested a work session to disouSs why'e, ~f 13 nontml~ cA-oo-0o.~ untd our n~xt regularly scheduled 14 anywhese~ should II. re be a Commumty Maxed Use C~nter to 14 menang 15 support a gro~et~ stem son~wher~ along Teasl~y Ttm~ 15 M~ ~c~:-t.~x tt ~s my understanding that 16 has been some discussion back and forth about the 16 th~s item w~n't b~ scheduled for a C~ty Council work 17 necess~tyofunoth~rgrooerystomunT~asl~ Rlghtnow 17 sessloountflFebmury27th February 28th would be our 18 tl~ ooly grooexy fatalities ar~ up at Teasley or rather 18 first pubha laeanng then that there m~ght be some - 19 Ltlhan Mailer and 35 East Of course, th~'~'s also an 19 M~. msa~. or an appropriate dat~ 20 Albertson's down m Connth But in betwesn, th~'~ 20 M~. mactmngT action 21 ourmntly Isn't any grocery store and so ther~ have b~n 21 Ma. IUStmL. I~O yOU have a sugg~texl dat~? 22 thscussions as to whether or not ther~ needs to be one,, 22 MR. RE~CHHA~T ~cbruary 28th 23 what that would do as far as traffic ts conccrnesl, et 23 ~mS~L. ~=bruary28th HowabouttfI 2~ cetera 24 make thc morton that wc continue this pubhn hcanng of 25 So tl~ Planmng & Zorun8 Conumeston or rathes, 25 c.n-oo-oo~ uu~l Fcbroary thc 28th PLANNING AND ZONING COMIVIISSION JANUARY 24, 2001 33 CondonseItTM Page 109 Page 11 1 MR~C'N~ILL Do I h~ar a second? I Comprehensive Plan base things on a nc~borh~ scale a 2 MR RISHEL Thank you, ~ R~c~ 2 co~umW scale, and a ~onal scale And ~at's why xvt 3 MS HOLT ~ond 3 usc ~c ~ co~um~ shopping cent, but ~ w~ll rake 4 MR M~EILL It'S ~n made aBd s~nd~ 4 yo~ sub. hen und~ adws~cnt 5 Any discussion? Veto on ~ bo~d, pl~se Morton 5 MR RISHEL xhank you 6 ca~ 5-1 6 MR M~EILL BUt In ~c m~m C~c, as 7 (COMM[~IO~ WILL.MS VO~ ~ OPP~IT[ON) 7 ~]SSlOn~ R~shel Is saying, ~o~ am not definM a~ 8 ~ n~t 9 h~nng conc~mg ~ ~o~ndat~on for ~ s~o ~ 9 Comprehensive Plan to got yo~ definmons 10 butazomngplan ~dlbeh~o~ts~Fs~o~ts 10 MKO~Y ~l~t Wewouldbas~o~ 11 bmu~t by ~ ~ay 11 dofinmons on ~o Compmhens~w Plan 12 M~ O~Y This wo~d ~ ~ zoning plan for 12 MR M~E[LL ~flUSo th~ fl~ ~do, Of course 13 ~S pmp~ S~ apphcant Sam~ ~u~t ~d as for 13 it's not m ex~stenco so we can't us~ ~os~ 14 ~e ~mpm~nstw Plan ~en~ ~ wo~d ~o~end &at 14 M~ O~Y mght 15 ~s ~ contmu~ until such t~e as ~ ~ d~t~on 15 Ma M~mLL. okay V~ go~ Addmonal 16 from ~cll 16 co~ents, qu~tlons for s~fO ~nk you v~ much I 11 17 Ma M~mL V~ g~ ~y qu~aons for 17 open ~* pubhc h~nng ~en ~d ask ff ~'s anybody m 18 smf~ 18 19 MR mSHaL qU~tIon 19 It~ No 6 ~at's on o~ A~nda S~mg no mordent 20 ~ M~EiLL qu~t~on ~ssmn~ ~shd 20 I'll ask ~e Co~ss~on ~f ~ ~w additional d~scuss~on 21 ~ RISHEL is ~ a dofinmon to ~ wo~ 21 or a motion 22 "co~um~ shoppl~ ~n~"? 22 MR RISHEL MOtion 23 ~ O~Y I don't ~ow ff ~* ~ ~ a hard and 23 MR M~EILL CO~lSSlOn~ ~1 24 fast d~fimt~on but what 25 ~at c~ out of ~ ~ton ~mp~st~ Plan A 25 continue fl~s z~ 0~011 to ~o Fcb~ 28~ m~tmg of Page 110 Page 112 I co~um~ shopping c6n~ world ~ a shopping c~n~ ~at &~ Planmng & Zomng 2 world s~ a ~n~l co~um~ as oppo~ ~ a shopping 2 M~ M~IL~ ~ I have a s~ond? 3 ~ ~at would Just s~o a nel~bgh~ ~o 3 M~ MO~NO I'H s~ond 4 d:ff~co b~ a co~:W and a n~borho~ being on 4 MR M~EILL Motion :s mado and s~ond~ 5 ~o oM~ of a f~ -- ~, for ~pl~ a ~;cal s~1c0 5 Any discussion? Vo~ on ~c bo~, pl~sc Motion pass~ 6 a~ and pop~a~on, ~ls probably ~s 7 of a~, a n~borho~ c~ wo~d ~ uP ~ on6 sq~ 7 (COMM[~tO~ wmu~s VOT~O m O~OSmON ) 8 rode and about 5,000 p~pl~, w~s, a co~ ~x~ 9 use c~t~ ~ co~um~ shopping cen~ g~d 10 e~t sq~ ~1~ and 40,000 ~ple 11 ~ msa~L That's w~t I'm w~ about 12 I'm wom~ about 13 s~c~ o~ p~en~t~on to 14 ca~ It ~ cons~ction of a co~W s~ping cen~ 15 but w~ ~'t able ~ ~ke ~at ~t v~b~ and 16 ~anshg ~t onW d~tly what ~ n~ ~ ~n~ it ca~ 17 h~ So I ~s what I'd ~ W s~ ~s ~ ~ s~c~ 18 o~ definm0n of what 19 pubhc ~ I'd ~ ~ haw ~t ~ ab~ W gfl~t back 20 ~ ~acfly what 21 up and say, og ~, ~at so~ g~ ~ me- ~d soil 22 ~ could use ~mol~ 23 o~ h~ ~t 24 p~bably ~lp mo ~'w ~d from 25 ~ PLATO A~ ZO~O CO~SSION JAZZY 24, 2001 34 P R 0 C MR MCNEILL Seetag that we have a quorum, I yard So the~'s reasons to do thc ! of Denton Planning 3 wunt to be able to just pursue it a httle blt 4 for February the 28th, 2001 The first atom 4 5 6 ~ th~ 7th, 2001 6 undexstunc t you're saying then, that ~ that 7 7 8 nunutes 8 that either 9 second 9 l0 I seconded l0 amend the zcmmg 11 that we approve the ny &soasslun? I l Mi~ MCNEILL 'to 12 Vote on the board, 12 wac REICmr~RT ~uffer 13 (COMMISStONm~S ~ 13 20 foot back. 14 On the Consunt 14 Ma. MCt, IEILL IS there any 15 that we an objection, we 15 discussion9 16 will pull Item 2 ,'r lnthvldual 16 17 items At th~s 1 a motloa for 17 MS~ I Il so move 18 approval of 18 ~t's been 19 2 19 Is 20 so moved 20 there 21 It's bun moved 2I MS ~ot:r second MR MCNI]ILL And secouded that we a discussion? Any discusslun on this motion to Consent Agenda, Items 3 through 7 Any discussion on baslcan) fhp the buffers and the uuhty? Comnussloner the Consent Agenda7 Vote on the board, please Motion Rasbel MB. RISHEL I m JuSt Pand of thmlang out So at th~s point then we will consider ,~ 2 and being it was sometlnn d I behove tho staff has a ~port they'd I 3 I as it was 4 is is staff to make 5 MR REIGHHART If yo~J 6 ! tins prop~:~t) . thoro aec 6 c~aml' ' this on with the staff 7 buffer The 7 not have to have 8 oth~r is s f the 8 furtber m some form ! could support 9 zoning was and as the 9 it forth 10 condltnor M~C~'Em[. okay Vcrygoad 11 t was done as the applicant dlscusslun? All right l~t's vote on the ~oard, 12 was workang with 0 I3 , those two easements as you TI~ nent item on our Agenda Is Item 8 and 9, 14 sec on th ~ tho utdity eas~,umnt and 14 winch are hnked tog~cr, but these are a public hearing 15 then the 20-foot ~ zomng, that doesn't 15 and I behove Mr Orey has a report be'd hke to make 16 16 M~. O~V i m going to start by passing out a 17 So 17 memo to tbe Planmng & Zoning CowalllSslon from Ass~stunt 18 ' plat that we a 18 Glty Manager, Dave Hill, regarding th~s case 19 agrees,, )ne of t~vc the 19 MI~ REICHHART while he's doing that, I can 20 ; enscments a~ s r then 20 update tho Cemnusslon a htllo blt Last night at the 21 or that the condit!o 21 City Council work session, the lt~n of whom community condition is amended And 22 centers, xvhcn~ and if they should be located along Teasley a would I0 23 came faxvan:l And the suggestton by staff last night was that could bo saved to buffer along 24 that at tins rune until Teasloy g~ts approved, we should Crawford TI~ Utlhty l~'partment would 25 probably bc only looking at one community c~onter on THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 35 CondenseItTM Page 5 Page 7 Teasley and that ~t should be located as far south as I doesn't fit that 2 possible along Teasloy Nothing was approved or thoro was 2 MR REICHHART And how do you get this to 3 no clear da-oct:on from Council last mght as to what 3 work together is one of the issues that we're trying to 4 s~te, ff any, along Teasley should bo approved for a 4 resolve, too 5 commumty center And as outhned in the memo, staff ~s 5 MS GOURDIE Okay Thank you 6 snll recolarnendlng that we continue th~s untd such t~me 6 MR MCNEILL Is this the community activity 7 that that has been tmolved by C~ty Council I also know 7 center as defined tn the interim regs? 8 the appheam is hem and would hke to make a 8 MR REICHHART That would be per the 9 presentatmn. So those are the two ~tems 9 Comprehensive Plan 10 MR. URnY ! don't ttmak I have anything to 10 MR MCNEILL Per the Comprehensive Plan 11 add to that 11 Okay All right Okay Comamssloner Holt 12 M~ MCNEILL Coaarnssloners, do you have 12 MS HOLT would you please clarify what you 13 qucst~oas fc~ Mr Oray? So what we have then ]sa 13 said about them looking for -- about south 14 recommeodatmn from staff that we contmce th~s to a later 14 MR REICHHART currently on Teasley, we've 15 date unul we get some dm:ctmn from Council as to what 15 identified three sites that at least we've had interest in 16 -- how many activity centers we would have down Teasley 16 for at least a grocery store, if not more than a grocery 17 Am I summarizing that, what you're saying? 17 store One being the site that's identified on the map 18 Ma. aelCm~ax correct 18 now wluch is the next public heanng Is about, the comer 19 MR. ~,IC~ILL okay Commass~oner Oourd~o 19 of Ryan and Teasley A little bit farther south on that 20 MS. COUSIn ~ do have clanficaUou I've 20 at the comer of Robinson and Teasley ts approximately a 21 been thinking about ~s A commumty activity cen~er 21 ten-acre site that was zoned as part of the Wheeler Ridge 22 pernuts -- I guess what's ddfemnt ~s ~t's hke an e~ght 22 planned development that was approved last year And 23 square male re&us ~s what -- 23 they're loo~ng also at having a -- potentially having a 24 MR. REICHHART It draws from 24 grocery store and some other shops there And then the 25 MS. cotamm ~t draws from What was the 25 third site was the Forester tract that came before this Page 6' Page 8 I other condmon on that that was thffemnt from the 1 Commission a couple of months ago for the Comp Plan 2 ne:ghborhood center? 2 mnendment and then the zoning that was denied at City 3 MR. REICH~T I think the s~ze of the 3 Council But the idea right now is because all the 4 bmlthnss 4 traffic is located at Loop 288 and, you know, at the 5 MS. commie, okay All right Thank you 5 Kroger's and at the Red Lobster and all in that area, 6 And I'm just land of curious, ~f ~t draws from an e:ght 6 that's where the heavy congestion is because that's the 7 male square radms, 40,000 people I think was the use 7 only place anybody can go shopping 8 there or the people, that's half of Denton And I ~hd a 8 In order to alleviate traffic between there, 9 map and an esght male square radms ~s pretty much the 9 the farther south on Teasley you go with a community 10 whole city So rm perplexed as to why th~s is oven a 10 center that might have a grocery store, the more rehef 11 eonsaderat~oa ]n ~s part of town 11 you'll get from the traffic because people won't have to 12 ual. m~tCHI~RT I trunk we're also loolang at 12 be driving all the way to Loop 288 They can disburse 13 -- and those wem some quest~ons that were ralsed I 13 between the two a httle bit better And the trafflc 14 mean, jUst because you ~dentffy it as a community center, 14 analysis that we commissioned for that study indicated 15 how do you know you're 8crag to get what you need m that 15 that the fartber south it ts from Loop 288, the better 16 con-tmumty center So that's one of tho ]tents that staff 16 MS HOLT well, what was the problem with the 17 was asked m consider how do you know what you're gmng to 17 other site then? 18 get m there based on the new Code Tboother 18 MR REICHHART well, Ithmk--atleast 19 mformauom we've been doing some research also m that 19 staff believes that we didn't have that information at the 20 ~t appears that hke a grocery store, Kroger's and other 20 time, that specific traffic mforraatton, and I don't flunk 21 stores of that size, typically, want to draw from a 21 it's going to be -- I flunk that site taught be revisited 22 population of about 30,000 m a threo-nul© radms So I 22 MS HOLT We sent a 7-0 Vote to them We 23 th~nk wvgre lookang more at that type of draw In tins area 23 thought tt was a grand site And they voted it down the ought nule draw 24 Immexhately And now they're coming back and th~nktng 24 as opposed ~o 25 MS. coulmm And so our neighborhood center 25 flus nught be a good ldea'~ THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 36 CondonsoltTM Page 9 Page 1 ! MR REICHH~RT I think with more information I Council's mouth but I think that perhaps they weren't that 2 that they receive, it might be a good ~dea It might not 2 nmch against the Teasley I mean, the H~ekory Creek s~te 3 But, I mean, they're gctong more information through 3 as they were trying to determine what is the 10cst s~te ~n 4 these studies and reports 4 that comdor They might have token more of a global 5 (COMMISSIONER WILLIAMS IS NOW PRF. SENT) 5 approach as opposed to just looking at that site 6 MR MCNEILL COlmlllSsioner Wdhams 6 MR MC'NEILL Mr Powell 7 MR WILLIAMS Yeah ! guess my question la 7 MR POWELL And I'm not sure If I want to add 8 so we get different information than what the City Council 8 to this conversatien, but I d~d want to point out -- 9 gets Is that what you'rc seymg? 9 MnR[SNEL oon'tquotcanybody 10 MR REICHHART NO, sir 10 MR POWELL I was anticipating pussmg out 11 MR WiLLtAlviS That's what I thought I heard 11 that stody that Larry referred to that was given to 12 you say since they didn't have enough mfonuntion 12 Council last night Obviously, it's a new study We'll 13 Evidently, they had more information because as diverse as 13 get it right now and by the end of the meeting, we'll have 14 this body is, anything that goes from here 7 0 should be 14 it for you And that was part of our cenccm of tomght 15 looked at 15 if you went forward and wanted to hear this, that you're 16 MR REICHHART I think possibly the 16 going to be given a study w~th no time to reflect on it 17 m formation that City Council has more in lima was the 17 And, again, we'll 8o get it right now and we'll make sure 18 Teasley Lane corridor study that was recently done that 18 that you have it in a few moments 19 they wero mvolw;d wlth that showed the probleras on 19 Mit MCN~mL okay Mr Gray, doyouhave 20 Teasley Lane and that perhaps lraffic congestion and 20 addiuonal comments? 21 transportation tssues were more prommeat to City Council 21 MR OgnY I have no conuneats 22 and they thought there was going to bo problem where this 22 MR MCN~!ILL okay Any questions for Mr 23 body did not think that would be an issue 23 Gray? So Conuruss~eners, you've heard thc proposal What 24 Mr. WILLIAMS okay Because citizens I've 24 is your pleasure? 25 talked to haw; thought that, have vmccd to me as citizens 25 MR R[SHEL I think we have speakers, don't Page 10 Page 12 1 that City Council jumped th~ gun for whenever reason and I we7 2 then they realized, said whore arc these people going to 2 MR RE[CHHART The applicant is here 3 shop and they come book two days later and say we need to 3 MR MCNEILL SO t~ options arc to open the 4 look for a shopping place for the people And it seems 4 public heanng and centmue it or to just continue the 5 hke that wo have our roles reversed We make a 5 item until a later meeting Commissioner Apple 6 recommendation for shopping and that's part of our thing 6 MS A~PLE. s~nea thc petitioner has taken his 7 tu make a recommendation to thc City Council for planning 7 time to come here, I would llke to open thc pubhc heanng 8 lntheC~tyofDentun We makc that recommendat~en and 8 and allow hlm the opportunlty to speak lfhewouldhka 9 it s 7 0 At kast put it oa the table and look at it 9 to, and then I would recommend that we continue thc public 10 rather than just votmg it down I'mfimshed I'moff 10 heanng 11 my soap box 11 MR MCNEILL DO I hear any objeations to 12 MR MOl, mILl. okay Let mc ask a 12 that? All right I will then, having had a consensus, 13 clarification question here I thought that Teasley Lane 13 I'll open the public hearing The normal rules of our 14 study was done sometime ago Was that not done way last 14 public heanng will be in process or in force here At 15 fall last spring? 15 this time thee if thc apphcant or thc applicant's 16 MR SALMON The Teasley Lane study was denc 16 representative is hero, we would offer lum thc opportunity 17 lastyear The study that Mr Raichhartisrefernngto 17 tomakeapresentatlen 18 lsastudythatwccounmssiencdjustrecentlyfromthe 18 MR.S'rROHM Thaak you very much Mynamcis 19 same engineer that did the Teasley study and th~s 19 Thomas Strohm with Jones & Carter Consultiag Engineers, 20 additional study was a supplement to tho Teaslcy study 20 and we're represeating Hunt Properties tonight We 21 that was done specifically for the issue at City Council 21 actually expect to have a Hunt Properties representative 22 last night 22 here a h~le bit later He's been a little bit delayed 23 MR MCNEILL okay All right Thank you 23 due to tho weather 24 MR RE[CrlHART And Just one flu'thor comment, 24 Let me start off and say we're here tonight to 25 and I think -- and I don't want to put words in City 25 change tho zoning from the Po to stral~t Commercial THR. PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 37 CondenseItTM 13 Page 1 '~ I Page I zoning It ts our intent to develop a nexghborhood I ff we put ~t down at the other sate that's being 2 grocery store somowh~o ~n the neaghborhood of 58,000 to 2 consad~xt farther south, you're going to start drawing 3 60,000 square feet Wath that, wc would have a restaurant 3 all that traffic on Teaslay down to that location, where 4 wath a dr:va-thru, one of those, probably a gas station :s 4 yun're drawing basically m one threet~on Long-t~-m 5 tho other intent, and then one bank And we have a sate 5 that m~ght be a wable location as a second location along 6 plan hero that shows that 6 Teasley but we think m the lnmrethate situat~on, traffic 7 MR MCNEILL YOU can lay that up on the 7 would be somewhat reheved by having :t mom centrally 8 podium hero and they'll zoom m on at 8 located and having shorter trip drstances to get to the 9 MR STROHM okay Great 9 facdxty to serve thc current development m the area 10 MR REICHHART I Just wanted to point out 10 So w~th that, we're here to answer any 11 that the rezomng opphaatmn is pubha hearing No 9 11 quest~uns for you tonight We certainly would request 12 and public haanng No 8 xs the Compreheas~ve Plan 12 that you take actmn on it We know that th~s s~te has 13 amendment You can hear thom both at the same t~me but I 13 come back to you prewously for Multi Funuly zomng and 14 Just Wanted to make that clear 14 that was domed and the owner of the property would hkc 15 MIL MCNEILL TWO 8~parete ISSUes, y~h 15 to move forward wxth retail development, cornmercml 16 Mil. SNYDER This is a joint pubhc heenng 16 development So we ask for your consideration and we're 17 MR MCNEILL IS that all right, to have a 17 hero to answer any questions 18 joint pubh¢ hearing on tho two items and then we'll vote 18 MU MCt~EILL conumss~0ners, do you have 19 on thom separately? Is that okay, l~gal? 19 qocstxons? Commissioner Oourthe 20 Ma SNYI2EK Yes, that's okay 20 MS aOURDP' on the top right above the gas 21 Ma MCt, ma,L okay All right 21 station, you have a gray area which just says Parcel 2, ~s 22 Ma STROHM This ~S tho concept plan that 22 that -- what would that be? 23 we've put together It shows a 58,000 square foot grocery 23 Ma STi~OHM 'rbe gray area actually ~s the 24 facthty w~th retell on each side of it being on the 24 location of the pumps Tl~s ~s the building melf and 25 southwest corner of Teesley and Ryun The gas station 25 th~s is actually the pump asland wxth a canopy over top Page 14 Page 16 I site is proposed here, a restaurant w~th a dave thru 1 MS Ooul~t~m And even though you've agreed to 2 facthty thor~ and then a bank over m the southeast 2 do an e~ght-foot masonry fence, being that is all the main 3 corner We've also commuted to thc adjacent homeowner's 3 building :s located towards the back whxch will produce a 4 assocmtren that we would construct an e~ght-foot masonry 4 lot of hght m the homes, are you p~pared to dmumsh 5 fence and then all tho construct;on on s~te would be 5 hght exposure to the houses? 6 compatible wath masonry construction 6 Ma. STaOHM certainly 7 We certainly tonight would l:ka to ask or 7 MS OOURDm And thmga hke that because I :8 request to take consideration on this zonang issue We 8 have not, ced that as gas stations come m, they've come m 9 were at the City Council workshop last mght and I don't 9 w~th lugher density hghtmg They shree forward a lot 10 want to Speak for City Council either, but I would say 10 brighter and they're on 24 hours a day And that would be 11 that It was my tmpr~slun that they felt hke a grocery 11 somotl~ng that I'd be concerned about, especmlly ~n that 12 store faclhty, a commerctal center is sometlung that they 12 locatmn, b~eause it will go out to almost every stngle 13 supported There was some d~scusslon of wbetber or not 13 home re that area 14 thom should be one of these factht~ along Teasloy or 14 MU STROHM well, that was one of the reasons 15 two But I behove it was staff's recommendation that 15 we wanted to have the gas statton more closer to the 16 certainly one would be acceptable up untti the tmae 16 intersection of Teasloy and Ryun And, actually, wxth a 17 Teasloy was expanded to six lanes unchwded And at that 17 drive-thru facility also a fast food dave-thru facility 18 tune, maybe even considonng a second facdlty 18 or any type of restaurant w~th a dave-thru faethty, 19 We feel like, and we have not had a chance to 19 we're sensmve to the locaUun of that to the ca,sting 20 revtow tho updated traffic tmpaat analysis, we've also 20 resuleats And that's why we've actually got that on the 21 prepared one for this site We're probably m a httle 21 corner and the gas station m between But, certainly 22 bathsagre~neatvathstaffontraff~cs~tuntton Wefeel 22 we're prepared to do that Wa are a certaan ways off of 23 hke the current development now ~s further north and that 23 a and tho retail will actually buffer a lot of the light 24 having a facility that's located farther north would 24 that you have out m the front of the cantor 25 actually reduce the amount of traffic up and down Teesloy 25 MS oOUaDie Also, tlus was possthly going to THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 38 Condona¢ItTM Page 17 Page 19 I produce 6,000 trips per day Is what their statistics hero I w~th Jones & Carter 2 show I know that Albertson's does approximately 10,000 2 MR MCNEILL say your name again 3 to 20,000 trips a day I'm just - what if these 3 MR STEVENS sandy Stevens And the driveway 4 statistics are incorrect and you do poll from an eight 4 variance, as we're proposing it, has indicated that we 5 mile radius which, of course, is Corinth and the north 5 would agree to restricted hours of operauon of the 6 side of town and Lake Lewisvdla, which is not a probable 6 delivery entrances, and to move any sIgnage as necessary 7 thing to happen, but the zemng Is huge compared to what 7 to restrict traffic along the back of the lots of the 8 y'all are trying to draw from And I'm just wondenng if 8 existing homes 9 such a large area really needs to support so many retail, 9 MR R£1CHEART I need to just pmnt out that 10 dave thru fast food and a grocer with what y'all are 10 both the Comprehensive Plan amendment and the zoning plan 11 askmgfor Ijustneedteunderstandwhyy'allneedsuch 11 rcally don't relate to the slte plen that we have Andl 12 heavy, heavy usa at this earner I know you said, well, 12 know looking at the site plan, we can get into -- I mean 13 when tt budds out, quote, unqoote I just have a hard 13 staff hasn't really even analyzed tho site plea 14 time qualtfymg it and I just needyouto help me 14 MS OOURDIE t guess what I'm trymg to get 15 understand why it's a quahtatave thing 15 ant is that from I understand, what y'all want, you want 16 MR STROHM Actually, the grocers store that 16 buildings front, you want things bke that 17 we're proposing is probably the smallest that's being 17 MR RE[CHHART And I appreciate the comments 18 consmlcted, I guess, in flus area And I ttunk Larry 18 MS OOURDIE B~fore we're going to make this 19 even commented toward that I think the only one that's 19 decision, I want to know why it would be ttus way 20 even being built an}whare in this area that sLze ts m 20 MR REICHHART NO, and I can appreciate those 21 Flower Mound around 56.000 square feet The typical 21 comments, but I'm just paining out hke -- and those are 22 grocery stores are larger than that They're typically in 22 good comments to raise to the applicant as being concerns 23 thc 60,000 to 80,000 range with a lot of them being right 23 as we go farther with this process But what we've really 24 around 75,000 square feet 24 got to look at, and maybe it is a function of the site 25 So, you know, we are a smaller facthty We 25 design is, as you say, is have they put, is them too much Page 18 Page 20 1 just have three out-parcels which really fits the size and 1 retail in this development I mean, if we go forward with 2 does fit with more of a neighborhood center as opposed to 2 the zoning plan, you know, do we want to take a look at 3 having a large 75,000 square foot bmldmg with multiple 3 how much retail we put on there, how many out parcels, how 4 or many out-parcels 4 many dave thrus and all that stuff which 5 MS oouRom And what about access for 5 MS OOUEDIE And that's what concerns me, ;f 6 dchvery trucks, semis? Again, they're going to bc making 6 we go and we change it to thc activity center use, well, 7 their dehvones when people are still - how do you 7 that opens up a whole new ball of worms or can of worms, 8 propose to mamtam a neighborhood environment vnth such 8 sorry 9 heavy uso? 9 MR REICHHAP, T WO'YO got to ta'y to fOCUS on 10 MR STROHM well, those type of dehvones l 0 tho uses, not so much thc design II would -- wo've gut aaenss mutes behmd the baak of the Il MS OO~JP. Om okay Well then, }guess then I 12 center for the large truck dahveaaes and we actually do 12 was just concerned because we're going from a neighborhood 13 have a driveway variance that's gone before the Traffic 13 center which confines the area to a neighborhood area 14 Safety C0maussion that would be required Now, that's not 14 And what we're being asked to do is a heawer request 15 something we're considenng tonight but them ts a 15 which is no longer a neighborhood enaty So I jest 16 separate driveway hem and hem and the intent of that ts 16 needed some clanfication Thank you 17 for dehvenes We don't want delivery trucks driving 17 MR MCNEILL cerm~lSSlonof Holt 18 through tha front of the center Wewantthemjustusmg 18 MS I~OLT Yes What is tbe schedule for 19 tho back of the center 19 widening Ryan Road? 20 MS Oouaom t guess what confuses me on that 20 MR MCNEILL I don't think there is one 21 ts thebackofthecenter is whem the homeowners hve 21 MS HOLT SO possibly, then, for ten yenrs, 22 That's their home You're in their beekyard and you're 22 we're going to have two two lane streets? 23 having dohvenes made in thotr backyard I just find 23 MR STROHM well, I don't want to speak for 24 that thfflcult to understand 24 staff and what the City schedule is but I thnk I was told 25 MR. s'rl~vl~Ns If ! may add, I'm Sandy Stevens 25 last night that that was a three to four year plan for THE PLAN'N-ING AND ZONING COI~IMISSION FEBRUARY 28, 2001 39 CondcngeItTM Page 21 ! Page 23 widening I mean, ther~ were a number of concerns that were addressed 2 MR REICHHART Perhaps Mr Salmon could - 2 of the residents 3 M~ STROHM And I maybe confusing that with 3 MR MCNEILL I WaS out In t~t neighborhood a 4 Tensley Maybe Ryan Is going to stay as it is 4 couple of weeks ago handing out cards to support the 5 MR SALMON Ryan Road cun~ntly is not in our 5 school district and I ran into some people and the 6 Capital Improvements Program We are going to highly 6 comments that they made wer~ they d~da't know I was on P&Z 7 recommend that Ryan Road bc placed in thc next bond issue 7 but the comments that they brought up were, well, they g which we're hoping will occur sometime around the end of 8 were mom happy with th~s kind of thing than they had been 9 2002 So depending on if that street is selected and 9 with the multiple family housing So I was curious what 10 depending whore it rmght end up in the bond program, 10 kind of response you got at the ne~ghbcrhaod meeting 11 whether it ends up in the first year or tho last year, you 11 MR RATLIFF That was very co~sistent Wull 12 koow, it could ba thren or four years down the hne or n 12 the rospense we got from them They were worned about 13 could b~ sewn years down the line if it's chosen But 13 noise and hght and we've commlt~<l to thegn to, you know 14 there is no current programming 14 address those issues But they were obvmusly very 15 MS HOLT NOW, lS Tensley within thc next ~n 15 concerned about throe-story apartments he. nd their back 16 years? I moan, realistically, what's that? 16 fence and I think they art much mort receptive to a quiet 17 MR SALMON We think that we will ha able to 17 neighbor that's pointed the other duect-:on, land of away 18 get Toasley Lane vadened within tho next six to eight 18 from them, as leng as wc'rt rtstncted as to what we can 19 years to a six-lane divided road 19 do behind the center at sleeping hours 20 MS HOLT SO WO could have six to gaght years 20 And one of thc changes that ',~'as made to the 21 with two two lane roads on that prolxa'ty? 21 site plan, just so you're aware, is th~ location of a bank 22 MRgALMON Paght That's very ooneoivable 22 fecdltyadjacenttothartsidentialarea Thabank :23 Ma HOLT okay Thank you 23 facihty adjacent so that it dee~ hat c more hunted hours 24 MR MeNEILL ArO yOU through with yollr 24 than two of the other pads that nught have moro extended 25 remarks? Okay Commissioners, do you have other 25 hours So that was something that they - we rearranged Page 22 Page 24 questions? This is really not directly apphcable to this 1 some of the pad uses to try to address l~hetr concerns 2 but you indicated you had talked to tho neighborhood, have 2 MR MCNEILL okay Commissioners, do you 3 you mot with the neighborhood? 3 have other additional questions? Okay Thank you very 4 MR, sTReaM YeS, We have And Beunott 4 much And since this is a pubha hearing, I vall ask is 5 Rathff is here tonight rop~senting Hunt PropOses and 5 there anyone else pxesent who would ~ to speak in 6 he's had me~tings with tho neighborhood assooiat~on 6 support of this motion? Anyone else present who would 7 Mr{ MCNEILL Did you want to make a comment 7 like to speak in support of the motion? Is there anyone 8 about that? 8 present who would hka to speak m opposition to the 9 MR I~.TLIFI: I'd be happy to I apohigiz~ 9 motion? Anyone present? All right Then, Comm~ssioners, 10 for my tardiness I got caught in soma of that traffic on 10 you've heard thc presentation and you've lx:ard the 11 1-35 My name is Bennett Ratliff 11 recontmendation from staff Do I have a:motien on Agenda 12 MR MCNEILL call 'lbcooT 12 Item 8 which is an amendment to the Comprehensive Plan? 13 MR RATLII:F' I wish I had some mfiuenco 13 Commissioner Wdhams 14 yes, wohavem~twiththonoighborhood Councllpersen 14 MRWILLIAMS Yes IwouldbJ~toeskstaff 15 Knstophea'son was granlous enough to set up a couple of 15 about tho community meetings What staff members were 16 meetings vath tho residents and we met in one formal 16 present at the meetings to get some input from staff frmn 17 meeting with them at tho library out thoro and presented 17 kind of a neutral person? 18 the plan to, oh, probably t~n or 12 of tho residents and 18 MR m!tCHHna? staff Wes not presoat at any 19 took some of their oomments to hoart and made a fcw 19 of tho meetings Weweren'tmfonnedofthemeatings We 20 changes 20 have asked if there are any futme meetaags, that we be 21 One of tho things that they in. ally wanted was 21 included and they've agreed to do that 22 tho eight-foot screening fence along the back that Hunt 22 Ma WILLLnMS okay 23 Properties has comrmtled to build Therv was chscussrons 23 Ma MCNEILL COUUmSSlOOer l{-lshal 24 about m0r~ landscape btlffenng along tho back We did :24 MiL IUSHEL t 11 mnkc a mot:on. I'd like to 25 mc~'.ase that somewhat Masonry on tho btuldmgs I 25 move to continue c.n co-eel to the enxt xegularly scheduled THE PLANNING AND ZONING COMMISSION I~'IiBRUARY 28, 2001 40 CondonseItTM Page 25 Page 27 I meeting of the Planning & Zoning Commlssmn 1 had a joint opening 2 MR MCNEILL It's been moved Is th~6 a 2 Ma RISHEL i II make a motion I'd hke to 3 second? 3 move to continue lmm zP 0o 007 to the next regularly 4 MS HOLT second 4 scheduled mesung of the Planning & Zoning Conumss~on 5 MR MC~qH[LL March 14th Thc next regularly 5 MR. MCNEILL That should be 017 6 scheduled meatmg wfil be March the l4th Wohavea 6 MR~RISHEL. Excuseme I'd hke to move to 7 special meeting on the 7th Okay Is that all right? So 7 continue item zP ~o-o17 Thank you 8 the motion has been made Commissioner Moreno Do we 8 MR MCNEILL TO9 9 have a second7 Has anybody seconded the motion? 9 Ma ~USHEt. oit~ ]0 Ma APPLE COlmlllSSlOner Holt 10 MR. MCNEILL okay All r~ght Is there a 11 Ma MC~,mmL okay Oo ahead 11 second? 12 MR MORBNO And what is it that we're trying 12 MS APPL~- second 13 to accomphsh belwean now and th~ 14th on this case? 13 Ma Men. ILL It'S been moved and seconded 14 MR RtSHEL We're 3ust leaving it open 14 Is there any discussion on the motion? Seeing no hghts, ] 5 MR MORENO Just lee. ve it open? 15 vote on the board please Motion passes 6 1 16 Ma MCl,,'BtLL Yes 16 (COMMISSIONER WILLIAMS VOTED IN OPPOSITION) 17 Ma REICHHART I think we'll get you -- 17 Ma MCNEILL I think part of the message that 18 MR RISHEL I t..hlnk a road stlldy, pending 18 should go forward to Council with this, and I hope that 19 study conung tn. sev~al other tlungs 19 they wdl read the n~nutes, but them was -- and I know 20 MR. MOraiNe Penthng studies and sp forth, 20 that I've had several of you mention it to me and I think 21 okay 21 there's been others around the City that wer~ a s~mdar 22 MR REICHHART correct 22 scenario that eccureed on a prcwous request that, as 23 Ma MO~.~O On the 14th, our task will still 23 Commissioner Wflhams smd, didn't draw much attention 24 be to consider an amendment to the Comprehensive Plan and 24 when ~t got to City Council And I hope that the City 25 tl~ amendment of the planned d~velopment We're not 25 Council will note that when ',ye send a vote forward with Page 26 Page 28 1 looking at the site plan, ar~ we? We're not considenng i 7 0, that them is strong feelings on that, on that 2 this particular site plan that's been presented to us? 2 particular motion 3 MR~ MCNEILL The sit6 plan do~n't come into 4 beanng hem because the first thing v~'ll be lookang at Agenda items through 9 and unless there's reason not to 5 IS do v~ want to recommend, as I understund it, a change ~wlll close thc pubha s~slon and we'll go 6 in the C0mpr~hanslve Plan from n~ghborhood c.~nl~ to Ptlbha, excuse me, the open session and 7 community center 7 8 M~ MORItNO okay 8 keep me straight hem The 9 Ma MC'NEILL That's the First item And then 9 , the v. ork sessmn That v t m the 10 Item No, 9 then would deal with this change of the Po to 10 wurkroox 11 th~s addtUonal use Okay? 11 M~ Yes ethe 12 Ma MOI~NO YeS, sir Okay Thanks 12 l, City staff, 13 Ma MCNEtL~ That's my understanding Is 13 Planning of Denton an apology 14 that -- staff, is that correct? 14 for not meeting my * And I'll just leave it at 15 MIL REICHHART correct 15 that 16 Ma MCNEILL okay All right So w~ have 16 Ma and appreciated 17 the motion on the floor We have a second Isthemany 17 Thankyou wc'll move to 18 addmonal discussion? Everybody understand what v~'r~ 18 19 votmgon? Okay Allnght Vote on the board Motion 19 20 passes 6-1 20 ) 21 (COMMISSIONER WILLIAM5 VOTINO IN OPPOSITION) 22 MR MCNB[LL tS them a motion on Agenda 23 I~al 97 24 Ma P. tS~mL YOU n~l to open tho -- 25 , MR MCn~tLL wn opened it Wc opened it Wc THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 41 CondensoItTM Page 53 Page 55 I MR MCNEILL All right Addmonal issues? All right I'll close the pubhc hcanng then 2 Are you ready to vote? Vote on the you have any closing comments? 3 ; 4-1 MR GRAY staff recommends approval 4 and final replats 5 The very good So I'll 6 public t on a replat 6 [ entertain 7 there are 7 8 Conumsstoner } 8 two of thom ¢ an 8 prelLonnary 9 objection, ~ heanng after 9 plat on tht Seetton K 10 we hear t n we'll do 10 MR: mcan to say replat'~ 11 separate motions on .~ray, wollld you like to 11 MS 12 bnng us a report? 12 13 MIL ORAY Yes ~ prclunmary replat 13 ~ been moved and seconded 14 nK Thercasen 14 that we approve t yreplat Isthereany 15 why we're doing Is because the area 15 discussion on t Seeing none, would 16 for Section for the 16 you vote on 17 17 : item, 18 18 Item 9, which is thl Is there 19 )ecan 19 any that? Is there 20 includes the propert3 20 MS HOLT I move to approve the: MR MCNEILL GO ahead and do ?reserve at Pecan Creek, Section K, bem~ 9, also portion of Lot 2, Block MR GRAY And as far as the final plat ts nght-of-way concerned, the only reason why we arc holding a pubh¢ MR MORENO And I'll second islthat t~chmeally tins final plat is a rcplat m It's ~' small portion of a right-of-way 2 ~ thc preserve you ~ 5 And h this is such a uny mnount, ~ hc 5 Thc next item is Item 10 But I would hkc to 6 following state statute and I 6 do thc same with that as wc did with the other and open a 7 tho rcplat 7 public hcanng after the staff bnngs their comments 8 MR have 8 Tills iS at the cornea' of Teaslcy Lane and Ryan Road And 9 9 Mr G-ray is going to bnng the staff report on this 10 much Is the f the pubhc 10 planned deveIopmont 11 heanng We'll be from the I 1 MR ORAy I guess I'll go ahead arid address 12 pubha and the apphcanl and then 12 both the zoning plan as well as the comprehensive plan 13 wc'llvot~s~aralelyon~ ~theapphcanthero 13 amendment Youhavcsccnthisprojectbcfore It's 14 and would hkc to ~ 14 actually bean centant~d twice now As you nught remembcr 15 John Anderson 15 from thc last moating WC had, we wcre digesting some 16 And I'm 'on may 16 discussion that Council had thc prcwuns cvcnmg regarding 17 ~ ~plat ~ 17 U'affic along Tcasley and thc affect of a conunumty 18 very good do 18 actlwty center such as being proposcd hare on Teasley 19 r Mr Anderson'/ 19 And, m fact, there was an updated waffle 20 verymuch Isthercanyoaemthe~ :who 20 study prowded by the Clty's h'affic consultant AndI ~ to addre, ss this issue eithcr for or e 21 behove a copy of tins updated study has bean provid~ to : I? thc audlcnoa who would I ke 22 you in your backup The traffic, of course Is an Wc don't have any cards, do we? Okay So w 23 overwhckmngly concern regarding this developmcnt This ) cards, and so I'll ask a third tune, Is thcr~ anyone in 24 -- putting a commumty activity center here ~ally is -- I the audicaco who wunld hkc to address e~thcr one of those tlunk it's staff's view a two-edlgxl sword Ononc hand, TI-IR PLA~G AND ZONING COMMISSION MARCH 14, 2001 42 CondcnscltTM Page 57 Page 59 I if it is able - another grocery store is able to pull I MR ORAy correct 2 traffic away from thc congestion at Ldian l~filles' and 35 2 MR Mc~m~ Thank you very much Other 3 east, it's good, however, if it increases h'affic along 3 comments or questions for staff? Thank you very much So 4 this portio~ of Teasloy and Ryan, which curcmfly are 4 Commission, what is your pleasure? Tho staff is 5 unimproved two lane roads, then it's also bad 5 recommending a continuance The apphcant I believe is 6 So we have some serious concerns regarding the 6 hem And is it your pleasure that we open thc public 7 traffic There's a concern that a community ac~vity 7 hearing and let thc applicant speak? 8 center will have a better affect regarding thc traffic 8 MR ms~mL Yea, and thc public 9 along Teasley if it was moved as far as poss~le away from 9 MR MC~,~tt,L Yes, and the pubhc Thank you 10 I35East Tbe farther the community act~vity center, tbe 10 very much for correctmg me there So we wdl opcn the 11 mom spread out the, I guess, the traffic densities would 11 public hearing then and hear input from the applicant and 12 be And that was ene of the concems that Cotmcd brought 12 thepubllcenItclnsl0andll And then after w¢ - after 13 up at their meeting a couple of weeks ago 13 we close the public hearing, we will vote to conunue 14 Another problem or concern we have ~s while, 14 these separately or vote to approve them or vote to turn 15 for example, Hickory Creek is, I behove, and l~ir Salmon 15 them down separately, okay So if the apphcant is here 16 could correct ran If I'm wrong, but I thnk that tlx~ is 16 would ha hko to make a comment? 17 already funding or, at least, progrnunmng rvganhng an 17 MR ~O. TL~ Thank you, Chairman, members of 18 unprovanent of Hickory Creak further to thc south We 18 the Counmsslon My name is Bennett Rathff I m'pmseat 19 don't have any funding or improvements programmed for Ryen 19 Hunt Properties, the actual developer of the center Last 20 Road at that tm~ And so if this dsvnhipmcnt ~s phced 20 meeting, I apohig~ze, I was delayed by the weather and was 21 hero with that unimproved two lane road there what is 21 not hem to make thc presentation So I'm here tonight 22 going- What is tbe affect gomg to be m terms of 22 undhaveafewconuneats As was m thc staff report we 23 traffic? So on the one hand we realize that the apphcant 23 have been continued a couple of tunes on this And it is 24 has bean delayed sad we've -- quite honestly ~nn: r~ally 24 certainly the k~en interest of Hunt Properties that this 25 don't want to delay him anymore, but, on the other hand, 25 project continue to move forward As vath any real estate Page 58 Page 60 I we, as staff, just don't feel as if there's enough 1 deal, there's a contract ena piece of land That's not 2 information at this time, especially rc~arding th~ traffic 2 indefinite We don't have thc option of sitting on our 3 to make a recommendation, so what we would sugg~t is that 3 hands and waiting indefinitely for a decision So we 4 the apphcant 80 over our consultant's communny aruwty 4 would certainly like to sea some -- some msohiuun 5 center nnpact study as it relates to Teasl~y Mae and, 5 tonight if at all possible 6 perhaps, revise they; TIA or addr~s the issues that a~ 6 With that said, let me provide a few comments 7 brought up in our study as necessary beaausc before we -- 7 We are here tonight to present our corner, the corner of 8 and Mr Salmon can speak to this But before v.~ make any 8 Ryan and Teasley and not nec~sanly in compcat~un with 9 recommendations, we want to know exactly or have as clean 9 any other corner, just our corner And how our 10 an idea as possible as to what this wdl do as far as 10 development fits into the Denton Plan and tho 11 traffic is concerned So we cannot make a recommendation I 1 Comprehensive Plan and the zoning of the City of Denton 12 at this time, therefore, we must recommend continuance 12 In our reading of the new Denton Plan, the Denton Plan is 13 MR MCN~ILL coumlISSlOOerS, do }ou have 13 concentrating on more density, encouraging less urban 14 questions? I guess, I have one question scctag no hghts 14 sprawl, encouraging mom consolulat~un towards thc 15 In the memo hem from Mr Hill, Assistant City Manager, 15 ex~stmg areas that arc developed in Denton We behove 16 Itan 3, he, I guess is saying, if I read that correctly, 16 as a result that our center is accomplishing part of that 17 the activity canter should be located closer to H~nkorY 17 goal We are unt -- we're on the edge of existing town 18 Road, is that what his ntemo said? 18 We're not further out away from thc edges of tewn Wcare 19 Ivm ol~A¥ l~t Ithmkthatwason¢ofthc 19 trymgto, Ithnk, m comparisun to other centers that 20 discussions that Council had 20 you've bean talking about, wc am Uymg to meat some of 21 MR. MCNEILL Whichiswh~P&Zrccnmme~deda 21 the goals of thc Denton goal Wc'rechisertotown 22 center be plac~xl, was that not correct? 22 We're l~'ymg to discoara~ urban sprawl 23 MR o~AY correct 23 Master planning as a result, I've bean in this 24 Ma. MC/~ILt, Which was then turned down by 24 business a long time as I know a lot of y'all have been 25 City Council? 25 Master planning is not intended o~ ~ ananahat of a Cttv THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 43 CondenscltTM Page 61 Page 63 1 It's a plan, It's an ultanat~ plan It ~nvolves not I commercial and multi famdy, not residential ~ft~e one 2 current mfrastructar~, but ulmnatc infrastructure, what 2 thing we do thsagree w~th h~s study ~s that he compared 3 you desire the C~ty to look ~ not necessanly what ~t 3 the traffic that we would generate to a comparable 4 looks hke today I dam say that ff them was not water 4 restdeattal development 5 lme~ m tho area, that it soil ~ouldn't affect a master 5 Our site ts currently zoned commercial and 6 planning effort It aught affect an approval of a sale 6 multi-family It's not currently zoned resldentml It's 7 plan, but not a compr~hans~e plan amendment or a zoning 7 not currently unzoned It's identified in the 8 case R~ght now the only infrastructure ~ssue~ that ar~ 8 Comprehensive Master Plan as a commercial area It's 9 involved w~th Ryan and TeasL'y am traffic related assuea 9 identified m the current zoning map as a commercml and 10 There am traffic-~lated ~ssues m mutapl~ places m 10 multi-family area So we're not asking to drmnatmally 11 town Those am ~ssue4 that are b~tter dealt w~th at the 11 change the traffic that should have already been planned 12 site planning sta8~ or stt~ pro. lect plan stag~ as opposed 12 for for this area We're just asking for a shght 13 to a master plan, oomprehens~ve plan am~ndmeet stag~ We 13 modfficat, on to allow us to build a grocery-anchored 14 have gotten a copy of the n~,v traffic study We have 14 center as opposed to a non-grocery-anchored center 15 rewewed ~t We have not done another exhaustive study 15 That's the gist of our request Multl-famdy, as I know 16 Th~s ~s th~ seeend study We had one conmassten~d Y'all 16 y'all are aware has been tried on this property and 17 have had one coaumss~oned, and, frankly, v~ agr~ w~th 17 dented Now, we're asking for commeroml So that's the 18 yours And lot me tell yen why 18 bottom hne of our requast Wecertamlyapprecmteyour 19 There are about sm comments that I can quot~ 19 consideration We're trying to keep the process moving 20 out of year study that I'd hke to qoote to you. One, m 20 forward and would certmnly encourage a vote if it's 21 their study, they selected two centers -- two ten-acre 21 appropriate Pll be happy to answer any questions 22 centers to consider m tlas area of town, because in the 22 We do have our traffm consultant here with us 23 words of your consuhanh tlns area of town needs two 23 tonight If you'd hke to talk to him, Mr Jack Hatchell, 24 cenm's It would a~act ar~s to attract peopl~ from 24 if you'd hke to talk to him as well 25 the etutro study area We behave that we're one of those 25 MR MCNEILL commzssioners, do you have Page 62 Page 64 I centers I questions9 Commissioner Oourdre 2 Our proposed site is m the center of the 2 MS GOURDIE Thank you Can you off the top 3 study area, not on a boundary, not near an edge, m the 3 of your head tell me how many grocery stores so to speak 4 huddle of the study area that your consultant ldentffied 4 that you are requesting 58,000 square foot grocery store 5 as needing a retail center According to your consultant, 5 are located within a mile of each other that you know ofv 6 traffic on Lflhan Miller to Robinson will significantly 6 MR i'.ATLII:F Located within a mile of each 7 decrease with the construction of a center south of there 7 other? 