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HomeMy WebLinkAboutJuly 17, 2001 Agenda con't. AGENDA INFORMATION SHEET Ii ~ _ ___~/~(~/t~) / AGENDA DATE: July 17, 2001 Questions concerning this acqms~t~on may be chrected DEPARTMENT: Materials Management to Cary Tower 349-8424 ACM: Kathy DuBose, F~scal and Municipal Services ~ SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of gasohne and diesel fuel, providing for the expenditure of funds therefore, and providing an effective date (Bid 2684 - Gasohne and Diesel Fuel in the estimated amount of $1,200,000) BID INFORMATION: This bid is for the annual contract to supply the City of Denton with gasoline and diesel fuel Fuel is dehvered to the Service Center in 8000-gallon tanker loads and to remote sites or jobslte in smaller quantities The bid is awarded based upon the mark-up charged by the supplier The actual price of fuel will vary depending upon the DFW Oil Price Information Services Index (DFW O?IS) posted at the terminal the day fuel is picked up The actual price will be the DFW OPIS dmly average fuel price for fuel in a non-attmnment area plus the markup amount RECOMMENDATION: We recommend th~s annual contract be awarded to the lowest bidder for each item Price Above Item Dascnptlon Supplier DFW OPIS 1 Unleaded Gasoline Clarksvflle Oil & Gas $ 0096 2 Diesel Fuel Clarksvflle Oil & Gas $ 0106 3 Unleaded Gasoline Martin Eagle Oil $ 0360 Annual esttmated total cost at today's price is approximately $1,200,000 PRINCIPAL PLACE OF BUSINESS: Clarkswlle Oil & Gas Martan Eagle Oil Rowlett, TX Denton, TX ESTIMATED SCHEDULE OF PROJECT' Tanker loads of fuel can be delivered within a 24-hour notice Smaller quantities can be delivered within the same ume penod Agenda Informataon Sheet July 17, 2001 Page 2 FISCAL INFORMATION: Fuel ~s purchased from Motor Pool WorYang Capital accounts (730-025-0583-8705 Gasohne and 730-025-0583-8701 D~esel) and recharged to the using department Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Sample DFW OPIS Report 1S89 Agenda 2 ATTACHMENT 1 TABULTION SHEET BID 2684 Date 6/19/01 GASOLINE AND DIESEL FUEL ~1~O~ Qb/ I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR ,I , ¥ I,, ,~,, REEDER CLARKSVILLE MARTIN MANSFIELD Gl ~,tl,11%, , ,, ~' ~'~ i I ~ KELSOE OIL I IIH I',: {[l]I I ~'" ~l~l~'l I DISTRIBUTORS Oil & GAS EAGLE OIL COMPANY Pnnc~ple Place,of Business DENTON, TX FT WORTH, TX ROWLETT, TX DENTON, TX GAINESVILLE, G ANNUAl. AGREEMENT FOR THE EST PURCHASE OF UNLEADED 300,000 GASOLINE MUST MEET GA REQUIREMENTS FOR NON- 1 ATTAINMENT AREA DFW O P I S AVERAGE NET PRICE WITH 8UPERFUND 1 0320 1 0549 1 0411 1 0377 1 0107 INCLUDED SELLING PRICE PER GALLON 1 058 I 0689 1 0507 1 0497 1 0273 EST ANNUAL AGREEMENT FOR THE PURCHASE OF ~2 DIESEL 850,000 MUST MEET REQUIREMENTS GA FOR NON ATTAINMENT AREA 2 DFW O P I S AVERAGE NET PRICE WITH SUPERFUND 9959 9962 1 0050 9914 1 0183 INCLUDED SELLING PRICE PER GALLON I 0249 1 0152 1 0156 1 0034 1 0444 EST UNLEADED GASOLINE DELIVERED IN LESS THAN 200~ 1 0990 1 1389 NO BID 1 0377 NO BID 10,000 GA 13ALLONS - O P I S 3 $30 PUMP CHARGE IF ADI~ITIONAL CHARGES THEY HAVE TO PUMP 3 ATTACHMENT ~ Oil Price Information Service OPIS RackFax OPIS Raci(F~pu~hed~ally~UCG 11300 Ro~ks/llle P~e Su~ 11~ Roc~vil~ MD~$62~0~ ReDrodu~on seOPIG CLERR GROSS G~SOLIN£ PRICESee 7 8 RVP Exgon L-10 99 S5u - 2 10 lOq 65 - § SO 111 65 - 4 O0 06/12 F/no s /-10 98 [5b ! 10 102 90 I LO 108 90 t 10 06/09 Pr£~e ~ N-lO g800u 2 50 .... 107 O0 2 50 06/02 HIGH LOS O0 109 65 [15 O0 UHSRND AVG 99 10 109 65 108 63 Re~u~or Rveroge -- -- -- OALLAS HE~RO, TX 2001-08-1E LO 05 51 EOT · eOPZ5 RFS HTB£ GROSS PRIC£See 7 E RVP Terms Un1 Hove Ml~ Hove Pre Un1 Rove Oate Citgo s 1-10 109 15~ - 50 108 IS 50 113 65 50 06/08 Conoco 1-/0 109 20b - 50 .... ~19 70 50 06/1~ Koc~ N-LO [02 75u - 75 107 20 75 115 75 75 0§/12 Mobil 1-10 103 98b - I 30 107 68 - I 30 113 98 - t 30 06/12 h~llipo N-IS 106 OOu- E O0 11~ 50 - 2 O0 122 O0 - 2 O0 06/07 Shamrock 1-10 lOq 50b I O0 108 O0 I O0 119 O0 t O0 0S/12 She~l ~ i-lO 109 05b 70 109 25 70 115 15 70 08/[2 UNBRNO RVG [05 q9 110 38 118 17 Ro~ular Average -- -- -- ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF GASOLINE AND DIF~SEL FUEL, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2684 - GASOLINE AND DIESEL FUEL IN THE ESTIMATED AMOUNT OF $1,200,000) WI-IEREAS, the Cxty has sohcned, received and tabulated compeUUve bids for the purchase of necessary materials, eqmpment, supphos or services m accordance w, th the procedures of STATE law and City orchnances, and WHEREAS, the City Manager or a designated employee has rewewed and recommended that the herein described bids are the lowest responsthle bids for the materials, eqmpment, supphes or services as shown in the "B,d Proposals" submitted therefore, and WHEREAS, the City Counc,1 has provided in the City Budget for the appropnauon of funds to be used for the purchase of the materials, eqmpment, supplies or semces approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered :terns m the following numbered bids for materials, eqmpment, supplies, or services, shown m the "Bid Proposals" on file ~n the office of the C~ty Purchas;ng Agent, are hereby accepted and approved as being the lowest responsible b~ds for such Items BID ITEM PRICE ABOVE NUMBER NO VENDOR DFW OPIS AMOUNT 2684 1 Clarkswlle Oil & Gas $ 0096 2684 2 Clarkswlle Od & Gas $ 0106 2684 3 Martin Eagle Od $ 0360 SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the C~ty accepts the offer of the persons subrmtt~ng the bids for such items and agrees to purchase the matenals, eqmpment, supphes or services m accordance with the terms, specfficaUons, standards, quanutaes and for the specified sums contained in the B~d InwtaUons, Bid Proposals, and related documents SECTION 3 That should the City and persons subnnmng approved and accepted ~tems and of the subrmtted b~ds w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarchng of the b~ds, the C~ty Manager or his designated representative ~s hereby authorized to execute the wntten contract whmh shall be attached hereto, provided that the wntten contract ~s in accordance w~th the terms, conchUons, spec~flcauons, standards, quanuues and specified sums contmned in the B~d Proposal and related documents here~n approved and accepted 5 SECTION 4 That by the acceptance and approval of the above numbered items of the subrmtted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and m accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That this orthnance shall become effective lmmedmtely upon 1ts passage and approval PASSED AND APPROVED th~s day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2684 SUPPLY ORDINANCE- 7-2001 6 AGENDA INFORMATION SHEET AGENDA DATE July 17, 2001 DEPARTMENT Legal Department CM/DCM/ACM Ed Snyder, Deputy City Attorney SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 2001-210 AUTHORIZING THE PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND CITY OF DENTON, TEXAS V TEXMORGAN MARTIN, CAUSE NO ED-2000-01211 iN AN AMOUNT NOT TO EXCEED $39,990 BACKGROUND: On June 6, 2000, the City Council passed Ordinance No 2000-195 authorizing the City to acquire the subject property and to institute condemnation proceedings if necessary A Statement in Condemnation was filed with the Probate Court on October 17, 2000 The Special Commissioners' heanng in this matter was held on May 11, 2001, and resulted in an award of $39,990 On June 5, 2001, the City Council passed Ordinance No 2001-210 authorizing payment of the award m an mount of $39,900 That ordinance contmned a typographical error, and the amount authorized should have been $39,990 OPTIONS: Pay Award of Special Commissioners into the Registry of the Probate Court and proceed with expansion ofU S H~ghway 77 wldemng project RECOMMENDATION The Legal Department recommends the City pay the award of the Special Commissioners ~nto the Registry of the Probate Court PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 6, 2000, by Ordinance No 2000-195, the City Council found that a public necessity existed and that pubhc welfare and convemence required the acqms~tlon of real property title and interests for the subject property On June 5, 2001, the City Council passed Ordinance No 2001-210 authorizing payment of