8 We are u c~nter south of there 8 M~ GOURDIE uh-huh 9 They're saying that in the short term, the 9 MR RATLIFF I don't know ,n Denton tn 10 development of an aetiwty cent~ tn this area will 10 partmularly In my professional experience I've bu,lt 11 actually Improve traffic on the Teasley Lane corridor 11 grocery stores across the street from each other before 12 They also say that xt's eas~er to address traffic along 12 MS GOURDIE Okay And do -- how wide are 1~ the comdor -- that it's easier to address the corridor's 13 thc roads~ How many -- describe tt to me Are you 14 infrastructure needs w~th the m~plementatton of an 14 talking about Mam Street tn Lewlsvllle where there's one 15 activity center than w~thout Again, we behave we're 15 on every comer, but you've got ten hulas of a strip mad 16 that activity center 16 on a six lane divided road w~th methans and traffic hght, 17 So m short, we ~ wath your consultant 17 or are you talking about a two lane road that's rooftops'~ 18 We beheve he beheves that a center needs to be bmlt 18 MR RATLIFF Theyvary And m my hometown, 19 down here It will help your traffic problems m the 19 I live tn Coppell, there are two grocery stores at either 20 short term It will serve the area It will deurease 20 end of a two-lane road that's currently under construction 21 your traffic at Ltlhan Miller and 1-35 It's somettung 21 to widen to a six-lane mad, but it's been that way about 22 that's needed in the area because he smd there ought to 22 six years as a two-lane road 23 be two And we behave v,e're that center What we're 23 MS GOURDIE But Coppell has a whole 24 aslang for tmnght is an amendment to tho Comprehensive 24 different standard tn design, and set backs and harms 25 Planandazonmgchengefromae~tzomngthatis 25 MR RATLIFF Iunderstand I'm lust saymg THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 44 CondonseItTM Page 65 Page 67 I it was on a two lsea mad whea it was built 1 based on the current zomng that's on place on the tract 2 MS Oouanm ?hey do a different business 2 today With our change, It's probably closer to 8,500 3 than '~ do up hem in Denton, so I'm just trying to get 3 So we're asking for about an extra 1,000 or 1,500 cars a 4 the feel for what you're proposing hem And, also, why 4 day 5 do you have to go from a neighborhood center, which is 5 MS GOURDIE Have you ever driven this street 6 what the Comprehensive Plan feels that th~s area needs, 6 at all'~ 7 winch is more of a neighborhood facility versus a 7 MR RATLIFF Yes, mu'mn, been on it several 8 community m~xed usc, which means according to that 8 times 9 definition, ~t would service 40,000 people and go e~ght 9 MS GOURDIE SO do you find tt difficult in 10 rmles out, which is pretly much - cncompasse~ the whole 10 any way to traverse when school lets out and when -- l 11 City of Denton To me, that's pretty oxtnm~e for this 11 mean, there are certain times I have to plan driving that 12 little area So I need to understand why you need to go 12 street It's just something you plan each day And so 13 to such a tugh defimuon or tann to put m a grocery 13 I'm asking If you're going to say that these people are 14 store 14 not only going to have to endure all of the extra horaes 15 ~ RATLIFF The only differencn between what 15 that are being proposed that aren't out there now, which 16 is currently zoned for and what we're requestang to 16 m, what, three, four 5,000 homes that are going to be put 17 construct ~s the grocery component All other uses that 17 out there, which makes tt a very good site for a grocery 18 would b* m that ceoter am typical neaghborhood use~, 18 store, I agree, but add that, plus your 8,500, 10,000 and 19 haircut places, neighborhood restaurants, wdeo sto~rs, 19 sometunes Albertsons gets up to 20,000 cars over on that 20 things that normally would by m a commercllll neighborhood 20 one comer So I just need to understand Help me - 21 smpeenter The thffemnee is that tlus would be a 21 sell me on this And you're not selhng me, soljust- 22 grocery anchored stap center with a ne~ghburhood sized 22 MR RATLIFF well, let me give you some 23 grocery store Keep in mind they're really about three 23 ammunition, okay9 24 categonea of grocery stores r~ght now that am being 24 M~ GOURDIE Sure 25 bmlt That's the small &secant grocery store that are 25 MR RATLIFF 90 percent of the taps to a Page 66 Page 68 I munmg about 49,000 square feet that I know y'all have I grocery-anchored store are generated by people that live 2 some recem experience with 2 w~thm two to three miles because that's how the 3 Tlxa~ are the -- what they call the 3 demographic studies are done about where to locate a 4 neighborhood siz~ grocery stores that are being built by 4 grocery center, they look at how many rooftops there are 5 Kroger, All:,emons and Tom Thumb that mn anywhere from 56 5 w~thm a two to five mile radms depending on the market 6 to 60 000 square feet And thoro are the grocery super 6 In this case, it's about a three-mdc radius Because any 7 stores that start at 75,000 and go up from there And so 7 further than that they're going to go to Albertsons up the 8 what w~'re taking about ~s the neighborhood classified 8 street I mean, they're going to go the other direction, 9 component of what's typically done by the thr~ major 9 or they're going to head down to Connth 10 grocers that w~'ve worked with Under your Comprehensive 10 So if you look at about a three-mile radius, 11 Plan, the change that's actually proposed for th~s area 11 these are taps that most of the people are taking anyway 12 without an ameodmeot would allow the discount grocer to be 12 Now, ff we put a counter at the gate of our center, that's 13 there vathout a change We're asking for the change to 13 how many taps we're generating But I know personally 14 allow some of the competitors to be there as well 14 for me tf I'm going to the grocery store, I'm usually on 15 MS. COUP. CIE And what is the approximate 15 my way to do something else I'm on my way home from 16 amount of traffic or cars - or let's just say, how many 16 work I'm on my way to take the kids to baseball I'm on 17 cars am going to park there in a day, In and out? 17 my way doing something else I very rarely make a 18 ~m. RA~LiF~ IPark there? According to '- 18 dedicated to the grocery store My w~fe does once a 19 MS. c.,otranln Orocery shop shop, go get a 19 week, but, you know, tf ~t's to run in and get a gallon of 20 video, whatever? 20 milk or go get a haircut or something We're out doing 21 M~. KnXt. lPF it's really hard You know, I 21 all kinds of other things anyway 22 don't know that w~'ve ever done a count We can ask Jack 22 So most of these trips, wlule tf you put a 23 Harebell ~f ha even can throw us some numbem R~ght now 23 counter at the gate of our center, yes, we're going to 24 with tl~ zoning of tho tract that's there today, tho site 24 generate 8,000 trips a day, but I will tell you 90 percent 25 would probably generate in the nmghborhood of 6,500 cars 25 of those oars are on the road already and they're mnnmg THE PLANNING AIqD ZONING COMMISSION MARCH 14, 2001 45 CondengeItTM Page 69 Page 7 1 through that intersection already 1 square feet 2 MS GOURDIE SO you're say~ng you're a 2 Thc 58,000 square foot store they're proposing 3 destination, winch is going to bring people there? 3 would be pretty much m the waddle of these commumty 4 MR RATLIFF NO, I'm saying we're not a 4 stores which, of course, Is why they're requesting 5 designation I'm saying we're someplace that people are 5 eommumty acUvity centers as opposed to a neighborhood 6 going to stop because they live in the neighborhood and 6 aatavity center Then, of course there's tho Wal Mart 7 they drive by there anyway A destination is something 7 which is well over 100,000 square feat, winch is thc g you load up the kids and say, hey, we're going to 8 Caty's only regional grocery store David Salmon might 9 Stonebnar Mall 9 have some comments so I'll defer to him 10 MS GOURDIE well, a lot of people load up 10 MR S^L~nO~ 111 U~ to be brief Just a 11 that kids to take thom to the grocery store 11 little bit of explanation A lot of the statements that 12 MR RATLIFF But what I'm saying is 90 12 Mr Rathff read out of the study wore I mean, they are 13 percent of the trips, people are out running around anyway 13 in the study, but they're mainly applicable to the 2016 14 and they're going to run to the grocery store and get a 14 sceuawa that was looked at an th~ study In the 2016 15 gallon of milk while they're out And, you know, it's a 15 scenario, it's assuming that Teasley Lane has already been 16 trip that's a combination tap because the intent of this 16 constructed to s~x lane divided And that unprovements 17 project ts that tt ts a neighborhood center It's 17 have been already made to Ryan Road and to Hackory Creek 18 intended to serve the neighborhood It's the people that 18 Road 19 live there already 19 So, although, they are hue statements, 20 MS GOURDIE Are you fomlhar v/lth the piece 20 they're tree in thc long term rather than in the short 21 of property off of Teasley end 1-35, winch has the Wren 21 term One of the things that the study dad -- well, first 22 Dixie and the gym and the Blockbuster and -- is that 22 of all, the ongmal Tenslcy Lane comdor study made an 23 coreparable to what you're requesting to put on tins piece 23 assumption that there would be possibly up to two of these 24 of property7 24 centers And it made thc assumption that those centers 25 MR RATLIFF rmnot fanuharwlththat one 25 would bo located m an areathatlookcdsometlunghke Page 70 Page 72 1 I'm sorry I don't know that one 1 this on the map meaning that those centers could occur on 2 MS GOURDIE Thank you 2 Teasley Lane between Hickory Creek and Ryan or even 3 MR MCNEILL Other questinns? Thank you very 3 anywhere along Ryan Road or Hickory Creek Road So when 4 much Is there anyone in the aucheoce who would hke to 4 our consultant looked at especially the 2004 seanano, and 5 address either one of these issues? Anyone m the 5 actually this is the map from tho 2004 sceuano wath this 6 an&once who would hke to address either one of the 6 oval running east and west, it dad slgmficanfly lower the 7 issues? Con'umssloners, do you have adtht~onal questions? 7 amount of traffic on the north end of Teasley Lane, made a 8 Staff, would you like to make closing comments~ 8 minor difference in the traffic along the central part of 9 MR GRAY David Salmon nllght have a few 9 Teasley Lane But at really made th~ traffic jump up on 10 comments I just wanted to point out real quick if I can 10 Ryan Road and Hickory Creek Road 11 find It regarding grocery stores and the size thereof We 11 And, of eom'sc, the same an thc 2016 study 12 chd an Inventory of grocery stores about a year ago, and 12 It was a very senflar type of thing Then what our 13 we discovered that, indeed, there are thr~ or even -- 13 consultant looked at and it's Danny Cumnungs, what he 14 three or four ~fferent catagorres of grocery stores 14 looked at then was, well, what if we make sure that we 15 because all the square footage generally falls Into a 15 don't put those centers on Ryan or Hickory Creek, but we 16 certain category Of course, there's The Cupboard, winch 16 makc sum that they front on Teasley Lena So hc drew a 17 Is more of a specialty store, so it's only 16,000 square 17 new oval running north and south Basically, what the 18 feet And then there are the -- the srealler grocery 18 study says is that solves the problem on Ryan Road and 19 stores hke the Piggly Wlggley's and the Food Lions, 19 Hickory Cl~k for the most part an terms of, you know, 20 winch, of course, are vacant now which are anywhere 20 reducing the amount of traffic on those, but tt dces bump 21 betwean 20,000 squarc feat and 33,000 square feet We 21 the tmffic up on Teasley Lane tu some extcet So, I 22 would classify those as neighborhood grocery stores And 22 guess, that's where staff gets its conclusion ts that for 23 then there's a larger t~er of grocery stores, which 23 the tame being adding two casters on Tensley Lane 24 include the Albertsons and the Kroger, which is anywhere 24 considenng that them are no curt'ant unprovements 25 between 67,000 square feet to 43 and a half thousand 25 probably ts not a good idea, although, one may be okay THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 46 CondcnseItTM Page 73 Page 75 I What led us to beheve that maybe south would I as far as I know, there weren't any negative comments from 2 be better than further north is the fact that Hickory 2 the City on the study, or thc comments I got back They 3 Creek Road is already programmed tn our tip and should be 3 d~d recommend some turn lanes and I think that's part of 4 under construction, hopefully, by late th~s year, to a 4 the solution to the traffic situation on Teasley Lane My 5 four-lane divided anyway And, ulmnately, is going to be 5 study dealt with the projected traffic from the retud 6 a s~x lane divided whe~ Ryan Road ~s currently not 6 center from the proposed center and the existing traffic 7 programed at all and, ultunately, is really only supposed 7 on Teasley Lane I did capacity analysis The 8 te be a four lane thvlded road The statements that Mr 8 lntersectaon of Teasley and Ryan Road was shown danng the 9 Rathff read are true Whea yoa get to 2016 and all of 9 afternoon -- the peck haur, which is the l~gbest beur for 10 these anpmvements have been completed, then w~ think it 10 trip generation for retail center, that u operated what 11 would bc reasonable and our consultant agrees that it 11 we call level of secvice B And I know you've heard level 12 would be reasonable to have two different locations or two 12 of service several times And so it operated 13 of these centers in this area along Teasley Lane and that 13 sat~sfactordy 14 it wo/~ld actually make a minor lmpmvemeat in the traffic 14 I had recommended a southbound nght turn lane 15 onTeasleyLano AndIwasjusth'ymgtolandofputit 15 commg off Teasloy to turn nght to go to the~ weston 16 in a nutshell so you would understand why our 16 Ryan Road The staff and I believe the applicant agrees 17 recommendation is what it is 17 with some additional turn lanes on the driveways off of 18 MR MCNI~ILL In thecurrent proposed zoning 18 Teasleygomg~nto therctad center and really the 19 down through there, I hstcned to C~ty Council wben this 19 capacity of a roadway is determined at that s~goahzed 20 came up, and ! remember there was some con. cern on several 20 intersection because that's where -- if you have a 21 of thc couocllmembers' parts that undc~ thc current 21 roadway, you know, two lanes or whatever it is, there is a 22 scenario about the only thing you could put up and down 22 certain limit to die amount of traffic on that roadway, 23 TeasleyLanewere7-Eleven's Sothisisamovemeattu 23 but the hantmg factor is that mtersectlon Andifyou 24 put some ne~ghbarhood centers m there whe~ v~ could have 24 can make that intersection work by adding turn lanes, turn 25 some folks, stop them from driving up to 1-35, which ses~ns 25 lanes, for example, off Teasley into the driveways going Page 74 Page 76 1 to make a lot of sense to me because I buy the argument 1 rote the retad center, then you're not doing that much 2 that tf you have these centers tn there, people are not 2 damage to Teaslcy Lane with the traffic that's generated 3 gems to go all the way up, we're gems to take traffic 3 out of thc retail center 4 off the north end of that thing even under the currant 4 And I think Bennett was correct on -- in the 5 scenario And I guess I also subscribe to the belief 5 report as I recall, this piece was considered to be single 6 that we kind of operate under the baseball phenomenon 6 family res~deatial, when, indeed, tt would generate 7 here, the raovte, we don't butld it and they come They 7 somewbere - I haven't run the exact numbers, somewhere 8 come and then we budd it, unfortunately 8 around 6,500 trips a day with its current zoning And 9 And we now are m a scenario where they're 9 we're mcxeasmg it 1,500 to 2,000 tops a day And a lot 10 gems to have to budd Tbe State ~s gems to have to add 10 of those tops, what Benn~ was tulkmg cheat, what we 11 these Inghways What's the projection now for Teasley* 11 call pass by tops, and I think just as e eit~en I'm 12 What's the eerhest projection? 12 going to take my hat off as a traffic engnneer and be a 13 MR SALMON The earhest projectton of 2006 I3 citizen If I'm on my way home from work, I will stop by I4 MP. MCNEILL Okay Very§cod Commissioner 14 that grocery store You wdl stop by wben you pack up thc 15 Rtsbel 15 leds and go do thc weekly grocery shopping If I'm going 16 MP. RISHEL I'd hate to see the Hunts 16 to step by a cleaners, I'm usually on my way home or on my 17 engineer Jack Hatehell not have an opportunity to defend 17 way to work or -- there's some other mp that I'm taking, 18 hunself It sounds l~ke they'd rather use our study than 18 so I'm already out them on the streat and when you add me 19 Ins study so I want to hear what Mr Hatehell's feelings 19 as a retail top to go to thc center, yea're double 20 are on what the dtfferencc between Ins study and the 20 counting me You're saying I'm out them twice, when I'm 21 Ctty's study, if they could kand of summarlzc those for 21 only out there once and I just reakc an m~wmediate stop 22 me, I'd l~ke to know where they differed I thdn't get a 22 So my traffic study shaw~xi that thc 23 chance to, read your study all the way 23 intersection and the site would work That was not 24 MP. HATCHf~LL Coram~.sSlcoer R~sbel, Jack 24 addressed ~n the traffic study that Danny Cunmungs thd 25 Hatehell, traffic consultant I prepared the study, and 25 His was an overall picture of.lust 24 hour traffic on THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 47 CondcnscltTM Page 77 Page 79 1 Teasley Lane where I got down to a detailed analysts and I calculations I can't recall without going back ~o the 2 tt did show it would work 2 report Normally, what I will do is I yah project thc 3 MR RISHEL The primary highway, that ts a 3 increase in traffic out to the tune the shopping center ~s 4 State htghway, is that correct? 4 going to open I know I have done some studies on Teasley 5 MR HATCHELL Yes, str It's a farm to 5 Lane where we took into account all the development that 6 market road 6 had been approved along Teasley Lane at that time So the 7 MR RISHEL SO what Is the total dedication 7 answer to that question is yes 8 wtdth that that vail be eventually, ts that 120 foot? 8 MS OOUROm so yon'ca assuming this 9 MR RATCHELL If it's a six lane dtvtded it 9 development, if it's approved vail be up on line when~ 10 should he 120 feet of right-of-way 10 MR .A'rCHELL l was assummg it would be up 11 MR RI~HEL Okay And that's part of your 11 on line, I think, within a two year period - 12 plan as you have represented tt now, right? 12 MS oouaom so 2003 when we have only maybe 13 MR HATCHELL Yes, sir 13 700 homes up and we're still anticipating 3,000 more to 14 MR RISHEL And the other street that's 14 come up and your traffic count no longer -- it's obsolete 15 uvanediately north of that, that ts Ryan Road? 15 at that time is that correct? 16 MR HATCHELL Yes, air 16 MR HATCHELL NO, there wasn't 3,000 17 MR RISHEL ~nd the dedication on that ts 17 Normally, you'll assume - and I'd have to go back to thc 18 total amount? 18 study -- 19 MR HATCHELL Four lane divided, I can't 19 Ms OOURDm. well, I know. but since you've 20 recall what the right-of-way is 20 bean here, trust mc, thc rest of Teasley is pretty much no 21 MR RISHEL 90 foot 21 longer an equestrian center It's not what it was three 22 MR HATCHELL IS It 90 foot? 22 years ago it's now all rooftops So that's my whole 23 MR RATLIFF We've shown on there what the 23 concern is when I hear traffic counts I find them 24 City told us they needed 24 laughable because it's not -- it's an liluslonary number 25 MR RISHEL 90 foot, ts that a -- shake your 25 It's not a reahty number So ! appreciate your time but Page 78 Page 80 I head Okay Thank you very much I from my prospective, when your place is up and running and 2 MR. HATCHELL I would encourage you just as a 2 we've got 3,000 rooftops, well, the traffic is a different 3 side note that -- because I've dealt with flus, I've spent 3 scenario, just as -- and to bring it into perspective, 4 ten years m and pardon me for saying Plane, but I spent 4 five years ago, when Wlndnver didn't exist or the Beaser 5 ten years on the Plane City Council and prior to that on 5 estabhahmeat, everyone thought tha roads would be 6 the Planning Conumssion, I would encourage th~ City to try 6 adequate And they permitted all these homes to come on 7 to work vath TXDOT to speed up the constructiun on the -- 7 and now we realize that that wasn't such a good idea 8 lmprov~m~nte on Teasley I think that -- I know what we 8 because now w~'ro wamng at hghts, thre~ or four lights 9 found and, here again, I hate to talk about a C~ty I've 9 to get off of Lflhan Miller because we did not th~nk 10 been involved with and bnng m another City But ~t's 10 ahead and anticipate what 1,000 homes would do to this 11 been succmsful if we come to the table with some money, 11 httle road 12 they move you up on the priority hst and it eau be done 12 And I think that's what we need to do is we 13 quicker So just a sida comment Thank you 13 have a reshty issue that conflicts with the number issue 14 Ma MCI~ILL commissioner Oourthe has a 14 And that's the only reason why I'm questioning the 15 ques~on and then the apphcant would like to have a 15 existing traffic 16 rebutlal 16 MR HATCHELL [ m not going ~ argue with 17 Ma OOURDIE idohaveaquestionconcermng 17 you Could l add a side har to that? I'm an atturcey so 18 trafficeoants It alweys faseina~es me that the traffic 18 we talk about side bars And I think the mam bcneflt iS 19 count is done on existing traffic Is there any 19 and I agree w~th you, adding meca home.s, you've got more 20 computation that's added m there for the ~xtra, the 20 work trips, and you've got moro people out on Tcasley I 21 Ashton Homes, the Wheeler Ranch. the - every single 21 tlunk the benefit to any retail center particularly if ~t 22 d~vclopm~nt that's going to be bnng~ng on hno vath~n thc 22 I know it's tagged as a community center, but ~t's 23 next thr~ yesrs, tho 4,000 homes? 23 really more of a neighborhood It s~ve.s several 24 MR HATCHELL. T~ was SOOIO -- yes, ma'am 24 neighborhoods, but it's kind of like a neighborhood 25 Tho ansv~r to that quesllon is, yes, there was some 25 center It keeps traffic from making too many ~nps on THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 48 CondenscItTM Page 81 Page 83 I Teasley because now to -- you know, when: do you go to the I MR RATL[FF It'S certainly not as good A, 2 cleaners If you live down thoxo? WHm do you go to the 2 let's put it that way 3 grocery stOre? So, in essence, it's keeping thc traffic 3 MR RISHEL Thank you, Mr Rathff 4 kind of locahzed without putting out increasing traffic 4 MR MCNBILL IS thiyce any -~ yeah We 5 on Tessley, tH long sections 5 haven't closed the pubhc heanng So I bchevo I will do 6 Ma OOURDIE Thank you 6 that at this point I will close the pubhc heanng 7 MR HATCHELL Thank you 7 having heard from the applicant and staff, do you have 8 MR MCIqE[LL isn't It a fact that the haps 8 additional comments? 9 am shorter m addition is what you're saying there? 9 MR GRAY I don't tlnnk staff has any 10 MR~ HATCHELL TH haps are shorter 10 additional comments One thing I would point out just an 11 MR MCNEILL Because you don't have to go as 11 interesting thmgis that no alcohol would be served at 12 far to gct tho sexvlce that you're talking about 12 this site This is outside of thc 1977 local option linc 13 MR HATCHELL YOU don't have to go as far to 13 so I don't know ff that makes a big difference m terms of 14 get the s{,n'vmc 14 taps and the amount of traffic and purchases there but 15 MR. MCHEILL vorygood Thankyou I 15 untll we have another local option eleCtlon, tlusslte 16 believe the appheant would hke to have a rebuttal here 16 would be dry 17 MR RATLIFF tf I could follow up with a 17 MR RiSHEL NeVer Senti alcohol at a 18 couple of things, not -- with all due respect to tho 18 Whataburger anyway 19 staff, I'd like to read a couple of sections from your 19 MU MCNIiILL It couldn't sell hquor at the 20 consultant's report And I'll paraphrase a h~e bit 20 grocery stem is what -- 21 justmthelssueofbrevity Of speclfic concern, are 21 MRORAY tteouldn'tsellbenrorwme 22 threc segments of Teasley that am shown to operate at 22 MR MCNE[LL okay Comnussioner Oourd~e 23 serviceoflevelFdunng 2004 both with and without the 23 MS OOU~OIE Do you know the pmperty at 24 activity centers From Lflhan Mailer to Robinson Road, 24 Teasley and 1-35 with Winn Dixie, Appleben's, that corner, 25 the F level of service significantly decreases with the 25 with the Blockbuster, are you famthar -- Page 82 Page 84 I addition of activity centers Traffic volumes, I MR ORAY I know of that comer 2 themselves, decreased by 27 percent That's m 2004 2 MS OOURDm DO yOU have any idea what size 3 accnrchng to your consultant And that's with the 3 piece of property that might bn, how many ac~s that m~ght 4 addmon of an activity center in that period 4 be? 5 In h~s summary, H also says ~n thc short term 5 MR ORAY I wouldn't off thc top of the head 6 and H's -- H's speaking in his summary closing - in the 6 Wc could get that information for you, but I wouldn't havc 7 short term, the lmpl~cnentation of activity centers m thc 7 that ~nfommtion hero 8 Teasley Lane Comdor would seem to have an overall 8 MS OOURDIE Because, I mean, we're dealing 9 bennf~cial traffm m~pact to the strut systora There 9 with 14 acres is what thc plan ~s and I'm assuming that 10 would be locaaons of poor serwce levels, but by the year 10 piece of property is around 10 to 11 acres and that's what 11 2006 these should all ihsappear Again, he's speaking of 11 they're proposing is that land of multi-use- And, 12 the 2004 tO 2006 window, not the 2016 That's where we're 12 although, Wren Dixie is smaller per se, I would like to 13 get~mg our agreement with your study is that, yes, 13 have that information, but I do know that they want a 14 there's a lot of benefit m 2016 I agr~ completely, but 14 decision tonight, so that might not come to pass So if 15 your own consultant says that an activity center of this 15 you could for me find out what that -- bcceuso that's kind 16 natu~ will actually unprovc tho system prior to the 16 of what I'm somng in my mind when I have them talk to me 17 construction of a six lane thoroughfare 17 about grocery store with convenience areas 18 So I just wanted to make sure that y'all 18 MR ORAY We can get that information 19 understood that's whom I was getting my mformatmn 19 MS OOURDIE okay Thanks I lost my notes 20 Ma lusnnt. And level F traffic does not mean 20 On ahead 21 failure, is that correct? 21 MR O~Y { have no further questions or 22 Ma RAT[IFF YOU know, thorn's levels A 22 comments I can tell you that the Winn Dlx~c on that site 23 through F 23 is 45,000 square feet I can't tell you anything else 24 Ma RISHEL It's failure on that road, w~ 24 about that site 25 know that? 25 MS OOU~OIE. AIl nght Thank you THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 49 CondenseItTM Page 85 Page 8 l ] MR MCNE[LL commissioners, lot's sec -- so I to make th~s work But I also think that good design will 2 I've closed the public hearing for both Item 10 and 11, 2 mmgatc the intensity by having good lnte~cnal c~rculat~on 3 and v~'reluow ready to hear from Commissioner Moreno 3 and st~ll screomn8 parking fields with buildings up close 4 MR MORIiNO yeah In thmPang about Ms 4 to thc road and thc landscaping and such 5 Oourdie's~questtonaboutthoApplebec'sandWmnD~xieaod 5 MU MORENO okay Thankyou 6 the C~CI's, Pizza and all of that stuff that's m them, 6 MR MCNEILL when you said n would not meet 7 would this s~t~ ¢~'on resemble that g~ven today's 7 the interim regulations, you're not talking about tins 8 standards, development standards and so forth? 8 proposed pro.~ect hero7 You'rc talking about the Wren 9 MR REICHHART It shouldn't 9 Dixie site? What are you talking about wouldn't meet the 10 MS OOUImIE DO you mean resemble as bmldmg 10 ~ntenm regulat~ous? 11 structure 0r resemble as stuff, merchants? 11 MR RE[CHHART Elthf~T of them, but the 12 MR MORENO AS far as relative lack of 12 original plan - I mean we haven't really sunk our teeth 13 laodscapalg, the parking areas that kind of blend into one 13 into their s~te plan yet because, you know, there's no 14 another 14 need I don't think we even have the appheaeen, but, I 15 MR McNaILL Are you talking about thc s~tc 15 mean, w©'re looking at land use ~ssuea qmto honestly 16 whare Wlan Dixie ]s or whom Kroger ~s? 16 right now and then the enmprehenslve plan amendment as 17 MRMORENO wmnDmie 17 oppusedtoapprovmgasitoplan AndIdon'twantto 18 MiL MCNEILL YOUth, you mectioncd you said 18 comment -- I really shouldn't comment on it -- until ~t 19 ClCl's Pizza and there's no ClCl's Pizza by Wren Dixie 19 gets it's brought forward 20 MIL MORENO It's a pizza place 20 MR MCNE[LL tn fact, that's not an ISSUe 21 ,vis nOURDIE. Lltt~ Caesars 21 before us It's a zoning issue and a comprehensive plan 22 MIL MORENO Little Caesars I'm sorry, 22 amendment is all we're really talking about Oo ahead 23 Little Caesars 23 MS P. ATCLI~ one of the things I did want to 24 IVliL MCNI?.ILL staff has a comment 24 point out, the difference between tho two developments 25 Ma ORAY The plan that they have right now 25 that you're mentioning, the Wlnn Dixie and the Applcbec's Page 86 Page 88 i does not meat the interim regulations I is that the proposed development by this applicant would 2 MR REICHHART For one example, even the -- 2 have more drive-through type uses The oth~ development 3 which la a dstml on the Comprehensive Plan Site, and I 3 does not have any dave through type factht~es 4 don't know If they got their varmnces for those curb 4 M~ MOaUNO Dave-through as in fast food 5 cuts, additional curb cuts or -- 5 t~taarants -- 6 MR RATLIFF YOU can't see it on th~ screen 6 MS RATCLIFF Restaurants, banks - 7 there but ,you'll see the variance or the note hare that 7 Ma MORENO banks, tlungs of that nature 8 mthcates,that the variance is to ha obtained for access 8 MS RATCLIFF and service staUon Just 9 dave We're m the process -- we're up m front of the 9 wanted to bnng that to your atientien 10 Traffic Commission m April 10 MR Mc~mL~. But that's not really part of 11 MR REICHHART The -- but they am proposing 11 the issue at this point, is it? 12 -- and that gets IntO Slte plan xssues whmh isn't really 12 MS RATCLIFF That is correct 13 Just stnc~ly land use ~ssues is the orientation of some 13 MR MCNE[LL Yeah ~ Gu'ay 14 of the builthngs and parking lot fields and those type of 14 MR ORAY I have no further comments 15 things I,thxnkthay'restaymgwxththePD, soa 15 MRMCNEILL okay Commlsslonexs, doyou 16 detailed plan would have to come back 16 have questions for Mi' Gray? Okay Thank you vex'y much 17 MR MORENO I'm Just trying to get a sense of 17 Cunurassioners, we need to consider Item I 0, first, I 18 whether tt would be as mtanse for lack of a better word 18 think, and then Itean 11 So is there a motion or 19 as that particular szto that Ms Gourdte spoke about 19 additional discussion on the zoning plan for tha southwest 20 MR REICHHART I think that the mtens~ty m 20 comer of Teasley Lane and Ryan P, oad? Commission~r 21 going to be a function of how creative they can get with 21 Oousthe 22 landscaping and parking and c~rculation and still be able 22 MS ~OURDIE Number 10's concerning changing 23 to get on that mtn what they want to wh~le meeting our -- 23 it from -- 24 the mteni~ of our new regulations So I think wth good 24 M~ MC~mU cor~ct 25 design they could do ~t, have the lnt~slty that they need 25 MS OOURDm okay So it's to community TIlE PLANNING AND ZONING COIV~VlISSION MARCH 14, 2001 50 CondcnscItTM Page 89 Page 9 l I nuxed us~, correct? ! sold yet I have seen what happens to roads that are 2 MR REICHHART NO Number 10 would be emend 2 unproperly developed with stuff around them And I think 3 the concept plan to allow the community shopping center 3 It would be very unwise for us to torture the new 4 MS OOURI)IE I'm not reading that I don't 4 residents five years from now as we've done with some of 5 see that 5 the residents on that road who are feeling very put out 6 MR SNYDER LaiTy, shouldn't they take up No 6 that we didn't plan ahead for them 7 11 first JUst smce it's the Comprehensive Plan or does It 7 So being that they would hke a decision made 8 make any dtffereoce? 8 and I'm going to -- based on a fading traffic report, a 9 MR REICHHART well, I tlunk the intent of a 9 failing convincing argument as to why we need to make it 10 community shopping center could be m question, but, I 10 such a large building and I believe that tbas really is a 11 mean, it's really to allow the uses as identified on the 11 neighborhood area with existing homes that deserve to be 12 zoning plan and we can go over those and what lunttattens 12 treated as a neighborhood, not as a large new development, 13 if any, am on those, if you want to make that clear 13 which is what I tlunk community mixed use is really for is !14 MR MCNEILL SO what we're talking about 14 for a large new developments where there aren't exmting 15 emending, ts under the -- not under the new ordinance but 15 people that have already decided that they'd prefer to see 16 under the existing interim ordinance, the planned 16 the land open And being that way, I'm going to move to 17 development to allow the construction of a community 17 deny cA co eel 18 shopping {~'nter? 18 MR MCNEILL Two 19 MS GOURDI£ okay Under a PO? 19 Mg GOURDIE Deny 02 -- oh, I'm sorry I 20 MR MCNEILL Right, because tbe~ is an 20 thought we smd we were doing 11 flrst 21 extstmg PD them that would allow cemun activities and 21 MR MCNEILL It is 22 we're golrlg to emend that to allow additional functions m 22 MS GOURDIE oh, well mine says 1, okay 23 that particular location 23 MR MCNEILL The agenda is different from the 24 MS GOURDIE okay You're saying additional 24 -- which is tt staff? 25 functions, so they're taking away -- the multi-family can 25 MR REICHHART The Agenda is correct then Page 90 Page 92 1 sullcxistmth-ere? No So thoy're -- bccause the I MS GOURDIE Okay Thcn I'm sorry I'll 2 formervohadageneralmtallandmult~fanuly So 2 repeatthat I move to deny CA 00 002 3 thay'ro saying we don't want to have anything to do vnth 3 MR MCNEILL We have a motion to deny Is 4 the general retail or the multi-family, we want to go for 4 there a secend9 5 commermal? 5 MS HOLT second 6 MR REICHHART Can you go over the 6 MR MCNEILL Mot. ton has been made and 7 hnutaUons -- 7 seconded Is there any discussmn? Cormmssloner Rishel 8 tv~ oanY Yeah, I would just point out real 8 MR RISHEL I would hke to learn a little 9 qmck that, first of all, Mr Powell has sugge~t~l that we 9 blt more about what's going to happen m this area I 10 consider the Compr~honswe Plan Amendment f~rst Also, 10 flunk it's -- I would like to see this piece of property 11 and I do ne~l to bnng to your ettent~on that if you want 11 developed I'd like to see people comfng from Connth and 12 to send this zoning plan forward you do have tho ability 12 Lake Dallas into Denton to shop And I think this is a 13 to recommend hmitatmas and condmons as it relates to 13 great opportunity to do that But I totally agree with 14 uso, land ama, bmldmg sise, set backs and tha hl~ 14 where we are at flus stage that we'd like to find out 15 tls ~ota~ola. oh, I halo t~o's They are 15 other meehenisms for Improving this area as soon as 16 still so fresh They just don't go away 16 possible Lrke the developer, I can see sttuataons where 17 MR Mc~.mm[ so what we'r~ suggemng hea'o Is 17 people come from the north side mto tlus development and 18 that we rake up Ilom 11, which ~s the Compreheeslve Plan 18 take a httle blt of the pressure off of the Teesley, 19 Amendmmt from a n~ghborhood center to a commumty mixed 19 1-35, 288 area that we have there 20 me center Then having done that, then we could come 20 So I personally think that flus ts a really a 21 back and 10ok at tho It~n 10 Okay So we need to either 21 good spot to be developing a shopping center, I would just 22 havc discussion or a motion to amend the Comprehensive 22 Ixkc to see somcttung that nught be a little blt more 23 Plan Comnuss~oner ~oarthe 23 compatible and a httle softer maybe with the rest of the 24 Ms Ooum~. I'm m one of those sitoaUons 24 neighborhood and the rest of the area out there, although, 25 whet* they,want a de,talon and I'm not I haven't been 25 I think It's probably the right general stzo,-lf we could THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 51 CondenscltTM Page 93 Page 95 I work w~th that and work with tho landscaping and thc rest 1 And I would hate to see any new penplc moving 2 of the things that we see there as something that will 2 into town and I would also hate that if thc roads men t 3 work for gs as a community, I think that this has a real 3 expanded to tho full capacity, we're not going to have 4 good change of being scm©thing that would bo a very nice 4 those homes sold, those Wheeler Ridge, and Ashten Homes 5 development 5 because people aren't going to be able to get to them 6 MR MCNEILL cormmssioner Holt 6 because the traffic is going to be so bad We're then 7 MS HOLT The reason I seconded the denial 7 going to have homes that are just sitting the're, no one s 8 is, eno, Teasley Lane is just impossible at this pcant 8 buying them because they can't move in tins pan of town 9 And I think if we put a big grocery store type ennter en 9 It's a, yen know, It's just one of those thmge where 3on 10 it, that's a,totally different traffic than if we put a 10 see things happening, if traffic is not going somewhere 11 smaller negghborhend center on it, which is what it could 11 why would I buy on th~s side of town? I mean, I henestl> 12 beanw AndwithKyanlRoad, there's no tolhng when 12 - I'm very uncomfortable bcmg on this sidc, thesouth 13 that's going to bo widened and Hickory Creek is already on 13 side of town 14 tho b6oks to bo widened So it just looks like that 14 Tho traffic is getting to thc point where I'm 15 traffic-wiSe that would ha a raore logical place to go 15 starting to look at othoc places that if I were to move 16 And I just don't see putting a big lmsy eentea' with a 16 I'd rather go somewhere where I know that I know ~hat 1 m 17 large groc~ry store and a hank and a lot of trafflc thinge 17 gomgtogetmto Amdemnkesabigthffereece lean 18 driva-m bank, drive through restaurants on that 18 walk to Albertsons That's a half a mile, and I don t 19 particular ,site 19 mind walking to Albea'tsens, but I think that if we're 20 MIL MCNI~ILL Tho property that this. 20 going to do it, lot's do it right and let's put it further 21 Commission approved down at Hickory Creek, what size did 21 down south where we can get the people from Connth 'a ho 22 wc approve? What size grocery store was that? Does 22 aren't going to decide just to hop on the freewa~ to get 23 anybody remember? 23 back homo instead of taking Swisher or 2181 back home I 24 MR REICHHART [ thick it was in tho high 50s 24 just - I think that - what keeps going through my nund 25 if not low 60s I mean, it was a largo grocery store 25 is that s~,n, location, location, location And that's Page 94 Page 96 I MR MCNI~ILL 80 it's tho same size as tho I what lt)s all about 2 one -- 2 And tf we become u detriment to the community 3 ~a m~zcm~aT i think almost all of tbom are 3 because we did not put a grocery store tn thc right 4 loolnng about the same size I think the site was a 4 location, we destroy the whole neighborhood and I think 5 httle blt bigger I think it was 17 acres 5 lmlo is a very good point if everyone is recommenclmg 6 MR MCNEILL But ~t's a mile south from here 6 let's go to a street that's going to bo widened to slx 7 MR OaA¥ MS Hudson informed me that it was 7 lanes divided and it has proposals and It has money and it 8 a 55,000 square foot proposal 8 has fnndmg, lot's be -- I would prefer to be the smart 9 Ma MCN~ILL which is in the same 9 developer or the smart planning and zoning commissioner 10 neighborhood, same size relatively -- 10 and say this Is what we need to do as tho right choice for 11 MR ORAY yes 11 Denton and that's why I tlunka male makes a big 12 MR MC~EILL which we voted on, as I recall, 12 difference in my own personal opinion 13 7 0 to seqd forward So what am we saying here that if 13 MR MCNEILL Thank you Commm~oner Moreno 14 wegoanlllenerthweden'thkeit, Commlssiener~? I'm 14 MR MORENO Aquastlon forstaff, fl'this 15 just aslang tho Comansslan a question Contrmssloner 15 requast Is denied what could be bruit there today~ Tell 16 Oourcha 16 mo again 17 Ma OOURDIE lhave an opinion Not that I 17 MR GRAY Nothing could bo built there today 18 don't nke it and I behove thom is a need, but from what 18 without an approved detailed plan 19 I'vcsecnmthasovenyearsI'vehvedhem, whenlftrst 19 MR MORENO Sayagaln 20 came hcr~ Ldltan l~ller was a two lann road It became 20 MR GRAY Nothing could be built there today 21 four lane divided medmn within a year after I moved hero 21 without an approved detailed plan 22 And then we brought in Wmdrtver and the whole community 22 MR REICHHART R'S got approxunately I think 23 changed dramatically And now six years later, we have 23 It was 7 acres or so of multi-family at 17 units per acre, 24 people from Wmdrlvec veey upset with the cholnes that 24 and then, I tlunk, there's like four acres of general 25 were made, very upset 25 retail I mean, that's what the existing concept plan THE PLANNING AND ZONING COIVIlVlISSION trIARCH 14, 2001 52 Condcns¢ltTM Page 97 Page 99 I today, blit if you recall it wasn't that long ago that that I something developed there, but not with such a huge 2 plan -- an applicant did come forward with a multi-family 2 intensity And I don't flunk a commumty grocery store is 3 development and it was denied by -- 3 really the answer 4 MR MORENO l~nl¢~l by Council 4 But, I think like Mr Rlshel smd, the 5 MIL REICHHART well, I'm not sure if it was 5 neighbor ~s starting to warm up to something, but we need 6 dented by P&Z too, but It was demed 6 to find out what ~t is that really fits m that p~eec of 7 MR MORENO Was denied? Okay Thanks 7 land instead of trying to bloat the land w~th something 8 MR MCNEILL Okay So we have a motion on 8 more than :t really could use So, therefore, I would 9 the floor to deny modifying the Comprehensive Plan Is 9 hke to make a motion If anyone else doesn't want to 10 there any additional discussion or am you ~ady to vote? 10 talk 11 MR RISHEL I'd just hko to make an 11 MR MCNEILL. SO tho floor is open to a motion 12 observation 12 on Item 10 Is ~ a motion? Commissioner Goordle 13 MR MCNEILL GO right ahead 13 MS OOURDIE I move to deny zP 0o o17 14 MR RISHEL Because we've had tiaa property 14 MR MCNEILL iS thom a second? 15 before and some substantial ne~ghborheod concerns m the 15 MS HoLm second 16 type of format we had put it forth and I'm -- I JUSt want 16 Ma MCNEILL Mut~on has been made and 17 to comment that I see very little neighborhood opposition 17 seconded Is there adthtmnal d:scasslon on this ltem~ 18 to this And so I'm promising that it's -- I see things 18 Are you ready to vot~? Vote on the board, please Motion 19 that are moving in the right direction And I appreciate 19 passes 3-2 20 the builder trying to keep the people tofo. treed, the 20 (COMMISSIONERS MCNEILL AND MORaNO VOTINO tN 21 developer, and I thnk that the people have been much more 21 OPPOSITION) 22 responsive to what we have here And I could see some 23 Improvements that could be made to it that could really 24 make tt acceptable 25 MIL MCNEILL YeA~h To follow up on that, I I was walking that neighborhood here a couple of vn~cks ago 2 and that comment was made by some of the pecple where I 3 knocked on the door They l~kcd th~s much better than the 4 mulu-f~m~ly that had been proposed for that 5 ~ RISHEL But I appreciate them letUng it 6 stand on its own and ~ts own m~nt 7 MR MCNEILL All nght Add~Uonal comments 8 or are you ready to vote? Vote please on tho board 9 Motion passes 3-2 10 (COMMISS[ONIL~S MCI~EILL AND MOP, ENO VOTINO IN 11 oPPosrnoN) 12 MiC MCCALL NOW, wn nccd to take up Item 10, 13 to emend tho planned dcvelopmoat to allow thc construction 14 of a commtmliy shopping center here And mn'ye heard 15 thscussmn We've closed the pubhc heanng Do you have 16 eddmonal questions for staff or do you have additional 17 comments7 Commiss~oacr Oourd~e 18 MS ooUROI~, I JUSt want to say on page 8 of 19 thc backup, table 2, ff you look at the year 2016, must of 20 these reads arc si~ll E, F's and D's, which anything below 21 a C ~s piety bad according to thc Highway Capacity 22 Manual, mb,ch they get these grades from this So it's 23 JUSt Pand of in--ting no mailer what wa're going to do, 24 ~t might act prove to be a bcfleflclal thing for the road, 25 so I tlnnk that w~ just, again, I would bke to sea Under tho m~mm togs, the entuc l~rolxn'ty TH~ PLANq~I-ING AND ZONING COMMISSION MARCH 14, 2001 53 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A COMPREHENSIVE PLAN AMENDMENT FOR 13 16 ACRES LOCATED WITHIN NEIGHBORHOOD CENTER LAND USE DESIGNATION, TO CHANGE TO COMMUNITY MIXED USE CENTER LAND USE DESIGNATION, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND RYAN ROAD, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE (CA- 00-0O2) Wt-IEREAS, on December 7, 1999, the City Council pursuant to Ordanance No 99-439 adopted the 1999-2020 Denton Comprehensave Plan (the "Denton Plan"), WHEREAS, The Denton Plan estabhshed, among other things, a Comprehensave Plan amendment reqmrement m the event of a request for land uses that are mconsastent w~th the Denton Plan, and WHEREAS, on November 20, 2000, Jones and Carter, Inc, on behalf of The Archer Company,, apphed for an amendment to the Denton Plan to change land uses for 17 16 acres of land located on the southwest comer of Teasley Lane and Ryan Road as partacularly deacnbed m Exinb~t "A" attached hereto and made a part hereof by reference (the "Property"), fi.om Neaghborhood Centers land use desagnatmn to Commumty Maxed Use Center land use desagnataon w~th the antent to develop a development that ancludes retail, restaurant, and office uses, and WHEREAS, on March 14, 2001, the Planning and Zomng Commms~on recommended demal of the requested amendment to the Denton Plan, WHEREAS, on March 16, 2001, Jones and Carter, Inc formally appealed the decision of the Planmng and Zomng Corniness, on to the City Council, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Denton Plan as hereby amended to change the land use desagnat~on for the Property from Neighborhood Center to Commumty Maxed Use Center The C~ty Council finds that th~s Comprehenmve Plan amendment as m the publm anterest SECTION 2 Caty Staff as darected to change the land use map in the Denton Plan to reflect fins amendment SECTION 3 If any prowslon or the apphcatmn thereof of any provaslon of tins ordanance to any person or c~reumstance as held mvahd by any court, such mvahd, ty shall not affect the vahd~ty of other provm~ons or apphcataons, and to fins end the provts~ons of thru ordinance ~are severable 54 SECTION 4 This ordinance shall become effective immediately from and after its passage PASSED AND APPROVED fills file day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PR?UTY, CIT~ ATTORNEY 55 PAGE 2 EXHIBIT AIl thaC cercain tract or parcel of land situated An the ~1~ Pzcke=t Sur~ey, Abstract Mo. 101~ Denton County, Texas, being par= of a (calledl 117 S acre tract in a deed from Cover C, Stuart to J.T Stuart o~ the 21s= ~ay of JanUary, 1930, as recorded in volume 225, Page S2S, Deed Records of said County, an~ being all of a (called) al.027 acre tract described zn a Deed from B. Thomas McElroy to Mrs. Marcia Stuart savage and Robert Mack Stuart on =he 24th day o~ December, 1975, recorded in Volume ~$9, Page S5~, Deed Records of sai~ County, and being more fully de~cribed aa follows' BEGINNING ac a steel pin on the North line of said 117.5 acre tract and o~ sa~ Pickett Survey shout the ~iddle o~ Ryan Road as the Northeast corner of a 26,171 acre tract ~t of said 11~.~ acre tract at a ~oin= 10~.84 f~e= Eas~ of ~he Nor~hwesC corner of ~aid =racu and o~ mai~ survey; T~ENCE North 89 deg. 42' 49" Ease with the North l~ne of said 11T.~ acre tract and said Su~y in Ryan Road a die,atom of 10=3.11 fe~t to a corne~ on the Wes= Ri~h=-of-way o~ Fa~ ~0 Marke~ Roa~ TH~CE South ~ de~ 49' 4~" East with said Right-of-Way a dis~ance right, having a central ansle of 3~ dog 24' and 00n a chord of South 1~ d~g. 37' 45" ~a~=~ a ~is=anc~ of ~74.09 ~ee=, a 1~87.3 fee~ and an ~rc length of 7~4.50 ~eec to a ~ighu-of-Way post steel p~n mc the Southeast co~er of sai~ 2~.171 acre T~ENCE North 00 deg. 07' 44" We~k, 1100.S7 ~e~= ~o =he p~CE OF 2EGI~ING, an~ con~ainin~ ~n all 31.~1~4 acres og lan~, there Bein~ 0.655~ acre w~th~n Ryan Road, leaving a ~ec o2 ~0.3595 acres of lan~. SA~ ~ EXCEPT ~he following described 17.2027 acres 2440. Page 14 Dee~ Re~ard~ Den~an Cou~ly, Te~a~, whl~ Is e pan of a 117,5 a~. lmct del~d In deed lo J.T. $luan recet~ed ~ Volu~ 225, BEGINNING 11 a P.K na~ In R~an Road, ~Ing the Na~hwe~t comer at said 31 017 a~e tract, I re.carina ~mer or thll ~edaln Sa 671 acre b~cl eel Deed Re~ta~, Patten Count, Texa%, sold p.K ned lying on ~e Na~h 5~l of IITU Plcke~ Su~ey and the South ~ne OF ~l J, F~her Sume~ Abstrl~ No 42~, by deed call ~0~5 ~ feet East from ~m Ne~we~t ~mer of ~a~ 117.~ l~l ~Gt: from ~l~ P.K. ano~m~ No~ O0 deg~el~ 4~ minutes hat, 6,20 Cont~.nued on hex1; pare 56 EXHXBIT - Page Two ~ Hu~.Zolla~a capped steel r~. Gna at F,M H~I~ Na 2161 (I 90 foot.de 250 06 feet to e 515 In~ steal f~ 1 3 feet EIst or I wo~ len~ ~met, feflM, end ~ the ~mmon ~ne baleen tt~d S~aw~ tract ~ s~td 31.0~7 hue (ra~,. dbLlp~ of 1,2gg.~ feat tO I ~ In~ HuTtt.ZoIla~ rod, e 518 4n~ mai m~ ~ Sou~ 47 ~eorees 46 minules We~I, 2 35 feel, THENCE No~h ~ degrees 04 minutel i~e tract, generally w~ a ~sln hnk fence, POINT OF ~EGINNING I~ conlllnT~O 17,2027 ~el ~ Land J \CAD\HUNT\Denton\comprehensive( EXHIBIT B 22 20 200! PROPOSED A.M~NDMENT TO TH ~: DENTON COMPR~.~r~.NSIVE PLAN FOR Tlq-~._TEASLEY COMMONS PROJECT (Teasley Lane and Ryan Road) JUST~'ICATION STATEM~ENT The proposed project includes the construction of a neighborhood grocery store and adja~nt ret~ul uses including such tenants as a video store, hair salon, dry cleaners, small restaurants, otc Pad site uses arc proposed to include automobile fuel facilities, restaurant (with drive thru), and a neighborhood bank as examples Th~s type of facility is needed to serve the south Denton area as the city contmuas to grow Currently the nearest grocery anchored retail centers are located along 1-35E to the north of the h~gh growth areas Grocery retailers find that a major interstate Is a considerable physical hamer to the market area cfa store, thus the grocery store north of 1-35E is not behoved to be serving a major portion of the south Denton area The one grocery anchored center located at the southeast comer of I-35E and Lilhan Miller Parkway is providing the majority of the neighborhood shopping opportunities to ~he south Denton residents Base6 on growth projections/'or the south Denton area between I- 35E and Fort Worth Drive (US 377), the Teasley Lane Corndor is the ideal area for neighborhood shopping fur the current and futare residents ortho area The project site is located along the heart of this corridor The project site is located at the current limit of the developed portion of Denton and will be - centrally located upon further build out of the area A poraon of the site ~s currently zoned for neighborhood eommerelal and has been planned as such for several years The primary deviation of this project from the commercial development originally planned (as indicated by the zoning) ~s the provision cfa grocery store and restaurant with a drive thru COIVIPATIBILIT~' The architecture of this center will complement and enhance the overall quality of the Teasley corridor by using 75% masonry construction with stone accents planed in a well landscaped site The center is proposed to be screened from the adjacent residential development by an 8-foot masonry wall wath adjacent landscaping, and all rear lighting will be d~reetional to avoid glare on the neighbors We propose to lmait delivery hours to mitigate noise affects, working m eon.~unction with the screen wall and landscaping to reduce noise propagation Customer Ixaffic will be buffered from adjacent residents by the proposed buildings and the pad use nearest &e homes is proposed to be a bank or similar facility with limited customer hours WATER The proposed development Is bounded on the east by Teasley Lane (F M 2181), on the ~north by Ryan Road and on the south and west by I-~ckory Creek Heights Currently, Teasley Lane contains one eighteen-tach (18") waterline, which City officials have indicated wall provide sufficient eapaolty and pressure for the site SANITARY SEWER Sanitary sewer service wall be obtained through on existing elght-mch line that runs along the northern edge of Ryan Road City officials, and ealeulahons re&cate that the exlstmg sanitary sewer system has adequate capacity to accommodate the proposed development STORM SEV~ER There is a significant amount of off site drainage whwh traverses this site All oft'site flow will be accommodated in the design of the on site storul sewer system Also, prehmmary calculations mdicste that the exasting downstream storm sewer system may be inadequate to hadle the ex~stmg flow, much less the proposed developed flow The storm sewer outfall will be upgraded accordingly to handle both the existing oiT site and proposed on site 100-year flow FRANCHISE UTIX,IT]]~S Zleetrm The proposed development cm-renfly lies within the service area og two electrical service providers' (a) Denton Municipal Electric and (b) TXU Electric and Gas Existing overhead electric lines are present along the northern edge of Ryan Road In eonjnnchan with the pla'~-mg and development of this property, Denton Municipal Electric will require the dedication o£ two elecmcal dlst~bntlon easements Klong the eastern property line, a twenty-foot (20') easement will be dedioated Along the northern property hne, an eight-foot (8') easement will be dedleated Due to the abundance of electrical distribution facfllhas in this area, the proposed development will be provided wlth adeqnate eleotncal service ~ In conversations with the local service provider, TXU Electric and Gas, it was indicated that gas service would be extended to this site upon the developer's request Tde¢ommu~icattons The proposed development is bounded on the north by GTE telecommunications mfrastructur~ These facilities are located along the south of Ryan Road A~er some discussion with a servic~ representative, it is clear that GTE will provide adequate teleeommnmcatlons service ZONING The property is currently zoned as a planned development with proposed commercial and ruult~- family residential use The proposed zoning is commercial Commercial zoning w~ll allowfor mixed use, which will compliment cortmn goals outlined in the Denton Plan, such as reduced sprawling by lnfill of vacant land adjacent te developed I/md, balance between commercmI~ and ras,denhal land use, provision of convenient shopping for goods and services to multiple neighborhoods, and provision of high quality, high demand services m a needed area LAND USE In accordance with development codes and to conform with the adjacent neighborhood, all structures within the proposed development will have elevations composed nfa minimum of 75% masonry Elevation views are provided for a visual perspective Structures will be situated to m~ximize visibility from the streets and minimize unpleasant views from adjacent properties LiEhtm~ will be d~rect, onal to reduce glare onto adjacent homes All relevant architectural codes w~ll be followed, and neighborhood concurrence with architectural design will be estabhshed prior to cons~uction 6O O/PRO~CTS/HUNT~TBAg.~PT.DOC JONES & CARTER. INC VARIANCE REQUESTS Two variances will be requested for development ofth,s s~te A variance to permit a 58,000 square foot anohor tenant (current maximum is 55,000 sf) will be proposed A v~uaanee for uso of drive~thru faclhtles for pad site restaurants will also be requested ENVIRONM~NTA~ R~PORT Based on a Phase ! Environmental Assessment (report provided), there ~ro no envtronmentally sensitive Issues regarding thls site There is one large hve oak l~ee whtch will be saved and utlhzed as a visual focal point Remaining willows and underbrush which have developed around drainage ways will be cleared CONN-~CTI~I'X'X~ REPORT Access to the site will be obtained from one primary entrance and one secondary entrance offer Ryan Road and two primary entrances and one secondary entrance off of Teasley Lane The secondary enmmees will be used primarily for dehvery of'goods and will be fainted to tmae of use A traffic lmpaot analys~s indicating proposed traffic counts at the entrances is prey;dod 61 JONES_&_ C_ARTER, INC ~ AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 DEPARTMENT: Planning Department CM/DCM/ACM. David Hill, 349-8314/~./~ SUBJECT - ZP-00-017 (TeasleyCommonsZomngPlan) Hold a public heanng and consider adoption of an ordinance approving a Zoning Plan for a 13 16 acre site located at the southwest comer of Teasley Lane and Ryan Road m the City of Denton, Denton County, Texas The property is currently zoned Planned Development 93 (PD- 93) The intent is to amend the Planned Development to allow the construction of a community shopping center The Planning and Zomng Commission recommends denial (3-2) BACKGROUND The applicant has requested approval of a Zomng Plan/Concept Plan to amend an existing planned d~velopment for this site The construction of a community shopping center anchored by a grocery store is proposed ~ The Denton Plan places this property within a "Neighborhood Centers" future land use area The proposed development is not compatible with The Denton Plan The applicant has requested a comprehensive plan amendment for th~s property from a Neighborhood Center land use area to a Community Mixed Use land use area under separate petition (see case CA- 00-002) The proposed development would be compatible with a "Community Mixed Use" land Use designation ~ The subject property is located m the Planned Development 93 (PD-93) zoning district The approved Concept Plan for this portion of PD-93 permits the construction of apartments on 10 acres and general retml on 4 acres ~' Sixty-three (63) property owners were notified of the comprehensive plan amendment request Nme (9) responses have been received, two (2) are in favor and seven (7) are oppossd to the amendment The land area within 200 feet in opposition to the amendment calculates to be 3 75% (see Attachment 1) } This case was originally contanucd from the January 24, 2001 meeting of the Planning and Zoning Commission pending Council discussion &potential locations for Community Mixed Use Centers along Teasley Lane (see Attachment 1) OPTIONS 1 Approve as submitted 2 ApprOve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Planning and Zoning Commission recommends denial (3-2) of flus comprehensive plan amendment ESTIMATED PROJECT SCHEDULE Before development of this property could occur, a ProJect Plan would also need to be submitted for review and approval by Council This property has not been final d and would need to be platted prior to development PRIOR ACTION/REVIEW The following is a chronology of ZP-00-017, commonly known as Teasley Commons Zomng Plan Application Date- November 20, 2000 DRC Date - November 30, 2000 P&Z Date(s) - January 24, 2001 February 28, 2001 March 14, 2001 FISCAL INFORMATION Development of flus property will increase thc assessed value of the city, county, and school district ATTACHMENTS 1 Plannlng and Zoning Commission Report, March 14, 2001, ZP-00-017 2 Plannlng and Zomng Commission minutes from January 24, 2001, February 28, 2001, and March 14, 2001 3 Draft Ordinance Respectfully submitted Director of Planning and Development Prepared by Thomas B Gray Planner I ATTAgHMENT 1 Ao~.~a~O ~L Agenda Itc h~f_ PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO PLANNING AND ZONING COMMISSIONERS FROM THOMAS B GRAY, PLANNER I SUBJECT' TEASLEY COMMONS ZONING PLAN (ZP 00-017) DATE MARCH 14, 2001 CC This case was continued from the January 24, 2001 meeting of the Planning and Zoning Commassion, pending City Council discussion regarding potential locations for Community M-~xed Use Centers along the Teasley Lane corridor City Council held some discussion regarding this issue at their February 27, 2001 worksesslon The conclusions reached at this worksession are hsted m the memorandum from the Assistant City Manager under Attachment 2 We ~e also providing a copy of the Commumty Acuvity Center Impact study that was written by the city's traffic consultant and provided to Council at their February 27,h worksession Staff's overwhelmm§ concern regarding this development is the traffic ,mpact it w, ll have on the Teasley Lane corridor A complete and clear understanding of traffic issues such as trip generation, access, and the range and effect of reqmred improvements such as paving and slgnahzauon is necessary before staff can make any recommendation regarding this development The apphcant has subnutted a traffic unpact analysis (TIA) for this development However, the applicant's TIA was subrmtted prior to the publication of the Commumty Activity Center Impact Study by the c. tty's traffic consultant Staff beheves it is maportant that the applicant acknowledge the recommendauons and address the concerns of the Community Activity Center Impact Study as it relates to the proposed development and revise their traffic impact analysis as necessary WhJe staff is aware of the apphcant's desire to move forward m the comprehensive plan amendment and zoning process, staff cannot make a recommendation regarchng this development without a full understanding of the effect of this development on the Teasley Lane traffic situation Therefore, staff recommends that this public heanng be continued to g~ve the apphcant time to respond to the Community Activity Center Impact study As of March 8,2001, staff kas received two (2) responses m favor of the proposed zoning plan ami seven (7) responses in opposition to the proposed zoning plan Staff has computed the area m opposition to be 3 75% Attachments. 1 Community Activity Center Impact Study - Teasley Lane Corridor 2 Memorandum fromAsslstant CltyManager to Planning and Zomng Conm~ssion datedFebruary 28, 2001 3 Planning and Zoning Commission staff report from the January 24, 2001 meeting City o£ Denton,~Plaunmg and Development - 1 - 221 N Elm, Denton, Tex~ 76201 www catyo[denton eom (940) 349 s3~o f~x (940) 349 r~07 ATTACI{MENT 1 ~ , , COMMUNITY' ACTIVITY CENTER IMPACT STUDY TEASLEY LANE CORRIDOR PURPOSE OF STUDY The purposeof this study, is to quantify the traffic ~mpact result~n g from the construcbon of .two 10..acre.Co_m.m .unity Activity Centers as described in the previously completed Teasley Lane uomaor, Stuay The impact on Teasley Lane has been quantified in terms of traffic volumes.and levels of service for two hme periods the year 2004 (wh~le Teasley Lane Is sbll a two-lane roadway), and the year 2016 (build out cond~hons when Teasley Lane Is expected to be a slx-lane d~wded roadway) COMMUNITY ACTIVITY CENTERS '" In the Teasley Lane Corridor Study two 10 acre Acbvlty Centers were assumed to be included in the study area Two Centers were selected because It was assumed that two would be needed to provide an adequate level of retail services to this area The assumed general location of the Centers in that study has been shown on Figure 1 This area was selected becapse of its central location within the study area and because this location was assumed ~to be able to attract retail customers from the entire study area Construction on the Commumty Activity Centers was assumed to begin in 2004 wth their full ~mpact shown in the 2006 traffic projecbons Page-l- McMATH MS HOBSON I ¢ RYAN , I ~ ~ ~ ROBINSON ...... ~ It ~ AREA SCHOOLS ACTIVITY CENTER LOCATIONS ACTI~TY CENTER S~DY DENTON, ~XAS ~ASLEY (FM2181) FIGURE 1 5. TRIP GENERATION Estimated vehicle tnp ends to and from the study area were calculated uhlizlng trip generation rates and charactenst~cs collected and compiled by the Institute of Transportation Engineers (ITE). Table 1 has been prepared to summanze the associated tr~p generahol3 data and the cal,culated dady trips that are anticipated to be generated by the two ActMty Centers Table 1 Trip Generation Data , ~, ,,,,,,,..,,,j,,, , ._ ,, 20 I 0~ I ~z,.oo 4~e~ ~,~4~ Table 1 Indicates that a total of 9,348 tnps ,~11 be generated during the average weekday by the two 10 acre activity centers To more accurately apply this ~nformahon we need to account for the 20 acres of single family homes that are d~splaced by the Achvity Centers The 20 acres are equivalent to approximately 60 homes which would generate approximately 574 trips per day. This yields a net increase in traffic volumes to be d~stnbuted to the corridor's street system of 8,774 trips per day Page -3- 6 PROJECTED TRAFFIC VOLUMES The 8,774 daily trips were d~strlbuted to and from the study area based on the general locations of the Activity Centers with respect to the nearby streets and roadways, the existing traffic patterns, and the locations of exlstjng retail and commercial areas Figures 2 and 3 have been developed to depict the resulting projected traffic volumes for the two study years 2004 and 2016 These figures were originally prepared for the Teasley Lane Corridor Study Their original projected volumes have been modified and adjusted to show two cond~tions projected volumes without the Activity Centers ai3d projected volumes with the Activity Centers These modifications and adjustments are described as follows Figure 2. The original projections in the Teasley Lane Corridor Study for the year 2004 did not include the impact from the two Act~wty Centers because of the assumption that they would not be fully in place until 2006 As a result, the 2004 projected volumes had to be a. djusted to add the traffic from the two Centers F~gure 3 The original project~ons in the Teasley Lane Corridor Study for the year 2016 tncluded the impact from the two Activity Centers For comparison purposes we removed the Activity Center traffic so that an evaluation could be made of the 2016 projected volumes, both ~th and wthout Activity Center traffic Page-4- ? 21,650 ,' 14o200 11o850 19,050 14,200 HOBSON 2,30O 9.300 9,300 15.700 2,300 15,200 17,700 1.000 6,1 O0 -  5,750 RYAN 6.350 ROBINSON 12,700' 11,950. 7,050 8.300 Y~THOUT ^C~TY I CENTERS _~ 6,100 '10.200 I__. ~TH AC]~ViTY CENTERS YEAR 2004 PROJECTIONS ACTIVITY CENTER STUDY 11,5oo DENTON, TEXAS 11.900 ~EASLEY (FU2181) 8 31,350 21,900 24,500 HOBSON 11,500 17,200 .29,100 11~500 28,600 ;2,100 12,1 O0 .. 20,700 24,800I 18.100 RYAN ROBINSON 8,000 32,1 O0 ~CREEK"~ ~[? ,400 2,650 31,350 ~ 7.000 'LEGEND CEN~ERS ~ ~ CEN~RS ACUITY CENTER STUDY DENTON, ~XAS ~ASL~ (~2181) 9 LEVELS OF SERVICE Table 2 has been developed to present the operational service level of the key streets ~n the Teasley Lane Corridor area based on the city's capital ~mprovement strategy The table summanzes each street/roadway segment wth its projected cross section based on the city's current capital ~mprovements construction .eshr0ates for the year 2004 and {he year 2016 Table 2 also includes the "level of service" associated with each street during each year (wth and ~thout the impact of the Community Acbvity Centers) Levels of service begin with "/~",¢~hlch suggests hght, free flowing traffic with neghg~ble Interrupt~ons and proceed to "F" whlch suggests heavy, nearly stopped traffic ~th many ~nterruptlons Typically the desirable levels of service are "A" through "D" with "E" and "F" being undesirable Some of the levels of service also include a minus (-) s~gn or a plus (+) s~gn to help indicate the magnitude of each designabon For instance a "D+' would md~cate h i~igh level of"D" that is closely approaching the level "E" It should be noted that the levels of service presented m this report reflect the traffic condibons that are projected to occur during the peak penods of operabon on each street and road These peak periods w~ll typically last for one to two hours dunng the mor0tng and evening commuter t~me periods. The service levels during the non-peak periods are expected to occur at acceptable levels Of specific concern are three segments of Teasley that are shown to operate at a service level of "F" during 2004 both with and wthout the traffic from the Acbvlty Centers The changes in the levels of service "F" caused by adding in traffic from the Activ~ty Centers for these three segments ~s described below LiIhan Miller to Robinson The "F" significantly decreases with the addition of the Activity Centers The traffic volumes themselves decrease by 27% Robinson to Hickory Creek . The change in the "F" is a minimal decrease ~th the addition of the Activity Cent?rs The traffic volumes themselves decrease by Hickory Creek to C~ty L~m~t The change in the "F" is a minimal increase with the addition of the Acbwty Centers The traffic volumes themselves increase by 3% According to the capital improvement strategy, these "F"'s will d~sappear ~n 2006 with the construction of Teasley Lane as a slx-lane facility Page-7- 10 TABLE 2 LEVEL OF SERVICE AND lANE REQUIREMENTS BASED ON CAPITAL IMPROVEMENT STRATEGY =',,' ~,.,1,,,, t~,,, ~,~ ,,, 1',!ii "'" "'''' ' - " ........... '"' Llllian Miller' 4D 4D 4D 5D 5D IH 35 - Teasley 'A" "C+' 'A" "F" "D" Teasley 4D 4D 4D 6D 6D IH 35 - Londonde~ "A" "E-" Teasley 4D 4D 4D 6D 6D Londonde~ - Hobson "A" "A' 'A" "B" "A" Teasley 4D 4D 4D 6D Hobart - LIIIlan Miller "A- ,A. .A- .D. .~. Teasley 2U 2U 2U 6D 6D MIIlan Mdler- Robinson 'F" "F" 'F" 'F+" Teasley 2U 2U 2U 6D 6D Robinson - Hlcko~ Creek 'B" "F" "F" "E+" "E" Teasley 2U 2U 2U 6D 6D H]oko~ Creek. CEy Mmlt "A" "F" "F" "D-" Hobson 2U 2U 2U 4U 4U Count~ Club - Teasley 'B" "D-" "D-" 'E" "E" ~nd R~er 4U 4U 4U 4U 4U Teasley - IH 35 'A" "A" "A" "A" "A" Ryan 2U . 2U 2U 6D 6D Count~ Club -,Teasley 'A" "A" "E-" "A" Robinson 2U 2U 2U 4D 4D Teasley - Hawa~ 'A" "A" 'A" "C" "C" H~cko~ Creek 2U 4D 4D 4D C~ty Mmit - Te~ley 'A" 'A" "A" "E-" "E+" FM 2499 .... 4D 4D IH 35 - FM 2181 "A' "A" Hloko~ Creek: .... 4U 4U Teasley - FM 2499 "A" State School Conne~or - 2U 2U 4U 4U Ranchman - Slate School "A" Page-8- NEW ACTIVITY CENTER SCENARIO This secbon of our report has been prepared to address a possible new scenario with regard to the location of the two Commumty Achvlty Centers The current focus of potential developers is along Teasley Lane rather than along Ryan or H~ckory Creek as was assumed in the Teasley Lane Corridor Study As a result, we have praparad Figure 4 which reflects a new general location for the Centers - one more focused along Teasley Lane Table 3 has been prepared to summarize the changes ~n the levels of service due to this "relocation" of the Activity Centers By relocahng the Acbwty Centers along Teasley Lane rather than along Ryan and H~ckory Creek the levels of service ara shown to worsen on Teasley and improve on Ryan and Hickory Creek Those service levels that changed have been shaded In Table 3 and ara described below Teasley Robinson - Hickory Creek. In 2016 the service level v~th the Centers It worsens from an "E" to an "F". Ryan Country Club - Teasley In 2004 the service level with the Centers improves from an "E-" to an "A" Ryan Country Club - Teasley In 2016 the service level wth the Centers ~mproves from a "B" to an "A" H~ckory Creek City L~m~t - Teasley In 2016 the service level with the Centers ~mproves from an "E+" to an "E-" The Thoroughfare Plan shows Hickory Creek as a s~x-lane facility wh~le our capital improvement strategy assumed a four-lane facility It would seem prudent to eventually ~mplement the Thoroughfare Plan's strategy for H~ckory Creek rather than mainta~n the capital improvement strategy of four lanes Page-9- 12 It should be noted that a Community Activity Center location is proposed for the area of Hobson, Fort Worth Drive, and Country Club Road This location would have an impact on the projected volumes shown in both F~gures 2 and 3 These impacts are described below Hobsori.. The projected volumes would change only slightly be~ause most motorists who would travel east to roach a Center on Teasley would simply travel west to a Center thus malntainmg approximately the same service levels Ryan.. The projected volumes would change shghtly with motorists on the western port,on of Ryan choosing to ut~hze the Center at Hobson, Fort Worth Dr~ve .and Country Club Drive rather than on Teasley Teasley The secbon of Teasley between L~lhan Miller and Ryan would probably experience a moderate improvement m reducing projected traffic volumes Motorists on Hobson and on Teasley west of Lilhan Miller that might travel so.ut.h on Teasley to reach a Center would choose rather to travel west along Hobson Page-10- 13 McMATH ~ , MS HOBSON , , ' % RYAN ~ ROBINSON / , CREEK ~ AREA SCHOOLS HSJES ~ FU~JRE STREETS ACTIVITY CENTER LOCATIONS ACTIVITY CENTER STUDY DENTON, TEXAS \ TEA~;LEY (FM2181) FIGURE ~-4 TABLE 3 LEVEL OF SERVICE AND LANE REQUIREMENTS BASED ON CAPITAL IMPROVEMENT STRATEGY ,' ' ': Llllla. Mdler 4D 4D 4D 5D 5D IH 35 - Teasley "A' "C+' "A" "F' Teasley" 4D 4D 4D 6D 6D IH 35 - Londonde~ "A" "E-" "~" "E" "D' Teasley 4D 4D 4D 6D 6D Londonde~- Hobson Teasley 4D 4D 4D 6D 3obson - LIIllan Miller Teasley 2U 2U 2U 6D 6D LIIIlan Miller- Roblnson "F" "F" 'F" "F+" "E" Teasley 2U 2U 2U 6D Robinson - H~cko~ Creek "B" "F" "F" "E+" Hickoff Cree~- C~ Llmlt "A' "F" "F" "D-" I I Robson ~U 2U ~u 4U I 4~ II Count~ Club - Teasley ~nd River' 4U 4U 4U 4U Teasley- IH 35 Ryan 2U . 2U ~ 6D : "A" "A" ' ........ "A" Count~ Club - Teasley "A' "A" "A" Teasley - Hawa~ "C" / "A" "A" "A" "E-" City Limit- Teasley ; EM 2499 ..... 4D I ' IH 35 - FM 2181 Hmko~ Cme~ .... 4U 4U Teasley - FM 2499 "A" State School Conne~o~ - 2U 2U 4U 4U Ranchman - State School Page-12- CLOSING The ~mplementation of the two 10 acre Community Activity Centers as shown in Figure 1 v~ll produce two ~mpacts that apply to both year 2004 conditions as well as year 2016 cond~bons Traffic volumes on the sections of Teasley Lane and L~lhan Miller that serve-the commercial areas near IH 35 w~ll decrease because a porhon of the commercial trips on those streets can now be satisfied by the Activity Centers Conversely, the traffic volumes on the secbons of Teasley Lane. Ryan, and H~ckory Creek that ~11 serve the Activity Centers will increase because a portion of the commercial trips that were destined to the commercial areas near IH 35 can now be sabsfied by the Act~wty Centers A refocusing of the location of the Centers along Teasley Lane as shown ~n Figure 4 rather than along Ryan and Hickory Creek w~ll cause the levels of service to worsen on Teasley and improve on Ryan and H~ckory Creek In closing we offer the followng observations It may be eas~er to address the Corndor's infrastructure needs with the Implementabon of the Activity Centers rather than ~thout The reasoning m that the opportun~bes for Improving the existing streets and roads are more hm~ted the closer that the improvement Is to IH 35 Conversely, they are more possible the further the improvement is from IH 35 The Activity Centers ,~11 draw motorists away from the IH 35 commercial areas thus improving the levels of service and possibly reducing the level of infrastructure needs In the short term the ~mplementat~on of Acbvlty Centers ~n the Teasley Lane Comdorwould seem to have an overall beneficial traffic impact to the street system There w~ll be locations of poor servme levels, but by the year 2006 these should all disappear, In the long term (around the year 20'16) the poor service levels are shown to begin reappeanng again~We should point out that all traffic projecbons are guesses and esbmate~ and that tra~ffi¢ proJections over time and the correspondli3g confide~ ,op m them are on d~vergmg patterns ' ~ We feel confident in recommending that the C~ty take action on our findings for projections through the period of 2006 to 2008 Actions beyond that t~me period should be based on a monitoring program that annually reviews the results of study's projecbons and recommendahons against actual conditions Page-13- ATTACHMENT 2~ 215 E McYanney Street Denton, Texas 76201 (940) 349-8307 FAX (940) 349-8596 OFFICE OF THE CITY MANAGER MEMORANDUM DATE: February 28, 2001 ~ TO: Planmng & Zoning Commlsmoners FROM Dave Hall, Assmtant C~ty Manager - Development Services SUBJECT: Teasley Lane Commumty Actiwty Centers C~ty Council held a work session on ~ebruary 27, 2001, and d~scussed the ~ssue of amending the Denton Plan to allow for two Communil3, Activity Centers v~tlun the Teasley Lane Comdor Council requested the work sesslun follovang demal of a developer's proposal to s~te a Commumty Act~wty Center on the west s~de of Teasley Lane near the intersection of Fnckory Creek Road Traffic nnpant was the major ~ssue of concern A traffic study was conducted to determine whether Teasley Lane could vathstand retml-onented tnp generation pnor to expansmn from a 2-lane Farm-to-Market road to a 6-lane d~v~ded arterial Eng~neenng plans, specifications, and estimates (PS&E's) for expansion of Teasley from L~lhan M~ller to H~ckory Creek Road are currently underway A target date for construction ~s 2005-6, although funding has been only partially secured The study w~ll be prowded and scheduled fox Planning & Zoning Commms~on rewew ~n the near future The eonelusmns reached by C~ty Council last mght were as follows 1 Although two Commumty Activity Centers are being considered for the Teasley Lane Comdor, only one such Center should be permitted until the road becomes a .6-lane arterial 2 If a Commumty Act~wty Center is to be considered, only serv~ee-onented retml uses should be permitted, and a proposed zomng classification should reflect fl'ns objective m deterrmmng the proper designation under the draft code 3 If a Cormmumty Act~wty Center ~s to be considered on Teasley Lane, the ~mpact on the segment from W~nd Paver Drive to Ryan Road should be mm~m~zed, since fins segment operates at the lowest Level of Service Wlfinn the corndor The Act~wty Center, therefore, should be located closer to the PI~ckory Creek Road ~nterseet~on rather than at 1 17 Ryan or Robinson Roads A factor revolved m th~s determination is the ~mpendmg improvement of Hickory Creek Road from Teasley to the ~letcher Branch Creek from 2 to 4 lanes using exlstmg city and county capital project funds ($2 3 rnllhon), wh~le Ryan Road is not yet programmed for any improvements 4 Should a developer propose a Commumty Activity Center on Teasley in the future, specific information regarding traffic impacts, intersection improvements, and site access should be carefully reviewed to mamtmn optimal traffic flows on Teasl~y Staff considered handing out the traffic study to the Commissioners tomght, but felt that you would be better served if you had the t~me to review the information m advance of work session discussion We are aware that you have a proposal to create a Commumty Activity Center on Teaaley Lane as an item on tomght's agenda, and staff recommends continuing th~s item to a date certmn, allovong time for P&Z work session review of the traffic study If you have any questions or comments, please contact me 2 18 ATTACHMENT 3,~ PLANNING AND ZONING COMMISSION Agendaite~ STAFF REPORT Date~ Subject Teasley Commons Zoning Plan Case Number ZP-00-017 Staff. Thomas B Gray, Planner I Agenda Date: Janua~ 24, 2001 Hold a public hearing and consider making a recommendation to the C~ty Council concerning a Zoning Plan for 13 76 acres located atthe southwest corner of Teasley Road and Ryan Road The property Is currently zoned Planned Development 93 (PD-93) The intent ~s to amend the Planned Development to allow the construcbon of a community shopping center LOCATION MAP Locat,on' Southeast corner of Teasley Lane and H~ckory Creek Road S,ze 13 76 acres Applicant Jones & Carter, Inc Owner The Amher Co 12000 Ford road, Suite 180 2112 W Spnng Creek Pkwy, Dallas, Texas 75234 Suite 200 Piano, Texas 75023 The apphcant ~s requesting approval of a Zoning Plan/Concept Plan to amend an ex~sbng Planned Development (see Enclosure 1) The construction of a community shopping center anchored by a grocery store ~S proposed The 13 76 acre subJect property is currently part of Planned Development 93 The existing Detailed Plan for this port~on of PD-93 permits the construction of mult~fam~ly on 10 acres and general retail on 4 acres (see Enclosure 2) The property is surrounded by residential uses (see Enclosure 3) It fronts Ryan Road to the north and Teasley Lane to the east It ~s bounded by the Hickory Creek Heights subdivision to th=e west and south The subject property is currently undeveloped The Denton Plan places this property w~th~n a "Neighborhood Centers" future land use area Neighborhood, Centers are ~ntended to be primarily residential ~n nature, but can contain neighborhood,oriented retail and service uses These retail and service uses could contain small stores, restaurants, personal service shops, chumhes, daycare, small offices and other uses necessary to support a surrounding neighborhood The applicant is requesting to construct a retail center anchored by a 58,000 square foot grocery store This development would not be compatible with the ex~sbng Neighborhood Centers land use designation The applicant has requested a Comprahens~ve Plan amendment for th~s property under separate petition (see CA-00-002) This report, however, ~s wntten ~n the context of the ex,sting comprehensive plan designation '1. Transportation A Trip generation The proposed development could generate approximately 6,112 trips per day ~f built out with retail uses (seeTable 1) For comparative purposes, this propertywould generate approximately3,319 tr~ps per day If developed with multlfamlly and general retail, as ~s permitted by the exist~ng Concept Plan for this site (see Table 2) Prior to development, a Traffic Impact Analys~s w~ll be required The Traffic Impact Analys~s w~ll more accurately determine the impact of this development on traffic flow as well as identify the reqmred road ~mprovements necessary to mlbgate negative impacts of the proposed development 20. Table 1. Proposed Land Use Trip Generation  I I Ir I f I f rl r 'r' r , Generation* or Sq Ft Generation I] ~GeneralRetai, 41trlps/1,000sq ft 10,834sq ft/ac 1376 149,076sq fi/ac 6,112tr, ps/day I1 · Calculations provided by the Institute of Transportation Engineers, 1991 Table 2 Existing Land Use ~rlp Generation Land Use Average Trip Average Density Acres Estimated Lots Total Trip Generation* or Sq Ft Generation General Retail 41 trips/I,000 sq ft 10,834 sq ff/ac 4 0 43,336 sq ft/ac 1,777 trips/day Apartments 6 59 tnps/du/day 17 0 du/a 10 0 234 units 1,542 trips/day Calculations provided by the Institute of Transportation Engineers, t991 B Access The site will have access onto Teasley Lane and Ryan Road C Road Capacity Teasley Lane Is idenbfied as a pnmary major artenal road by the 1998 Denton Mobility Plan) This road ~s designed to be 6 lane d~wded street w~thout parking, prowd~ng 6 lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 tnps per day Teasley Lane ~s currently constructed w~th 2 lanes w~thout parking, prowd~ng a tolerable traffic flow of 9,100 tnps per day A traffic count on Teasley Road between Ryan Road and Robinson Road conducted ~n 1999 indicated a volume of 7,294 vehicles per day Teasley Lane Is currently close to capacity, however, Teasley Lane Is scheduled to be widened w~th~n the next 10 years Once Teasley ~s widened, there should be adequate capacity to support the proposed development Ryan Road ~s idenbfied as a secondary major artenal road by the 1998 Denton Mobility Plan Th~s road ~s designed to be a four (4) lane divided street without parking, providing four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 19,100 tnps per day Ryan is currently constructed with two (2) lanes w~thout parking, prowdmg a tolerable traffic flow of 9,100 trips per day A traffic count on Ryan Road west of Teasley conducted ~n 1999 ~ndlcated a volume of 3,564 vehicles per day Th~s development could put Ryan Road at or over capacity, however, once Ryan Is widened, there should be adequate capacity to support the proposed development It ~s ~mportant to consider the impact of thcs development on the entire Teasley/L~lhan M~ller Corridor Staff is of the oplmon that a shopping center that ~ncludes a grocery store, located ~n the general area of the project site, w~ll help alleviate overall traffic congestion by prowdmg goods and services that can now only be found ~n the 1~35 area D Connect~vity Sidewalks along all public streets are required for pedestnan access Accessible routes to the entrances of all buildings are required by Texas Access~blhty Standards (TAS) 21 2 Utilities Th~s site has access to existing water and samtary sewer hnes Additional water and sewer I~nes are proposed Additional ut~hbes, such as solid waste, electnc~ty, natural gas, and telecommunication, can be readily expanded to the site 3 Drainage New development will be required to design and construct a drainage system to city standards A preliminary drainage study w~ll be required w~th the submission of a prehm~nary plat The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards thru property The developer must ~nd~cate the method by whmh the run- off will b(~ carried across the property or stored on the property 4 Signs As per the future Detailed/ProJect Plan 5. Off-Street Parking New development must prowde parking according to the Zoning Ordinance and Building Codes The total number of parking spaces required ~s determined by the land uses ~n the braiding and the square footages of each use The number of parking spaces w~ll be determined on a future ProJect Plan, when specific square footages of each land use are provided 6 Landscaping This property w~ll have to comply w~th the new Landscape Code, which requires 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) 7. Open Space and Recreational Areas Nonresidential development is not required to participate in the parkland dedicat~on process 8 Lighting L~ghtlng on the property should be designed and maintained so as not to sh~ne on or otherwise disturb surrounding residential property or to sh~ne and project upward to prevent the d~ffuslon into the night sky 9 Environmental Quality Impacts A potential ~mpact associated with the proposed development ~s no~se The dehvery of goods as well as the t~me goods are dehvered could negabvely impact the ex,sting single family neighborhood surrounding the property 22 April 2, 1985 - The subject property was placed m the Planned Development 93 (PD-93) zoning d~stnct and land use deslgnabon The approved Concept Plan for this portion of PD-93 permitted the construction of apartments on 10 acres and general retail on 4 acres The subject property Is not platted and would need to be platted prior to any development A Zonmg Plan has been submitted for review and approval under separate petlbon PUBLIC NO TICE%,~ Notice of the zoning request was pubhshed m the Denton Record-Chronicle on January 13, 2001 S~xty-three (63) property owners w~thln two hundred feet (200') were mailed legal nobces, and ninety- nine (99) residents within five hundred feet (500') were sent courtesy notices ~nform~ng them of the request (see Enclosure 5) As of this writing, there has been one (1) response ~n favor of the zomng request and three (3) responses opposed to the zoning request (see Enclosure 6) The apphcant has indicated that they have held neighborhood meebngs regarding this project Staff was not present at ant of those meetings At a recent public heanng related to the requested comprehensive plan amendment at the southeast corner of Teasley Lane and Hickory Creek, City Council requested that a work session be scheduled to receive reformation on potential locations for Community Mixed Use Centers, whmh could accommodate a grocery store, along the Teasley Lane corndor Because th~s d~scuss~on could have a direct effect on th~s zomng case, staff recommends that this ~tem be conhnued until such time that a work session IS held I move to continue ZP-00-017 to the next regularly-scheduled meeting of the Planmng and Zomng Commission Recommend approval as submitted 2Recommend approval with conditions 3Recommend denial 4Postpone consideration 5Table ~tem 1 Zoning Plan 2 Approved Concept Plan for PD-93 3 Zoning Map 4 200'-500' Notification Map 5 Property Owner Response ENCLOSURE IO0~ I§ 3§ gI ( 25 I 6~p lO-OI-lO-AaJ-UOZ\UO]UaO\lNfiH\OY3\ P ENCLOSURE 3 ~ NORTH ZP-00-017 (Teasley Commons) '~ SITE ZONING MAP Agenda Date' January 24, 2000 Scale' None ~7 ENCLOSURE 4 ~ NORTH ZP-00-017 (Teasley Commons) 200'-500' NOTICE MAP 200' Legal Nobces sent wa Certified Ma~l 6~3 500' Courtesy Notices sent wa 18t Class Ma,I 9--9 Number of responses to 200' Legal Nobce · Opposed 3 ·lnFavor I ·Neutral 0 Percent of land w~th~n 200' ~n opposition <20% Agenda Date: January 24, 2001 Scale None 28. ENCLOSURE 5 - NOTICE OF PUBLIC HEARIN6 ZP-O0-017 The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, January 24, 2001, to consider recommending approval to C~ty Councd a Zoning Plan for a 13 76 acre s~te located at the southwest corner of Teasley Lane and Ryan Road m the City of Denton, Denton County, Texas The property Is currently zoned Planned Development 93 (PD-93) The intent is to amend the Planned Development to allow the constructmn of a commumty shopping center The public heanng will start at 5 30 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~thin 200 feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about th;s zoning change request and Inwtes you to attend the public heanng Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the pubhc heanng (This in no way prohibits you from attending andpart/cipabng m the public heanng ) You may fax ~t to the number located at the bottom, mail it to the address below, or drop it off In-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn' Thomas B Gray, Planner I The zomng process Includes two public heanngs designed to provide opportunibes for c~t~zen Involvement and comment Prior to the public heanngs, landowners within 200 feet of the subJect property are notified of the zoning request by way of this nobce The first public heanng is held before the Planmng and Zoning Commission The Commission is ~nformed of the percent of responses ~n support and In opposition Second, the zoning petition Is forwarded to the C~ty Council for final action providing the Commlsslon recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Councd If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then six out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition ...... --------. Please circle one In favor of request ~"~..j Neutral to request Opposed to request C o,, ,-,~,~.u,...~ _ - -- MaihngAddress '~'.3~-'~-- C36-/~ C~ty, State Zip ,"""~'~'"~J~ T'~ Telephone Number- ~ ~ ~(~ Physl~l Address of Prope~y w~th~n 200 feet CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)940 3497707 ZP oo-of7 200 Notice 29 NOTICE OF PUBLIC HEAR:[:NG ZP-00-017 The Planning and Zoning Commission of the Ctty of Denton will hold a pubhc hear, rig on Wednesday January 24. :;:001, to cons,der recommending approval to C,ty Council a Zomng Plan for a 13 76 acre rote located at the southwest corner of Teasley Lane and Ryan Road m the C~ty of Denton, Denton Count, Texas The property is currently zoned Planned Development 93 (PD-93) The intent Is to amend the Planned Development to allow the construcbon of a community shopping center The public hearing wdl start at 5 30 p m in the C,t¥ Councd Chambers of City Hall located at 215 E McK,nney Street. Denton, Texas Because you own property v~thm 200 feet of the subject property. the Planning and Zoning Commission would like to hear how you feel about th~s zoning change request and Invites you to attend the public hearing Please. In order for your opmlon to be taken ,nto account return tills form with your comments pr,or to the date of the public heanng (This m no way prohibits you from attending and paltlclpatlng in the public heanng ) You may fax ,t to the number located at the be,toro, mall ,t to the address below, or drop It off in-person Planning and Developm;~'t D-apartment 2:2~ N, Elm St, Denton, Texas 7R20~ Attn' Thomas B, Gray, Planner I Tile zoning process ~ncludes two public heanngs designed to provide opportunities for cibzen involvement and Comment Prior to the public heanngs, landowners within 200 feet of the subject property are not,fled of the zoning request by way of thts nohce The first pubhc hearing is held before the Planning and Zoning Commission The Commlsslon ts reformed of the percent of responses In support and in opposition Second, the zoning petR,on is forwarded to the C~ty Council for final acbon providing the Commission recommends approval Should the Commission recommend denial, the petlboner may then appeal the request to the City Councd If owners of more than 20% of the land area w~thin 200 feet of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition. In favor of request Neutral to request o requ Comments: Mailing Address ~)c~Z <~ ~J/~tt"..~ ~ . Physical Address of Property wlthln 200 feet CITY OF DE~I~TON, TEX~,.~ CITYHALLWEST · DENTON TEXAS 78201 · 9403498350, IF)g40349??07 30 NOTICE OF PUBLIC HEARING ZP-O0-017 The Planning and Zoning Commission of the City of Denton will hold a pubhc heanng on Wednesday, January 24, 2001, to consider recommending approval to C~ty Council a Zoning Plan for a 13 76 acre site located at the southwest corner of Teasley Lane and Ryan Road in the C~ty of Denton, Denton County, Texas The property Is currently zoned Planned Development 93 (PD-93) The intent is to amend the Planned Development to allow the construction of a commumty shopping center The public hearing w~ll start at 5 30 p m in the City Council Chambers of C~ty Hall located at 215 E McKInney Street, Denton, Texas Because you own property within 200 feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about this zoning change request and Invites you to attend the public heanng Please, in order for your oplmon to be taken Into account, return this form with your comments prior to the date of the public hearing (Th~s m no way prohibits you from attending and participating in the public heanng ) You may fax It to the number located at the bottom, mall it to the address below, or drop It off in-person Planning and Development Department 22t N Elm St Denton, Texas 76201 Attn: Thomas B. Grby, Planner I The zoning process includes two pubhc hearings designed to provide opportunIt~es for c~t~zen involvement and comment Pnor to the pubhc heanngs, landowners within 200 feet of the subject property are not~fled of the zoning request by way of th~s nobce The first public heanng Is held before the Planning and Zoning Commission The Commission is informed of the percent of responses m support and In opposition Second, the zoning petJt~on Is forwarded to the City Council for final acbon providing the Commission recommends approval Should the Commission recommend denial, the pet~tioner may then appeal the request to the City Council If owners of more than 20% of the lar~d area within 200 feet of the site submit wntten opposition, then six out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one ~ --st~ In favor of request Neutral to request to reque Comments' Pnnted Name MallingAddress ~ bO~, ~.~'~ '~,.x.t~,. City, State Zip ~ t '-'~/L- Telephone Number c~/7/0--3.7~ / - ~/~ c./ Physical ^ddress of Prope w th,n 2OO feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 ZP-O0-017 200 Notice 3! NOTICE OF PUBLIC HEARIN6 ZP-00-017 The Planning and Zoning Commission of the City of Denton will hold a pubhc hearing on Wednesday, January 24, 2001, to consider recommending approval to C~ty Councd a Zomng Plan for a 13 7'6 acre site located at the southwest corner of Teasley Lane and Ryan Road In the CIty of Denton, Denton County, Texas The property is currently zoned Planned Development 93 (PD-93) The Intent Is to amend the Planned Development to allow the construction of a community shopping center The pubhc heanng will start at 5 30 p m in the C~ty Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within 200 feet of the subject property, the Planning and gZoning Commission would tike to hear how you feel about this zonlng change request end Invites you to attend the punic hearing Please, In order for your oplmon to be taken Into account, return this form with your comments prtor to the date of the pubhc hearing (This In no way prohibits you from attending andpartlcipatmg in the public hearing ) You may fax it to the number located at the bottom, mall it to the address below, or drop It off In-person Planning and Development Department 221 N, Elm St. Denton, Texas 76201 Attn. Thomas B G'ray, Planner I , The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners w~thln 200 feet of the subject property are notified of the zomng request by way of this not~ce The first pubhc heanng Is held before the Planning and Zoning Commission The Commission is informed of the percent of responses ~n support and In opposlbon Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval Should the Commiss~on recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200 feet of the site submit written opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one, ~ u~st~ In favor of request Neutral to request eq Comments' , S~gnature /-~, ~..,~ Printed Name ~ _~--/-//,.//r~ ~ /3/~ ~/~r~ Mailing Address: Z~ J ~ (~ ~D~'C qD Ctty, State Z~p ~AI~,~ / TX 7~ Telephone Number (~C) 5g.~-- ~c~{~ Physical Address of Prope~ within 200 feet CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 ZP-O0-OI7 200 Notice 32, - ATTACHMENT 2 , --b .... Page 107 I ,',',9~. o'T_:~-':;.~' I exCUSC mc, City Council has requested a work session to 2 Tho next item on our Agenda -- our next item 2 thscuss tl, m And unol '~: haar back from City Council or 3 on thc Agenda is to hold a pubhc hearing and consider 3 get dn'oct~oa from Clty Council regerdmg whore, :f any 4 making a recommendetioo to the City Council concern:ag a 4 they would hke th~s Commmmy lvhxcd Use Center to go we 5 Comprehensive Plan amendment and tho area is at the comer 5 would recommend that ~s item be opened and continued I 6 of Tessloy Lane and Ryan Road And I behove that Mr 6 do have a letter from the appl~ant I can pass this 7 Oray has the staff report 7 around Thc apphcant concurs that they would hke to 8 MR. ORAY Yes Thank you and good evening g walt and see what Ctty Council suggests before moving on 9 If we can get this map up Thts site is located at the 9 vath this case and I'll go ahead and pass tots around 10 southwest corner of Ryan and Tessloy In fact, It might [0 MIL XlCN'~ILt. comm~s~oners, you heard a 11 look lam:hat to you because not too long ago, we had a 11 recommcndatlun Do l, ou ha~z: quest~oes for staff or 12 detaded plan rngardmg some apartments on this site 12 conmients before we open th~ pubbc heanng? Do I hear 13 That detailed plan, of course, has gone away and now tho 13 oh, Counmsmuner Wflhams 14 applicant has, como in with a request to put a shopping 14 MR, Ix [LLL,~.M$. I ',~ A eicon] on several occasmns l S centex there, a shopping center that would be anchored by 15 that we meet ~,~3th City Council Ally dctaded plan that 16 a grocery atom 15 comes before me, I mgumg to vote against it And :f tbc 17 Of course, the cun~nt Comprehensive Plan 17 City Council wants to be the Ftaun:ng & Zoning Commtsmoo 18 des:gnat:on for this property is that of a Neighborhood 18 I'm going to ~ otc against and let them m~e tho dests:oos 19 Center which in our Comprehensive Plan would not pemuta 19 because I don t thmlr that I Wl~te my t~me to come here to 20 largo retail space such as a grocery store I th~nk 20 hear these tlungs and then to b~ overruled and to say that 21 they're proposing something hke a 60,000 square foot 21 w~ arc going to t~ - and thc rauoaalc is smd because 22 grocery store which would not be in comphunco with our 22 we need to let thc Compn:lm~ave Plan stay a httlc bit 23 Comprehensive Plan Therefore, in urdar to submit a 23 longer bccaase -- at least that's what I read m thc 24 zoning plan on the property, th~ first need to change the 24 paper So as far as I'm coaeerned, wc can bnng It up and 2~ Comprehenmvo Plan so that otherwise we would unt be able 2.5 hav~ today because I'm gemg lo vot~ against every one Page 106 Page 108 I to recommend approval So this is the first stop is to 1 that comes up unul City Council dee:des to meet and lct 2 change thc Comprehensive Plan to allow a n~ghborhood or 2 me know whare they're coau~ from so I can mnkc a declsmn 3 rather a Community Mixed Use Center on dus prope,,ty And 3 based upon thc facts that thcy have 4 so that's what the apphcant is requesting 4 Ma. ~ICNF~ILL. okay Vary good Other ~ How0ver, after having some discussion with tho 5 counneots, concerns? Okay Thank you So I guess to 6 apphcant, I guess to give you a httle history that 6 for procedural I need to ask ff there's anyone m tho 7 you're probably aware of, you might remember a few weeks 7 mithence -- I'll open thc pubhc haanng and ask if 8 ago we had a Comprehension Plan amendment regarding some 8 there's anyone In thc auchmce who would hkc to address 9 property further to tha sooth of Tensloy Texsloyand 9 tlustssuccgherfororagemst. Seeang no one nsc, l l0 Hickory Creek had come bolero this Board, I believe the 10 will then cntertmn a motion m respoasc to staff's 11 Comnusmon recommended approval It wont to City Council 11 request Conumss:oner Rathe:. 12 andwas denied In the wake of that occurrence~ th~ Clty 12 MIZ. RISHEL. tmnkcth~mot;onthatwe 13 Council has requested a work so,sloe to &scuss wbere, if 13 continue cA 0c-oo., unlal our ncaa regelarly scbeduled 14 anywhere, should tbere be a Community Mixed Use Center to 14 roosting 15 support a grocery store somewhere along Tcaslcy There I 5 ivm. ILtlcamAR'r it ts n~ undcrstanthng that 16 has beoo som~ discuss:oo back and forth about the 16 flus item won't ha scheduled fc~- a City Council work 17 neeess:ty of anotim' grocery store on Tenslcy Pdght now 17 session unul February 27th. February 28th would bo our 18 the only grocery facditics arc up at Tensley or rather 18 first pubhc hesnng thcn that the~ might bo some -- 19 Lllhan Millcr and 35 East Ofooursc, therc's also un 19 Iv~Rlsallt orensppropnatcdate 20 Albertson's down tn Connth But tn I0ctween, thcro 20 MP.P.~CHHAR?-acUon 21 currently isn't any groemy store and so there have been 21 Ma. PaSH~L. ~o you have a sut~sted date? 22 discussions as to wbetber or not thea'c needs to bo one., 22 lyre. RE~crnom'r. r~onm'~ 28th 23 what that would do as far as traffic is cenccrned, ct :13 Iv~e. lsHEt., l:cbnuny28th How about if I 24 cetera 24 make the mot:on that we cent~nne this pubhc hesnng of 25 $o tho Planning & Zoning Commission or ratlm', 25 cA oo-0o2 until Fcbrnary thc 281~ PLANNING AND ZONING COMMISSION ;ANUARY 24, 9-001 33 CondonseItTM Page 109 Page I II I MR- MC:NErLt.. DO I hear a second? Comprehensive Plan base things on a n~ghborhend scale a 2 MR-RIS~I':t.. 'l'hankyou, Mr Rc~chhart 2 commha~yscale,andareg~onalscale And that's why we 3 MR HOLT s~o~ld 3 use the term commumty shopping center, but w~ w~ll take 4 MR MCNEILL It's b4~o madn and secood~:l 4 your suggestmn under adwsement 5 Any d~scuss~on? Vote on th~ board, please Motion 5 Ma Rts~tec Thank you 6 comes 5-1 6 Ma MC~gC~. Out m the interim Code, aa 7 (C~OMMISSIO,NE~ WILL,AMa VOTED IN OPt~OSI'rlON } 7 Commissioner R~shel ~s saying, those ar~ not defined, are 8 The next l~m as Item 6 ~s to hold a pubh¢ 8 they? So what you have to do ~s go back to the 9 heanng concerning th~ ~commendat~an for tho same Item 9 Comprehensive Plan to get your 10 butazonmgplan Andlbehavothatstaff'ar~port~s 10 ~ao~,¥ R~ght Wewouldhaseoor 11 brought by Mr Oray 11 defimUons on the Comprehensive Plan 12 MI~ ~3RAY Tins would be the zomng plan for 12 MR MCNEILL Because the new Code, of course 13 th~sprupet~y Samoappbcant Same request Andasfor 13 ~t's not m ~x~stence so w~ can't use those 14 the Comprehenslve Plan amendment, wc would recommend that 14 Ma aP, AY Paght 15 th~sb~¢ontmuoduntdsuchtancaswerece~vodu~ct~oo 15 MRMCNEiLL okay Verygood Additional 16 from Couand 16 comments, questions for staff? Thank you very much I'll 17 MR. MC:~mlt. L. verygend Anyques~ons for 17 opentbepubhchennngthenandaskffthero'sanybodym 18 staff? 18 tho audience who would hke to spook for or against the 19 IvfR. PdS:-IEL QU~Stloo 19 ItemNo 6 that's on our Agenda Secmg an movement, 20 MR. MCNI!~t,L. QUestion Comaussmner Pashal 20 I'll ask the Commission d they have odd~t~onal thscuss~on 21 MR. R~aH~:L la th~ a d¢fim~on to th~ word 21 or a motion 22 "commamty shopping center'"/ 22 Ma RISHEL Motion 23 MR. ORAY t don't know ~f xv8 have a hard and :23 MR MCNE~LL Commissioner 24 fast defim~on but what we do have ~s th~s ~a a chart 24 MR mSHEL l d hke to recommend that we 25 that cornea out of fha Denton Comprebens~v~ Plan A 25 continue tlus ze 00 o17 to the February 28th mentm8 of Page 110 Page 112 1 commum~ shopping coster would b~ a shopping center that I the Planning & Zoning 2 would serve a 8~neral commumty aa opposed to a shopping 2 M~ MC:NEro,. DO I have a second? 3 center that would just serve a neighborhood Tho 3 M~ Mol~r~O ! II second 4 d~fferenen ~ e conmaumty and a n~ghborhood being on 4 Ma MC'~mI[.C Motion ~S made and senooded 5 theorder0fa faw--v,~ll, for~ample,atyp~calserv~ 5 Anythscuss~on? Votoontbeboard, plcase Mot~onpasses 6 a~ea and l~opulatton, ~ probably Is the b~st defimt~on 6 5-1 7 of all, a n~ghborbood center would serve up to one square 7 (COMMISS~OI, mP. WILLIAMS VOTIVe 8 m~l¢ and about 5,000 people, whereas, a commumty rmxed 9 use center or commumty shopping cent' ~ould serve up to we had a quorum, becanso we're supposed to do this for 10 e~ght square males and 40,000 l~ople but Commissioner Apple was not here 11 MR. RISHI~L. That's what I'm worried about assignment from th~ university ia Fort 12 I'm womed about ll~ vea'b~ag8 that xw ha~e used to 12 was not able to be w~th ua tonight 13 structu~ our p~entouon to tho pubh¢ and we have 13 ~ an excused absence 14 called it ~ao cous~uct~on of a commum~y shopping center 14 15 but we aren't able to take that d~rect verb~a~ and 15 action on 16 translate ~t onto d~ctly what we need to ha','~ it call~ 16 tho Denton D~velopment 17 hero SolguesswhatPdhketosee~sas',~x:~t~'ucturo 17 Code Aodas: proposedth~s concept and so I'll to see if -- and I'll 18 our d¢finiUon of what we're going to repr~ent to tho 18 ~ renund WO would divide the 19 pubhc h~re, I'd ltke to have ~t be able to reflect back 19 :20 to exactly what our defimuoos a~ so l~Ople can look ~t :20 proposed ¢ ~ about four subchap'~r~.p~' subcemmattec And If 21 and and February 14.~, 22 we could us~ terminology, that we haw reflected tn tho w~dm~ ff a staff l~rS°n w°uld meet w'l~h~them, 25 MR. ORAY okay ~ Denton Code or th~ or from the pubhc conung into visit with tho Staff, they PLANNING AND ZONING COMMISSION JANUARY 24, 2001 34 CondenseItTM 3 1 P R O C E E D I N O S eas~ment next to Crewford Road as o 2 MR MCNE[LL Seeing that we have a qu~xtm, ! somoune's hack yard 3 I open the City of Denton Plannm just pursue it a little bit 4 for February thc 28th, 2001 5 ~f the 5 Ma MCN£1LL SO you're aslang if I 6 mootm 7th, 2001 6 then, that we 7 [ move to a 7 8 nunutes X 8 with thl that either 9 Mil RISH~ s~eond 9 t0 MR MC~EtLI2 10 11 that we ~ 12 Vote on tho board, plcas~ 12 13 (COMMISSIONERS ) 13 20 foot back 14 On ue~ed 14 MR MCNEILL right Is there any 15 that we pull Item :2 objesuon, we 15 discussion? We ought to get a 16 will mthvldUa] 17 items Attl~s' tmo~on for 17 Ms ~ lllsomove 18 18 tt's 19 2 19 [ conthtions ls 20 so moved 20 the~ 21 MR MCNEILL It's bean moved 21 MS HOLT second MS APPLE ~e~ood MR MCNEILL SO lttS boon MIL MCNBILL ! discussion? Any dlseusgion on this motaon to Items 3 through 7 Any d;sunssion on basically flip the buffers and tho utility? Comm]ssmncr the Consent Agenda? Vote on the board, please Motion Rlsl~l I ME RISHEL, l m Just land of thmlang out 2 So at tins point then we will consider Agenda 2 g was something 3 I behove the 3 it was 4 4 a request 5 tf you not,ce on tho 5 6 pomon of th~s ! along thare are 6 certainly seems logical t( ' this on vath the staff 7 The 7 recommendation not havc to have 8 , casement 8 further notmc form could support 9 zoning was and as th~ 9 it forth 10 condition was written 10 M~.. Me, mILL okay Very good 11 right of-way of Crawford spphcant All right Let's vote on the §oard, please 12 was working 13 two casc~amts as you The next item on our Agenda is Item 8 and 9 14 casea~nt and 14 which are linked together, but these am a pubh¢ hcanng 15 then th And that doesn't 15 and I behove Mr Oray has a report he'd hke to make 16 16 MR OP, AY t m going t~ start by passing out a 17 So '~ 17 memo to tho Planning & Zoning Commission from Assistant 18 this 18 City Manager, Dave Hill, regarding llus case 19 agrees, ~ ne of two contht~ons, -- 19 MR REICHHART while he's doing that, I can buffer th~ 20 update thc Commission a little bit Last night at the 20 21 ,r that tho condit~on m the zoning, ll~ ~ 21 City Council work session, the item of whom community .bcmctbccausethc~'sstlll ~ 23 came forward And thc sugg~tzon by staff last mght was landscaped trees that could b~ saved to buffer al(ag N 24 that at this time Uatll Tcasloy gets approved, we should Crawford Tho Ut~hty Department would desto: to have the 25 probably b¢ only looking at one communiW canter on THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 35 ,CondensoltTM Page Page 7 I Teesloy and that a should be located as far south as 1 doesn't fit that 2 possible along Teasley Nodung was approved or there was 2 MR REICHHART And how do you get this to 3 no clear direction from Council hst night as to what 3 work together is one of the issues that we're trying to 4 site, if any, along Teasley should be approved for a 4 resolve, too 5 community center And as outhned in the meade, staff Is 5 MS GOURDIE Okay Tlmnk you 6 sull recommending that xve conl~ane flus unul such tune 6 MR MCNEILL IS this the eolmnumty activity 7 that that has been resolved by C~ty Council I also know 7 center as defined in the Interim rags? 8 the applicant is hero and would hka to make a 8 MR REICHHART That would be per the 9 presentat~un So those are tho two ~tems 9 Compmhenmve PIun 10 MR ORAY I don't think I hays anything to 10 MR MCNEILL Per the Compmbensive Plan 11 add to that 11 Okay All right Okay Coimmssiener Holt 12 Ma MCNEILL cmllpmsilOner$, do you have 12 MS HOLT would you please clarify what you 13 questaoas for Mr Gray? So what we have than is a 13 said about them looking for -- about south 14 reeommendaUan from staff that we continue this to a later 14 MR REICHHART C~t[y on Teasley, we've 15 date until we get some fluzeUon from Council as to what 15 identified thr~ sites that at least we've had interest in 16 -- how many activity centers we would have down Teesley 16 for at least a grocery stem, If not more than a grocery 17 Am I summarizing that~ what you're saymg? 17 stem One being the site that's identified on the map 18 Mil REICHHART CO~t 18 now which is the next pubhc hearing is about, the comer 19 MR MC:~mmL okay Counmssloner Oourcho 19 of Ryan and Teasley A little bit farther south on that 20 MS OOURDm I do have clanfieaUoa I've 20 at the comer of Robinson and Teasley is approximately a 21 been thinking about flus A community actavlty center 21 ten-acm site that was zoned as part of the Wheeler Ridge 22 perrmta -- I guess what's &ffereat is it's hko an eight 22 planned development that was approved last year And 23 square nulo rathus is what - 23 they're looking also at having a -- potentially having a 24 MR REICHHAR? a draws from 24 grocery stem and some other shops them And then the 25 MS OOURDIa. it dra~vs from What was the 25 third site was the Forester tract that came before this Page Page 8 I other condition on that that was diff~rent from the 1 Comtmssion a couple of months ago for the Comp Plan :2 neighborhood center? 2 amendment and then the zoning that was denied at City 3 Ma rtmc~Hnar I flunk the size of the 3 Council But the idea right now is because all the 4 bmldmgs 4 traffic Is located at Loop 288 and, you know, at the 5 Ms OOURDm okay All right Thank you 5 Kroger's and at the Red Lobster and all m that area, 6 And I'm just kind of cunoas, ff it draws from an aight 6 that's where the heavy congeatton is because that's the 7 mile square radms, 40,000 people I flunk was the use 7 only place anybody can go shopping 8 there or the peeple, that's half of Denton And I thd a 8 In order to alleviate traffic between there, 9 map and an eight rmlc square rs&us IS pm~/ much the 9 the farther south on Teasley you go w~th a community 10 whole city So I'm l~-plexed as to why tlus is oven a 10 center that might have a grocery stem, the more relief 11 conslderat~on in this part of town 11 you'll get from the traffic because people won't have to 12 MR REICHHART I drmk WO're also looking at 12 be driving all the way to Loop 288 They can disburse 13 -andthosewer~someqn~tionsthatwcreralsed I 13 between thc two a lttfle btt better And the traffic 14 mean, just because you ~deatffy :t as a community center, 14 analysis that we conmussioned for that study indicated 15 how do you know you're gems to gel whet yan need re that 15 that the farther south it is frtnn LOop 288, the better 16 commumty center So that's one of the ~tems that staff 16 M~ HOLT well, what was the problem with the 17 was asked to consider how do you know what you're going to 17 other site then9 18 getmtht:~ebasedontben~vCode Theother 18 MR REICHHART well, I thlnk -- at least 19 reformat~ea, we've been doing aome research also in that 19 staff believes that we didn't have that reformation at the 20 ~t appears that hke a gror,{~ stem, Krnger's and other 20 trine, that specific traffic information, and I don't think 21 stores of that size, typically, want to draw from a 21 It's going to be -- I flunk that site rmght be revisited 22 population of about 30,000 in a three-nulo redlas So I 22 MS HOLT We sent a 7-0 vote to th~ We 23 think w0'm loolang mom at that typo of draw in flus area 23 thought it was a grand site And they voted it down 24 as opposed to tho ~lght unl~ draw 24 munedlately And now they're coming back and thlnkir 25 MS ootml~m And so our n~ghhorhood center 25 th~s might be a good idea? THE PLANNING AND ZONING COMh, RSSION FEBRUARY 28, 2001 36 Con lonseltTM Page Page 11 I MR REICHHART I think with moro mfonnatlon I Council's mouth but I think that perhaps they weren't that 2 that they receive, it might be a gued idea It might not 2 much against the Teasley - I meen, the Hickory Creek site 3 But, I mean, they're g~mg more mformat~on through 3 as they were trying to detenrone what is the best site m 4 these silldies and rcpurts 4 that comdor They might have taken moro of a global 5 (COMMISSIONER WILLIAMS IS NOW pRE,lINT) 5 approach as opposed to just looking at that site 6 MR MCNEILL comnllSSlOner Wtlhams 6 MR MCNEILL Mr Powell 7 MR WILLIAMS Yeah I guess my questton is 7 MR POWELL And I'm not sure If I want to add 8 so w~ get different mfonuat~on than what the City Couacfl 8 to this conversation, but I d~d want to point out 9 gets Is that what you're saying? 9 MR RtaHEL Don't quote anybody 10 MR REICHHART NO, 81r 10 MR POWELL Iwas anticipating passing out 11 MR WILLIAMS That's what I thought I heard 11 that study that Larry referred to that was given to 12 you say since they d~dn't have ~nough information 12 Council last night Obviously, it's a new study We'll 13 Evidently, they had more reformation because as diverse as 13 get it right now and by the end of the meeting, we'll have 14 th~s body is, anything that goes from hog 7 0 should be 14 it for you And that was part of our concern of tonight 15 looked at 15 if you went forward and wanted to hear this that you're 16 MR REICHHART I think poss~bly the 16 going to be given a study w~th no time to reflect on it 17 lnformatton thnt City Council has more m lime was the 17 And, again, we'll go get it right now and we'll make sure 18 Teasley Lane comdur study that was recently done that 18 that you have it m a few moments 19 they were involved vath that showed tho problems on 19 MR MC~EILL okay Mi' Ch'ay, do you have 20 Teesley Laue and that perhaps traffic ¢onge~tion and 20 additional comments? 21 transportation issues were more prominent to City Council 21 MR oaAY I have no comments 22 and they thought thog was going to be problem whog this 22 MR MCNEILL okay Any questions for Mr 23 body did not think that would be an issue 23 Gray? So, Commissioners you've heard the proposal What 24 MR WILLIAMS okay Because citizens I've 24 is your pleasure? 25 talked to have thought that, have voiced to me as citizens 25 MR RtaHI~L, I think we have speakers, don't Page 10 Page 12 I that City COttucll jumped th~ gun for wheeewr reason and I w~? 2 thee they reahzed, said wh~ are these people going to 2 MR REICHHART The applicant is here 3 shop and they come back lwo days later and say va: need to 3 MR MCNEILL SO t.~ options are to open thc 4 look for a shopping place for the peaplc And It seralls 4 public heenng and continue it or to just continue the 5 hke that we have our roles reversed We mal~ a 5 item untd a later meeting Commissioner Apple 6 recommendation for shopping and that's part of our thing 6 MS APPI,E since the p~tiouer has taken his 7 to make a recommendation to the City Council for planning 7 time to come hog, I would like to open the public heenng 8 in the Oty of Denton We make that reeommendaUon and 8 and allow hmi the opportunity to speek, if ha would hke 9 a's 7 0 At least put it on the table and look at it 9 to, and then I would recommend that we continue the public 10 rather than just votmg lt down I'mfimshed I'moff l0 hearing 11 my soap box 11 MR MCNEILL DO l hear any objectaons to 12 MR MCNEILL okay Let me ask a 12 that? All right I will then, having had a consensus, 13 clarification question hog I thought that Teasley Lane 13 I'll open the pubhc hearing The normal rules of our 14 study was doue somotlmo ago Was that not doue way last 14 pubhcheermgwlllbelnprueessormforcehere At 1 $ fall, last spnng? 15 this time then if the applicant or the apphcnnt's 16 MR SALMON 'the Tessley Lane study was done 16 represents'nye is hog, we would offer him the opportunity 17 last year Tho study that Mr Ro~chhart is refemng to 17 to make a presentation 18 is a study that we comnussloned just recently from thc 18 MR STROHM Thank you very much My name is 19 same ~ilglnear that did the Teasley study and tills 19 Thomas Sirohm with Jones & Carter Consulting Enl0uecrs, 20 addtuonal study was a suppl~neet to tho Teasley study 20 and we're roprescnl~ng Hunt Propomes tonight We 21 that was done specifically for the issue at City Council 21 actually expect to have a Hunt Properties representative 22 last night 22 here a little bit later He's been a httlc bn delayed 23 MR MCNEILL okay All right Thank you 23 due to the weather 24 MR REICHHART And just oue further comment, 24 Let me start off and say we're hog tonight to 25 and I think -- and I don't want tu put words in City 25 change thc zoning fram the PD to straight Commercial ['HE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 37 CondenseItTM Page 13 Page 15 I zomng It is our ~ntent to develop a n~ghborhood I If we put it down at the other site that's being 2 grocery store somewbere in the neighborhood of 58,000 to 2 considered farther south, you're going to start drawing 3 60,000 square feet With that, we would have a restaurant 3 all that traffic on Teasley down to that locatson, whom 4 with e drive thru, one of those, probably a gas statloo ~s 4 you're drawing basically m one direction Long term, 5 the other intent, and then one bank And we have a site 5 that might be a wable location as a second location along 6 plan hate that shows that 6 Teasley but we think m the lnunedlate situat~en U'affic 7 MR MCNE[LL YOU can lay that up on the 7 would be somewhat relieved by having it more centrally 8 podmm here and they'll zoom in on It 8 located and having sharer trip distances to get to the 9 MR STROHM okay Cheat 9 facihty to serve the current development m the area l0 MR Ra[CHHART I just wan~x], to point out 10 So w~th that, we're here ~ answer any 11 that the rezomng apphcat~on is pubh¢ hearing No 9 11 questions for you tonight We certainly would request 12 and public beanng No 8 ~s the Comprehensive Plan 12 that you take action on it We know that this site has 13 amendment You can hear them both at the same t~me but I 13 como back to you previously for Multi Funuly zoning and 14 JUSt Wanted to make that clear 14 that was domed and the owner of the property would like 15 MR MCNI~[LL TWO separate l~SUes, yeah 15 to move forward with retail development, aonunercial 16 MR aNYOne. This is a joint pubh¢ heanng 16 development So we ask for your consideration and we're 17 MR MCNEiLL IS that all right, to have a 17 hem to answer any quesUons 18 joint pubh¢ hearing on the two items and then we'll vote 18 MR MCNaILL cmmmssloners, do you have 19 on them separately? Is that okay, legal7 19 questtons? Counmss~oner Oourdte 20 MR SNYDm~ Yes, that's okay 20 MS c, ouaDm on the top right above tho gas 21 MR MCNE[LL okay All right 21 stat~en, you have a gray area which just says Parcel 2, IS 22 MR STROHM This IS the concept plan that 22 that what would that be? 23 we'vc put together It shows a 58,000 square foot grocery 23 MRSTROHM Thc gray area actoally is the 24 facility with retail on each s~de of it being on tho 24 locat~en of the pumps This is the building ~tself and 25 southwest corner of Teaslay and Ryan The gas station 25 this is actually the pump ~sland with a canopy over top Page 14 Page 16 I site is proposed hem, a restaurant w~th a drive thru I MS oovaota And even though you've agreed to 2 facthty thom, and then a bank over m the southeast 2 do an e~ght-foot masonry fence, being that ~s all thc mmn 3 corner We've also conumtted to thc adjacent homeowner's 3 building ~s located towards the back which wdl produce a 4 assocaaUon that we would construct an eight-foot masonry 4 lot of hght m thc homes, are you prepared to dirmnlsh 5 fence and then all the aonsttueuon on-s~te would be 5 light exposure to the houses? 6 compatible with masonry constroaUon 6 MR STROHM certainly 7 We eertatoly tomghi would hka to ask or 7 MS Ooul',Ola And things hke that because 1 9 were at the C~ty Courted workshop last night and I don't 9 with higher density lighting They shine forward e lot l0 want to speak for City Councd either, but I would say l0 brighter and they're on 24 hours a day And that would be I l that ~t was my nnpressmn that they felt hke a grocery 11 sometlun8 that I'd be concerned about e~pecmlly in that 12 store facihty, a ¢ommercml center is someflung that they 12 locaUon, because it will go out tu almost every single 13 supported There was some thscussten of whether or not 13 homo an that area 14 them should be one of these facthUes along Teasley or 14 MS s'raoHM well, that was one of ~ reasons 15 two But I believe u was staff's reeounnenda~on that 15 we wanted to have the gas staUon mom closer to the 16 certainly one would be acceptable up until th~ t~me 16 mtersecUen of Teasley and Ryan And, actually, with a 17 Teasley was expanded to six lanes und~wded And at that 17 drive-thru facihty also, a fast food drive-thru fac~hty 18 time, maybe even considering a second fae~hty 18 or any type of restaurant with a drive thru fa¢lhty, 19 We feel hke, and we have not had a chance to 19 we're sensitive to the location of that to the existing 20 review the updated traffic unpact analysis, we've also 20 residents And that's why we've actually got that on the 21 prepared one for flus s~te We're probably m a htlle :21 corner and the gas staUon in between But, certainly, 22 bit disagreement vath staff on traffm situat~oo We feel 22 we're prepared to do that We are a certain ways off of 23 hke the current dev~opment now ~s farther north and that 23 it and the retail will actually buffer a lot of the hght 24 having a fac~hty that's located farther north would 24 that you have out m the front of the center 25 actually reduce the amount of traffic up and down Teasley 25 MS ootrama ^isa, flus was poss~bly gmng to THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 38 CondonaeItTM Page 17 Page 19 I produce 6,000 trips per day Is what their statistics ~ I with Jones & Carrot 2 show I know that Albertson's does approximately 10,000 2 MR MCNEILL say your name again 3 to :20,000 raps a day I'm just -- what if these 3 MR STEVENS sandy Stevens And tho driveway 4 staust~es ase incorrect and you do poll from an eight 4 vananoe, as we're proposing ~t, has md:cated that we 5 milo radius winch, of course, Is Connth and thn north 5 would agrea to restricted hours of operation of the 6 slde of town and Lake Lew~svdlo, which is not a probable 6 dehvcry entrances, and to move any s~gnuge as necessary 7 thing TO happen, but the zoning Is huge compared to what 7 TO restrict traffic along the back of the lots of the 8 y'all are trying TO draw from And I'm just wondcnng if 8 ex~stmg homes 9 such a lor~ area really nee:Is TO support so many retail, 9 MR REiCHHART [ need to just point out that 10 drive thru fast food and a grocer w~th what y'all are 10 both the Comprehensive Plan amendment and the zomug plan 11 asklugfor I just need tu undorstand why y'all need such 11 rcally don't relate tu thn sltn plan that we have AndI 12 heavy, heavy use nt this corner I know you said, well, 12 know tookmg nt the site plen, we can get mtn -- I meen 13 when It builds out, quote, unquote I JUSt have a hard 13 staff hasn't really even analyzed the site plan 14 time qualifying it and I just need you to help mo 14 MS GOURDIE ! guess what I'm trying TO get 15 understand why it's a quahtat~ve thing 15 out is that from I understand, what y'all want, you want 16 MR STROHM Actually, the grocery store that 16 buildings front, you want things like that 17 va:'re proposing Is probably the smallest that's b~lng 17 MR REICHHART And I appreciate the comments 18 eonstxucted, Iguess, mtinsarea And l thlnk Larry 18 MS OOURDtI~ noforewo'regolugtomakethlS 19 even ceremonial toward that I think the only one that's 19 decision, I want to know why it would be this way 20 eves being bruit anywhere In this area that st.zo is in 20 MR REICHH~,RT NO, and I can appreciate those 21 Flower Mound around 56,000 square feet Thc typical 21 comments, but I'm just pointing out hha -- and those are 22 grocery store~ arc larger than that They're typ:cally In 22 good comments TO raise to the applicant as bom8 concerns 23 the 60,000 to 80,000 reng~ w~th a lot of them bang right 23 as we go farther with th~s process But what we've really 24 around 75,000 square feet 24 got to look at, and mayb~ it is a function of the site 25 So, you know, w~ are a smaller facility We 25 design is, as you say, is have they put, is there too much Page 18 Page 20 1 just have three out-parcels winch really fits tho size and 1 retml in this development I mean, if we go forward with 2 does fit with more of a neighborhood center as opposed TO 2 the zoning plan, you know, do we want TO take a look at 3 having a largo 75,000 square foot building with multiple 3 how much retail we put on there, how many out-parcels, how 4 or many out-parcels 4 many drive thrus and all that stuff winch -- 5 MS OOURDIH And what about access for 5 MS OOURDIE And that's what concerns me if 6 dchvery trucks, s~m'us7 A~aln, they're golug TO bn making 6 we go and we chauge :t to the activity center use, well, 7 thclr dchYenes whcn pzoplo are still - how do you 7 that opens up a whole now ball of worms or can of worms, 8 propose TO maintain a neighborhood environment with such 8 sorry 9 heavy use? 9 MR REICHHART we've got to try to focus on 10 MR 8TROHM Well, those type of deliveries 10 the uses, not so much the design 11 would--we'vegotaccessroute~beinndthebaekofthe 11 MSOOURDIE okay Wellthen, I-guessthenI 12 center for the largo truck deliveries and we actually do 12 was just concerned because we're going from a oe~ghborhaod 13 have a driveway variance that's gone before tho Traffic 13 center winch confines the area to a neighborhood area 14 Safety Commission that would be required Now, that's not 14 And what we're being asked te do Is a heavier request 1S something we're considering tonight but there is a 15 which is no longer n neighborhood entity So I just 16 separate driveway he::o and hero and tho intent of that is 16 needed some clarifies'ann Thank you 17 for dehveaues We don't want dehvory trucks driving 17 MR MC~qEILL corosausslon~l' Holt 18 through tho froot of tho center Wewantthemjustusmg 18 MSHOLT Yes What ls tho schedulo for 19 the hack of the cent~ 19 widening P, yan Road? 20 MS OOURDIE I gUeSS what confuses mo on that 20 MR MCNEILL [ don't think there Is one 21 is the back of the cnnter is whore the homoewners bye 21 MS HOLT sopossthly, then, fur ten years, 22 That's their homo You're in their hackyard and you're 22 we're going to have two two-lane streets? 23 having dehvoaes made in their backyard I just find 23 Ma STaOHM well, I don't want TO speak for 24 that difficult to understand 24 staff and what the City schedule is but I tinnk I was told 25 M~ STEVENS ff I may add, Fm Sandy Stevens 25 last night that that was a thre~ TO fuur year plan for THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 39 CondenaeltTM Page 21 Page 23 I widening mean, theae were a number of coocerns that wore addressed 2 MR REICHHART Perhaps Mr Salmon could -- 2 of the residents 3 MR STROHM And I maybe confusing that with 3 MR MCNEtLL I was OUt m that neighborhood a 4 Teasley Maybe Ryan is going to stay as it is 4 couple of weeks ago handing out cards to support the 5 MR SALMON Ryan Road currently la not in our 5 school dlsmet and I ran into soma people and the 6 Capital Improvements Program We are going to highly 6 comments that they made were they didn't know I x~ as on P&Z 7 recommend that Ryan Road be placed in the next bond issue 7 but the oommeots that they brought up were, well they 8 which we're hoping will occur sometime around thc end of 8 were more happy with this land of thing than they had been 9 200:2 SO depending on if that street is selected and 9 with the muluple family housing So I was ctmous what 10 depending where it might end up in the bond program, 10 k~nd of response you got at the neighborhood meeting 11 whether it ends up in the first year or the last year, you 11 MR RATLWF That was very consistent with 12 know, it could be three or four years down tho hne or it 12 thc response wc got from them They were womed about 13 could 1~ seven years down tho hne if it's chosen But 13 noise and light and we've comnutted to them to, you know 14 them Is no current programming 14 address those issues But they were obwously ~,ery 15 MS HOLT NOW, is Teasley within the next ten 15 concerned about three story apartments behind then' back 16 years7 I mean, renhsaeally, what's that? 16 fence and I think they are much more receptive to a qmel 17 ~ SALMON We think that we will be able to 17 neighbor that's pomtrA the other direction, land of awa) 18 get Teasloy Lane widened within the next six to eight 18 from them, as long as we're restricted as to what ~e can 19 years to a sm-lane divided road 19 do behind the center at sleeping hours 20 MS HOLT SO we could have six to ~ght years 20 And one of the changes that was made to the 21 with two two-lane roads on that property? 21 site plan, Just so you're aware, is the location of a bank 22 MR SALMON Right That's very conceivable 22 facility adjacent to thc residential area Thc bank 23 MS HOLT okay Thank you 23 facthty adjacent so that it does have more limited hours 24 MR MCNI~[LL Are you through vnth your 24 than two of thc other pads that might have more extended 25 remarks? Okay Commissioners, do you have other 25 hours So that was something that they -- we rearranged Page 22 Page 24 I questions? Ths is renlly not directly applicable to this some of the pad uses to fry to address thant concem~ 2 but yoo mdieated yoo had talked to the ne~ghborhood, have 2 Ma MCl~tLL okay Corarmssloners, do2, ou 3 you met with the neighborhood? 3 have other additional quesUons? Okay Thank you ~ err 4 MR STROHM Yes, WO have And Bennett 4 much And since this is a pubhc heanng, I will ask ~s 5 Rathff is hem tonight representing Hunt Properties and 5 there anyone else present who would hke to speak in 6 ha's had meeUnga with the no~ghburhood assocmt~on 6 support of th~s motion7 Anyone else present who x~ ould 7 MR MCIgEILL md you want to make a eomment 7 hketospenkansupportofthemotlon? Is them ansone 8 about that7 8 present who would like to speak in opposition to the 9 MR RATLIFF I'd be happy to I apologize 9 motion? Anyone present? All right Then, Conumssioners 10 for my tardiness I got caught in some of that traffic oo 10 you've heard the presentaUon and you've heard the 11 1-35 My name is Bennett Rathff 11 recommendahon from staff Do I have a:mohon on Ageoda 12 MiL MCN~tLL call TXDOT 12 Item 8 which is an amendment to thc Comprehansn c Plan9 13 MR RATLIFF I wsh I had some influence 13 Commissioner Williams 14 Yes, we have met with the ne~ghborhood Councflperson 14 MaWmLt^MS Yes I would hke to ask staff 15 Knstoph~son was gracious enough to set up a couple of 15 about thc community meetings What staff member~ ~ere 16 meetings with the residents and we met in one formal 16 present at the meetings to get some input from staff from 17 meeting w~th them at the hbrary out there and presented 17 kind of a neutral person? 18 the plan to, oh, probably ten ur 12 of the residents and 18 MR REICHHART staff was not present at any 19 took some of the~r comments to haurt and made a few 19 of the meetlngs Wewemn'tmformedofthemeetmgs We 20 changes 20 have asked if thoro are any future meeungs, that we be 21 One of the things that they really wanted was 21 included and they've agreed to do that 22 the eight-foot screening fence along tho back that Hunt 22 MR WILLIAMS okay 23 Properties has committed to bmld There was discussions 23 MR MCNEILL commissioner RashaI 24 about raorc landscapo buffe~ng along thc back Wcthd 24 MR RISHEL tllmakeamot:on I'dhkato 25 increase that somewhat Masonry on thc bmldmgs I 25 move to conUnue CA 00 001 to the next regularly scheduled THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 40 CondonseltTM Page 25 Page 277 1 mesons of the Planning & Zoning Colmmsslon I had a joint opening 2 MR MCNEILL It's been moved Is thoro a 2 MR RISHEL I'll make a motion I'd like to 3 s~ond? 3 move to conunue gem zP co oo7 to thc next regularly 4 MS HOLT second 4 scheduled meeting of the Planning & Zoning Conm~:sslon 5 MR MCY4EILL March 14th The next regularly 5 MR MCNEILL That should be 017 6 scheduled Jueatmg will bo March tho 14th We have a 6 MR RISHEL EXertS0 me I'd hke to move to 7 special meeting on the 7th Okay Is that all right? So 7 continue item zP 00-et? Thank you 8 the motion has been made Commissioner Moreno Do wc 8 MR MCNEILL TO? 9 havn a second? Has anybody seconded the motion? 9 MR RISHEL Dltto l0 MS APPLE comnussmn~rHolt 10 MR MCNE[LL okay Allnght Is theroa 11 Ma MCNI3ILI. okay Go ahead 11 second? 12 MR MOHENO And what ~S ~t that we're trying 12 MS APPLE second 13 to a¢comphsh between now and the 14th on this case? 13 MR MCNEILL It'S heea moved and seconded 14 MR RISHEL wc'rcjustleavmgltopen 14 Is therc any d~scussion on tho motion? Seelngnohghts ! 5 MR MORENO JUSt leave it open? 15 vol{ on thc board, please Motion passes 6 1 l(~ MI{ MCNEILL Yes 16 (COMM[SSIONERWILLIAMSVOTEDINOPPOSITION) 17 MR REICHHART I think we'll got you -- 17 MR MCNEILL I think part of thc message that 18 MR RISHEL I think a road study, pending 18 should ge forward to Councd with this, and I hope that 19 study coming m, sovesal othes things 19 ~ wdl teed tho mmnt~, but thane was -- and I know :20 MR MOP, ENO Pending studies and so forth, 20 that I've had several of you mention it to me end I think :21 okay 21 theme's been others around thc City that were a similar 22 MR REICHHA.RT COrr{~t 22 scemario that occurred on a previous request that, as :23 MR MORENO on the 14th, our task will still 23 Commissioner Williams said, didn't draw much a~ntlon 24 be to aonsidec an ameadmont to the Compr~easive Plan and 24 when it got to City Council And I hope that the City 25 the amendment of the planned dovelopmeat We're not 25 Council will not~ that when we send a vol{ forward with Page 26 Page 28 I loolang at tho $1t~ plan, ar~ we? We're not cons~denng I 7-0 that there is strong feelings on that, on that 2 dus particular s~tc plan that's been presented to us? 2 par~cular mot~on 3 MI{ MCN]~ILL ThO Sit0 plan domn't como ~nto 4 beanng ~ because thc first tl~ng we'll bo looking at through 9 and 5 is do we want to recommend, as I understand it, a change we will close the pubha session and wa'Il go rote work 6 in the Comprehensive Plan from neighborhood center to Pabh¢, excuse me~ the open session and 7 commumty center 7 session, I guess is the corr~t way to say that 8 Ma MO~O okay 8 1 keep me straight hero 9 MR MC~Nq~ILL That's the first :tern And then 9 to the work session That will be 10 II{m No 9 then would deal vnth thls change of the PO to 10 woxkroom -- Commissioner Williams 11 th~s add]tionul use Okay? 11 MR YeS Before wn ~e the 12 MR MOP. ENO Yes, sir Okay Thanks 12 pubhc meeting, staff 13 MR MCNEtLL That's my undorstaodmg Is 13 Plaamng s of Denton an apology 14 that -- staff, is that cormnt? 14 I'll just leave it at 15 MR REICHHART Corce~t 15 that ! 6 MR MCNEILL okay All right So we have 16 MR MCNEILL ] and appreciated 17 thc motion on thc floor Wchavcaseeond Istheroany 17 Thankyou All wc'll move to 18 additional d~scussmn? Everybody understand what we're 18 work session 19 votingon? Okay Allnght Vol{ on the board Motion 19 20 passes 6 I 20 ) 21 (eOM MISSIONF~R WILLIAMS VOTINO IN OPPOSITION) 22 MR MCNEILL IS thole a motion on Ageada 22 23 Item 9? 23 24 MR RISHEL YOU n~ to open the -- 25 MR MCN~LL We Opened It We opened ~t Wc THE PLANNING AND ZONING COMMISSION FEBRUARY 28, 2001 41 CondcnseltTM Page 53 Page $$ I MR MCNEILL All right Addlttonal issues7 All right I'll close the public heanng then 2 Are you ready to vote? Vote on the 1 sta~'f, do you have any closing comments'~ 3 Motion passes 4-1 MR GRAY staff reeonunends approval 4 ~ and final replats 5 The MCNEILL Very good So I'll 6 pubhe ! on a replat And are 6 entertain 7 7 Comrmsstoner I 8 two of them r an 8 I move to a prelmamary 9 objection, ~ to ~ heanng after 9 plat on th~ Section K 10 we hear from then we'll do 10 MR mean to say rcplat? 11 separate mottons o~ ~ray, would you hke to 11 12 bnng us a report? 12 MR 13 MR OI~Y Yes a prelumnary replat 13 MR MCNEIL' $ been moved and seconded 14 for the Preserve at K The reason 14 that we a ~ replat Is there any 15 why we're doing i Is because the area 15 Seeing none, would 16 16 you vote on' 5-0 17 land, 8 17 I ttem, then, f there's any 18 part of the of 18 Item 9, which is th~ Is there 19 ~eean Creek, SO 19 any 20 includes the property that was MS HOLT I move to i~ of MR MCNEILL G0 ahead and Preserve at Pecan Creek, Seetton K, bernI of 9, also of Lot 2, Block 22 MR ORAY And as far as the final plat Is aght-of-way concecned, the only reasola why we are holding a pubh, MR MOP, ENO And I'll second is,that technically this final plat is a replat in ight-of-way 2 ; the preserve at Pecan Ckeek, maybe would you ~ 5 And h this ts such a troy amount, t{ 5 The next item Is Item 10 But I would hke to 6 following state statute and t ~ 6 do tho same with that as we did with the other and open a 7 ~ha replat 7 pubhc he. arlng aria' the staff bnngs their comments 8 MR comnnsslonors 8 Th~s ;s at the corner of Teasley Lane and Ryan Road And 9 qeasttons fur sl 9 Mr Oray ;s going to bnng the staff report on this 10 much Is the a tho pubhc 10 planned development 11 heanng We'llbo ltho 11 Iv'mORAY lguessI'llgoahcadahdaddiess 12 pubhc and the apphcan [ then 12 both tho zoning plan as well as tho comprehensive plan 13 wc'll vote separately on t I tho applicant hero 13 amcndmeat You have seen th~s project before It's 14 and would ltko to ! 14 actually been continued trace now As you nught remember 15 lo.ha Anderson 15 from thc last meehng we bad, we were digesting some 16 And I'm 16 discussmn that Council had the prevmus evening regarchng 17 ~, replat a 17 traffic along Teasley and the affect of a eommumty 18 very good ~, do 18 activity center such as being proposed hero on Teesley 19 ~r Mr Anderson7 Anl 19 And, in fact, there was an updated traffic 20 tmuch Isthereanyonomtho~ 20 study provided by thc C~ty's traffic consultent AndI ~ to address th~s ;ssea e~ther fur or ~ 21 beh~ve a copy of tl~s updated study has been prowded to ~ in th8 audience who would 22 you In your backup The traffic, of course is an lon't have any cards, do we? Okay So w 23 overwhelmingly concern r~garding this d~volopmeat This ) cards,,and so I'll ask a third time, is th~r~ anyone m 24 -- pu~cg a commumty actiwty center he~ really is - I tha audience who would hko to address e~ther cea of these thnk it's staff's wow a two-edged sword On-OhO hand, TI-IF. PLANNING AND ZONING COMMISSION MARCH 14, 2001 42 CondenseltTM Page 57 Page 59 I If ~t ~s able ~- anoth~ grocery stem Is able to pnil MR ORAY COFi'Ca t 2 traffic away from the congestion at Llhan Muller and 35 2 Ma. Met, reid, t, 'thank you very much Other 3 cast, it's good, however, if It increases trnfllc along 3 comments or questions for staff'/ Thank you very much So 4 tlas portion of Tcasley and Ryan, wlnch currently arc 4 Commission, what is your pleasure? The staff is 5 unnnproved two lane roads, then it's also bad 5 recommending a continuance The apphcant I behave ~s 6 So v~ havn some serious concerns _regarding thc 6 here And is it your pleasure that wc open the pubhc 7 traffic There's a concern that a commumty aclavity 7 heanng and let the apphcant speak? 8 center will have a hatter affect regarding thc traffic 8 Ma ~uslmL YeS, and the pubhc 9 aloag Tcaslcy if lt was moved as far as poss~l~ away from 9 ivm MCt~It~L YeS, and the pubhc Thankyou 10 1-35East 'rhefartherthecommumtyacUwtycectcr, th~ 10 very much for corroctmg me ther~ So wa wtll open the 11 moro spread out the, I gueSs, the traffic dcesiUcs would 11 public heanng then and hear input from the apphcant and 12 be And that was ooa of the conccms that Cotmcd brought 12 thc pubhc on Items l0 and ll And thec after we - after 13 up at their meeting a couple of weeks ago 13 wc close the public heanng, we will vote to contmus 14 Another problem or concern we havn is wlalc, 14 these scparataly or vote to approve them or vote to turn 15 for example, Hickory Crock is, I behove, and Mr Salmon 15 them down separately, okay So if tho apphcant is hem 16 could correct mn If I'm wrong, but I trunk that thtnc is 16 would he like to make a comment? 17 already funclmg or, at least, progronumng ~;ts~&ng an 17 ua lo~'rLt~ Thank you, Chun-man, members of 18 tmprovemeat of Hlnko~ Crock further to thc south We 18 thc Commission MyanmetsBcanettRathff Irepresent 19 don't have any funding or tmprovements progx~mmcd for Ryan 19 Hunt PropertieS, tho actual d~veloper of the center Last 20 Road at that ttme And so if this development as phccd 20 meeting, I apologize, I was delayed by the weather and was 21 hea~ with that unimproved two lane road there what is 21 not here to make the presentation So I'm hero tonight :~2 going- whatlstheaffcctgomgtobemlermsof 22 andhavcafcwcommcnts Aswesrathestaffrcportwe 23 traffic? So on the one hand wc reahzc that thc apphcant 23 havebeencontmuedacoupleoftuneSonth~s Audit,s 24 has been delayed and we've -- qmta honeStly w,c really 24 certainly the keen interest of Hunt Properties that flus 25 d0n't want to delay him anymore, but, on the other hand, 25 project continue to move forward As wth any real estate Page 58 Page 60 I we, as staff, just don't feel as if there's enough I deal, there's a contract on a piece of land That's not 2 mformataon at th~s amen especially regarding th~ traffic 2 indefinite We don't have the optton of sltang on our 3 to make a recommendation, so what wc ~ould sug~st is that 3 hands and waiting mdefimtaly for a decmoa So wc 4 the apphcant go over our consultant's commumty acttvity 4 would certainly like to sec some some resolutaon 5 center impact study as ~t relates to Tcasley Lane and, 5 tomght if at all possible 6 perhaps, revise thane ~ or address the ~ssues that am 6 With that said, l~t mc provide a few comments 7 brought up in our study as necessary because be, fmc wa - 7 We arc here tonight to pmsect our comer, the comer of 8 and Mr Salmon can speak to this But before w~ make any 8 Ryan and Tcesley and not necessarily in compcttooa w~th 9 mcommendatious, wc want to know exactly ca- have as close 9 any other corner, just our corn~ And how our 10 an idea as poss~bla as to what this wrll do as f~r as 10 development fits into the I~ntoa Plan and the 11 traffic is concerned So we cannot mnkc a s~cr,mmeedatton 11 Comprehensive Plan and the zoning of th~Clty of Denton 12 at this tune, therefore, we must recommend conlmusncc 12 In our reading of the new Denton Plan, thc Denton Plan ns 13 MIL MCNEILL ConurllSSlOn~'s, do )ou ]~,ve 13 concentrating on mom density, encouraging leSs urban 14 queStions? I gueSs, I have one queStion seeing no hghts 14 sprawl, encouraging moro consohdauon towards the 15 In the memo hem from Mr Hill, Assistant City Manager, 15 cx~stmg areas that arc developed in Denton We behave 16 Item 3, he, I guess is saying, d I road that com~:fly, 16 as a result that our center is accomphslung part of that 17 thc actavit~ center should be located closer to Haekory 17 8cai We am not -- we're on the edge of cmstang town 18 Road, is that what h~s memo said? 18 We're not further out away from the edges of town Wcaro 19 M,'~OI~.¥ mght Ittunkthatwasoncofth~ 19 trymgto, Itbunk, mcompansontootherceatersthat 20 thscuss~ous that Council had 20 you've been tallang about, we arc trying to mcat some of 21 MR MCIq~ILt. wl~ch is where P&Z ~er~nmeadecl a 21 the goals of the Denton goal We're closer to town 22 center be placed, was that not correct? 22 We're trying to discourage urban sprawl 23 ~a oltnY correct 23 Master planning as a result, I'va been in tbs 24 tvlR. Mca, mFut, wl~ch was then toraed down by 24 business a long ttmc es I know a lot of y'all have been 25 City Council? 25 Masts' planning is not intended as a snapshot ~f a City TI-IR PLANNING AND ZONING COlVIMISSION dARCH 14, 2001 43 CondenseItTM Page 61 Page 63 1 It's a plan It's an ultanato plan It involves not I commercial and multi-family, not residentia! The one 2 current infrastructure, but ulumata mfrastructu~ what 2 thing we do d~sngree with Ins study is that ho compared 3 you destr~ the City m look like, not necessarily what it 3 the traffic that we would generate to a comparable 4 looks hke ~oday I dare say that if tbe~e was not water 4 residential development 5 lines in the area, that it sull '.s ouldn't affect a master 5 Our site is currently zoned commercial and 6 plannmgeffort Itmaghtaffectanappmvalofaslt~ 6 multi-family It's not currently zoned residential It's 7 plan, but not a oomp~hens~,,e plan amendment or a zoning 7 not currently unzoned It's identified in the 8 casa Pught now the only infrastructure issues that ar~ 8 Comprehensive Master Plan as a commercial area It's 9 involved with Ryan and Teasley ar~ traffic-related issues 9 identified in the current zoning map as a commercial and 10 There are traffic-related issues in multiple places la 10 multi-family area So we're not asking to dramatically 11 town Those are issues that are better dealt with at the11 change the traffic that should have already been planned 12 site planning stage or site pro.~eet plan stage as opposed 12 for for this area We're just asking for a slight 13 to a master plan, comprehensive plan amendment stag~ We13 modification to allow us to build a grocery-anchored 14 have gotten a copy of the ney., traffic study We have 14 center as opposed to a non-grocery-anchored center 15 reviewed It We have not dona another exhausUvo study 15 That's the gist of our request Mulh-famfly, as ! know 16 This ~s the second study We had one commissioned Y'all ltl y'all are aware has been tried on this property and 17 have had one comnussieeed, and, frankly, we agr~ vath 17 denied Now, we're asking for commercial So that's thc 18 yours And let me tell )ou '~hy 18 bottom lme of our reque~st Wceartamlyappreciateyour 19 Th~o are about six comments that I eon quote 19 consideration We're trying to keep the process moving 20 out of your study that I'd ~ to quote to you,- One, in 20 forward and would certmnly encourage a vote if it's 21 th~nr study, th~ sullied t~o centers -- two t~m-aore 21 appropriate I'll be happy to answer any questions 22 centers to consider in th~s area of town, because in the 22 We do have our traffic consultant here with us 23 words of your consultant, ttus area of tuwn needs two 23 tonight if you'd like to talk to hun, Mr .lack Hatchell, 24 centers It would atiract areas -- to atirect l~ople from 24 if you'd l~ke te talk to hun as well 25 thaenttt~studyarea We behcv~ that wo'r~ ono of these 2:5 MR MCNEILL comnussloners, doyouhave Page 62 Page 64 1 centers I questions? Commassioner (}curdle 2 Our proposed site is m the center of the 2 MS C, OUImlE Thank you Can you off the top 3 study area, not on a boundary, not near an edge, m the 3 of your head tell me how many grocery stores so to speak 4 rmddle of the study area that your consultant ldenUfied4 that you are requesting 58,000 square foot grocery store 5 as needing a retail center Aeeurdmg to your consultant,5 are located witlun a hale of each other that you know of? 6 traffic on Lflhan Miller to Robinson will significantly6 Me. I~.ATLI~ Loeated within a rmle of each 7 decrease w~th the construction of a center south of there 7 other? 8 We are u center SOUth of there 8 MS GOURDIE uh-hub 9 They're saying that In the short term, the 9 MR RATLIFF I don't know m Denton in 10 development of an set,wry center m this area will 10 particularly In my professional experience I've built 11 actually improve traffic on the Teasley Lane corridor I 1 grocery stores across the street from egoh other before 12 Theyalanjaythatxt'seasxertoeddresstraffioalong 12 MS OOUImIE okay And do -- how wide are 13 the comdor -- that it's earner to address the corridor's 13 the roads? }tow many -- describe it to me Are you 14 infrastructure needs vnth the nnplementatton of an 14 talking about Man Street in Lew~svllle where there's one 15 actiwty conies' than w~thout Again, we behove we're 15 on every comer, but you've got ten mtles of a stap road 16 that act~wty center 16 on a six lane d~vided road with medians and traffic light, 17 So m short, we agree vath your consultant 17 or are you talking about a two lane road that's rooftops9 18 We believe he believes that a center needs to be built 18 MR RATLIFF They vary And in my hometown, 19 down here It wfi. l help your traffic problems m the 19 I live in Coppell, there are two grocery stores at either 20 shortterm It wfll serve the area Itwflldeerease 20 end of a two-lane road that's eurrently under construetion 21 your traffic at Ltlhan Yeller and 1-35 It's something 21 to widen to a six-lane road, but it's been that way about 22 that's needed m the area because he sa~d there ought to22 slx years as a two-lane road 23 botwo Andwebehevo,a~'rethateaater Whatwe're :23 MS GOURDIE But Coppell has a whole 24 askang for tomght is an amendment to the Comprehensive 24 different standard m design, and set backs and berms 25 Plan and a zomng change from a current zoning that as 25 Ma RATLIFF I understand I'm tgst sa, an,, ;l'I'lE PLANNING AND ZONING COM31ISSION MARCH 14, 2001 44 CondonseltTM Page 65 Page 67 1 it was on a two lane road when it was built I based on the current zoning that's on place on the tract 2 t~ls ootrea~l~ ahoy do a &fferent busmeas 2 today With our change, It's probably closer to 8,500 3 than w~ do up h¢~ m D~nton, se I'm just txying to g~t 3 So we're aslang for about an extra 1,000 or 1,500 cars a 4 the feel for what yon're proposing hero And, also, why 4 day 5 do you ba~ e to go from a neighborhood center, wh:oh is 5 MS GOURDIE Have you ever driven this street 6 what the Comprehensive Plan f~ls that th~s ama n~ds, 6 at all? 7 winch ~s moro of a neaghborbaod facility versus a 7 MR RATLIFF Yes, ma'am, been on it several 8 community mixed use, which means according to that 8 tunes 9 definmon, ~t would service 40,000 p~ople and go eight 9 MS GOURDIE So do you find tt difficult in 10 nulea out, wlach is pretty much - encompasses tho whole 10 any way to traverse when school lets out and when -- I 11 C~ty of I~aaton To men that's pretty oxtren~n for this 11 mean, there are certain tunes I have to plan driving that 12 hula area $o I need to understand why you n~l to go 12 street It's just smoothing you plan each day And so 13 to such a hugh dafimtioa or term to put m a grecery 13 I'm aslang if you're going to say that these people are 14 atom 14 not only going to have to endure all of the extra homes 15 t,m. P.n~lF~ xba only diff~nco between what 15 that are being proposed that aren't out them now, which 16 is currantl) zoned for and what wa're roqueaong to 16 Is, what, three, four 5,000 homes that ar~ going to be put 17 construct is the grocery component All other usa that 17 OUt them, wluch makes it a very good site for a grocery 18 would bo m that c~ter are typical ndghborhood uses, 18 store, I agree, but add that, plus your 8,500, I 0,000 and 19 baa'em place, neighborhood restaurants, video stor~, 19 sometunea Albert,sons gets up to 20,00'0 cars over on that 20 things that normally would by in a commercgd neighborhood 20 one comer So I just need to understand Help me -- 21 smpcem~r The dffforertce is that this would bo a 21 sell me on tlus And you'ro not selhng mc, soljust-- 22 groctn"j-aochom:l amp center with a neighborhood siz~ 22 MR RATLIFF well, let me give you some 23 groco-.~ star* Kmp in rmnd they're molly about thrm 23 ammunition, okay? 24 categones of grocery stores right now that am being 24 MS GOURDIE Sure 25 bruit Tbom's tho small discount grocery store that are 25 MR RATLIFF ~0 percent of tho tops to a Page 66 Page 68 1 running about 49,000 sqoam fret that I know y'all have I grocery-anchored store are generated by people that live 2 some recant exp~nenea with 2 within two to three hulas because that's how the S T'tm* are the -- what they call tho 3 demographic studies are done about where to locate a 4 neaghborhood size grorxay storea that are beang bmlt by 4 grocery center, they look at how many rooftops there am 5 Kroger, Albo~oos and Tom Thumb that run anywbaro from 56 5 within u two to five mile radrus depending on the market 6 to 60,000 squaro fret And thero am the grocery super 6 In tlus ease, tt'sabotltathree-imleradms Becauseany 7 stems that start at 75,000 and go up from them And so 7 furthex than that they're going to go to Albertsons up the 8 what we're lalang about is tho neighborhood olasslfied 8 street I mean, they're going to go the other direction, 9 component of what's typically done by tho thrm major 9 or they're going to head down to Connth 10 grocers that we've worked with Und~ your Comprobansivo 10 So if you look at about a three-'rmle radius, 11 Plan, tho change that's actually proposed for this area 11 these are trips that most of the people ~ ta!~ng anyway 12 w~thont au amendment would allow the dls¢oent grocer to be 12 Now, if we put a counter at the gate of our center, that's 13 them xnthout a cbang0 Wa're asking for tho cbango to 13 how many tops we're generating But I know personally 14 allow some of tho compet:tor~ to bo thoro as w~ll 14 for me ff I'm going to the grocery store, I'm usually on 15 I~ts. oom,,oll~ And what is tho approximate 15 my way to do somettung else I'm on nay way home from 16 amouat of traffi¢ or cars - or lat's just say, howmany 16 work I'm on my way to take the lads to baseball I'men 17 cars ar~ going to park them m a day, m and ant? 17 my way doing something else I very ruruly make a 18 bm. ~.~' ~'ark them? According to -- 18 dedicated to the grocery store My wife does once a 19 Ms. OOURDI~ oren~i'y shop shop, go gat a 19 week, but, you know, if xt's to mn In and get a gallon of 20 vulee, what~ver? 20 milk or go get a haircut or sometktng We're out doing :21 Mlt RA'naFI~ it's really hard You know, I 21 all lands of other tlungs anyway :22 doa't lmo~,~ that wa'va ever dose a count We eau ask Jack :22 So most of these tops, wtule ff you put a 23 Hatcball ff bo even can throw t~ some numbers Pdght now 23 counter at the gate of our center, yes, w~'re going to 24 with tba zomag of tho traot that's there today, the site 24 geeerate 8,000 tops a day, but I will tell you 90 percent ~5 would probably igmerato in the neighborhood of 6,500 cars 25 of those cars are on the road already and they're running THR PLA'N'-NING AND ZONING COMMISSION' MARCH 14, 2001 45 CondenseItTM Page 69 Page 7 I through that intersection already 1 square feat 2 MS GOURDIE Soyou're saying you're a 2 Tha$8,000squaro footstorethey'eapmposmg 3 destination, which is going to bring people there? 3 would bo prot~ much an tho freddie of the.so community 4 MR RATLIFF I/O, I'm saying we're not a 4 stores which, of course, is why they're requesang 5 designation I'm saying we're someplace that people are 5 community activity centers as opposed to a nalghborhood 6 going to stop because they hve in the neighborhood and 6 activity center Then, of course there's the Wal Mart, 7 they drive by there anyway A destination is something 7 which is v~II over 100,000 square feat, which as the 8 you load up the kids and say, hey, we're going to 8 City's only regional grocery store David Salmon might 9 Stonebnar Mall 9 have some comments so I'll defar to h~m 10 MS GOURDIE well, a lot of people load up 10 ~nR SALMON I'll try tO be brief Just a 11 their kids to take them to the grocery store 11 httle blt of ~xplanation A lot of tho statements that 12 MR RATLIFF But what I'm saying ts 90 1:2 Mi- Rathff read out of tho study were - I mean, they are 13 percent of th~ trips, people are out running around anyway 13 m tha study, but they're mainly apphaable to the 2016 14 and they're going to run to the grocery store and get a 14 scenario that was looked at m the study In the 2016 15 gallon of hulk while they're out And, you know, it's a 15 scenario, it's assmmng that Tcesloy Lane has already hacn 16 trip that's a combination trip because the intent of this 16 constructed to six lane divided And that nnpmv~ments 17 project ts that it is a netghberhood center It's 17 have bean already made to Ryan Road and to Hickory Creek 18 intended to serve the neighborhood It's the people that 18 Road 19 live there already 19 So, although, they are true statements, 20 MS GOURDIE Am yOU fanuhar ~th thc piece 20 they're tn~c m tho long term miler than In the short 21 el' property off of Teasley and 1-35, whioh has tho Wren 21 ~ Ona of the things that tho study dad -- w~ll, first 22 Dixie and the gym and the Blockbuster and -- is that 22 of all, the ongmaI Tessley Lane comdor study made an 23 comparable to what you're requesting to put on tins piece 23 assumption that ther~ would bc possibly up to two of these 24 of property'/ 24 centers And a made the assumption that those centers 25 MR RATLII~F I'm not fmmhar w~th that one 25 would bo located in an area that looked somethn8 hko Page 70 Page 72 1 I'm sorry I don't know that one I this on the map meamng that those cent. s could occur on 2 MS GOURDIE Thank yon 2 Teasley Lane betwean Hickory Cr~k and R. yan or even 3 MR MCNEILL Other questions? Thank you very 3 anywhe~ along Ryan Road or Hickory Creek Road So when 4 muoh Is there anyone in the audience who would l~ke to 4 our consultant looked at eapeaially tho :2004 scenario, and 5 address either one of these issues? Anyone m the 5 actually this is tho map from the 2004 scenario with this 6 andiene6 who would hke to address either one of the 6 oval running east and west, at did significantly lower tho 7 tssues? Cormmsstoners, do you have additional questions? 7 amount of traffic on tho north end of Teasley Lane, made a 8 Staff, would you like to make closing comments? 8 nunar diff~ence m the traffic along tho central part of 9 MR GRAY David Salmon mtght have a few 9 TeasleyLane Butltreallymadethotraffiojumpupon 10 comments I just wanted to point out real quick if I can I0 Ryan Road and Hickory Creak R. oad 11 find tt regarding grocery stores and the size thereof We 11 And, of coarse, tha same m the 2~116 study 12 did an inventory of grocery stores about a yeer ago, and 12 It was a very aumlar type of t~ung Than what our 13 we discovered that, indeed, there are three or even -- 13 consultant looked at and it's Danny O~mrnmgs, what he 14 three or four different categories of grocery stores 14 looked at then was, well, what if we make sum that we 15 because all the square footage generally falls rote a 15 don't put those centers on Ryan or H~ekory Creek, but we 16 certamcategnry Ofeourse, them's The Cupboard, wluch 16 mako sum that th~y front on Tcesley Lane Sohadrewa 17 tS more of a specialty store, so it's only 16,000 square 17 new oval running north and south Basically, what the 18 f~et And then there are the -- the smaller grocery 18 study says is that solves tho proble~m on Ryen Road and 19 stores lfl<e th~ Piggly Wtggley's and the Food Lions, 19 Hickory Cr~k for tho most part an terms of, you know, 20 which, of course, am vacant now wluch are anywhere 20 reducing the amount of traffic on those, but tt docs bump 21 betwcen20,000squarefcetand33,000squamfset We 21 thotrafficuponTeasl~Lanetosomeextent So, I 22 would classify those as neighborhood grocery stores And 22 guess, that's wher~ staff gets ~ts conclusion is that for 2:~ then there's a larger tier of grocery stores, which 23 tho t~me being adclmg two cent. s on Teasl~y Lane 24 maludo the Albertsons and the Kroger, which is anywhere 24 eonsidenng that there am no current nnprovements 25 between 67,000 squara feet to 43 and a half thousand 25 probably as not a good Idea, although, one may bo oknv TItlE PLANNING AND ZONING COMMISSION MARCH 14, 2001 46 Condens ItTM Page 73 Page 75 1 What kd us to behove that maybe south would as far as I know, th{no w~rcn't any negative comments from 12 bc better than furtbor north is the fact that Hickory 2 tho City on the study, or thc commcnts I got back They 3 Creek Road is already progranun~d In ORr CIP and should bc 3 d~d recommcnd some turn lanes and I think that's part of 4 under construction, hopefully, by late this year, to a 4 the solution to tho traffic situation on Tensley Lane My 5 four-lane divided anyway And, ultimately, is going to bo 5 study dealt with the projected traffic from the retail 6 a slx lane divided where Ryan Road is cun'ently not 6 center from the proposed center and thn existing traffic 7 pmgramed at all and, ultimately, Is really only supposed 7 on Teasley Lane I did capacity analysis The 8 to be a four lane divided road The statenleats that ~ 8 lnterseatlOn of Teasl~y and Ryan Road was shown dunng the 9 Rathff rend are true When you g~t to 2016 and all of 9 aftemenn -- thc penk bout, which Is thc highest hour for 10 these unprovenlents have ~ completed, thee we think it 10 hap generation for retail center, that it operated what 11 would be reasonable and our consultant agn~ that it 11 wo call level of s~-vlco B And I know you've heard level 12 would be reasonable to have two d~ffercnt locations or two 12 of service several times And so it operated 13 of th~se c~:nters in this area along Teasl~y Lane and that 13 satisfactorily 14 It we(lid acntally maha a minor mlprovomeat in tho traffic 14 I had recommended a southbound right turn lane 15 on Teasley Lane And I was just trying to Feed of pat It 15 coming off Teasley to torn nght to go to the -- west en 16 m a nntsh~ll so you would understand why our 16 Ryan Road The staff and I behave the applicant agrees 17 recommendation Is what it Is 17 w~th soma additional turn lanes on the driveways off of 18 MR. MCN~ILt, In the current proposed zoning 18 Tecsloy going into the r~all eant~r and r~ally tho 19 down through th~'~ I listened to City Council whoa th~s 19 capacity of a roadway Is deteamn~d at that signalized 20 came up, and I romeanbor thoro was soma con. e.i~n on say.al Z0 mtersecttun bocense that's where -- if you have a 21 of the nounogmambors' parts that under the current 21 roadway, you know, two lanes or whatever it Is, tbom is a 22 scenario about the only thing you could put up and down 22 nnrtam hmlt to the amount of traffic on that roadway, 23 Teasley Lane w~ro 7-!aloven's So this is a movemeat to 23 but the hrmtmg factor Is that mt~rseation And if you 24 put some nnighborhood centers in there whore we could have 24 can make that intersection work by adding turn lanes, turn 25 some folks, stop thom from dnvlng up to 1-35, which s~ras 25 lanes, for ~xomple, off Teasloy Into tho dnvoways going Page 74 Page 76 1 to make a lot of sense to ~ becaus~ I buy tho urgtlmont I into the rated center, then ymi'ro not doing that much 2 that If you have those centers m there, people are not 2 damage to Teaslay Lane with tho traffic that's generated 3 going tO gO all the way up, we're going to taka traffic 3 out of tho r~tad 4 off tho north end of that thing even under the curry=at 4 And I think Bennett was correct on -- in the 5 scenario And I guess I also stthscnbo to tho belief 5 report as I recall, this piece was conslde~d to bo single 6 that we lend of operate under the baseball ph~'nomonon 6 family residential, when, mdo:xl, it would g~noratu 7 hor~, the movie, we don't budd It end they come They 7 somewhere -- I haven't run the ~xact numbers, somewher~ 8 come and then w~ btltld It, ttufortunat¢ly 8 around 6,500 haps a day with Its current zoning And 9 And we now ar~ m a scenario whore they're 9 we're increasing it 1,500 to 2,000 haps a day And a lot 10 going to have to budd Thc Stat6 is going to have to add 10 of those haps, what Bemiett was tullong about, what we 11 these highways What's tho proj~tton now for Teasl~y? 11 call pass by haps, and I think just as a cltn~n I'm 12 What' s the earhost projentlon? 12 going to take my hat off ns n traffic engineer and bo n 13 MR SALMON The earhost proje~tion of 2006 13 citizen lf I'm on my way homa from work, Ivallstopby 14 MR MCNEILL okay Vol~good Coml~8$1onex 14 thatgrocorystoro You wlll stop by wbon you pack up the 15 Rtshol 15 leds and go do the weekly grocery shopping If I'm going 16 MIL RISHI~L I'd hate to s{~ tho Hunts 16 to stop by a cleaners, I'm usually on my way home or on mY 17 engineer Jack Hate. hell not have an opportunity to dsfend 17 way to work or -- there's some oth~r hap that I'm taking, 18 himself It sounds hke they'd rather us~ our study than 18 so I'm already out there on the strut end when you add me 19 hts study so I want to hear what Mr HatcholPs feohngs 19 as a r~tall hap to go to thc center, you're double 20 urn on what the difference between his study end tho 20 counting me You're saying I'm out tboro twice, when I'm 21 City's study, If they could kind of s~mmanzo those for 21 only out thoro once and I just mnkn an lnturalediato stop 22 mo, I'd like to know where they chffexed I didn't get a 22 So my traffic study show~d that tho 23 ohanc¢ to read your study all the way 23 mterseaaon and the site would work That was not 24 MR HATCHItLL Collurllseloner Rlshel, Jack 24 addressed In the traffic study that Danny Cummmgs did 25 Hatch¢ll~ traffic consultant I prepared tho study, and 25 His was an overall picture of just 24 hour traffic on THE PLANNING AND ZONING COMMISSION MARCH 14, 2001 47 CondenseItTM Page 77 Page 79 1 Teasley Lane where I got down to a detailed analysts and I calculat:ons I can't rccull without going back tu the 2 It did show It would work 2 r~port Normally, what I will do is I will project thc 3 MR RISHEL The primary lughway, that ts a 3 increase In traffic out to the tune the shopping center is 4 State tughway, ts that correct? 4 going to open I know I have done some studlea on Tcasley 5 MR HATCHELL Yes, sir It's a farm to 5 Lancwhcrcv~tookmtoaccountullthcdcv©lopmcntthat 6 market road 6 had been approvcd along Teaslcy Lane at that tune So the 7 MR RISHEL SO what ts the total dedication 7 answcr to that question is ycs 8 width that that will he cvcntually, ts that 120 foot? 8 MS OOURDIe. SO yen're assunung th~s 9 MR HATCHBLL If it's a atx lane divided It 9 development, if it's approvcd vnll be up on hne when? 10 should he 120 feet of right-of-way 10 Ma H^TCHeLL I was assuming a would be up 11 MR,RISHEL okay And that's part of your 11 unlme, Ithmk, withmatwoyearpcnod-- 12 plan as you have represented it now, right? 12 Ma OOURDIE $o 2003 when we have only maybe 13 MR HATCHELL Yes, sir 13 700 homes up and we're still anticipating 3,000 more to 14 MR RISHBL And the other street that's 14 come up and your traffic count no longer -- It's obsolete 15 uumedmtely north of that, that {$ Ryan Road? 15 at that time, is that correct7 16 MR,HATCHBLL Yes, sir 16 MR. HATCHELL No, thcrewasn't 3,000 17 MR RISHBL And the dedtoulion on that ts 17 Normally, youql assures -- and I'd have to go back to the 18 total amount? 18 study -- 19 MR HATCHELL Pour lanedtvtdod, I can)t 19 Ma ~ouant~ well, Iknow, but smcayoa've 20 recall what the right-of-way ts - 20 been h~m, trust me, tho rest of Teasley is pretty much no 21 MR RISHEL 90 foot 21 longer an equestrian center It's not what It was three 22 MR, HATCHELL la It 90 fOOt? 22 yaars ago It's now all rooftops SO that's my whole 23 MR RATLIFF We~ve shown on there what the 23 concernlswhanIhear trafficcounta Ifindth~n 24 City told us they needed 24 laughable because it's not -~ it's an lllusionary number 25 MR RISHI/L 90 foot~ ts that a -~ shake your 25 It's not a roahty number So I appreciate yom' tune but Page 78 Page 80 I bead Okay Thank you very much I from my prospeet~v~ when your place is up and running and :2 ~ ltATCa~LL I would cncouraga you just as a 2 wc've got 3,000 rooftops, wcll, the traffic Is a different 3 side note that -- because I'w dealt with tl~s, I've spent 3 sccnano, just as - and to bnng it into perspechvc, 4 tan years in and pardon me for saying Plaun, but I spent 4 five years ago, wbcn Wmdnver didn't exist or the Beaser 5 ten years on thc Plane City Council and prmr to that on 5 estsbhsluneat, cveryunc thought thc roads would bc 6 thc Planning Comunsslon, I would cncouraga tha City to try 6 adequate And tbey pernuttod all these homes to come on 7 to work with TXOOT to speed up th~ construction on the -- 7 and now v~ re~bz~ that that wasn't sunh a good idea $ unproveatents on Teasl~y I think that -- I know what we 8 b~ause now we're waiting at hghts, thr~ or fem' lights 9 found and, ~ again, I hate to talk about a City I've 9 to get off of Ldhun Miller because w~ did not thtnk 10 been involved with and bgng in another City But it's 10 ahead and anticipate what 1,000 homes would do to th~s 11 been successful if we com~ to th~ table with some money, 11 httle road ..' 12 they mov0 you up on the priority hst and g ceo be done 12 And I think that's what we nerd to do Is we 13 quicker So just a side comment Thank you 13 have a reahty issue that coafhcts with the number issue 14 MIL MCNEILL. commissioner (~ourdle bas a 14 And that's the only reason why I'm queatlomng the 15 question and then lbo apphcant would lake to have a 15 exlsUng traffic 16 r~buttal 16 Ma HAT¢~ELL t m not going to argue vnth 17 MS OOURDI~. idohavnaquestlonconeermng 17 you Could l add a side bar to that? I'm an aRornoy so 18 traffic counts It always fascinates me that the traffic 18 va: talk about side bars And I th~nk the main benefit is 19 count is done on existing traffic Is the~ any 19 and I agree with you, adding more homes, you've got 20 computation that's added in th~ro for the extra, thc 20 work trips, and you've got more p~ople out on Teasley I 21 Ashton Homes, tha Wheeles Ranch, the -- every single 21 think the benefit to any retail center particularly if it 22 d~velopment that's going lo be bnngtng on hne within th~ 22 - I know it's tagged as a community center, but it's 23 n~xt thr~ years, the 4,000 homes? 23 really moro of a neighborhood h saves several 24 M~. ltATC. I-Ia~.L. '~he~ was some -- yes, ma'am 24 neighborhoods, but it's land of hl~ a n~ghborhcod 25 The answer to that qu~un is, yes, there was some 25 center It keaps traffic from malong too manylnps on ~ PLANNING AND ZONING COMMISSION MARCH 14, 2001 48 CondonsoItTM Page 81 Page 1 T~asl~y b~ause now to ~- you know, wh~r~ do you go to ~he I Ma RnTLtF~ It's c~nly not as good A, 2 cI~n~s t~you ~vc do~ ~? ~ do yougo ~ ~c 2 let's put)t ~at way 3 ~o~ s~? So, m ~s~n~, ~t's k~in8 ~ ~ffic 3 MR RISHEL ~ha~ you, ~ ~ff 4 ~nd of lo0ah~ wl~out pU~l~g out mc~st~ ~ffic 4 ~ M~L ts ~ any -- ~ Wc 5 on T~sl~, ~ long a~gons 5 haven't clos~ ~c pubhc h~nng So I ~h~c I will do 6 MS oOUaOl~ T~nk you 6 ~at at ~s point I will close ~e pubhc ~nng 7 ~ ~T~SLL Thank you 7 having h~rd ~om ~c apphcant and s~ff, do you have 8 M~ M~ILL Isn't Ita fact ~lat ~o ~p8 8 addit~onal co~cn~? 9 a~ sho~ in ad&~on ~s what you'~ saying ~? 9 M~ o~Y I don't ~nk s~ff has any 10 ~ HA~CHELL Th~ ~p$ a~ ~hO~ l 0 additional ~cn~ On~ ~m8 1 wo~d point out just an 11 Ma M~ILL ~aa$~ yoa don't hav~ to go as 11 mt~ng ~lng is ~at no alcohol wo~d ~ s~ at 12 far to get ~ s~tc~ ~t you'~ ~ing about 12 ~ls s~ ~s ~s outs~d~ of ~e 1977 l~al opaon hne, 13 M~ ~TCHELL YOU don't haw ~ go as far to 13 so I don't ~ow ~f ~at mak~ a b~g dfff~n~ in t~ns of 14 get ~e s~ 14 raps and ~e ~ount of Waffle and p~chas~ ~ but 15 M~M~ILL ~good ~ankyou I 15 unt~l~hawano~localoptlonel~t~on,~ssltc 16 b~h~v ~ apphoant would hke ~ have a ~bu~l h~ 16 would be ~ 17 ~ ~ If I could follow up w~ a 17 MR R[SHEL N~ 8~n alcohol at a 18 coup16 of ~s, not -- wl~ aH du~ ~p~t to ~ 18 ~b~ an~ay 19 stuff, I'd ~ to ~d a ooupl~ of s~hons from yo~ 19 ~ M~mc It couldn't ach hqu~r at ~a 20 consulmnl'a ~o~ ~d I'H parap~s~ a h~ bit 20 ~oc~ store is what -- 21 justm~oissuoofbmwW Ofsp~lfic~on~,~ 21 Mao~y Itco~'tsellb~or~n~ 22 ~ s~ of T~sl~ ~t a~ sho~ ~ o~a~ at 22 Ma M~[LL okay ~ss~on~ Oo~&o 23 s~lco of,l~ ~ d~n8 2004 bo~ ~& and ~out ~ 23 MS oo~ot~ ~ you ~ow ~e p~ at 24 ac~vlW c~s F~ L~an ~ll~ ~ Robinson Road, 24 T~sl~ and 1-35 ~ Wren D~xte, Appleb~'s, ~t com~, 25 ~e F 1~ of s~lco s~mfioan~y d~s~ ~ ~ 25 ~ ~e Bbckbus~, a~ you fa~h~ -- Page 82 Page 84 1 addition of a~hviW cmos T~ffio vol~, 1 MS O~Y I know of ~at 2 ~s~v~, dw~sM by 27 p~cent ~t's in 2004 2 MS ~U~I~ DO you ~V~ any ld~ what 3 accor&ng ~ yo~ consul~nC And ~at's ~& ~o 3 p~o of pwp~ ~t ~t b~ how many ac~ ~a m~t 4 ad&gon of an aoa~ ~ tn ~t p~od 4 5 h ~s s~, ~ also says in ~ sho~ ~ 5 ~ o~Y I wo~'t off ~ ~p of ~ h~d 6 and ~'s -- ~'s spiking mhs s~ obsing -- m ~ 6 We could ~ ~t mfo~a~on for you, but I wouldn't 7 short ~, ~e ~pl~m~on of acavl~ cen~ in ~ 7 ~at mfo~aUo~ h~ 8 T~sl~ ~no ~mdor wo~d s~ ~ have an ov~a~ 8 MS ~9~la ~aus~, I m~n, ~'~ d~hng 9 b~eficlal[ff~o ~paot to ~ s~t sys~ ~ 9 wl~ 14 ac~ ~s wha ~ phn is ~d I'm ass~ng ~at 10 wo~d b~ locations of poor s~l~ l~oh, but by ~ ~r 10 pl~e of pmp~ is ~ound 10 ~ 11 ac~ and ~t's what I 1 2006 ~ should a~ d~sap~r ~am, ~'s s~ng of 11 ~'~ proposing ~s ~t hnd of m~-~ ~d, 12 ~o 2004 ~ 2006 ~ndow, not ~ 2016 ~at's w~ ~'~ 12 al~ou~, Wren Dixie ~s smaH~ p~ s~ I wo~d ~e ~ 13 ge~ng o~ a~ent wl~ yo~ s~dy ts ~at, ~, 13 hav~ ~at lnfo~tlon, b~t I do ~ow ~t ~ want a 14 ~'salotofbenefitin2016 Ia~compl~y, but 14 d~s~ontom~t, so ~t ~t not come to pass Soil 15 yo~ o~]oons~mnt says ~t an a~aviF ~n~ of ~s 15 you co~d for m~ find out what ~at -- ~aus~ ~at's kind 16 na~ ~ ac~y ~prow ~ sys~ prior ~ ~ 16 of wha I'm s~mg m my ~nd wh~ I hav~ ~ ~ ~ me 17 cons~c~on of a six baa ~orou~ 17 about ~ sW~ wl~ conveni~ ~s 18 8o I j~t wan~ ~ make s~ ~t y'a~ 18 ~o~Y w~ can get ~at mfo~on 19 und~s~od ~at's wh~ I was ~mg my mfo~a~on 19 Ms ~o~I~ okay ~a~s I lost my 20 ~ ~sa~ ~d l~el F ffaffic d~ not m~n 20 Go ~d 21 fml~, ~s ~t co~t7 21 ~ o~Y I ~vo no ~ qu~ttons or ~2 ~IFP you~ow,~'s~ehA 22 co~ Ican~you~t~eWmnDlxioon~ts~te 23 ~o~ F 23 ts 45,000 squm f~ I can't ~ you an~ng else 24 ~HEL It's fail~ on ~t mad, ~ 24 about ~at s~ 25 ~ow ~a~ 25 ~s ~x~ ~ n~t ~ you ~ PLA~G A~ ZO~G CO~SSION ~CH 14, 2001 49 CondenseItTM Page 85 Page 8 I MR, MCtqB[LL coaunlSslon¢l's, let's s~" SO tO m~c ~S work But I also ~ ~at good d~ will 2 I'w clos~ ~c pubhc h~mg f~ bo~ It~ 10 and I 1, 2 mmga~ ~e ~n~nslW by hawng good m~al circulation 3 and ~'m now ~dy to h~r from ~ss~on~ Momno 3 and stdl sc~nmg p~kmg fields wl~ buildings up close 4 ~ MO~O Y~h In ~m~ about Ms 4 to ~c road and ~e landscaping and such 5 Genie's qu~tion about ~ Applebm's and Wren Dlx~ and 5 ~ ~o~o okay ~a~ you 6 ~cC~C~'s P~z~ andaHof~t s~ff~t's m~ 6 ~ M~ILL when you smd ~twould not m~t 7 would ~s at~e ~ ~ble ~a~ g~ven today's 7 ~ mt~m ~ons, you're not m~ng about 8 standards, d~lopm~nt smnda~s and so fo~7 8 propos~ p~t h~? You'~ ~ng about ~e Wren 9 MR ~I~T It shouldn't 9 D~x~ s~te? ~at a~ you m~ng about wouldn't m~t the 10 ~ oo~m ~ you m~n marble as bmldm8 10 m~m ~lations? 11 s~c~ or ~blo as stuff, m~chants? 11 ~ ~[CHH~T ~lth~ of ~, but ~ 2 MK MeRiNO AS far as ~lahw lack of 12 original plan -- I m~n, w~ hawn't ~lly sunk o~ t~th 13 landscaping, tho park~ a~s ~at had of blend rote one 13 rote ~eir slI~ plan ~t b~aus~ you ~ow, ~'s no 14 ano~ 14 n~ I don't ~l~ w~ ~en have ~e apphca~on, but, I 15 MR M~EiLL ~ you ~]ng about ~o 81~ l 5 m~n, ~'~ l~kmg at land uso ~ssu~ qu~ hon~tly 16 wh~ Wren Dlx~o ts or w~ ~o~ ~s? 16 n~t now and ~oa ~o comp~ensiw plan ambient as 17 ~MO~NO winnDlx~ 17 oppos~toapprovmgasl~p~n And l don't want to 18 M~ M~ILL Y~h, yOU mmt~onM -- ~U said 18 co~ent -- I ~lly shouldn't co~ont on ~t -- unOl t9 C~C~'s Pl~ and ~'s no C~Cffs P~z~ by Wren D~x~e 19 ge~ - Ws bmu~t fo~ard ~0 ~ MORENO It's a pizza pla~ 20 ~ M~ILL In fact, ~at's not an Issue Il MS ~DIE Li~ Ca~s 21 bofo~ us R's a zoning ~ss~ and a comp~h~ns~ve plan 22 MKMORENO ~alo~S I'mso~, 22 ~cnt~sa~'~y~ngabout ~d 23 L~ule~ 23 MS ~XC~ onoof~o~ngs Id~dwantto 24 ~ M~ILL 8~ff ha$ a C~t 24 point OU~ &o d~ff~eo ~n &~ ~o d~dopmen~ 25 M~ o~v xho plan &at &~ have rl~t now 25 ~at you'~ mentioning, ~e Wren Dmso and &e Appleb~'s Page 86 Page 88 I d~s not m~t ~e mt~ ~gulattons ~s ~at &e propos~ d~elopment by ~s appheant would 2 MR ~ICHHART For one ex.plo, even ~e -- 2 have mom ~vo-~ou~ ~ us~ ~e o~ d~elopm~t 3 which xs a detml on ~e Comprehensive P~ Sx~, and I 3 d~ not have any ~ve-~u~ ~e facshu~ 4 don't know ff ~y got ~e~ v~lan~ for ~o~ c~b 4 ~ Mo~so onw-~ as m fast f~d 5 cuts, addl~onfl c~b cu~ or -- 5 ~m~an~ -- 6 MR ~IPF YOU can't ~ it on ~ sc~n 6 Ms ~TCLtFF R~m~an~, ba~ -- 7 ~ere but you'H ~ ~e v~an~ or the no~ h~ ~at 7 ~ ~o~o ba~s, ~ngs of ~at na~ 8 mdt~t~ ~at ~e v~an~ is ~ b~ ob~m~ for ac~ss 8 MS ~XCLIP~ and s~c~ smaon ~ust 9 ~ve We're m ~ pro~ss -- we're up m front of ~e 9 want~ m bnng ~at to yo~ a~nt~on 10 Traffic ~sstou m April 10 ~ M~ILL But ~at's not ~Hy pa~ of 11 MK ~ICH~T The -- but ~ey ~ proposing 11 ~e ~ssuu at ~s pmnt, ~s ~O 12 -- ~d ~t ge~ m~ sl~ plan ls~ w~ch ~'t r~lly 12 Ms ~xcutPP That ~s co~t 13 lust s~cfly l~d u~ ~ssues is ~e on~mtton of some 13 ~ M~tLL Y~ ~ ~ay 14 Of ~e b~l&ngs ~d p~ng lot Fields and ~ose ~e of 14 ~ o~Y 1 ~w no ~ co~un~ 15 ~ngs l~nk~ey'ms~ngwt~ePD, soa 15 MmM~mU okay Co~ssmn~s, doyou 16 de~l~ plan would ~w to come back 16 ~vequ~t~onsfor~ ~ O~y ~ankyouv~much 17 M~ MO~NO l'm just ~ng to get a ~n~ of 17 ~ss~on~s, we n~ to cons~d~ I~ 10, Fust, 18 whe~er It wo~d be as int~se for lack of a bet~r word 18 ~nk, and ~ I~ 11 So ~s ~ a moaon or 19 ~ that p~tcu[~ st~ ~t Ms Oourdxe spoke about 19 add{t~onal ~scuss~on on ~ ~nmg plan for ~ sought 20 MR ~ICH~T I ~ ~at ~e m~stW ~s 20 com~ of T~sI~ ~n~ and Ryan Road? ~sslon~ 21 going to be a f~ction of how c~ttw ~ey ~ get wi~ 21 22 l~dscaping and p~ng and c~ulatton ~d still be able 22 ~s ~m ~b~ 10's con~mg chan~ng 23 to get on ~at st~ w~t ~y wmt ~ w~le m~tmg o~ -- 23 ~t from -- 24 ~ intent of o~ n~ ~lattons So I ~ ~ good 24 ~ M~ILL ~t 25 des~ ~ co~d do tt, have ~e mt~slW ~at ~oy n~ 25 Ms ~ okay So it's to co~W ~ PLA~G A~ ZO~O CO~SSION ~CH 14, 2001 50 CondenseItTM Page 89 Page 91 rmxed use, correct? I sold yet ! have seen what happens to roads that are 2 MR REICHHART No Number 10 would be amend 2 improperly developed with stuff around them And I thml, 3 the concept plan to allow the community shopping center 3 it would be very unvase for us to torture the new 4 MS OOURDIB I'm not feeding that I don't 4 residents five years from now as we've done with some of 5 see that 5 the residents on that road who am feeling very put out 6 MR SNYDBR Larry, shouldn't they take up No 6 that we didn't plan ahead for them 7 11 first Just since it's the Comprehensive Plan or does it 7 So being that they would hke a decision made 8 make any difference? 8 and I'm going to -- based on a failing traffic report, a 9 MR RI~IICHHAKT wall, I flunk the intent of a 9 failing convincing argument as to why we need to make it 10 community shopping center could be m question, but, I 10 such a large building and I believe that tins really is a I 1 mean, it's really to allow the uses as identified on the 11 neighborhood area with existing homes that deserve to be 12 zoning plan and we can go over those and what lmutatians 12 treated as a neighborhood, not as a large new development, 13 if any, am on those, if you want to make that clear 13 which Is what I tlunk commumty rmxed use is really for is 14 MR MCNEILL So what we're talking about 14 for a large new developments where there aren't existing 15 amending ts under the -- not under the new ordmenee but 15 people that have already decided that they'd prefer to see 16 under tho existing lntaron erthnanee, tho planned 16 the land open And bemg that way, I'm going to move to 17 development to allow the construction of a oommun,ty 17 deny CA 00 001 18 shopping c~l~r? 18 MR MCNI~ILL TWO 19 MS OOURDIE okay Under a PD? 19 MS OOURDIE Deny 02 -- oh, I'm sorry I 20 MR MCNEILL Right, beeaus~ the.re ts an 20 thought we said we were doing 11 first 21 existing PD th~ that would allow certain activities and 21 MR MCNEILL It ls 22 we're going to amend that to allow additional functions m 22 MS GOURDIE oh, well mine says 1, okay 23 that particular location 23 MR. MCNE1LL The agenda Is chfferent from the 24 MS OOURDIE okay You'r~ saying additional 24 -- wtuch is it staff? 25 functions, so they're talang away -- the multt-fanuly can 25 MR REICHHART The Agenda ts correct then Page 90 Page 92 1 stllloxisttnthom? No So th~'re -- b~auso tho 1 M~ GOURDIE Okay Then I'm sorry I'll 2 form*rPohadageneralretadandmultifenuly So 2 repeatthat I move to deny CA 00 0o2 3 they're saying w~ don't want to have anytinn8 to do vnth 3 MR MCNEILL We have a motion to deny Is 4 tha g~n~ral retail or tho mulu-fanuly, we want to go for 4 there a second? 5 commercial7 5 MS HOLT Second 6 MR, RI~ICHHAR'r can you go over the 6 MR MCNEILL Motion has been made and 7 Imntations -- 7 seconded I8 there any d~sonssion? Commissioner Rishel 8 MR, oaAv Yeah, I would just point out real 8 MR RISHEL I would like to learn a httle 9 qmck that, flrst of all, Mr Po',wllhassugl~t~dthatwo 9 blt more about what's gotrlg to happen m ttns area I 10 consider tho Comprelmnsivn Plan Am~dment fhst Also, 10 think it's -- I would like to see tlus ptec~ of property 11 and I do ileed lo bnng to year at'~eat~on that if you want 11 developed I'd hke to se~ penple coming from Connth ant 12 to send this zoning plan forward you do have tho ablhty 12 Lake Dallas mtn Denton to shop .And I think this is a 13 to reeomm~d hmltatioas and con&irons as it relates to 13 great opportunity to do that But I totally agree with 14 useo land area, btuldlng sl~, set backs and tho hke 14 where we are at ttus stage that we'd like to find out 15 MS ootmola oh, Ihatol'o's Thoyare 15 other mechanisms for unprovtng thts area as soon as 16 sull so fresh They just don't go away 16 possible Like the developer, I can see mtuatlons where 17 Ma MCI~I~.~ SO what we're suggesUn8 hero is 17 people COlne from the north side into tlus development anc 18 that we taka up Item 11, wlach is tho Comprehensive Plan 18 take a httle blt of the pressure off of the Teasley, 19 Amendment from s ee~ghborheed ceeter to a commumty nuxed 19 I-35, 288 area that we have there 10 use centet' Then having dona that, fl~n wn could come 20 So I personally think that this ts a really a 21 backandlcokatthnlt~m'tl0 Okay So wa n~xl to o~ther 21 good spot to be devalopmg a shoppmg center, Iwouldjust 12 have thscasslen or a motion to amend the Compre. h~nsive 22 like to see something that might be a little bit more 23 Plan C. enunission~r Oour&c 23 compatible and a httle softer maybe with the rest of the 24 Ms. OOURDIR, I'm in one of thoso situations 24 neighborhood and the rest of the area out there, although, 25 wh~ they want a dmlsion and I'm not -- I haven't I~on 25 I t.hank it's probably the nght general slz~,-lf we could THR PLANNING AND ZONING COMMISSION' MARCH 14, 2001 51 CondenseItTM Page 93 Page 95 I work with that and work with tho landscaping and thc rest I And I would hate to sea any new people mo~,lng 2 of the thn~s that we sea there as something that will 2 into town and I would also hate that if the roads anm t 3 work for ~s as a commumty, I think that this has a real 3 expanded to thc full capacity, we're not going to hax'e 4 good chance of being something that would bo a very mca 4 those homes sold, those Whealer Ridge, and Ashton 5 d~velopm~nt 5 because people aren't going to be able to get to them 6 ~ MCI, mILL comnuasioncr Holt 6 beaause thc traffio is going to be so bad Wa'n: then 7 MS HOLT Tbe reason ! seconded the denial 7 going to have homes that are just sitting tbc~n aa ot~: s 8 is, one, Tcasley Lane is just tmpossthle at this point 8 buylog them because they can't move lo this part of town 9 And I think if wc put a big grocery store typo center on 9 It's a, you know, it's just one of those things wl~rc .x au 10 it, that's a totally different traffic than if we put a 10 sec things happening, if traffic Is not going some',vla~x: 11 smaller nofghburhcod center on it, whteh ts what it could 11 why would I buy on this slde of town? I mean I 12 benow And with Ryan Road, there's no telhng when 12 - I'mvcryuncomfor~ablabemgenthissidc, t~soulh 13 that's going to bo widened and Hlokory Creek is already on 13 s~do of town 14 the hooks to bo widened So tt just looks hko that 14 Tho traffic is getting to the point wber~ I m 15 traffic-wise that would be a mor~ lngk:al plac~ to go 15 starting to look at other places that if I yarc to mo~ 16 And I.lust don't sea pu~ng a big busy center with a 16 I'd rather go soracwhcre where I know that I know ',x hal I m 17 largagro¢l~'ystoreandahankandalotoftraffiothngs 17 gomgtogetlnto Amllomakcsabigthffcrence Icao 18 dave m bank, dnv~-through restaurants on that 18 walk to Albertsons That's a half aanle, and I don t 19 partioulur sits 19 nund wallang to Albcrtaons, but I thnk that d'~ r~ 20 ~ MCt'~ILL. Tho property that this. 20 going to do it, let's do it right and let's put it 21 Commission approved down at Hiokory Creek, what size did 21 down south whcr~ wa can get thc people from Corinth 22 wc approve? What size ~rocesy store was that? Docs 22 aren't going to deatde just to hop on the fre~va.x to 23 anybody rcmenlber? 23 back home instead of taking Swisher or 2181 back l~om~ I 24 MR. ItglCHHART I think it was in the high 50s 24 just -- I think that -- what kncps going through my rmnd 25 if not low,60s I mcan, it was a large grocery store 25 Is that sign, location, lccahon, location And that's Page 94 Page 96 ! MiL MCIqBILL SO It's th~ sa.rue size as tho 1 what It's ali about 2 one -- 2 And ~f we become a detnrnent to tie community 3 Ma. ggtCHH.~T ~ think alm0st all of tham arc 3 because we did not put a grocery store m the right 4 lcohn8 about the santo size I tl~nk tho stt~ was a 4 location, we destroy the whole netghborhoed and I think a 5 little blt bigger I think it was 17 acres 5 hale is a very good point ~f everyone ~s recommending 6 MIL MCNI~ILL ~Ut it's a md0 south from hare 6 let's go to a street that's game to be vadened to six 7 ~. ognY Ms Hudson informed me that it was 7 lanes divided and it has proposals and ~t has mane} and it 8 a 55,000 square foot proposal 8 has funihng, let's bo -- I would prefer to be the sram 9 Ma. MC~mLC. which is in the same 9 developer or thc smart planning and zo,~!nE commis~lener 10 nc~ghborh0ed, same size relaavely ~ 10 and say tins Is what we need to do as the nght cholc~ for II Ivla. ORAY Yes I1 Denton and that's why I think a rmle.-inakc$ a b~g 12 ~a MCI, mILL which we voted on, as Ieacall, 12 difference in my own personal oprmon 13 70tosendforwurd Sowhatarewnsajnngber~thattf 13 MR. MCNEILL Thankyou Comm~'tonerl~loreno 14 wogoanulonorthwadco'thkctt, Comlmssteners? I'm 14 MR MOP, ENO Aquestlon forstaff, ffth~s 15 just asking thc Commission a questico Commissioner 15 request is dented what could be built there todayO Tell 16 (~ourdle 16 me adam 17 Ms OouaDla lhava an opunon Not that I 17 MR GRAY Nothing could bo built there today 18 don't like;it and I beh~ve there ts a need, but from what 18 without an approved detailed plan 19 I'vosccntnthcscvenyearsI'vehvedhcre, wbenlfirst 19 MR MORENO Sayagmn 20 came ber~ Lllhan Miller was a two lane road Itbccamo 20 MILGRAY Nothlngcouldbcbmltfl~q'~to/]ay 21 four lane divided median within a year after I moved hare 21 vathout an approved detailed plan 22 And th~n,wa brought in Wmdnver and tho whole community 22 MR REICHHART It's got approxi.ma~el) I think 23 changed dramatically And now six y~ars later, wa have 23 It was 7 acres or so of multi-family at 17 umts per 24 people from Wmdnvcr very upset with the ohotces that 24 and then, I think, there's hkc four acres of general 25 were made, very upset 25 retml I mcan, that's what the oxlstaig concept plim _ ~ PLANNING AND ZONIN(3 COMMISSION MARCH 14, 2001 52 CondensoltTM Page 97 Page 99 I today, but if you recall It wasn't that long ago that that I something developed thc~ but not vath such a huge 2 plan -- ~m applicant did come forward with a multi-family 2 mlcns~ty And I don't tlunk a community grocery store Js 3 development and tt was denied by -- 3 really the answer 4 MR MORI~NO D~Icd by Councd 4 But, I tlunk hke Mr lhshal said, the ii MR REICHHART well, I*mnot surelfxtwas ii n~ghbor ]s starting to warm wt~ to som~tlung, butwnnccd 6 denied l}y P&Z too, but It was denied 6 to find out what it is that really fils In that pi~en of 7 MR MORBNO, Was domed? Okay Thanks 7 land lns~ad of trying to bloat tha hnd vath something 8 MR. MCNEILL okay So we have a motion on 8 mom than ~t really could use So, ~l~reforo, I would 9 the flcor to deny mod~fymg the Comprohenslve Plan Is 9 hkc to make a motion Ifanymieclsedoesn'twantto 10 there any edchtlonal chscussion or are you ready to vote? 10 talk I 1 MR RIgHEL I'd Just like to make an 11 MR lvlCNE[LL SO thc floOr ls open to a motion 12 observation 12 on Item l0 Is th~'e a motion? ComnusslOnl~' Ooai'dl¢ 13 ,MR MCI~EILL GO right ahead 13 Ms ~ovRm~ I move to deny ze 00 o~? 14 MR RISHIEL Because we've had this proper~y 14 MR MCNEILL IS t~ a second? Iii before and some substantial neighborhood concams m the Iii Ms ~tO~.T seoond 16 type of format we had put It forth and I~m o- I just want 16 Ma MC~r~LL MOtion has hccn made and 17 to colmllent that ! soo very little neighborhood opposition l? seconded Is thc~ ad&tional ~hscuss~on on this ltcln? lB tothls AndsoUmpromlsmgthatlt's--Iscethlngs 18 Am you rcady to votc? ¥oto on thc board, plcasc Motion 19 that arc moving m the right direction And I appreolatc 19 passes 3 2 20 thc broider trying to keep the people reformed, the 20 (co~MiSSlO~.s Mc~,~itu ANn sto~,m~o voTIr~o IN 21 dcvclot~, and I think that the people have bccn much mor~ 21 o~o~rrloN) 22 responsive to what we have hero And I could see some 25 Improvements that could be made to It that could really 24 make it acceptable 24 rcconvcne at 8 B0 2ii MIL MCNEILL Yeah To follow up on that, I Page 1 was walkang that neighborhood here a couple of weeks ago MR MCNEILL All r~gh! I'll l~COnvonc the 2 and that comment was made by some of the people where I and we'l'~ resdy for Agenda I~m No 3 knocked[on the door Thay liked flus much bailer than the ~ hold a public h~anng and consider recommending 4 mulu-famtly that had b~n proposed for that ii Ma IUSHEL~ But I apprcalato them 16~ting ~t And I beh~ve M~ Hudson rs 6 stand ont ~ta own and ils own ment 6 the ~ 7 MIL MCNItlLL All nghi Additional commeols 7 Thank you very much, l 8 or em you ~ady to vote? Veto please on the board 8 9 Motion passes 3-2 9 MI oh, excuse mc 10 (COM%IISSIONER$ MCI~II~ILL AND MOP. ENO VOTINO IN 10 you .lust eno ~ ; have to 11 OI'I'OSrlION) 11 go, all not have thc 12 ,Mt~. MCI, IBILL. NOW, w~ need to take up Item 10, 12 work session this ~ So tf you're h~'c 13 to emend the planned d~,elopmeot to allow the construction _ 15 to -- th~ wasn't a' ~ the Code but there 14 of a conlmumty shopping center hem And we've heard 14 was a ~'ve clocided that thc Iii thscusslon We'voalosedthepubltcheanng Doyouhave 15 ogo, we wlll not hold 16 adchuonal questions for staff or do you have adchtional 16 that work session s n m~Ung this 17 comm~zlts? Commissionar Oourthe 17 evening 18 ,MS OOURDIB. I Just want to say on page 8 of 18 MS That's fin~ The 19 the baclmp, table 2, if you look at the year 2016, most of 19 Agenda l0 these reads are still B, F's and D's, which anything Io~low 20 north by ~ 1 a C rs pi~l~y bad according to tho H~ghway Capacity and on thc south by IVhnffo 22 Manual~ which th~ get these grades from this So fl's ~ 2-~ 23 just kind of tn~tresting no alatter what we're going to do, [ faclhty and a flw-ac~ s: 24 ~t might not prove to be a beneficial thing for tho road, 25 so I itu? that we.lust, again, I would ~ see Under the ~ntcnm ~egs, the entire prop~ly TI-IR PLANNING AND ZONING COMMISSION MARCH 14, 2001 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 85- 68 TO PROVIDE FOR A ZONING CHANGE AND ZONING PLAN FOR 13 16 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 93 (PD-93) ZONING DISTRICT TO ALLOW FOR A RETAIL SHOPPING CENTER, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF TEASLEY ROAD AND RYAN ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-017) WHEREAS, on April 4, 1985, by Ordinance 85-68, the C~ty Council approved a change m zoning for 30 36 acres of land to Planned Development 93 (PD-93) Zomng Dmtnct, and WHEREAS, on March 2, 2000, the C~ty Council adopted Ordinance No 2000-069 wtuch established certmn nonresadentlal interim regulatmns (the "Nonremdentml Interim Regulatmns"), and WHEREAS, the Residential Interim Regulations estabhshed, among other things, a zomng plan reqmrement m the event of a request to rezone property, and WHEREAS, on November 11, 2000, Jones and Carter, Inc, on behalf of The Archer Company, subrmtted a request to rezone and a Zonmg Plan under the Nonresidential Interim Regulations, a copy of wtuch as attached hereto as Extub~t "A", for 13 16 acres of land wattun Plarmed Development 93 wath the antent to amend the exmtang PD to allow the development of a retml shopping center, and WHEREAS, on March 14, 2001, the Planmng and Zomng Commassaon recommended demal of the request to rezone and the Zoning Plan for such 13 16 acres, and WHEREAS, on March 16, 2001, Jones and Carter, Inc formally appealed the decmlon of the Planning and Zoning Commms~on to the City Council, w~th the full understan&ng that a three-fourths vote of the C~ty Council wall be reqmred to approve the zomng change and Zomng Plan, and WHEREAS, the C~ty Council finds that the Zomng Plan, wath the condataons ~mposed hereto, ~f any, meets the requirements of thc Nonresidential Interim Regulations and ~s conmstent with the approved 1999-2020 Denton Comprehensave Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance No 85-68, prowd~ng for the creation of the Planned Development 93 (PD-93) Zomng Dastnct Classaficat~on and Use Des~gnataon for the property described as PD-12 ~s amended by approwng the Zomng Plan attached hereto and incorporated herein by reference as Exhibit B for 13 16 acres located w~th~n PD-12, more particularly 54 described by the legal description attached hereto and ~ncorporated herren by reference as Exinint A SECTION 2 That the C~ty's offic,al zomng map ~s amended to show the change ~n zomng d~stnct classaficataon SECTION 3 That any person wolatmg any provas~on of tins orchnance shall, upon conwctaon, be fined a sum not exceeding $2,000 00 Each day that a prows~on of tins ordinance ~s vaolated shall const, tute a separate and dastmct offense SECTION 5 That tins ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the Caty Secretary ~s hereby d~rected to cause the captaon of tins ordinance to be pubhshed twaee an the Denton Record Chronicle, officml newspaper of the C~ty of Denton, Texas, watinn ten (10) days of the date of~ts passage PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY EXHIEIT Plcke~= SurveT, AbsCracu No 101~ Den=on County, T~xa~, being of a (calle~) 117.5 acr~ ~ract in a dee~ from Cover C. S~ar= J.T Stuar~ on ~he ~le= day ~f Janua~, 1930, as recorded in Volume 225, ~a~e ~2B, Dee~ Records of sa~d County, an~ being all of a (called) ~1.027 acre tra~ ~escrlbed zn a De~ from B. Thomas McElroy ~O MOs. Marcia S~uar= sava~ and Rob~rD Mauk Stuart on the Records o~ sa~ Co~=y, aha bsin~ moro ~ully ~=ribo~ as follows' and of sa~d Picket= Su~ey ~ou= =he ~ddle o~ Ryan Road a8 THENCE No~h 89 dee 42' 49" EaeD w~th ~he North line o~ said 11T.~ acre tract and sa&~ su~ey in~ Roa~a distance of 10~3.11 feet of 85.28 ~ee= :0 ~he beginning o~ a curve, THENCE Sou=hotly wi=h sai~ Right-of-Way around a cu~e to =he rx~h=, having a can=tel an~le o~ 32 ~e~ 24~ an~ 00" a chord Sou~b 1~ deg. 37' 45" Ea~=, a ais~ancm of ?~4.0~ ~ee~, a radius of 1387.3 fee= and an arc leng~h of V8%.So ~eeu =o a Ri~h~-o~-Wa~ pos= at =he en~ of sai~ curve, THENCE Sou~h 01 ~8~. 2S' 4S" Ease with sai~ Right-of-Way 2~4.~ =o a s=eal pin a~ ~he Not,heal= corner of a 5s.103 acre ~racc o~ ~he Sou~h end of ~aid ll~.S acre THENCE Sou=h 69 ~eg. 53' West, a des=anco of 12$9 88 ~ee~ %o a s=eel pin a= =he Sou=he,s= co,er of sail 2~.171 acre =rac=~ THENCE NotCh 00 deg. 07' 44" West, 1100.S7 ~ee= =o the p~CE OF BEGI~ING~ and con=ainin~ in all 31.~1S4 acree o~ lan~, =here bei~ 0 655S acre withmn Ryan Roa~, leav~n~ a ne= of 30 3S~5 acres of lan~. ~A~ ~ EXCEPT ~he follow,ne described 17.2027 acree land: I ~ ~.s u~. tr.~ des~d Iff deed to J.T. ~tu~fl r~co~ed ~ Volu~ 225, Page S2B. De.d R~rda, Denton County. Ttxas ~ being · ~e tract. I re.entrant ~mer or this ce~olfl 5B 671 acre ~)c1 697. Deed Recora., Denton Coufl~. TEXAS, ~a;d p.K nm,I lying on ~e N~Mh I~e of saTd PmkeM ~u~ey and the South goo or ~e J. F~het Su~ey. Abstrl~ Ha 42% by deed call ~035 ~ feet Ells from ~m Cont~nue~ on ~ex~ Noflh IIn~ ofsa~ 3%017 B~o I~. Iloflg ~act and ~h sm~ su~ey fine e distance o~ 5~,01 teat ~o t P,~ null Jro~ THENCE ~ou~ 89 deg~es 5T m~ute~ 16 sounds E,st, i ~tan~ o~ ~93 ~ reel lo 1 518 In~ steel rod, 2,3 gill Eaet Eno al F,M. H~y No, 21~1 (I O0 feet ~de ~0 W): Texes: THENCE No~ 89 degMos 57 mlflulea fen~, end ~m the ~mmon Eno be~een slid SIIWl~ tract a~ Illd 31.0~7 a~e tr~, a d~L~n~ or 1,29g.~ [fit to ~ ~ ln~ Hultt.Zotla~ des~d In deed to RI~3~ ~ Gray, Jr, ~cmde~ in Volume 1531, Page rod, e 518 m~ steal md feel, bgund~ fine baleen a~e TracT, generally w,~ a POINT OF ~GINNING e~ cont~ln;ng 17,2027 ~es ~ Lend, 58 TO0~ Ic; 8G 9[ C H §/4p IO-OI-IO-^aJ-UOZ\UO:~UaO\lN~H\O¥3\ P AGENDA INFORMATION SHEET AGENDA DATE' April 3, 2001 DEPARTMENT: Planning & Development ~?artment CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Reconsider approval of a resolution approving a Project Plan for 1 563 acres m a Commercml (C) zomng d~stnct, located on the north s~de o£ 1-35 at the northeast intersection on 1-35 service road between Fort Worth Drive and Teasley Lane Johnny Canno's Country Italian Restaurant ~s proposed (SP-O0-O19) BACKGROUND A motion to pass this ~tem at the March 6, 2001 C~ty Counml meeting resulted ~n a (3-3) vote In the event of a tie vote w~thout a full quorum, ~tems are placed back on the agenda for the next c~ty coancd meeting Tbas item was rescheduled to the March 27, 2001 C~ty Council meeting, but there was not a full quorum for th~s meeting Thus, th~s ~tem has been rescheduled to the Aprd 3, 2001 City Councd meeting Enclosed ~s the mty council backup from the March 6, 2001 meeting OPTIONS 1 Approve as submitted 2 Approve w~th condmons 3 Deny 4 Postpone consideration 5 Table ~tem RECOMMENDATION The Urban Design chapter of The Denton Plan states, "In order for a street to achieve thc intimate and welcoming quahty of an outdoor room, the buddings along it should compose a statable street wall Bmld~ng height should be s~zed ~n propomon to thc w~dth of the street Braid-to lines should be used to dcterunne how close a bmldmg will stand to the street If parking lots are necessary, they should be located behind or to the s~de of bmldmgs" The proposed development does not incorporate s~te design standards set forth ~n The Denton Plan and Non-Rcs~dcntml Interim Regulatmns, specifically braiding orientation Staff recommends that the budding front e~ther thc 1-35 frontage road or Center Place Drive w~th not parking allowed between the braiding and property hnes ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW This ~tem was prewously heard at the March 6, 2001 C~ty Council meeting 1 FISCAL INFORMATION Development,of this property will xncrease the assessed value of the c~ty, county, and school d~strlct It will reqmre no short-term pubhc ~mprovements that are the respons~b~hty of the cxty ATTACHMENTS 1 Staff report Respectfully submitted Douglas S Powell, AICP D~rector of Planmng and Development 2 AGENDA INFORMATION SHEET Ag~lda Date AGENDA DATE' February 27, 2001 DEPARTMENT: Planmng & Development CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT SP-00-019 (Johnny Cartno 's Country Itahan RestauranO Consider adoptton of a resolntlon approwng a ProJect Plan for 1 563 acres m a Commercml (C) zoning d~stnct, located on the north side of 1-35 at the northeast intersection of 1-35 serwce road between Fort Worth Drive and Teasley Lane Johnny Canno's Country Italian Restaurant ~s proposed BACKGROUND The apphcant m proposing to develop a 7,259 square foot restaurant w~th 113 parking spaces (Attachment 2) Development of the s~te xs subject to the reqmrements of the ~ntenm regulations for non-res~dentml development (Ordinance No 2000-069) As such a Project plan xs reqmred to be submxtted for rewew and approval by C~ty Council > The subject property ;s located m a Commercxal (C) zoning d~strlct ~ The property ~s located wathm the Downtown Umvers~ty Core D~stnct Staff finds the proposed land use to be consmtent w~th the Comprehensive Plan ~. Comphance w~th Draft Zoning The draft zomng map denotes th~s s~te as "Downtown Commercml General (DC-G)" whmh allows restaurants > The apphcant ~s proposing to develop 113 parking spaces, which ~s 20 spaces more than the code reqmres } All of the techmcal reqmrements of a project plan are addressed on the ProJect Plan for Johnny Canno's Country Itahan Restaurant, and the plan meets all C~ty Codes ~' Although staff finds the architectural design of the proposed building to be acceptable, the building location and orientation does not meet the intent of The Denton Plan or the ProJect Plan Standards, specifically Section D2(3)(b) that states, "Buflthngs generally shall be oriented toward the street, and major entranceways should face the street" As ~dent~fied m the Denton Plan and reinforced dunng the wsual quahty survey, buflthngs should be oriented towards the street w~th no park:ng between the street and the building The proposed s~te design places the buflthng ~n the center of the s~te w~th parking surrounding the building Mowng the bmlthng to the front of the property does not affect the use of the property ~' Eight (8) courtesy notmes were marled regarding the Project Plan request OPTIONS 1 Approve as submitted 2 Approve W~th ¢ond~ttons 3 Deny 4 Postpone ¢ons~deratmn 5 Table item RECOMMENDATION The urban Design chapter of The Denton Plan states "In order for a street to achieve the ~nt~mate and welcoming quahty of an outdoor room, the bmldmgs along ~t should compose a statable street wall Bmld~ng height should be sized ~n proportion to the wadth of the street Build-to lines should be used to determine how close a bufldmg will stand to the street If parking lots are necessary, they should be located behind or to the side of buildings" The proposed development does not incorporate site design standards set forth ~n the Denton Plan and Non-Residential Interim Regulattons, specifically building orientation Staff recommends that the bmld~ng front e~ther the 1-35 frontage road or Center Place Drive with no parking allowed between the building and the property hnes ESTIMATED PROJECT SCHEDULE The subject property ~s platted A ProJect plan must be approved prior to a building permit being issued PRIOR ACTION/REVIEW The following ~s a chronology of SP-00-019, commonly known as Johnny Carmo's Country Italian Restaurant Application Date December 4, 2001 DRC Date December 14, 2000 FISCAL INI~ORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term pubhc ~mprovements that are the responsibility of the city ATTACHMENTS 1 Location Map 2 Project Plan 3 Resolutlola Prepared By M~ke Grace, Planner I Respectfully submitted /2 Director of Planning and Development ATTACHMENT 1 NORTH SP-O0-019 i(Johnny Carino's Count~ Italian) LOCATION MAP Agenda Date March 6, 2001 3 Scale None ATTACHMENT 2 ill) c~w~wn~o~o~, ...~. oo~ c~,~.~ ATTACHMENT 3 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOP` JOHNNY CARINO'S COUNTRY ITALIAN RESTAUIkANT, BEING AN APPROXIMATE 1 563 ACRE SITE LOCATED ON THE NORTH SIDE OF 1-35 BETWEEN FT WORTH DRIVE AND TEASLEY LANE, AND PROVIDING FOP, AN EFFECTIVE DATE (SP-00-019, JOHNNY CAKINO'S COUNTRY ITALIAN RESTAURANT) WHEREAS, on March 2, 2000 the C,ty Council adopted Ordinance No 2000-069 winch established certmn nonresldent,al ,ntenln regulahons (the "Nonres,dcnUal Interim P`¢gulatlons"), and WHEREAS, the Nonremdentlal Intenln P`egulatlons established, among other tinngs, a project plan reqlnrelncnt, and WHEREAS, the owner of an approx,1nate 1 563 acre tract of land zoned Commercml (C) and described as Lot 1, Block A of Centre' Place has 1nade an apphcat, on for approval of a project plan under the Nonremdenttal Intenm Regulations, a copy of winch m attached hereto as Exinblt "A" and 1nade a part hereof by reference (the "Project Plan"), and WHEREAS, the C,ty Counml finds that the Project Plan, w,th the cond,hons ,mposed herein, ff any, 1neets the reqmrements of the Nonremdentlal Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan which ,s attached hereto and made a part hereof by reference, m hereby approved SECTION 2 Ttus resolut, on shall becolne effective nmnedmtely from and after ,ts approval PASSED AND APPP`OVED tlus the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LE~GAL FORM HEREERT/ P OU y, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 DEPARTMENT. Planmng Department DCM' , David Hall, 349-8314 SUBJECT - Exaction Variance (V-01-0008) Consider approval of exaction variances from Section 34-114(5), perimeter paving, and Section 34-114(17), sidewalks, of the Subdivision and Land Development Regulations for the Denton Plaza Addition The 11 6 acre site is located at the southeast corner of K~mberly Lane and Karma Lane The property is m a Light Industrial (LI) zomng district An office and call center for the Federal Emergency Management Agency (FEMA) is proposed The Planmng and Zoning Commission recommends approval (4-1 & 3-2) BACKGROUND The applicant owns Lot l, Block 1 of the Denton Plaza Addmon and is developing an office and call center for the Federal Emergency Management Agency (FEMA) on the site, a ProJect Plan for this development was approved by City Council on March 6, 2001 The applicant has requested, two (2) variances based on the large cost for thc improvements in relation to the proposed use and the ProJect Plan that has been approved by Council These two variances concern improvements along Bridges Street, which runs along the east side of thc apphcant's property In determlmng whether to approve exaction variances concerning the Denton Plaza Addition, City Council must determine if the lmposltlun of any development cxactmn pursuant to thc City's Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted The following paragraphs summarize the staff recommendations and reasoning for each variance request Additional information is provided in the attached Planning and Zoning Commission staff reports 1 Exaction l/ariancefrorn Section 34-114(5) concermngpenmeterpaving The applicant is requesting a variance from Section 34-114(5), which requires perimeter paving 0 e curb and gutter) along Bridges Street Bridges Street is not currently constructed to City standards~ as it is a two-lane rural section road which dead ends near the northern edge of the applicant's property Recomme,datton/Reasonmg Staff recommends approval of a variance from the perimeter paving requirement The required improvements across the Bridges Street frontage would cost the applicants approximately $31,000, accurdmg to staff estimates However, the approved site plan for the FEMA facdlty does not permit access to Bridges Street, and therefore will not receive any traffic from the proposed development As such, these improvements will be of httle, if any, benefit to the applicant 2. Exaction Variance from Section 34-114 (17) concerning stdewalks The applicant is requesting a variance from Section 34-114(17), which requires sidewalks along Bridges Street Recommendatton/Reasonme Staff recommends approval of the vmance from the sidewalk requirement The sidewalk would cost the applicant approximately $6,100 to construct, according to staff estimates As with the variance for perimeter paving, however, the applicant is not proposing that their faethty have any access to Bridges Street, and the proposed development would not generate any pedestrian activity along Bridges Street Thus, the required sidewalk will be o£ httle, If any, benefit to the applicant PRIOR ACTION/REVIEW (Council. Boards, Commiss~ons) The Planning and Zoning Commission recommended approval (4-1) of a variance of Section 34- 114(5), concerning perimeter paving, of the Code of Ordinances on March 14, 2001, as the cost of providing perimeter paving would far outweigh any benefit to the property owner The Planning and Zoning Commission recommended approval (3-2) of a variance of Section 34- 114(17), concerning sidewalks, of the Code of Ordinances on March 14, 2001, as the cost of providing perimeter paving would far outweigh any benefit to the property owner FISCAL INFORMATION None ATTACHMENTS 1 Planning and Zomng Commission Report, March 7, 2001, V-01-0008 2 Planning and Zomng Commission minutes from May 7, 2001 Respectfully submitted Director of Planning and Development Prepared by Thomas B Gray / Planner I ATTACHMENT 1 A[~enda No V[cmo Agenda Item, 7-. ~ Date , '"~- I To Plug ~d Zo~g Co~smon From Dasd S~on, P E ~te~ D~tor of En~ee~ Date 3/7/01 ~ Pe~er Pang ~ Sldew~ Vm~c~ for D~ton PI~ Ad&hon Augae Tortora representing the owners of the proposed Denton Plaza Adrhtton located at the mterseetton of Knnberly Street and Karma Street east of Loop 288 and north of Spencer Road has apphed for variances of sectmn 34-114, (5) and (17) of the Code of Ordinances concerning perimeter paving and stdewalks The subject secUons of the ordinance reqmre that Bridges Street be nnproved along the frontage of the development and that sidewalks be constructed along the same frontage, as the mad as not currently constmcted to C~ty standards and there m no mdewalk at that location The apphcants are proposing to plat the subject tract, winch will contain an 86,000 square foot office bmldmg The proposed tenant is FEMA The apphcants propose no street or mdewalk tmprovements on Bridges Street They do plan to extend Kn'nberly Street southward across their frontage mcludmg mdewalks, and will extend Karma street eastward past their proposed driveway w~th mdewalk The apphcants base the reason for the variance request on the large cost for the subJeCt mapmvements based on the proposed use and rote plan that has been approved by Chty Council The Cormmsmon may reCommend that tins exactmn variance be approved by the Qty Council ffthe following criterion as met (b) Criteria for variances ~om development exacttons Where the eomnusmon finds that the tmpomt~on of any development exaetton pursuant to these regulations exceeds any reasonable benefit to the property owner or ~s so excesmve as to eonsUtute confiscation of the tract to be platted, ~t may recommend approval of vananees to wmve such exactton's, so as to prevent such excess, to the Qty Council Wmver of developmental exaclaons shall be approved by the C~ty Council The price the apphcants pard for the parcel, or the cost of the proposed budding maprovements m not a factor m deternumng reasonable costs The question m, are the costs assoeaated wath the pubhc mapmvement reasonable and conmstent xanth the type of development proposed and the demand for serrates that vall be created? The reqmred pavmg nupmvements across the frontage would cost the apphcants approximately $31,000 and mdewalk maprovements approxanately $6,100 by staff's estimates The approved s~to plan precludes access to Bndges ~treet fi:om the site, and untd sometime m the future when Karma Slxeot ~s extended further east, will not recewe any traffic from tho proposed development Bridges street ~s cunex~tly a 24ane rural sectton mad serving smgle-farmly residents It dead-ends at the rear of the subject property Staff recommends approval of the vunance as proposed by the apphcant Recommended Motions' I move that we recommend to the City Councd that a variance of secUon 34-114 (5) be granted for the Denton Plaza Adcht~on for perimeter paving on Bridges Street, as the mount of~e tmprovements would exceed reasonable benefit I move that we recommend to the City Councd that a variance of section 34-114 (17) be granted for the Denton Plaza Adcht~on for s~dewalks, as the amount of the tmprovements would exceed reasonable benefit · Page,2 ATTACHMENT 2 I we think we are finished apphcant may decide not to pursue the exactaon 2 MR RISHEL when was that? , Council 3 MR PLANGMAN NO, I mcan, I have scan MS OOURDIE That's why - 4 ' don't usually go agamst P&Z 4 5 5 April the 11 th 6 : will vote and do vote for 6 MS To April llth 7 numbers tt the same project 7 Ma ~, SO we have 8 is fimsheg as the owner ts 8 to contmue Item 6B Is there a 9 concerned anymore 9 second? 10 MR MCNEILL yOU have any 10 MS HOLT 11 questions,for the let me ask a questton 11 12 then so tf I heard you say 12 Any ~ to continue it 1 13 what you,smd carher -- 13 think we approve it requested 14 contmue to mn that 14 approve it and But 15 That's r 15 that' That's what I think' be 16 Or sell ~t to s r and close hero I don't see any lights and if I don't 17 the service ~ ~ three mechamcs eady to vote Vote c 18 I messed up Reset my lights, please Sorry 19 That's right about that Commmmoner Rmhel, you need to revote MR MCNEILL That'S Comrmsmoner Holt, you need to revote Mot:on passes 4 1 Thank you Commmmoners, dtd MR MCNECLL All right Our next item on the comnlantS? Agenda m the D~nton Plaza Adchtion Tins 11 6 acm ate MS HUDSON I thttlk ther~ Is another 24 is located on the southwest comer of Kunberly Lane and alternative, you could -- another alternative could Karma Lane And it's to be a call center for the Federal Page 44 posmbly be to contmue the plat until such tune as the I Emergency Management And Mr Salmon is going to bnng us gone through City Council to 2 thc there's three subparts to this And thc fn`st part : right-of-way, if any, would need to be 3 has to do with another exaction variance And I believe 4 fiat, wbaoh means that' it 4 Mr Salmon m going to bnng that 5 tn a month 5 Ma SALMON Thank you, Chan` and Commissmn 6 MCNEILL okay 6 Hopefully, flus vanunea m a htfle bit mom clear cut 7 oh, no That's what 7 than the last As the chairman mentioned, there is a 8 I wanted' Thank you 8 call center proposed for flus ate located at tho comer 9 9 of Karma Lane and Knnberly Lane, JUSt to the north and I 0 applicant ~ taff make thmr 10 east of the [owes site I've hlghhghted or I've shown 11 reeommetldations have addtttonal gommentg or a 11 the developer has proposed to extend Ydmberly Lane across 12 molten? 12 the frontage of the sate and then also extend Karma to a 13 MS : that we reeommand 13 point that will reach then' driveway So they are doing 14 postpomn~ It - review of the 14 some sleet extensions and some right-of-way doahcataons 15 variance, -- I move that we 1:5 This m a project that m going to have to 16 16 have a site plan approval and that will go on to City 17 NYDER Let me just The molten 17 Council So, you know, unhka tho last one, that was a 18 I be to recommend t woBld be to 18 detail plan, this one's actually a project plan that will 19 bo reviewed by the City Council I should mention this is MS GOURDIE All right 20 two variances and I'd hko to present both the sidewalk ~ PP 01 21 and tho street at the same t~mo and then I've got separate -- t~vlowed, 22 meltons prepared for each of those for? 23 The erthnunce m quostlon is 34-114, Sections MR SNYDER Let me make a suggastlorl 24 5 and 7, which are parameter paving and sidewalks Thc might want to contmu 2!; slt~ is bounded by Bndge~ Road on thc hack side or the THE PLANNING AND ZONING COMMISSI 7 RCH 14, 2001 Page 41 - Page 44 CondenseltTM Page 45 Page 47- 1 east side And it's an existing road, so our ordinance I hka to make a comment'/ 2 would apply to that existing road Bridges Road ts a 2 MR TONY SNYDER oood evening, Commissioners 3 dead-cad It mainly -- well, In fact, all tt does serve 3 My name is Tony Snyder I'm an architect representing 4 ts some exist, lng single fmmly homes The apphcant site 4 FEMA tonight I have a simpler plan to look at if the $ plan, at least, as it's being proposed now shows all the 5 camera wants to zoom out It gives you a little better 6 access on to flus extension to Kamherly and on to this 6 image of what we're actually doing there I have no 7 extension of Karma Lane So they've apphed for this 7 presentation per se We were here Tuesday night and we 8 variance based on exaction criteria because they don't 8 thd pass tkrough thc project plan approval process with 9 plan to use or affect Bridges Road 9 thc City Council I know you had said we sull had to do 10 In this case asst~m, mg that their site plan 10 that but wc'vc done that So Council Wednesday mamma 11 will be approved, we are going to reeormaend that the 11 actually, reviewed our project and approved it, but albe,t 12 variance Is granted At this pomt in time, Bridges Road 12 we're here to answer any questions you may have and 13 IS m very poor condition It's very narrow There is no 13 address any concerns or comments 14 sidewalk and tt would be very expensive to install those 14 MR MCNEILL okay Very good Does anyone 15 items We feel that that would probably not be a 15 have a question for the applicant? 16 reasonable banefit to the development because with the 16 MR RISHEL Legal question 17 requlremeat of having to do a site plan and with that site 17 MR MCNEILL Yes, go ahead 18 plan not showing any access or connection back on Bndgas 18 Ma ms~4eL I m presunung that ~MA being a 19 Road, they would have absolutely no use or benefit from 19 governmental entity has the right to build fairly much 20 the construction of that street I'll be glaO to answer 20 hke the County would or most other entities that are 21 any questions you might have At this time, for your 21 # government entit~es? Cia^fy why I'm confused here 22 information, I do have at least their latest site plan 22 Ma eD SNYD~ well one of the tbangs here, 23 proposal Here's the extension of Ktmberly The 23 as I understand it, and correct me if I'm wrong, this is 24 extension of Karma ts right hem and then this ts Bndgas 24 not a ~M^ building, this is a privately built braiding 25 Road back here And as you can see, they've got parking 25 that's going to be leased to FEMA, lS that correct? ' Page 46 Page 48 1 all m the hack, but there are an dnve eatrances on I MR TONYSNYDER It'saleasebaek 2 Bridges All of the drive entrances are a~ther here or on 2 MR RISHEL That clarifies it for me Thank 3 Kunberly or up here on Karma 3 you 4 MR MCNEILL commissioners, do you have 4 MR TONY SNYDER we'd be on the bull dozers 5 questions for staff? Commissioner Pdshal 5 right now 6 MR R[SHBL Mr Salmon, could you give me 6 MR MCNEILL which ts very mca because you 7 soma examples of some areas that we have done, projects of 7 didn't take tt off the tax rolls 8 ~s size ahatung neaghborhoods that we have not earned 8 MR TONY SNYDER That's right It's going to 9 out sidewalks and other improvements and those types of 9 be a very big contributor to the tax base and to the job 10 tlungs I'm just trying to think of the preeedeece we've l0 base 11 set so far I l MR MCNEILL Other corcallent~ or questlons'~ 12 MR S^LMO~ well, the only one that really 12 Thank you very much 13 comes to mind at this moment would be United Copper We 13 MR TONY SNYDER YOU*m welcome 14 thd have a s~dewalk vans^ca and a parameter paving 14 MR MCNEILL SO we ne~d to consider these as 15 variance on Flshtrap Read along thear north side And it 15 separate motto^s, so ts them a motion for Agenda Item 7A 16 was for a very similar reason that they had no driveways 16 or additional discussion? Commissioner Gourdle 17 and very little of thear ~affic was actually going to use 17 MS GOURDIE I Just have one question Is 18 Flshtrap Road It was all going to be using C_~eeslmg and 18 Bridges Street being used by the homeowners that live to 19 380 19 the other s~de of flus development? 20 ~R alSHBU what's the total acreage on this 20 MR SALMON Bridges Road ts exclusively used 21 site7 21 currently by those five or slx houses that front on that 22 MRS^UMO8 I don't have that llacres? 22 east slde of the road 23 MR RISHeL Thank you, Ms- Salmon 23 MS GOURDIE IS these going to be -- since 24 ~ MCNBrLL Additional questions7 Okay Is 24 the project plans been already approved, ts them a fence 25 tl~ apphcant or the appheant's rcpreseatativeo would he 25 and all sorts of things that -- I see you nodding Okay THE PLANNING AND ZONING COMMIS$ kRCH 14, 2001 Page 45 - Page 48 8 CondonseltTM Page 49 Page 51 1 So it's really actually the Bridges Road won't even be I discussion or is there a motion on the variance for 2 seen from the development? 2 s~dewalks? Commissioner Holt 3 MR SALMON Rll~lt Tht~co'll really going to 3 MS HOLT I move that we recommend to City 4 be no contact between this facthty and Bridges Road 4 Council that a variance on Sention 34-114-17 be granted 5 MS OOVRDm. okay And drainage and 5 for the Denton Plaza Addition for sidewalks as the amount 6 everythmg,hke that, there's not going to be any more 6 of the improvements would exceed reasonable benefit 7 harm done to that road duc to this development? 7 MR MORENO second 8 MR SALMON The drainage is being worked out 8 MR MCNEILL It*S been moved and seconded 9 with thc system of detention ponds and some off-site 9 Is there any discussion? Coramissloner R~shel 10 nnpmvements that shouldn't affect Bridges Road or makc it 10 MR RISHEL Yes I would think this is an 11 deteriorate 11 excellent oppur~nlty for us ~ see business and 12 MS OOURDIE And lf lt does, thenwe, the 12 residenccs grow together and impreve thc entire area And 13 City, will go in tho~, have t~ repair what's -- 13 I don't agree that this is an exaction variance at all 14 MR SALMON Pagla We'll work out whatever 14 and would like to see the appropriate improvements made m 15; drainage unprov~aents we feel are necessary And, of 15 th~s area 16 course, if It texas out that what they do doesn't work, 16 MR MCNEILL Adthtional comments from anyone~ 17 then It would be tho City's respoaslbihty to maintain the 17 Any Commissioner7 All right Seeing no hghts, would you 18 road 18 vote on the board, please? Motion passes 3-2 19 MS OOUROIR. okay Thankyou 19 (COMMIesIONFA{SOOURDIRANDRISHIILVOTINOIN 20 MR MCNRILL very good ethan' coalment$ or 20 OPPOSITION) 21 questions? Do I hear a motion? Commissioner Holt :21 MR MCNEILL So the Item C under flus is the 22 MS HOLT I move that wa reeommond to the 22 approval of prohmmary plat AndMr Oraylsbnngmgus 23 City Council that a vananoc of Section 34-114-5 be 23 the staff report 24 granted for the Denton Plaza Addition for the parameter 24 MR OP, AY The only reason that we're 25 paving on Bridges Street as tho amount of the improvements :25 presenting this is because -- due to the vananea, we Page 50 Page 52 1 would exceed reasonable benefit I present this as a separate item If thn vananoa wasn't 2 MR MCNEILL DO I hear a second? :2 necessary, th~s would obviously be a Consent Agenda item 3 MIL MORENO Second 3 The prehmmary plat assmmng that the variants is 4 MR MCNEILL It's been moved and seconded 4 approved by Council, the prohmmary plat meets all of the 5 Is there any discussion on the rootien? Vote on the board, 5 City's subdivision regulations and so we recommend 6 please We have a question 6 approval 7 MR RISHEL NOt a question, .lust R stet.~nent 7 Mm MCNemL commissionors, do you have 8 I flunk this is an excellent opportunity for our City to 8 questions for staff? Seeing no lights, thank you very 9 see devel0pmont grow and flourish, and unprovea 9 much Docs the applicant wish to make adtht~onal conunent? 10 neighborhood both And I totally d~sagren w~.th the 10 Does anyone have a question for the applicant? Thank you 11 direction we are going here Totally a different ! 1 very much Is there a motion? Cormmsai6ner Holt 12 sill.lotion W~th the copper plant and where they wore and 1:2 MS HOLT I move to approve the prehmmary 13 what they did out thorn 13 plat of the Denton Plaza Adchtion 14 ! flunk this ts a piece of m-fill that could 14 MR MOP, ENO I i1 second 15 be very promising for us and could really unprove an area 15 ME MCNEmL It's been moved and seconded - 16 residentially, that could use Lmprowng tf you've ever 16 legal is saying that it needs to be subject to approval of 17 driven over m that area And I would hke to see a way 17 th~ variance -- 18 for the City and the developer to make those improvements 18 ~a Eo sNYO~, of the two variances 19 happen m that area Thank you 19 tea MCa, mILL of the two variances Do you 20 MR MCNEILL very good Additional cerements 20 want to amend your motion to that effect? 2I before we vote? All right Vote on the board, please 2i i~s HOLT Yes 22 Motion passes 4-1 22 ~ MCNEmL okay Motlon's been made and 23 (COMMtS~JIONER RISHEL VOTING IN OPPOSITION) 23 amended to include the vananocs Do you still second 24 MR. MCNEILL And you heard Mr Salmon make 24 that? 25 b. ts eoramonts about It~a 7B, also Is there additional 25 ~ MOraiNe still second THE PLANNING AND ZONING COMMISS kRCH 14, 2001 Page 49 - Page 52 9 Condena~ItTM Page 53 Page 5 I MR MCNEILL AIl right Additional All right I'll close the public hcenng then 2 discussion? Are you ready to vote? Vote on the board, do you have any closing comments9 3 please Motion passes 4-1 MR GRAY Staff recommends approval of 4 (COMMISSIONER RISHEL VOTING IN OPPOqlTION} replats 5 MCNEILL Verygood So I'll-- l a re'plat And actually these two are have no t combined together, but there a 7 a motion c a 8 f them, and I would hko -- unless I hear an 8 Mq t move to approve 9 I would hke to 9 plat on ~ the Pecan Section K 10 n staff on both of these And thor 10 MR replat? 11 So Mr Gray, 11 MS HOLT 12 bnn: 12 MR MORENO I'll 13 MR This ts a 13 MR MCNEILL S~3 14 K The reason 14 that we a Is there any 15 why we're doing a i 15 discussion on this9 Seeing none, would 16 for Section K, which center for the 16 you vote on the 5-0 17 Preservo contains some some land that was not 17 , would there's any 18 part of the original : for this section of 18 discussion whmh Is Is there 19 sO ,rehmmary 19 on that? 20 replat, wbach property ~ left out of 20 Holt 21 the first 21 HOLT I move to approve the final 22 MCNEILL Co ahead and do Creek, Section K, being &Lot 2, Block 22 of Lakevxew Boulevar~ MR GRAY And as far as the final plat ~s concerned, the only reason why v MR MORENO And I'll second Page 5~ hearing Is that technically th~s final plat is a replat in Ma MCt~mL It's been moved and seconded , small pomon of a right-of-way , dlscusslon on this final plat approval? x along the preservo at Pecan Creek, maybe 10 1 no lights, would you vote on the board, please? 4 property 4 0 5 And a this is such a tiny mount, to 5 ~ next item is Item 10 6 6 we d 7 7 ' the staff bnngs 8 8 Tbs I ? Teastey Lane and ] Icad And 9 'ou very 9 Mr this 10 much Is the a 10 planned development 11 hearing :omment~ from the 11 Ma ORAY and address 12 public and the apphcant a of these l~ans and then 12 both the zoning plan as well ~ 13 we'll vote separately I as tho apphcant here 13 amendment It's 14 and wollld hke to ~ gems? 14 actually been continued 15 H1 ts John Anderson 15 from the we w~ce some 16 And I'm just ~ that you may 16 prewous I regarding 17 have n ~relmun~ i final plat 17 ~affic along 'I and 18 very good 18 being proposed heee on 19 you Va' Anderson? 19 there was an updated traffi much Is them anyone in ~ who 20 the City's traffic consultant issue either for or again copy of tlus updated study has been provided ~ who would hke te address th~ t your backup The traffic, of course is an issue7 We don't have any cards, do we? Okay So va concern regarding this development This no cards, and so I'll ask a tlurd tune, is thexe anyone in pu~ng a community act~mty centex hero really is -- I 25 the audience who would hke lo address ~ther one of these think Ws staff's view a two-edged sword On one hand, THE PLANNING AND ZONING COMMISSI( RCH 14, 2001 Page 53 - Page 56 10 AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2001 DEPARTMENT: Planning Department CM/DCM/ACM: Dave I-hll, 349-$314 f~'~x SUBJECT - V-01-0005 (Sherman Shell Vartance) Consider approval of an exaction variance from Section 34-114(3), street design standards, concerning right-of-way dedication, of the Subdivision and Land Development Regulations for a 0 6 acre property is generally located on the west side of Sherman Drive, approximately ~A mile north of Bell Avenue The site is m a Single Family (SF-7) zoning district A convenience store with gasoline sales is proposed The Planmng and Zoning Commission recommends approval of a partial variance for 8' of right-of-way dedmated (3-2) (V-01-0005) BACKGROUND The applicant has requested an exaction variance, based on the cost of the required dedication (right-of-way) in comparison to the redevelopment of an existing bmldmg (See Attachment 1) ~ The appheant is proposing to redevelop the site from the existing service station with gasoline sales to a eonvemence store with gasoline sales The applicant proposes no additional right-of-way dedication along Sherman Dr~ve ~ According to the Subdivision Regulations, a Primary Major Arterial, such as Sherman Drive, requires a total right-of-way of 120 feet The existing r~ght-of-way is 70 feet This development is required to dedicate 25 feet of right of way under the current subdivision ordmanee OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION Staff recommended a partial variance to dedicate only 8 feet, based on different alternatives for widening Sherman Drive to 6 lanas (See Attachment 1) The Planmng and Zoning Commission recommend approval of a partial variance to dedicate only 8 feet (3-2) ESTIMATED PROJECT SCHEDULE The subject property ~s not platted and would need to be platted, prior to development A Prehm~nary Plat has been continued by the Planmng and Zomng Commission to the April 11, 2001 meetang A Fmal Plat has been rewewed by the Development Review Committee and ~s also scheduled for the April 11, 2001 Planning and Zomng Commission meeting A Zonmg Plan and ProJect Plan must also be approved, prior to development The Planning and Zoning Commission will hold a public heanng and make a recommendation to City Council on the Zoning Plan at the March 28, 2001 meeting The ProJect Plan is scheduled to have a public hearing at the April 11, 2001 meeting PRIOR ACTION/REVIEW The following ~s a chronology of V~01-0005, commonly known as Sherman Shell Addition Apphcatmn Date - February 5, 2001 DRC Date - February 15, 2001 P&Z Date - March 14, 2001 FISCAL INFORMATION Redevelopment of flus property could ~nerease the assessed value of the city, county, and school d~stnct It will require no short-term public ~mprovements that are the responsthfl~ty of the city Fmlure to exact right of way will cause the City of Denton to pumhase right of way in the future and incur the cost of damages to the gas stat~on/convemence store with CIP funthng when Sherman Drive is w~dened ATTACHMENTS 1 Planning and Zoning Comm~ssmn Report, March 14, 2001, V-01-0005 2 Planmng and Zoning Commlssmn minutes from March 14, 2001 R__espect fully submltt__ed Douglas~S Powell, AICP Director of Planning and Development Prepared by Beth Hudson Planner I [ Agendn Item Memo To Planning and Zomng Commasslon ./_ From Dawd Salmon, P E Interim D~rector of Engineering ~ Date 3/7/01 Re Paght of Way Dechcat~on Variance for Sherman Shell Adcht~on Joel Plangman, owner of the existing Shell Servace Station at 801 Sherman Drive has applled for a variance of sect]on 34-114, (3) of the Code of Ordinances eoneemmg Street speclfieat]ons The subject sect]on of the ordinance refers to Appen&x A-l, wlueh contains the required mum width of right of way for d~fferent street classaficat]ons Sherman Dnve is a Primary Major Arterial, and requiros a total of 120 feet of right of way There is eurrontly 70 feet of right of way The appheant as proposing to plat the subJeCt tract and is reqmred to dedicate an adcbt]onal 25 feet of right of way He proposes to remodel the ex~stmg service stat]on into a eonvemence store and modermze and add more gas pumps The appheant proposes no adcht~onal right of way The apphcant bases the reason for the variance request on the large cost to tear down the eyastmg bmldmg and build a new building further back on the lot (approx $200,000) winch would be reqmred if 25 feet of right of way was dedicated The Comrmsslon may recommend that tbs exaetxon vananee be approved by the City Council if the following criterion is met (b) Criteria for variances from development exactions Where the eommasslon finds that the rmposat]on of any development exact]on pursuant to these regulat]ons exceeds any reasonable benefit to the property owner or as so excessive as to constitute eonfiacat]on of the tract to be platted, at may ~r~eommend approval of variances to waive such exactron's, so as to prevent such excess, to the City Council Waiver of developmehtal exant]ons shall be approved by the City Council The quest]on is, are the costs associated with the pubhe rmpmvement reasonable and consastent w~th the type of development proposed and the demand for sennces that will be created? The ex~stmg street at flus locataon Is a 45 foot wide, 4 lane unchwded street, wtuch fits comfortably within the eyastmg right of way A standard primary arterial is 6 lanes divided wbaeh as 86 feet wade The current reqturement of a 120-foot right of way gaves a parkway width of 17 feet The prexqous reqatrement of 100 feet le/t a 7-foot parkway Unfortunately, even dedicating 15 feet of right of way as the adjacent property d~d would requme relocation of the existing btuldmg Staff recommends a part~al variance m tbas ease It appears that 8 feet of right of way as the most that can be de&eared wathout having to tear down the exastmg btuldmg It also appears that at vall be possable to obtain some right of way on the opposate sade of the street If at least 100 feet of right of way can't ultunately be obtained and the street as w~dened to 6 lane d~vaded, at may be possible to nanow the street section through tbas area by narrowing the median, skewing the street section m the right of way toward one sade or the other, or by using shghtly smaller lane w~dths Recommended Motions: I move that we recommend to the Caty Council that a partial variance of section 34-114 (3) be granted for the Sherman Shell Adchtmn for right of way dechcataon as recommended by staff as the fall amount of the unprovements would exceed reasonable benefit 0 CondcnscltTM ~ Page 3 I P R 0 C E E D I N O S I artertal and our street standard for right-of-way width on 2 MR MC'N~[LL We do havc a quorum tins 2 that type of street is a total of 120 feet 3 I vail open thc Agenda for the Planmng and 3 There is currently 70 feet of nght-of-way at 4 14th, 2001 4 tbas locatton which means that in order to comply with the 5 5 ordinance, the apphcant would have to dadteate an 6 6 additional 25 feet of right-of-way The apphcant as not 7 And ~ 7 proposing to dedicate any right-of-way with the platting 8 -- with l~s 8 of this property What's being proposed is to convert the 9 9 existing service station into a convenience store, I 10 14th, 10 believe possibly add a drive-through window and 11 2001 11 re-configure the gas pumps and also add - or more gas 12 MR ~USH~L Mak, 12 pumps to the site 13 minutes of the Februar meeting 13 The reason that the applicant proposes not to 14 t~a Mom~o 14 dedicate right-of-way is that in order to do so he would 15 Ma IviCI, mILL 15 have to tear down the existing building and build a new 16 that we a 16 building further back on the lot to accommodate the extra 17 Vote on tl 17 right-of-way and he's indicated to staff that that would 18 18 cost in excess of $200,000 00 to do thgt So that's why 19 Agenda 19 this Is an exaction variance 20 queetaons Is ther* a raouon 20 An exaction variance, of course, IS one that 22 MS HOLT SO moved 22 on We took a long hard look at this particular situation Ma ~usH~[ second 23 trying to be, you know, understanding of what he's trying 24 MR MeNetI~L n's been moved and seconded 24 to do, yet, try to look at the City's long-term interest 25 that we approve the Consent Agenda Any diseuss~on? All 25 We don't -- we don't have -- excuse me We don't have It Page 2 Page 4 1 m favor, vote a the board, please I on the Agenda this evening and we don't have it with us, 2 The next ii,an 2 but looking at the property and the plans that Mr 3 by ~ -- by their 3 Plangman has for the property, it appears to staff that he 4 plant And 1~ 4 would be able to dedicate an additional eight feet of 5 wlueh 5 right-of-way and still maintain all of the proper 6 6 clearances that he's going to need to keep the existing 7 7 building tn place and still put in new gas pumps So 8 Agenda 8 that's what our recommendation ~s going to be on flus 9 Okay Very good Tl~ next item on our Agenda 9 particular varmnce Is to go ahead and, I guess, grant -- l0 as Item 6, the Sherman Shell Additaea Thas has to do l0 our recommendation ts to grant a partial variance but to l I with an enae~on vanenee and approval of the prelmunary l I still require eight feet of adtht~onal right-of-way 12 plat I think this is land of a elenmng up process and I 12 That will require the City m the future d 13 beheve that Mr Salmon is going to bring us the first 13 and when Sherman Drive xs widened to probably have to 14 r~port 14 modify the street section Ultmaately, Sherman Drive 15 MR SnLMON Thank you, Chaar, members of tho 15 could be a sxx-lane thvlded street Right now it's only 16 Conmussion We have an exaction variance this ovemng for 16 four lanes und~wded There's currently not an lmmechate 17 well, actually there's an existing Shall station 17 need to widen Sherman Drive The traffic counts are low 18 located on tho site on the overhead lust for your 18 enough that four lanes divided ~s more than adequate And 19 reference it's just north of the Piggly Wiggly ea Sherman 19 In the future tf we ever got to a point where we really 20 Drive sort of catty-com~xt from Lmwood Slteet Section 20 needed that street to be a six lane dtwdad street, we 21 34-114 of the Code of Ordinances concerning street 21 could look at different alternatives m the street cross 22 specificat~pns ro:lUh-~ that -- when a pmpea'ty is platted 22 section We could provide a narrower mechan at that 23 that they dedicate right-of-way in accordance w~th our 23 location We might have some opportunity to skew the 24 sla, eet standards based on the classafleatmn of tho 24 street for either one side or the other And maybe even 25 street In this ease Sherman Drive is a primary major 7 ,ave a few feet by, you know, narrovang the lane vadths a THE PLAN-NINO AND ZONING COMMISSION ..... JH 14, 2001 Page 1 - Page 4 CondcnseItTM Page 5 Page 7 I htlle bit I $300,000 00 to modify a And if we have to spend another 2 Our standard lane widths am 12 fset, but 2 $200 000 00, then thc project Is off We will have to 3 sem~me~ 10 and 11 foot lane widths m an urban seamg 3 leave it as a is Now, t need to show you tho properties 4 are not uncommon So, you know, I think we've got some 4 that are adjaceat to ours 5 tools that we can use In the futura in the event that we 5 Th~s is tho church property that is directly 6 have to modify the stree¢ seetmn on Sherman Dave to make 6 ~ our north of the s~to This is an abandon convenience 7 ltfit And we feal that we'll be able to get some 7 store It's bean them approx~matoly 20 years, maybe25 8 right-of-way on the other side as well, eather when that 8 years, probably 25 years It's also zoned st: 7, now how 9 property plats or if we have to buy ~t latec dunng a 9 that -- both s~tes th~s open green area here used to be 10 capital ~rnprovemouts program I'll b¢ glad to answer any 10 - no, that's bean vacant all that time The -- th~s ~s a l questions you nught have 11 cleaners and then P~ggly Wiggly and them used to be a 1:2 MR MCqqEILL commissioners, you have any 12 small serwce station ~n thc green glass area just to its 13 questions for stafP? Okay Thank you very muah Is the 13 south 14 appheant or the apphoant's ~p~entaUvo ~ that 14 Across tho street from Piggly Wiggly ~s a 15 wouldhketomnkeacomment? State your asme 15 florist And thls has bean vacant fur as long as I cen 16 MR PLANOMAN My name 15 $cel Plangman, 16 remember, probably 20, 25 years And then northeast of us 17 Mlllenmum Oasohne Corporation And we're at 3300 West 17 ~s a day care center that's bean them probably 20, 25 18 Umvers~ty, Denton, Texas The only reason we're really 18 years And t~n this is our site, which we would hkc to 19 h~ today ts b~cause 32 years ago them was a nustako 19 improve 20 made m the City Records They d~d not ax:ora our 20 The City has already smd that they do not 21 bulldmgpormlt Andwhentheydldn'treaordth~bmldmg 21 really want bays openmg to the streat Wotondtoagrea 22 permit, we were sull zoned SF 7, therefore, we had to 22 with them, but :f we can't go to a convenience stose, we 23 apply wheal we wanted to make modffication to th~s site 23 will have to sell to a meahame We have no other chorea 24 that even after we received a commercml pernut and we had 24 because we cannot under current regulations or the interim 25 to appeal to th~ C~ty Council at that ttme to put m 25 regulations or m the new D~elopment Code that will be Page 6 Page 8 I fiberglass tanks and they re3ected tt And those I voted upon, we will not be able to be a confonmng site 2 ftberglasa tanks would be the standard today, but we 2 without being ~zoned And even if we get the zoning that 3 received a pernut for steel cathodtc protected tanks We 3 we have been promised in the now D~vclopment Code we will 4 had to go through both porrmts in order to build the 4 still not be zoned to be a service staUen We will be $ statton But still we were recorded as SF ? at that ttme 5 zoned to be a convemence store But we will not be zoned 6 and have been recorded as SP 7 since then because we 6 to be a service station But once we try to change that 7 d~dn't make any major modifications ,to the rote 7 rata a convenience store, we have to go through the 8 The Feason we do not behave that we can -- 8 process and then bring ~t back to whom we are right now 9 can I move thts? 9 We have to dedicate right-of-way So we're kind of in a 10 MILMCNEILL sure Goahead 10 catoh22 It was not our fault that ~t was not zoned 11 MR PLANGMAN The reason we behave that we 11 properly m the begmmng, but we've had to pay a lot of 12 cannot make modzfientton or allow -- all right Tbere's a 12 money to try to get ~t zoned the way ~t should be zoned 13 dotted line here Can you see these two dotted lines l~ke 13 I'll be ready to answer any quesUons you 14 thts9 14 might have 15 MR MCNEILL Yes 15 MR MONgreL comm~ssioners, do you have any 16 MR PLANOMAN All r,ght That ts the taming 16 questions? Staff has a comment 17 radtus for the tractor trailer that will unload gasoline 17 MU REICHHART The one tlung I wanted to 18 there If we move eight feet m, we veil be mstde that 18 polnt out and make clear is that the zoning doesn't have 19 turning radms, therefore, we will not be able to get that 19 anything to do with the right-of way dethcation It's the 20 trailer out of there without backing rote Sherman Drive 20 fact that you need a building pemut and, therefore, 21 And that would be very much of a hasard to the pubho 21 you're doing ~mprovements Whether you were zoned 22 The next t.lung is that if we have to gtve the 22 commemml right now or sF-7 you would still bo l'~lllr~ 23 the etght foot of right-of-way the bank vnll reJeCt our 23 per our ordinance to dedicate that right-of-way So the 24 loan application because they will not lend us another 24 zoning, although, that affects your uses and those -- you 25 $200,000 00 to do ttus It's going to cost us about vould sull have had to have plaaed, and tl~ plamng is ~ 8 THE PLANNING AND ZONING COMMISSIOK ~'H 14, 2001 Page 5 - Page Cond~nseItTM Page91 Page 11 I what's triggenng _ I ] MR MORENO used as part of the 2 MR PLANGMAN well, I misundea'stood that 2 convemeaea store 3 MR REICHItART But you were current about 3 MR PLANOMAN TO g{ve you an idea of what he 4 being zoned wrong, but -- 4 would do All right Those bays, he would take the 5 MR PLANGMAN Right But m the -- if we 5 columns beha~ean the bays, he would narrow those down, and 6 would have wanted to have done tt before the interim regs 6 he would mn glass from the header board above all the way 7 were done, we would have still been in this shape of 7 down to the floor or witlun six inches of tho floor, but 8 having to come before the zoning and try to get this 8 he would glass almost the whole front and then about a 9 mzoned But the final -- yes 9 third of the s~de on the north side Then he would tear 10 MR MCNEILL GO ahead and finish your 10 out the canopy and turn it 90 degrees perpendicular to 11 comments and then we've got some questions for you I 11 what it is now and raise it up to about 14 and a half foot 12 didn't want you to leave 12 of clearance so you would have thn:e islands diving 13 MR ?LANGMAN oh, okay Well, goahead I 13 towards the statlon 14 don't ne~l to comment 14 So ~t would g~vo it a modem look And then 15 MR MCNEILL commlssionar Moreno 15 he would face the front and the sules vvath flat metal and 16 MR MORENO Mr Plangman, you said that the 16 then put his logo on it which ~s Mfllenmum, and then -- 17 bank would not fund your project if the right-of-way was 17 and make it look -- to give you an idea of what he's doing 18 dedicated, even the eight foot? 18 now, he makes l~s stations look like this He just built 19 MR PLANGMAN well, let me put this back up 19 this It's not yet open but it will be open Monday in 20 MR MOraiNe Okay I didn't understand why 20 Fort Worth And he built another one in Garland It will 21 MR PLANGMAN if we -- under the current 21 lookhkothls That one looks llke that But tho fronts 22 bmlghnghne, we are all nght We can make the projeet 22 am exactly the same He dees as much glass as possible 23 work But if we cledleate etght foot of rtght-of-way, we 23 and he faces it m a very professional way Heapent 24 have to push that braiding line back up towards the 24 probably $2,000,000 00 on this one 25 station another eight feet, therefore, we can't make the 25 Ma MORabrO would your pumps be turned Page 10 Page 12 1 turning radius Plus the cars that pul1 mto the pumps 1 perpendicular to thc way they are now? 2 will now be too close to the curb, and then if you have a 2 MR PLANGMAN Yeah They'd be turned 3 pickup come m, it's way too close to the curb because we 3 perpendicular to thc way they are now But he's domg a 4 maybehke25,30feetawayfromthecurb, butwhenacar 4 numberofprojeetsalloverthemetroplex Andtlusis 5 pulls up to a gas pump, it pulls up with its front 5 one he's just about to fimsh And it will be operational 6 sticking into -- further towards the station than whom 6 this next week 7 the pump is because the tank is back here on the cur So 7 MR MORENO That's all my questions, sir 8 you've got about ten foot you've lost And so now I'm 8 MR MCNEILC commissioner Rishel 9 about 20, 25 feet from the curb A car can barely make 9 MR RISHEL I may have to get a legal 10 lt, but a piclmp wnAl never make up But a car wlll most 10 clearance ham If l have a Shell card, does that make me 11 hkely -- its front vail come over the sidewalk m front 11 still eligible to participate m this? 12 of the statlon and so lt would be a hazard 12 MR SNYDER That's fmc 13 MR MOR.E310 So on that basis the bank has 13 MR RISHEL And if I traded at tlus service 14 determitled it's not a workable deal if the right-of-way -- 14 station for years before I moved to the other s~de of 15 MR pLANGMAN well, ifl have to tear down 15 town, is that -- okay I just wanted to make sure The 16 the building, the bank said, well, it's going to cost you 16 people that operated that unit for years were very quality 17 another $200.000 00 to do the project, so that's not going 17 people in the service industry and we appreciated them 18 to make it work 18 being here I'm thrilled to death that staff and several 19 MR MORE~O okay 19 other people up here probably are going to agree with this 20 MR pLANGMAN SO we'd be left vnth a service 20 and it's nice to see an existing business wanting to 21 station 21 improve their slte, and it sounds to me hke we have ways 22 MR MORE3qO (gl the issue of tho open bays, if 22 of working together, and Pm glad that we've seen an 23 you convert to a convenience store, will those bays be 23 opportunity here 24 closed and used to -- 24 It sounds to me hke when you're through with 25 MR. pLANGMAN Yes, let me put this back 9 ~e budding, that visually it will look almost totally THE PLANNING AND ZONING COMMISSION ~vmax,,.,H 14, 2001 Page 9 - Page 1~ CondonseltTM Page 13 Page 15 I like a ney/building? I drawmg the drawing or the photograph? 2 MR PLANOMA~/ YP.~g, ~ause We will ~ to ') MS OOURDIE [ said a picture of 3 ehmlnate all the particulars that would oven label It as 3 MR PLANOMAN Tber~ we gO 4 being a former service station, and.lust convert it 4 Ms OOURDIF~ okay And you're talking about 5 That's why he's Wrying to narrow thc columns as much as he 5 the turn radius for the truck? 6 can to expose as much glass as he can to give It a real 6 MR PLANOMAN Yes, that's right 7 feel of a now stem 7 MS OOUROm And thc trucks, they enter from 8 MR RISHEL w~l, I think th~s is a great 8 the north side and they curve around to the south sldc~ 9 location and I'm anxious to see it improved even more than 9 MR PLANGMAN YeS, that's right 10 it ~s already I think that the in and out traffic and I 0 MS GOURDIE SO th~y'l'~ kind of this way? 11 the conaanl that you have on trucks backing back into 11 MR PLANOMAN Tile ordinance requires us to do 12 Sherman is certainly a vahd concern there 12 it that way 13 One of the things that we have seen and I 13 MS OOURDIE. TO enter from the north and 14 think we want to make sure that wa're aware of is - 14 curve into the south? 15 especially when w~ talk about service stations m oar area 15 MR PLANOMAN That's nght 16 ~sthehghtingallowaneothatwohave And one of the 16 MS OOURDIE why do they reqmre ltlust out 17 concerns because wa have neighbors lumxedlatoly in front of 17 of curiosity? 18 ) ou and behind you and beside you is that we're concerned 18 MR PLANOMAN BeCause Sherman Dave is not a 19 specifically about tho brighter than day affect that we've 19 through thoroughfare And so we can -- we have to enter 20 seen r~cently In serwco stations, that the hghtmg does 20 from thc Loop Wc have to come from thc Loop to get ~nto 21 not span out acmss tho honzon And if you would he very 21 theservlcestat~on Wecan'tcomejustnghtbarrehng 22 eonsclenee, b~ause I know oar C~ty is gems to be very 22 through town and just acme up any street Wc have to come 23 conscience of that as you do year de.s~gn in that, and what 23 from the north in order to enter the site 24 v,,e're looking for ~s some sort of a little bit of a canopy 24 MR RISHEL SO when you eexlt you're going to 25 turn dow~ on the hghts theaaselves so they tend to shine 25 to go hack to the north again? Page 14 Page 16 I more down as opposed to casting hght out And I'm 1 MR PLANGMAN Yes, when we exit, we have to 2 anxious to sen the final result when you get a little 2 come across and back to the north 3 further along 3 MS GOURDIE NOW, with the reposmonmg of 4 MR pLANOMAN well, hack on th~s, if you 4 the pumps and everything, does that m any way change the 5 could shana ttus, the canopy along the edge comes lower 5 radius of where the truck delivers the gas to'~ 6 than its soffxt, therefore, that's supposed to help keep 6 /viP. PLANGMAN well, see, what has hampered us 7 that from gems out so far but that could be 7 right now is that we can't get under this canopy 8 accomphshed I don't think that's going to be -- if the 8 MS GOURDIE Okay 9 City X~lUUeS that, I don't think that's gems to be a 9 MP. PLANGMAN Because it's only about 11 foot 10 concern 10 high and the truck IS about 12 and a half with the stacks, 11 MR RISHEL 8peelfically what we've seen is 11 so we can't get under the eanopy So ~e have to jackkmfe 12 the type of hght used m some of the things that we've 12 back and then come out, but what happens is that if we go 13 put up most recently, we're concerned about And it m~gh~ 13 through the final plat, we're going to have to dedicate 14 need to be mothfied to make sure it comphes with the 14 some of that land around us And we're not going to have 15 neighborhood areas that are around you Andtfyou'dkmd 15 theroom So we're constramed on the north and we're 16 of keep that m rmnd, I would very much appreciate it 16 constrained on the south because It drops off I don't 17 MR pLANOMAN Paght 17 know if you can see -- see this tree right here9 18 MR P.ISHEL Thank you, Mr Plangman 18 MS GOURDIE uh-huh 19 MP, pLANOMAN Any other questions? 19 MR PLANGMAN The base oftbe tree is about 20 MP, MCNEILL commissioner (3ol%rdle 20 slx foot lower than the floor plan of the station 21 MS GOUP, Dm Thankyou Could you please put 21 MS GOURDIE sowhen you say you're gomg to 22 your picture back up of your site? 22 have to dedicate land from -- on the north side which is 23 MR PLANOMAN Of the site? Of tho station? 23 where you have parking -- 24 MS GOURDIE The existing site, yes 24 MR PLANGMAN That's right 25 MP, MCNEILL I think you're talking about the J. 0, MS GOURDIE I behove, according to your ['FIE PLANNING AND ZONING COMMISSION ..... H 14, 2001 Page 13 - Page 16 CondenseItTM Page 17 Page 19 stte plan,' you have to dedicate some of that towards -- I right-of way from this site, based on his proposed site 2 MR pLANGMAN well, I have to do it for the 2 plan that you'll be seeing at some later meeting, you 3 landscaping I also have to do it for the trash dumpster 3 know, the City's probably going to end up buying a 4 I have to enclose that trash dumpster So I'm not going 4 convemenee store and gas station So, I mean, this ~s a 5 to have the room to jackknife my tmak anymore 5 relatively important issue 6 MS GOURDIE what's m the back of the 6 The other thing -- another observataon that 7 butldmg? 7 I've had is that, you know, a lot of the questions that 8 MR. PLANGMAN Back of the building, we have 8 have been asked this evening have been about the site 9 two large trees and about 35 foot, but we can't make a 9 plan, and I know you haven't had an opportunity to see 10 etr¢le around g without having to butlda whole -- having 10 that, and that will have to -- that won't come here 11 to build a retmmng wall and wipe out trees 11 That's right That will go on to City Council as a 12 MS OOURDIE BUt yOU can't put your dumpster 12 project plan I know that at the staff level, we've got 13 - I mean, the dump truak has to be up front? 13 some concerns with the site plan as it's boon presented 14 MR PLANOtvIAN I can put the dumpster -- see 14 and I don't know how appropriate it m~ght be to - it s 15 where flus trailer here is on the site next to us? 15 kind of a cart and a horse thing You know, there's a 16 M~ GOURDIE uh-huh 16 good chance that the site plan may change in such a umnner 17 MR PLANGMAN I can put the dumpster back 17 that eight feet of right of-way wouldn't be an issue, but 18 there and they can get to it, but tf I make them go all 18 ff the site plan stays the way the gentleman currently has 19 the way around the back, then that doesn't turn out too 19 it designed, then maybe eight feet could be an issue for 20 good 20 hlm with the large truck radiuses But if the s~te plan 21 MS GOURDIE Allnght Thankyou 21 gets chonged and he ends up havmg to move hls dumpster 22 MR MCNEILL If I understand what you're 22 around the back or something else happeas, then maybe the 23 saying, we're golng to lose one more full-service service 23 truck radius thing wouldn't be an issue So it sounds 24 statton ltl Dellton? 24 lake we've got some, I guess, the point I'm tr}qng to make 25 MR PLAHOMAN well, we're l~nd of on a hit 25 is a declslon as important as this probably needs to take Page 18 Page 20 1 hst really because the City has decided -- they have made into account the site plan that is finally approved 2 their intentions well known that they don't want bays 2 MR MCNEILL CommlsslOtlers, do you have any 3 opening to the street They find it unsightly and they 3 questions for the staff? Comnussloner Holt 4 don't like it They just - thc appearance, they just do 4 MS ~OLT what is thc tmac hne on ever 5 not hke So, I mean, wc can only run against the wind as 5 widening Shes'man Dnvc? 6 long as we can, but, I mean, it's not working 6 MR SALMON it's currently Bet programed 7 MR MCNEILL okay And thc property was 7 It's tho street section that's thoc¢ now is adequate 8 first approved and was mistakenly labeled si: ? when? 8 for the amount of t~afflc I mean, I would anticipate 9 MR PLANOMAN tn 1969, because that's when we 9 that g would be many years before we would have to widen 10 received tho building permit 10 Sherman Drive 11 MR MC~ILL V{~ty good Cormmssloners, othor I 1 MS HOLT SO It'S not even being talked about 12 questions? Allnght Thankyouvea3tmooh 12 stall? 13 MR PLANOMAN YOU'rewel¢omo 13 MR SALMON That's eoreect 14 MR MCNEILL Tho first item We had he;,o and 14 MR MCNEILL Mr Mozeno 15 let's see, th~s is not a pubho hearing so there's no 15 MR MOP, ENO Yes, str Mr Salmon, what you 16 addfaonal input, so does staff have any closing comments? 16 just said, are you suggesting that we not consider this 17 MR SALMON Tho only comment I would make is 17 exaction vanaane unless we have a site plan before 18 that with ox:sting 70 fec¢ of right-of-way on Sherman 18 MR SALMON well I flunk ! would make the 19 Drive, the posslbthty of ever widening Sherman with only 19 observation that you would be able to make a much more 20 70 feet of right-of-way is almost mapossthla because the 20 informed decision if you knew what that site plan was 21 nghtof-waythat'sther~nowlsprettymuchwhotwowould 21 gomgtobo And so l would that would ho, Ithmk, a 22 requtre maybe a few feet wider than what we'd require for 22 reasonable option is to postpone considenng this varlaane Z3 the street that's already there So, you know, sometime 23 until after the project plan has been to City Council 24 in thc future, we're going to hove to purchase 24 because if the site plan is approved as it's currently 25 right of way and chances are if we have to purchase 11 ~lng proposed then e~ght feet could ho a problem for this THE PLANNING AND ZONING COMMISSION .... JH 14, 2001 Page 17 - Page 20 CondonseltTM Page 21 Page 23 1 gentlemen m terms of his truck turn around, but if m the 1 that It would not be a detriment to his site9 2 course of thc site plan review, you know, the dumpster 2 MR SNYDER The problcrn with that -- that's 3 gets moved or If the landscaping gets moved, or the 3 probably too vague because there is no project plan at the 4 parking -- something happens to the site plan, It may be4 present time And to make it contingent on a standard 5 possible for hun to continue jackknifing the delivery 5 like that would be so vague that it would be virtually 6 trucks And then maybe eight feet wouldn't be an issue 6 unenforceable I think, probably, smee the exaction 7 MR MORENO Did I understand that the process 7 variance ultunately has to be finally approved by the City 8 as it now stands would mean that the site plan would not8 Councd whether you recommend for or against it, ~t still 9 come back to us, but would go directly to City Council if 9 has to go to City Council And you could make your 10 this exaction variance is approved? 10 recotranendatxon based on the meAtS that you've heard 11 MR SALMON well -- 11 tonight and then maybe that will give them some time to 12 MR MORENO Or does the variance approval 12 put something together that they can show council before 13 enter rotc that? 13 councd makes tis final deetaton 14 MR SALMON NO The variance really has no 14 MR REICHHART The real question now is staff 15 affect on the site plan, but the ultimate site plan could 15 has said that we can make future right-of-ways work with 16 affect how you might think about the variance 16 eight foot minimum on this site or do you just grant the 17 MR REICHHART The way the process works is 17 full variance? And regardless of the site plan, the site 18 because flus would be -- because the interim regulations18 plan will have to work, the detail plan when tt comes to 19 project plans go du~ctly to council for approval, 19 you will still have to be approved whether there's an 20 although, you will see the zoning plan hem unless it's a20 eight foot variance granted or if he gets the full 21 PD it 18 a PO - well, you'll see the site plan 21 variance So, I mean, it really is a right-of-way Issue 22 MR SALMON oh, you will Okay 22 regardless of the site plan, if you want to break It down 23 MR REICHHART AS a planned development, I 23 very simply because no matter what variance he gets, if he 24 was .lust reformed, that it will be -- it will come through 24 wants to go forward, he'll have to deal wath it 25 as a detailed plan 25 MS GOURDIE So If -- you're saying that the Page 22 Page 24 I MR MORENO okay Thanks I median would have to be manipulated in order to make up 2 MR REICHHART But, I mean, not speakmg for 2 for tho extra footage7 3 the applicant, I think some of it is, you know, very 3 Ma SALMON well, what I was saying ff we 4 conditional, you know, how much does he spend to get the 4 could get eight feet of right-of-way on flus sma and at 5 PD if he doesn't get the variance So, I mean, we can 5 least that much on tho other s~de at some point, it's 6 look at this -- I mean, there's a lot of engineering and 6 possible that v~ could fit s~x lanes in here, you know, 7 aroluteetural work that needs to go into go~ng a planned 7 mothfymg our normal street soctaon 8 development approved with elevations and utility plans and 8 MS OOUROIE Btu It'S stall an unthwded 9 drainage plans, and everytlung hk¢ that, that if he 9 mad, it's just the two yellow hnes, or is tt actually 10 doesn't got tho variance, you know, that almost sets his 10 going to have a medina in thoro that's 11 course for him You know, do I go forward with the PD or11 MR SALMON well, if we had ~ghl feet mom 12 not? Imean, alotofxthmgosontlusvartancewhether 12 right of-way, weeouldfit- wecouldflts~xlanesm 13 its, I moan, if you don't tlunk he -- we, the City, need 13 hero, but we'd probably have to narrow tho mechcn down to 14 additional right-of-way, then you can grant the variance 14 just a couple of feet through flus area But if w~ don't 1 $ with, I mean, no additional right-of-way 15 get any moro nght-of-way m this location, ~t's h~ghly 16 If yOU think the eight foot is a mmnmum we 16 unlikely that we would over be able to widen Sherman DAve 17 could have, as staff ts recommending, then grant the 17 meaningfully 18 varianc~wtthelghtfeet If the apphcant can't make 18 MSOOURDIE ^nd ~ght foot :s the nunnrmm 19 that work, one of two things will happen That will stay19 that y'all could really -- could you work with 5; foot? 20 as a service stataon or they'll try to reconfigure the 20 Could you work with anything? 21 plans to make it work 2 ! MR SALMON YOU know, I guess If we made all 22 MR MCNEILL cormmssionar Oourdte 22 of the lanes ten feet wide instead of 12, and we~ you 23 MS OouRr~IE This is a catch 22 Is there 23 know, narrowed tl~ mad;an down to a foot or two vade, you 24 any way that we can make the recommendation that it's 24 know, we could probably get by w~th a f~w less fact than 25 based on the project plan being presented m such a way ~q ~ght THE PLANNING AND ZONING COMMISSIOI~ 12 'H 14, 2001 Page 21 - Page 24 Condens¢ItTM Page 25 Page 27 I ~R REICHHART The other option that -- I ! problem Is, Is that you can't get a car in there properly, 2 would think that the detmled plan m itself would allow 2 because I have to put a curb that IS 30 foot from the 3 due to the site constraints allow us to allow for 3 middle of the dispenser in order to get a car in there 4 different front set back variances as part of the detail 4 properly But I also now have a problem because a car Is 5 plan, too So, I mean, If internal clreulatwn were the 5 going to stick out ten feet In front of that chspenser, 6 landseapmg and, you know, the bufldmg frontage and the 6 and then I have to have enough room to turn him And I 7 site cn'culatlon and everything else worked, the PD would 7 need -- let's see, there's about 65 feet from the curb of 8 allow us to get the right-of-way and reduce the front 8 the -- m front of the building to where the property hne 9 setback for the gas stations 9 is now And so I have to have 30 feet, four feet and 30 10 MS GOURDIE Didn't we have the Exon station, 10 feet m order for people to get m there and out of then, 11 well, the former Exon station on 1-35 at Teasley, didn't 11 without having to back up 12 we reduce their landscape requirement because of all of 12 MS HOLT Okay So then the partial variance 13 the right-of-way that they had to dedicate? 13 would not help you? 14 MR REICHHART I think they got a reduced 14 MR PLANGMAN NO, It does not help me When 15 right-of-way And I flunk we got a front setback variance 15 I start giving away feet, I have to push my pumps closer 16 for their canopy, if I'm not mistaken 16 to the building which now stops them from being able to 17 MS GOURDIB l JUSt -- I would like to make 17 make a turning radius properly 18 it a wm-wm situation, but it's kind of -- without seeing 18 MS HOLT Okay Thank you 19 what's going to happen, and if everytlung is based on 19 MR MCNEILL coranuSstoner Moreno 20 everything else, it's just difficult and I v~ould hke to 20 MR MOP. ENO MI' Plangman, I'm going to ask a 21 find -- you know, you have given some great compromises, 21 dtunb question, I think, but what tf you left the pumps 22 and I'd just like to propoint something with the 22 oriented the way they are now.) 23 comnusslon 23 MR PLANGMAN well, if I leave the pumps the 24 MR REICHHART If we got the additional 24 way they ate now, I wouldn't do that because 1 want to 25 right-of-way and the pumps stayed where the applicant is 25 increase capacity In order to pay for the project, I Page 26 Page 28 I proposing to put the pumps to get the clreulahon he I have to increase the capacity of the site 2 needs, then wherever that r~ght-of-way is really doesn't 2 MR MORENO YOU need more pumps9 3 matter as long as we grant -- I mean, if the site plan 3 MR PLANGMAN I need more pumps So if I 4 comes through before the detml plan and everything Is 4 couldn't do the project as I've presented It to staff, I 5 appropriate and you decide to approve it, tt would be on 5 would -- all I can do actually is leave the site as is 6 the condition that the pumps be where they're shown with i 6 because I can't convert it to a convenience store without 7 reduced front set back So everybody wins 7 getting into the right-of-way issue I just have no 8 MR MCNEILL commissioner Holt 8 ophon on that But I can put four dispensers on two 9 MS HOLT Pm getting more confused as we go 9 islands as they are now, but I cannot rinse my canopy and 10 along ! would hke to ask Mr Plengtnan -- 10 I can't convert my building So I have what is termed in 11 MIL MCNEILL commissioner, would you pull 11 the City as unsightly bays facing the street And I will 12 your nuerophone down.) 12 be nonconfonmng tn the future because If I get my - the 13 MS HOLT MI' Plangman, could you configure 13 zoning that's been promised me, ! will be a service 14 your bmldmg to work with this eight foot right-of-way? 14 station site that's been approved only as far as a 15 MIL PLANGMAN well, see, hke I smd, we have 15 convenience store And In order to get a convenience 16 to move the pumps closer because m order to get to the 16 store, I get right back rote the right-of-way issue 17 pumps, you have to have 30 fcet hehmd the center of the 17 MR MOP~NO Ihaveaquestion forstaff 18 d~spenser m order to park tn front of it That's about 18 Thank you, Mr Plangman 19 as narrow as you can get I mean, I've gone to a number 19 MR PLANGMAN YOU~I'~ welcome 20 of sites, and the narrowest one I found where they could 20 MR MORENO The day care center, is It 21 do that without people having to come forward, back up, 21 directly across the street from the service station or is 22 and then come m was about 30 feet where you could take 22 it further down? I've forgotten 23 car and do it Pickups would tend to go to the outside, 23 MR SALMON If I understand the day care 24 so you don't really have to worry about them But the 24 center is either located right across the street or 25 cars wall come into the middle, and that's where the 13 addy~comer across the street THE PLANNING AND ZONING COMMISSION ~vu-_~,..H 14, 2001 Page 25 - Page 28 CondenseItTM Page 29 Page 31 I MR pLANGMAN It's caddy-comer I MR MCNEILL So under the worse case scenario 2 MR MOP, ENO caddy-cornered? 2 if that came in, than we'd have to either do thas 3 MR SALMON On this larger lot 3 manipulation with the lane size or narrow the median or 4 MR MORENO Right-of-way at the new church or 4 belly up to the bar and pay the man for has station9 5 at the abandoned convantanee store, is that an issue 5 MR SALMON Right 6 today9 6 MR MCNEILL okay So -- and since that's 7 MR SALMON At the abandoned convemance 7 not In the future -- I mcan, it's not evan on anybody's 8 store which xs adjacent, that right~of-way xs 70 feet, the 8 plan at flus point, but the tune xt comes around, I mean, 9 existing right-of-way, because I don't believe that 9 that station could be gone by then, couldn't I0 property ;s platted either Now, the church property is 10 MR SALMON well, I mean, yeah, that's a ! 1 platted and tt was platted a few years ago prior to 11 possfluhty 12 changing our right-of-way requirements When the church 12 MR MCNEILL SO ! guess I don't see the 13 platted, I thmk they dedicated an adtht~anal 15 feet, so 13 problem Here's a business owner trying -- and everybody 14 there was a right-of-way dedication on the church of 15 14 agrees that the plan looks very good, very baneficial to 15 feet 15 the C~ty and he's trying to move on it I don't see that 16 MR MORENO And it should have been what 16 we have a problem personally with doing what you've 17 according to today's standards? 17 recolmnended here I don't see that we need to wait on 18 MR SALMON By today's standards, ~t should 18 that But that's one Comamssloner's observation So 19 have been 25 19 Commission, is there other questtans for staff? 20 MR MORENO 25 20 MR REICHHART If I couldjust point out, 21 MR SALMON But It Was m accordance with the 21 agree w~th you right now But, let's say, for example, 22 standards at that time 22 someone builds a big horse arena up north Loop 288 that 23 MR MORENO So we may have an issue there as 23 we've heard about, and that area really Packs off, Sherman 24 well, although -- 24 Road could be -- become heavily traveled I mean, and 25 MR SALMON well, except -- tt wouldn't be 25 that's what we're trying to look out for Is the future Page 30 Page 32 I the right-of-way that we would hope to have to prowde the 1 MR MCNEILL Commissioner Rachel 2 wide parkways and the wider sidewalks, but it would be 2 MR RISHEL I'm JUSt trymg to put some logic 3 anough rq~ht-of-way that we could comfortably build and 3 to it To me, ff there's movemant up Sherman from town, 4 widen the street 4 it's local people moving there, and that's good traffic 5 MR MORENO Are those homes directly across 5 for us to be going to the horse arena if there's a horse 6 the street from the service stattan or ~s that the other 6 arena there And the other traffic would be from out of 7 abandoned service stat~an and the florist? 7 town and that's going to be corcang m on the Loop, and so 8 MR SALMON I believe and Mr Plangman may 8 I don't see that as a real tough problem because as soon 9 have to correct me because he's much more fanuhar than I 9 as they can ball out on to the Loop and be able to travel 10 am If I understand coneetly, the comer bmlthng here 10 a little faster as opposed to traveling on a street that's 11 is close to the street, and I flunk those bullchngs are 11 going to be a little more encumbered, 2[ flunk they would 12 down m this area between Lmwood and Greenwood 12 prefer that if they're coming from out of town Andif 13 MR MORENO I thank you're nght, okay 13 they're cormng from m town, that's a great way to get 14 MR SALMON Yeah 14 there So I would hke to see lf we can proceed wlth this 15 MILMORENO Allnght Thanks 15 thing 16 MR MCNEILL If l understand part of staff's 16 MR MCNEILL conumseioner Oourdie 17 concern and correct me if I'm wrong here, but you see the 17 MS GOURDIE ALSO, If thas service station 18 problem as predicated on the fact that sometime m the 18 does go out of business, whaeh I'm sure it won't, but then 19 future, we nught extend or nught widen Sherman Drive to 19 the property -- ff someone buys the property, they can 20 six lanes, that that's when the problem is going to come 20 build on it according to any variance we've given them or 21 into bear? 21 whatever, ~s that correct, ff they choose to just 22 MIL SALMON Correct 22 MR SALMON Right Once this property 23 MR MCNEILL But that's not on any plan or 23 platted because it's an exactaon vartance, it will -- 24 anywher0 at thas point? 24 MS OOURDIE It will be forever untd -- 25 MR SALMON Right That's not -- 1/~ MR SALMON yeah Raght Until somebody THE PLANNING AND ZONING COMMISSIO~ EH 14, 2001 Page 29 - Page 32 CondenscltTM Page 33 Page 35 comes in and then for some reason, tf someone came in and MS uotamm okay I move that we recommend 2 decided they wanted to replat the property for some 2 to the City Council that a partial variance of Seet~on 3 reason, then we would be able to -- 3 34 1143 be 8ranted for the Sherman Shell adthtaon for 4 MS GOURDIE Btlt they would be able to do -- 4 right of-way dedieat~en as recommended by staff as the 5 they could -- whatever the uses are permitted m this area 5 full amount of tho ~mprovements would exceed a reasonable 6 they could -- 6 benefit 7 MR SALMON Right If someone bought that 7 Ma RISHEL second 8 lot and tore down the building and wanted to build 8 Ma MCNEILL It's been moved and seconded 9 something new there, tt would already be platted and ready 9 Staff has a comment 10 to go l0 MR REICHHART IJust want to make clear that 11 MS GOURDIE Right So they wouldn't have to 11 that's the e~ght foot variance 12 worry about giving up the -- 12 MS OOUaDm correct 13 MR SALMON Right 13 MR UliICHHAaT That's fine 14 MS GOURDIE okay Thank you 14 MS notalot£ YeS And the reason why I'm 15 MR MCNEILL cormmssloner Moreno 15 doing this Is that I think that as a taxpayer I tlank we 16 MR MORENO Mr Salmon, if this wore ever 16 have to be concerned about the future as well as bus~ness 17 converted to a slx lane road as you suggest, where would 17 owners at the present And I would like to see us work 18 It start~ Would tt start at north Locust? 18 out with different ways to find a different way to do the 19 MR. SALMON I believe that's the case Yes 19 landscaping And really work on the site plan to help 20 This ts our mobthty plan and the Sherma.n Dave and it's 20 this gentleman make it happen But I also have to protect 21 being shown as a prLmary arterial actually ail the way 21 the residents of the C~ty of Denton We have to watch out 22 down to Carroll Boulevard 22 for their future, too And I thank that it's a reasonable 23 MR MORENO SO are you suggesting that tt may 23 compmnuse, and I think we can make ~t work as a C~ty and 24 be a six lane all the way to Carroll at some pomtV 24 as a staff 25 MR SALMON It'S possible I would expect 25 m MCNEILL conunls$1oner MCI'OlIO Page 34 Page 36 I that with the existing eonstrmnts we have on tlus lower 1 MR MORENO yeah Along those same hnes, if 2 end down between Carroll and Locust -- 2 this variance is approved, I really would hke to see 3 MR MORENO yelth, there's too much stuff 3 staff work with the developer or with the applicant here 4 between Carroll and Locust 4 on set backs and alternative landscaping and thmgs of 5 MR SALMON Right now, yeah. there's a lot of 5 that nature to allow this thing to go forward 6 stuff that's real close to the right-of-way down there, 6 MR MCNEILL commissioner Holt 7 apartments and -- 7 MS KeLT NOW, I want to make sure that I 8 MR MeRiNO Then there's some older homes 8 understood Mr Plangman smd, that the eight foot variance 9 along that lull just to the north of Locust 9 he could not do the project Did I understood that? 10 MR SALMON So ff We were going to widen that 10 MS GOURDIE I understood it to mean that If 11 section of the street down there between Carroll and 11 he has to go to the bank and ask for $200,000 00 to work 12 Locust, I urtagme we would probably try to do semethmg 12 sometlung else differently out then he cannot do the 13 like a six lane undtmded or something if we could fit 13 project But I think that the way he's presented the site 14 that In 14 plan and without really havmg sat down vath people to 15 Ma MOP, ENO l'm just -- I'm envisioning that 15 really ask, can I do this9 Can we really work it9 I 16 traffic aS it comes up the hill and down the hill 16 don't think anything's really been -- I tlunk he's just 17 seuthbotmd on Sherman Drtve.lust before tt gets to Loeust 17 presentedtt And/Va' Saimonevensmdlt Youknow, 18 And lt's gomg at a pretty fast ehp now I'mjust 18 there's some problems He even sees that tbere's a 19 wondering what It's going to do when there's six lanes 19 problem with the eight font variance as the way It's 20 there and how that's going to be controlled It may or 20 presented But I tlunk that they have ideas that if 21 may not happen 21 someone is willing to work the compromise, then I think it 22 MR MCNEILL verygood Other questions or 22 eouldhappen That's the way I heard it from both 23 comments? Comlmssioner Oourd~e 23 parties 24 MS GOURDIE AI~ we ready to make a motion? 24 MR MCNEILL commissioner Holt 25 MR MCNEILL SBre '' M~ HOLT okay If we pass ttus variance the TIlE PLANNING AND ZONING COMMISSIO! 15. 2H 14, 2001 Page 33 - Page 36 CondenseItTM Page 37 Page 39 I way at as, this pamal vanance, and then he cannot work I MR MCNEILL Additional comments or 2 at out, can ho como back? 2 questions? Are you ready to vote? So we're voting on the 3 MI{ SNYDER Xham's no time requn'emout in 3 partial variance at this point Motion passes 3-2 4 our urdmaa¢o, as tl~re? Yeah, ho could come back But 4 (COMMISSIONERS MCNEILL AND HOLT VOTING 5 it would have to go to Council f'rst 5 OPPOSITION) 6 MR MCN'EILL ant what thc applicant was 6 MR ~ICNEILL NOW, we h 'o in this same 7 really asking for was a -- what did tha apphcant really 7 location, It, h B, is to consider s Iroval of the 8 ask for m terms of variance7 8 prehrmnar~ fiat of the Sherman ~ loll Adrhtion And Ms 9 MR. SALMON HO proposed to not dedicate any 9 Hudson w bring us the report 10 addmonal right-of-way i0 M~ ~UDSON Thank you cry much ladies and 11 tv~ M~NE[LL That's what I thought, yeah So 11 gentlemen )f the Commission T e plat tonight is fairly 12 that would be a full venance instead of a parual 12 straight f¢ ~,ard as far as plats g sow that we have 13 variance 13 looked at he eight foot variance ,n the front That, 14 Ma SALMON That's correct 14 It's show~ right now, does meet lc mmLmum technical 15 ME. MGNEILL Right Okay So, ye.ah, I 15 requlrem¢ tis of the DRC, therefoi we are recommenchng 16 guess, from what I've heard, I don't know why we wouldn't 16 approval 17 grant tho fall variance, but -- but tho motion on tho 17 I~ ~ MCNEILL commtss aers, do you ha~ e 18 floor is to approve a paraal variance of sight feet, is 18 question: for staff? Comnussm er Oourdte 19 that what I'm hearing? 19 GOURDIE Thank yc This plat now sho~ s 90 MR MORENO Thls la a recommcndaU, on to City 20 the eight, oct varmnce that he g ~uld be requLred to 21 Council 21 dedicate' ! Sherman Dave were nproved, correct9 22 M~ MCi, miLL mght That's tho motion to 22 I~ ~UDSON No, ma'm The plat as ~t shox~ 23 reconunoud to City Council a variance with an e~ht foot 23 right no ~ ~lbws no adtht~onal i ht~f-way 24 r,ght-of-way Commisston~ Oourdio 24 ~ I'GOURDIE $0 that% ~mg considered 25 MS onolzota. :-lo can also w~thdraw at any 25 at ali, st P we approve this --~ · 38 /Page 40 Page I time, too, correct, if he chooses -- if he feels flus is 1 ~ MS UU~Or; YOU will need to make thc 2 not going to work, he can withdraw the request before it 2 co.ce that the eight feet of right of way is 3 goes anywhere, is that correct, Mr Snyder? 3 '~s oouavi~, ts shown in the futu~ ~ And 4 MR SNYOEI~ oh, that's correct I'm sorry 4 if any~n~c's uncomfortable w;th tins, ha~l'n pull the S MS GOURDIE Thank you 5 rcqueat,color? 6 MR SALMON HO could choose to withdraw and 6 MS g~DSON That is corr~t ~' 7 then come back wtth a s~te plan 7 MS C,O~m xhank you ~r 8 MR MCNEILL Commlssmner Rlshel 8 MR MC~ other quesU~s or commeats for 10 staff and what I'm heanng from our owner is that thc 10 Is the apphaant -- or lll~reprea~tauve, would you 11 owner would hke the full variance and staff has smd we 11 to make a commeat? .~_'~ - 12 feel hke we can work vath you if you give us an 12 ~ ~LASOMA~ X ~, I'Ve prc~y well ~owe 13 opportunity But we do fecl hke we have a nunuxmm of 13 you th~ plan as ~t as cxc~ '~ktha prellnUnary plat we 14 eight foot at least that we would need to help make flus 14 had four &spensers ~ w~kok the tractor trailer 15 work for ,the entire area and the entire community And 15 out there we reahzed~e could n~khave foar d~spensers 16 Pm hopmg that Mr Plangman pursues thm effort to make 16 Wehadtecompro~seandmove_yown_to.t.hree~Agaln 17 work flunk this is a eat oeatlon for a service 17 the sou we thj ot mght of.ght f 18 station and the City, I beheve, and our staff would hke 18 dedieaUon ~s ~ause with 63 -- or so~l~we'ro dowa from 19 to work wlth you to make tbas happen, but we need a httle 19 65 to 57 fea~we am much too narrow ~eownervallno! 20 blt of flembdlty and we wdl help you, I'm tlunkmg, 20 do the pr~get 21 findway~tolTlakethlsworklflt~sworkmgwlth 21 tfthlsls, lt, wear~stuck.wlthas, e~a .. 23 working With dumpster loeaUons, whatever else So I 23 lf~ can't get the right of way, stop it, and we'll do 24 encourage you to try to work wtth flus eight foot that we 24 ~aetlnng different It'sover So really with P&Z s 25 have tried to look at and make flus work for everyone 16 recommendatmn and with C~ty CounmYs ~cerd of follovang THE PLANNING AND ZONING COMMISSIO! ..... 3H 14, 2001 Page 37 - Page 40 AGENDA INFORMATION SHEET AGENDA DATE. April 3, 2001 DEPARTMENT: Planning & Development ~epartment CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider and take action on a request for relief from the Non-Residential Interim Zomng Regulations, Ordinance 2000-069 for a 2 2 acre property located at 1808 N Elm Street The property ~s in General Retatl (GR) zomng d~stnct A Planned Development zomng dtstnct to allow both General Retml and Resldentml uses on the property ~s proposed (RN-OI-O02, !808 N Elm)(Hdl) BACKGROUND Ordinance 2000-069, known as the Nonresidential Interim Regulatmns, was adopted by C~ty Councd on March 2nd, 2000 This ordinance contmns standards wtth which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted Ordinance 2000-069 also contains a separate section that allows apphcants to request rehef from the ~ntenm regulations, ~ncludlng evaluation criteria to be used by Council 5 Relief reouests a The apphcant may petttton the C~ty Cotmcd for rehef from these ~ntertm development regulattons by requesting such rehef in writing The request for rehef shall be considered by the Caty Councd m conjunctaon w~th action on the project plan and development apphcatton b The C~ty Cotmcd shall not reheve the apphcant from the reqmrements of thas orthnance, unless the apphcant first presents credable evidence from which the C~ty Cotmml can reasonably conclude that the tmposatton of the nonresadentml development standards deprives the apphcant of a vested property right or deprives the apphcant of the econonucally viable use of has land c In dectdmg whether to grant rehef to the apphcant, the C~ty Councd shall take into consaderatmn the following (1) whether granting rehef from the nonres~dentml standards contained ~n these ~ntenm development regulations, m the absence of permanent rews~ons to the City's Land Development Code that amplement the prowslons of the comprehensave plan jeoparthzes the Caty's best interests ~n preventing such effects, (2) the smtabthty of the proposed nonres~dentml uses in light of land uses allowed ~n the zoning d~stncts on property adjacent to the proposed s~te, (3) the unpact of the proposed nonresadennal use on the transportation and other pubhc factht~es systems affected by the development, (4) the measures proposed to be taken by the apphcant to prevent negative tmpacts of the proposed use on the surrounding properties, (5) the hkelthood that sufficaent rehef wall be prowded to the apphcant following adoption of the Caty's Development Code, (6) the total expanchtures made m connection with the proposed nonresidential development tn rehance on prior regulattons, including the costs of installing infrastructure to serve the project, (7) any fees reasonably paid m connection with the proposed use, and (8) any representatmns made by the City concerning the project and reasonably relied upon to the detriment of the apphcant d The City Council may take the following actions (1) deny the rehef request, (2) grant the rehef request, or (3) grant the relief request subject to conditions consistent with the criteria set forth m th~s 6 Minimum relief Any relief granted by the Clty Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right OPTIONS Council may eather 1 Deny the request for rehef, or 2 Grant the request for rehef, or 3 Grant the request for rebel, subject to condmons consistent with the evaluation criteria set forth an the ordanance (and referenced above) RECOMMENDATION Staff recommends that the demsaon of whether or not to grant the requests for relief should be based on the merits of each lndavldual appheatlon ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments PRIOR ACTION/REVIEW One petlnon was reviewed on February 20, 2001 1 Socml Security office - approved One petition was rewewed on October 17, 2000 1 Peterbmlt parkang lot - approved One pentlon was revaewed on September 15, 2000 1 Bonnie Brae Medacal Office - approved One petltaon was reviewed on June 6, 2000 1 CBS Mechanmal - approved 2 One petition was reviewed on May 2, 2000 1 Momson Mflhng- approved Two petitions were rewewed on April 18, 2000 1 1013 Shady Oaks - approved 2 Vtctona Square Phase II - approved Three petitions were rewewed on April 4, 2000 1 Wildwood Inn - approved 2 Cellular One - approved 3 Payne self-storage - demed Three petitions were mwewed on March 21, 2000 1 1508 N Elm (Z-99-083) - approved 2 1513 N Locust (Z-99-084) - approved 3 RNW Addition (Z-00-003) - approved In addition, an additional 18 staff lnltmted petitions were granted relief on March 21, 2000 One petition was rewewed on March 2, 2000 1 Kemst~ne property- approved w~th conditions FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources Several of the petitions clmm financml harm, an issue that may be evaluated by Counml ATTACHMENTS 1 Staff report Respectfully submitted Douglas S Powell, AICP Director of Planmng and Development 3 ATTACHMENT 1 WAIV ER REQUEST STAFF REPORT Sublect 1808 N Elm Street Case Number RN-01-0002 Staff Doug Powell BACKGROUND' Request Relief from the Non-Res~denbal Interim Regulabons (Ordinance No 00-069) to proceed use the property for e~ther residential or retail uses Location 1808 N Elm Street (see Enclosure 1) Zoning $F-7 Acreage 22 acres Platbng The property ~s platted Comp Plan Consistency The Comprehensive Plan ~denbfles this property to be w~th~n the "Downtown University Core" D~str~ct CONCLUSION' Additional Approvals Without Rehef With Rel,ef Zomng Plan Not Required Not Required Project Plan Not Required Not Required Design Plan Not Requ,red Preliminary Plat Completed Completed F~nal Plat Completed Completed Building Permits Completed Completed ENCLOSURES* 1 Zoning Map 2 Apphcat~on 4 NORTH 1808 N Elm .... UNIVERSITY L -- -- -- LOCATION MAP Scale None INTERIM ORDINANCE RELIEF APPLICATION FORM Date APPLICATION FOB. RELIEF FROM. Non-Residential Interim Ordinance Project Name 1808 Nolth Elm Project Address (Locauon) 1808 Noxth Elm Extstmg Use Office P~oposed Use Res~denual Exsstmg Comprehensive Plan Des~gnauon Ex~stmg Zorung GR. Proposed Zorung PD Gross Acres SEE ATTACHED RELIEF PROCEDURES APPLICANT INFORMATION Apphcant Oty of Denton Company Address 221 North Elm Tel 940-349 8350 Fax 940-349-7707 Caty Denton State TX ZIP 76201 Emafl ProperW Owner Clark Lmdholm Company Addn~ss Tel Fax O~ State ZIP Emafl Contact Catyof Denton Company' Address 221 North Elm Tel 940-349 8350 Fax 940.349 7707 Cat7' Denton StateTX ZIP 76201 Ernafl SIGNATURE OF PROPERTY OWNER OR AP,,PLICANT For Departmental Use Only CaseNo ~ (Lener .~ authorization r~qu~red ff s~g ,r'n)m p~p ~ ~ Case Manager. ~ Tot~Fee(s) Subscnbed ~nd sworn before me this Receipt No dayof 20 Date Subrmtted Accepted By Notary Pubhc ro~, q,,~. ?/2~ APPLICATION DEADLINE IS 6 f AT 10 00 AM AGENDA INFORMATION SHEET AGENDA DATE April 3, 2001 DEPARTMENT Electric Admininstratlon ACM' Howard Martin, ACM/Utlhtles 349-8232 SUBJECT Consider approval of DME's strategy to continue to monitor market rules before entering into electric competRlon. BACKGROUND In June 1999, Senate Bill 7 (SBT) was signed into law SB7 opened the door for the deregltlatlon of the retml electric market in Texas Only Texas' ~nvestor-owned utdltles, Including American Electric Power (including Central Power & Light, Southwestern Electnc Power Company and West Texas Utilities), Enter~ y, Texas New Mexico Power, Reliant Energy, TXU Electric, TXU SESCO, and Southwc stem Public Service Company are reqmred to provide their customers w~th the option to ¢hoose the company that wall sell them electrical energy at retml The transmission and hstnbutlon, or actual dehve~ of the energy purchased, will not change The same local e[ectnc "w~res" company will deliver the energy over the same poles and wires used tod-~ , and the costs associated with that delivery will continue to be a part of the customer's b~ To open the market, SB7 dmtated that a pilot program wol . commence on June 1, 2001 w~th 5% of an investor owned utlhtles residential and smal commercial customers being allowed to choose alternate energy providers Full compel ion would beg~n on January 1, 2002 Within SB7 were several provisions protecting the mteresl ofmummpahttes and cooperatives operating wlttun the state The most maporta ~t of these is the abdlty to remain out of the competitive market untd there is proof tl .at such a decision wall save consumers money and not result m unreliable service DIX[E Staffhas several key concerns about the impact munedlately opting tntoa dere ulated marketplace may have on the citizens of Denton These are outhned below Protocols To enable the deregulated market, a stakeholder process x as started to develop the roles by which the new market would operate These roles hav, ~ become known as the protocols The protocols deal with not only the wholesale market, but the retml market as well The stakeholders, all market participants wlthm ERCOT, included munlcipaht~es, cooperatives, investor owned utthtles, power marketers, independent power producers, and consumer groups The result of this yearlong effort, the initial draft of protocols, was filed with the Public Utility Commission of Texas (PUCT) on July 31, 2000 A stakeholder review of the protocols between August and November 2000 resulted in 110 changes to the initial August draft A supplemental filing, with all changes, was submitted to the PUCT on November 1, 2000 The importance of the &fferences between protocol versions lies in the fact that software development for ERCOT to handle all energy transactions (data collection, aggregatmn, settlement) wlttnn the new market place is being done based upon the August 2000 protocol filing This was necessary to meet the June 1, 2001 timeline for the pilot program The 110 differences will not be contmned in the software but will be phased in over time Some of the major outstanding concerns that may impact the cost of electricity for Denton consumers include settlement for inter-zonal and lntra-zonal congestmn management, the use of incremental and decremental regulation bids within congesUon zones, and out of order merit calls affecting generation capacity limits imposed by TNRCC SIP reqmrements The final rules for these issues are being developed but they will not be completely settled before market open on January 1, 2002 Several features of the protocols have been questioned by PUCT advisors, mainly in regards to a generators ability to artfficlally inflate energy prices In one scenario, a power generator may, during peak loading times, offer a bulk of its capacity at a competitive price, $30 to $50 per megawatt hour The remmmng pomon of capacity would be offered on the spot market at the capped cost of $1,000 per megawatt hour Dunng normal system operations, ERCOT would not call upon the h~gher priced capacity However, dunng power shortages, ERCOT may be forced to call upon all avmlable capacity, even that priced at $1,000 per megawatt hour The highest priced called capacity dictates the price of all transactaons in the spot market dunng that interval This means all capacity ~s settled at $1,000 per megawatt hour, even those who bid in the $30-50 range The result is a price spike that would be passed on to consumers The potential to inflate prices may tempt generators to curtail generation m an attempt to create artificial shortages Although the stakeholders have tried to implement the best features of exxsUng deregulated markets, the protocols as drafted are untested All the positives and negatives ~dentlfied by various parties exist only in theory They have not been put into operation It is expected that unforeseen issues will arise after the market opens January 1, 2002 that will have to be addressed through the stakeholder process 2 Timmg EPCOT is currently working closely with the investor owned utllmes, who are required by SB7 to provide customer choice, to ensure that all systems are m place by June 1, 2001 to accommodate the IOU's participation m the pilot program Discussions with ERCOT staff has indicated that ERCOT will not be able to complete system testing for the requ~ed lnter£aces be~c, veen DME and EPCOT for 8-12 months after a decision to enter eompetltmn has been made Additionally, modifications to the City's Hams billing system and required internal restructunng is expected to take approximately 12 to 18 months after demchng to offer competition The C1W's budgeting process must also be taken ~nto consideration By City Charter, the City's budget must be presented to City Council by July 31 Typically, the process starts m February with the Utlhty budget approval by the Public Utilities Board being completed in June for the upcoming fiscal year beginning October 1 Although Staff ~s prepmng for competition by mal~ng many low and no cost modifications to internal systems, there are several costly, up front capital expenditures which would have to be made Additional internal restructunng reqmnng long term planning will be reqmred The estnnates on the short and long terms costs are incomplete since the software systems and protocols governing market function are not finalized Sufficient lead-time would be needed to accurately calculate these costs and include them within the budget process Revenue for City Operations In 2000, Denton Municipal Electric transferred $5,632,879 to the General Fund, accounting for approximately 12% of the General Fund budget These payments included a return on investment (ROI) transfer of $2,628,677 and a franchise fee payment of $3~004,202 These ROI payments are made by all Utilities including Water and Wastewater The ROI payment is a payment m lieu of taxes for physical plant owned by DME Both ROI and franchise fees are calculated on a percentage of net rate revenues collected, ROI being 3 5% and the franchise fee, 4% City Charter states the ROI payments by the utilities are not to be more than 6% of the net book value of fixed assets The problem is that water and wastewater infrastructure is more costly than electrical famht~es Treatment plants, pump stations, hft stations and water/wastewater lines are extensive investments in physical plant By basing ROI payments on net book value of assets, a lugher burden would fall on Water and Wastewater thus increasing their payment obhgatlon Staff's concerns stem from the fact that a loss of electrical customers in an open market means a loss of revenue Consequently, a loss of revenue means less support for General Fund functions such as Planmng, Bmldang Inspections, Code Enforcement, Police and F~re The problem has been m detenmnmg the magmtude of revenue loss The d~fficulty m predmting the loss of electrical revenue stems from three factors First, what energy pnees will a competitive market bnng? Second, how many customers would choose a chfferent energy prowder? In states already deregulated, swttchovers have vaned from less than 2% of ehglble customers up to 15% The number of customers willing to switch has been d~mctly correlated to the potential dollar savings for energy F~nally, what market roles are we dealing w~th and what will be DME's long-term energy costs? Whatever the impact, there are three optmns for General Fund 1) do w~thout the dollars and possibly reduce services, 2) return to the ROI calculation based on net fixed assets which may reqmre an increase m Water and Wastewater rates, or 3) ~ncrease property taxes Finality of Decision SB7 put a mtmm~pallty's decision of when or if to elect for customer chmce in the hands of the City Council The key provision in this demslon ~s that "The demslon to partmapate ~n customer thorne by the adoption ora resoluUon ~s irrevocable" Qmte simply, once Denton ~s into competition, it cannot get out, even if the experiences in the competitive market sows the decision to opt ~n was a mistake Summary · Protocols not finahzed All market operatmn rules not known · Market roles are untested · ERCOT will not be ready to incorporate mumclpahtles until late 2002 · The financial ~mpact on the City and mtlzens is currently unknown · DME must know the specific market partmlpat~on reqmrements and ~ncorporate these ~nto the budget and long term plans · The demmon to offer choice ~s ~rrevocable ESTIMATED SCHEDULE OF PROJECT Prepanng for deregulation is an ongoing project OPTIONS Opt mto competition on January 1, 2002 or remmn out of the competitive market RECOMMENDATION Staff recommends that the Council adopt a "wait and see" attitude about deregulation at the current time There are a large number of uncertainties about the market and its operation, wbach may make prematurely entenng into competition costly for DME customers The dec~mon to offer ehmce can be made after a level of comfort ~s reached that the market rules will protect consumers from inflated prices and function as antmlpated A "want and see" approach does not preclude a future dec~slon to offer competition It is recommended that the issue be rewslted in December of 2002, after the market has operated through periods of low energy and high energy demands and stakeholders have Identified and corrected and market operational issues FISCAL INFORMATION The final fiscal mapacts to the City are not known at this t~me Several market roles are outstanding wtuch could dramatically impact the costs to the mtlzens of Denton Additional Information Senate Bill 7, authorizing retml electric deregulation can be found at http//www capitol state tx us/ega- bm/tl0/textframe emdgLEG=76&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFF IX=00007&VERSION=S&TYPE=B The protocols, as filed with the PUC, can be found at http//www emot com/tac/retmhsoadhoccomm~ttee/protocols/keydocs/draftemotprotocols btm The ERCOT Market Guide, found at http//www texaschomeprogmm corn/, provides a s~mphfied explanation of how the Protocols will be implemented starting June 1, 2001 Addition materials on the mqmrements for market participants can be found here as well, including data exchange standards, metenng requirements, sample settlement statements and data conversion standards The various mlemaklng projects, PUCT reports and mformat~on on the status of deregulation can be found at http//www puc state tx us/electric/ http//www powertochoose org/~s a PUCT sponsored s~te prowdmg general ~nformat~on on electrical thorne Respectfully submitted Sharon Mays D~rector of Electric Ut~lmes Prepared by Glenn Fisher, Asmstant D~rector Planmng and External Affairs AREA CALCULATIONS FOR A-01-0002(Blagg Road Annex.) Calculated By EAH Date Calculated 3/26101 A TOTAL AREA (S~te and 200' Not~ce Area) 3,406,757 s f B ' AREA OF SITE ONLY 2,027,934 s f C AREA WITHIN 200' NOTICE AREA (A - B) 1,378,823 s f 1 ' PROPERTIES IN OPPOSITION Location / Address Area* 5511 Blagg Road 21,099 s f 5521 Blagg Road 18,322 s f 5533 Blagg Road 19,019 s f 5555 Blagg Road 36,805 s f 5579 Blagg Road 25,961 s f 5610 Blagg Road (approx) 358,284 s f Total Area in Opposition 479,490 s f Area of property wlthln 200' of subject property 2 PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 34 8% NOTICE OF PUBLIC HEARING A-01-0002 The City Council of'the C~ty of Denton w~ll hold the first of two public heatings on Tuesday, April 3, 2001, to consider annexing apprommately 46 acres ~nto the corporate c~ty hmlts of the C~ty of Denton, Texas The property ,s located in east Denton, south of Blagg Road, approximately 1000 feet west of Lakeview Boulevard as shown on the backside of this not~ce Enclosed for your Information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commlsmon will hold separate pub/lc hearings, on the same property, on Wednesday, April fl, 2001, to conmder making a recommendation to C~ty Council regarding the proposed annexation and zoning the unzoned property to Agriculture (A) zoning district, changing to Neighborhood Centers (NCR-6 and NCMU-12) upon adoption of the new Development Cede The public heanngs w~ll start at 6 00 p m ~n the City Council Chambers of City Hall located at 215 E McKlnney Street, Denton, Texas Because you own property within the annexation area or within 200' of the subject property, the City Council would hke to hear how you feel about this annexahon and zoning request and mwtes you to attend the pub/lc heanngs Public hearings are des!gnod to provide opportunities for citizen evolvement and comment Please, In order for your opinion to be taken into account, return th~s form with your comments pnor to the date of the pubhc hearlng (This in no way prohlbrts you from attendmg and parhclpatlng In the public hearing ) You may fax It to th~ number located at the bottom, emi ~t to the address below, or drop it off In-person Planning and Development Department 221 N Elm St Denton, Texas 76201 At'tn Beth Hudson, Plannerl Please circle one d~avor request~ to request Opposed request of Neutral to Comments: We favor the zoning request with the following conditions. Contractor to be limited to 3 houses per acre No trees to be removed on the frontage property due to road expansion or other work on Blagg Road Residents on Blagg Road would have affordable or free access to w~er/~-e'wer Stgnature ~:~ ,~, ,.~Zk. Jro-~ '>-----"1[ · DougOGiles__ ~____~[I/~ Printed Name Mailing Address 5511 Blagg Road {~[]~ c,ty, State Z,p Denton TX ,620 Telephone Number 940-383-7434 (Business) i~k. Physical Address of Property w~th~n 200 feet 5511 Blagg Road I ~ ClTY OF DENTON, TEXAS CITY HALL WEST o DENTON, TEXAS 76201 · 9403498350 · (F)9403-497707 83/23/2081 14 44 94008245~0 ~FE $¥$T£NS IHO PAGE~ 01 _ NOT CE OF PUBL]:C HEAR]:N6 A-01-1)002 The City Council of the City of Denton will hold the first of two public hearings on Tuesday, April 3, 2001. to consider annexing approximately 46 acres Into the corporate c,ty hm;ts of the C;ty of Denton, Texas The p~oper~y Is located In east Denton. south of Blegg Road, approximately 1000 feet west of Lakeview Boulevard as shown on the backside of thls not,ce Enclosed for your Information Is the annexation and zone change request schedule, whmh notes all the required meetings The Planning and Zoning Commission will hold separate public heanngs, on the same property, on Wednesday, April 11, 2001, to consider making a recommendation to City Council regarding the proposed annexation end zoning the unzoned property to Agriculture (Al zoning distrlc~ changing to Neighborhood Centers (NCR-6 and NCMU-12) upon adoption of the new Development Code The pubhc hearings will start at 6 00 p m In the City Councd Chambers of City Hall located at 215 E McKInney Stre~et, Denton. Texas Because you own property within the annexation area or within 200' of the subJec~lproperty, the Oily Council would hke to hear how you feel about this annexation and ,zen/n(7 reaues~ end invites you ~0 atgend the public hearings Public heanngs are designed to provide opportUnlbes for citizen Involvement and comment Please, m order for your opinion to be taken rote account, returl~ this form with your comments prior to the date of the public hearing (Th~s/_n no way prohibits you from attending and pa~clpat~ng m the public hearing ) You may fax It to the number located at the bottom, mall it to the address below, or drop it off m-person Planning and Development Department 221 N. Elm St Denton, Texas 78201 Attn- Beth Hudson, Planner I Please circle onS:~e~ In favor of request Neutral to request Pnnted Name' ~"~,'~.. / ~ Mail,ng Address" ~~ ~I~ Telephone Number ff~O. (~&~ Physl~l Address of Properly w~thin 200 f~t ~A~ ClTYH~LWE~T ·DENTON, TE~S 76201 * 940~g8350 - (F) 940 349 7707 03/23/2081 08 32 9403024610 ~FE S',~T[MS IHO PAGE 01 NO'IT. CE OF PUBITC HEARZN- A-01-0002 The City Council of the Cl~7 of Denton will hold the first of two public hsarlng~ on Tuesday, April 3, 2001. to consider annexing approximately 48 acres into the corporate cll7 limits of the City of Denton. Texas The property la located in east Denton. south of Blagg Road. approximately 1000 faa! west of Lakevlew Boulevard as shown on the backside of this not,ce Enclosed for your Information Is the annexstlon and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public heal~ngs, on the same properly, on Wednesday, April tl, 2001, to consider making a ~ecommendatlon to City Council regarding the proposed annexation and zoning the unzoned property to Agriculture (A) zoning dlstric~ changing to Neighborhood Centers (NCR.6 and NCMU-12) upon adoption ~f the new Development Code The public heanngs Mil start at 6 00 p m in the City Council Chambers of City Hell located at 215 E McKJnney Street, Denton, Texas Because you own prope~y within the annexation area or within 200' of the subject properly, the City Council would like to hear how you feel about this ~ ~ and Invites you to a~tend the public heanngs. Public hearings ere destined to provide opportunities for citizen Involvement and comment Please, in order for your oplnlon to be taken Into acoount, return this form w~h your comments prior to the date of the public heanng (This m no way prohibits you from attending and parifcipabng In the public heanng ) You may fax It to th~ number located et the bottom, mall it to the address below, or drop it off In-peraon Planning and Development Depal~nsnt 221 N. Elm St. Denton, Texas 76201 Attn, Beth Hudson, Planner I Please circle one. In favor of request Neutral to request .~ppo~d to. request.~ Comments: Telephone Number ~_ 5~_~ jO~, ~ Mar 19 01 12t36p ?248323010 p 2 NO'I" CE OF PUBL2:C HEAE3:NG A-Ot-O002 The City Council of the Ci~/of Denton wi'ti hold the first of two public hearlngs on Tuosday~ April 3, 20~1, to consider annexing approximately 46 acres into the corporate city limits of the C~ty of Denton. Texas The property Is located in east Denton, south of Blagg Road, approximately 1000 feet we~t of Lakevlew BoUlevet~ as shown on the backside of this notice Enclosed for your Information Is me annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same property, on Wedneeday, April fl, 200'/, to consider making e recommendation to City Council regarding tl~e proposed annexation end =onln~ fha unzoned property to Agriculture (Al zoning district, changing to Neighborhood Centers (NCR-6 and NCMU-f 2) upon adoption of the new Development Code The pubtlo hearings will start at 6 00 p~' In the City Council Chambers of CI[y Hall located at 215 E McKinney Street, Denton, Texas, Because you own property within the annexation area or w~thln 200' of the subject property, the Olty Council would like to hear how you feel about this ~ zor~lqp reouest and invites you to attend the public heanngs Public heanngs are designed to provide opportunities for clbzen Involvement and comment Please, In order for your opinion to be [aken into account, return this form with your comments prior [u lite date or tl~u public hearing (Th£s II) no way p~ohlbits you from attending and parU~tpeting in the public heating.) You may fax it to th~ number located at the bottom, mall it to the address below, or drop it off in-person Planning and Development Department 221 N. Elm St. Denton, Texas 76201 Attn Beth Hudson, Planner I Please circle one. In favor of request Neutral tu request Comments: T~ephoneNumber 8ia' ~ ~5 Ph~lcal Address of empe~ within 200 faet ~.~,~~ '~ O~ON~ T~S c~Y H~WEST · DENTON, T~ 76201 · 940 ~g~0 · (F) NOTI:CE OF PUBL:]:¢ HEAR:]:N& , A.01-0002 The City council of the City of Denton will hold the flint of two nubile hearings on Tuesday, April 3, 2001. to consider annexing approximately 46 acres Into the corporate city limits of the City of Denton. Texas. The property is located in east Denton. south of Blegg Road, approximately 1000 feet west of Lakeview Boulevard as shown on the backside of this notice Enclosed for your Informatloh Is the annexation and zone change request schedule, whlch notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the serge property, on Wednesday, April fi, 200~1, to consider making s reoommeedstlon to CI~y Council regarding fha proposed annexation and zoning the unzoned preperty to Agriculture (A) zoning dlstrio~ changing to Neighborhoqd Centers (NCR-6 and NCMU.12) upon adoption of the new Development Code. The public hearings w, II start at 6 O0 p m, In the City Council Chambers of C~ty Hell located at 215 E McKInney Street. Denton. Texas Beoeuseyouownproperiywithlntheannexatlonereaorwlthln200' of tJ~e ~ubject property, the City Council would lilts to hear how you feel about this ~ ~md/nv~te, ~6i, to s~re, d-.e~/m.er~s. Pubt. le .hearings er?. o--~- ntUes fOr citizen involvement and comment Please. in oraer tot your opinion ~o ae token InTO account fotura ~is form with your comments prior to the date of the publJo heerl.ng (This tn no way prolt/b'~'~ you!froro atlending end participating in the .publ!¢ h.e..anng ) You may Tax Jt to th~ number located at the bottom, m-Il It to the address below, or amp ~ o~ in-person Planning and Development Department 221 N. Elm St. Denton, Tex~s 75201 A~tn: B~h Hudson, Planner I Please ¢ir©le one' In fa.vor of request Neutral to request ~.__ uppo.s, [o. r:ques2 ._. ,~., ,, j,-,- J I Telephone Num~n ~qO- ~q~- IO~ Phial ~ of Pmpe~ wlthln 200 ~e ~ ~8 ~ ~ .t N.ime FIRMANTY, DOROTHY C. a.t Il) # , 454-59-2685 UN I .% ! UDE% I AC( OU\ I [X,G AN D UN I% l, 1;.%1 SUMM %R~ OF 2000 $ I UDi. NT ,~.(' 1, ()UN Refel It, [ItS Publh..lllol! 971) fi)l (,Iff(Iai ce to Determine %~lll,)lllll~, LlJglble fi)l I e(lel al fax ( redll,, f, t,m Inh)t marion Pr, n ided Itl' f XlN ,X% DO( UM~ N ! X 1 ION FOR ! L% RE( ORD$ [I, F %% ( I~ DI 1% XltE ( I ~I%I~D ()h 2000 IR% [~tudent Account Actix~t) from la[marx 1, 2000 De..' , - .ember 31, 2000 ,l~n~eFomndhom 199o 0 00 %hol~r,htp, Stlpend~ 0 00 lumhon & M md itol) ~e, ~ttld. nt (,r mt, 3 , 587 . 00 M~d,~,,l %n ,c,, Fee 87 50 %,demlom, 11,165 61 In,tm~t,,md( -m,eF~e, 433 38 P,>,n, nt, b> idtl,ltlon Feeq 5 O0 0.00 ()thor Non tn,traction ~1 ( h,u~e~ 2,504.58 {due to ~l~,ht b ,I ~n~ In ,Ic~ollnt } 7 , 8 6 1 . 8 5 UNT F-2ntl3-WS ~ U $. Individual Income Tax Return i.~ For the year Jan 1-Dec 31 2000 or other tax year beginning 2000 end~ng 20 I OMB NO 1545 0074 La bel,r first Dame atlCl inlbal Las~.Zt~me Yo.r social security .umber on page t9 ) Use the IRS label Home address (number and street) IfyouhavsaPO box seepage19 Apt no / · Importantf · Otherwise ' ('~ i~ or ~ype your SSN(s) above Pres~denhal ~'-~/' Elech0n Csmpal§n ~, Note Checking Yes wdl not change your tax or reduce your refund You Spouse ~See page 19 I , Do you or your spouse ~f filing a joint return want $3 to go to th~s fund'~ ~ ~¥es ~ Ne -"~Yes ~ No 1 ~ Smgle FIIII3g Status2 Marned hhng joint return {even ~f only one had raceme) 3 I . Mamed hhng separate return Enter spouse s social secunty no above end tull name here · Check only 4 , ~/ Head of household (with quahiymg person) (See page 19 ) If the quahfy~ng person ~s a chdd but not your dependent one box~ enter th~s chdd's name here b, 5 Qualifying w~dow(er) w~th dependent chdd {year spouse d~ed · ) (See page 19 ) Exemptions 6a [~" Y°urself If y°ur parent (°r s°me°ne else)can claim Y°U as a dependent °n his °i her tax}returndo not check box 6a6aCheckedN° al hoxesaad 0hen b --~ Spouse No olyour c :~ependents (2) 0ependent s (3) Dependent $ I {4)~'~l q~ahyrg children on 6c see page 20 I [] (see page 20) [] Dependents on 6c I [] nol entered above __ ............ enlered on d Total number of exempuons clmmed hne$ above · Income 7 Wages salanes bps etc Attach Form(s) W 2IR=I 7 ~ ( r~__.~__._ 8a Taxable interest Attach Schedule B if required Attach b Tax exempt interest Do not ~nclude+on Ime 8a I 8b I / Forms W 2 and 9 Ordinary dividends Attach Schedule B ~f required AIsoW 2Gattachhere 10 Taxable refunds credits or offsets of state and local raceme taxes (see page 22) 1111 Form(s) 1099 R 11 Ahmony receivedIi111 ~f tax was 12 Bus~ness income or (loss) Attach Schedule C or C EZ 12 w~thheld 13 Capital gmn or (loss) Attach Schedule D ~f required If not required check here !~ [] 13 14 Other gmns or (losses) Attach Form 4797 14 If you chd not 15a Total IRA d~stnbubons 15a b Taxable amount {see page 23) b get a ~V 2 16a Total pensions and a.nu~es 16a b Taxable amount (see page 23) [16b see page 21 17 Rental real estate royalties partnerships S corporaUons trusts etc Attach Schedule E 11 11~ Enclose but do 18 Farm income or (loss) Attach Schedule F 18 not attach any 19 , Unemployment compensahon pa,ment Also I 20a i I I b Taxable amount (see page 25) please use 20a Soc~al security benefits Form 1040 V 21 Other ~ncome List type and amount (see page 25) I 21 22 AddtheamountsmthefarnghtcolumnforlinesTthrough21 mhms,s our total mcome · I 22 23 IRA deduction (see page 27) 23"'"'"~ Adjusted 24 Student loan Interest deduction (see page 27) 24~ Gross 25 Medical savings account deduchon Attach Form 8853 25 Income26 Mowng expenses Attach Form 3903 26 27 One half of self employment tax Attach Schedule SE 27 ~////./~ 28 , Self employed health insurance deduction (see page 29) 28~ 29 Self employed SEP SIMPLE and quahhed plans 29 30 Penalty on eady withdrawal of sawngs 30 31a Ahmony prod b Recipient s SSN · 31a 32 Add I~nes 23 through 31a 33 Subtract hne 32 from hne 22 Th,s ,s your ad)u, sted gross ,ncome · ~/ ~,,'~ .~ I For Dmclosure. Privacy Act, end Paperwork Reduction Act Notice, see page 56 Cat No 12599G Form 1040 (20001 Page 2 34 Amount from hne 33 (adjusted gross Income) 35a Check if [] You were 65 or older [] Bhnd [] Spouse was 65 or older [] Bhnd Add the number of boxes checked above and enter the total here ~ 35a b If you are marned flhng separately and your spouse Rem~zes deducbons or you were a. dual-status ahen see page 31 and check here · 35b [] 36 Enter your itemized deductions from Schedule A, hne 28 or standard deduction shown on the left Rut see page 31 to find your standard deducbon d you checked any box on line 35a or 35b or ~f someone can clmm you as a dependent 37 Subtract I~ne 36 from line 34 38 if hne 34 is $96 700 or less, multiply $2,800 by the total number of exemptions claimed on hne 6d If line 34 ~s over $96 700 see the worksheet on page 32 for the amount to enter 39 Taxable income Subtract hne 38 from hne 37 If hne 38 ~s more than hne 37 enter 0 40 Tax {see page 32} Check ii any tax ,s from a [] Form(s) 8814 b [] Form 4972 41 Alternahve minimum tax Attach Form 6251 42 Add lines 40 and 41 43 Foreign tax credit Attach Form 1116 ~f required 43 44 Credit for child and dependent care expenses Attach Form 2441 44 45 Credit for the elderly or the disabled Attach Schedule R 45 46 Educabon credits A,tach Form 8863 46 47 Child tax credit (see page 36) 47 48 Adophon credit Attach Form 8839 48 49 Other Check if from a [] Form 3800 b [] Form 8396 c ~] Form 8801 d [] Form (specify) 49 50 Add hnes 43 through 49 These are your total credits 51 Subtract hne 50 from I~ne 42 If I~ne 50 Is more than hne 42 enter 0- · _(~ 52 self employment tax Attach Schedule SE 53 Social secunty and Medicare tax on bp Income not repo~ed to employer Attach Form 4137 54 Tax on IRAS other rebrement plans and MSAs Attach Form 5329 if required 55 Advance earned ~ncome cred*t payments from Form(s) W 2 56 Household employment taxes Attach Schedule H 57 Add hnes 51 through 56 Th~s ~s your total tax 58 Federal ,ncome tax wtthheld from Forms W 2 and 1099 58 ~ ~ ~ J 59 2000 esbmated tax payments and amount apphed from 1999 return 59 60a Earned income credd (EIC) 60a b Nont~abts earned ~nccme amount Il. J J J 61 Excess social security and RRTA tax w~thheld (see page 50) 61 62 Add~bonal chdd tax credit Attach Form 8812 62 63 Amount paid with request for extension to file (see page 50) 63 64 Other payments Checklf from a [] Form 2439 b[~] Form4136 64 65 Add hnes 58 59 60a and 61 through 64 These are your total payments · 66 If hne 65 [s more than hne 57 subtract hne 57 from Ime 65 Th~s ~s the amount you overpmd 67a Amount of hne 66 you want refunded to you ~. b Routlngnumber I J J J I I I I I I I~.cTyper-q Checking [] Savings I~ d Acoountnumbsr I I I I I I I I I J I I I J J J I I 68 Amount 0f Ime 60 you want spplied lo your 2001 estimated tax · J 68 J 69 if line 57 Is more than hne 85 subtract line 65 from hne 57 This Is the amount you owe For deJmls on how to pay see page 51 · 70 Estimated tax penalty Aisc ~nclude on line 69 J 70 s~gnatufeF (. C self employed [] yours ,i se~l e~p,oyeo~ ./RECEIPT FOR YOUR CLAIM FOR SUPPLEMENTAL SECURITY INCOME RECEIPT DATE February 16, 2001 ANDA PIORO FIRMANTY 636-48-2166 eneral information about Social Security, visat our web s go he Internet ou may vasit or write to the Social Security Office at OCIAL SECURITY ,LDG 2 1ST FLR 0600 STEPPINGTON DR )ALLAS TX 75230 Ie wall process your application for Supplemental Securaty Income as quickly as ~Osslble If you have trouble getting any lnformatlon or records we have asked or, please contact us and we will help you , ou should hear from us wlthln days after you have given us all the nformataon we requested Some claims may take longer if we need more nformat~on If you do not get a check or a notace by then, please get in touch tath us REPORTING RESPONSIBILITIES "he amount of a Supplemental Securaty Income check is based on the lnformataon old to us You must tell Socaal Security every time there is a change--whlle ~e process your applacation AND if you start rece~vang Supplemental Security ncome ~emember, a change may make the SSI monthly payment bagger or smaller Report :hanges in income of your ~nel~gable husband/wife who lives with you, or your ~ponsor or sponsor's spouse if you are an alaen You must also report changes ~n things of value that these people own Report changes an income, school ~ttendance and marital status of ineligible children who live with you {ou must tell us about any change within 10 days after the month at happens If {ou do not report changes, we may have to take as much as $25, $50, or $100 out Df future checks COW TO REPORT YOU can make your reports by telephone at the telephone number shown above or you may report an person or by maal at the address shown Always give the Socaal Securaty number when writing or telephoning us If you have any questaons, we w~ll be glad to help you See "Changes to Report " KEEP THIS PAGE FOR YOUR RECORDS WANDA PIORO FIRMANTY 9168 CHURCH DALLAS, TX 75231 ,chool Name ~.,..~.,._.~ ,-. ,..~ ,-..~ (,, c~. ~ ~, ,-~\.~ '~ ~ ~p et,o~y t~me m~sed must ~e made u~ STUDENTINFOR~IaTION- PRINT LEGIBL~ -OnE LETTER PER BLOCK ~dcn[ Address ' ' ' 4.,l~ld ~,.kdd,4,k,I I t I I I I I I I ! I I ,~..~o~.~,o. LI I I I I I I I I I I I I I I I I I I I I I I I'1 I I I I HIS SECTION FOR ~STRUCTOR USE ONLY co~,s. Cost s Date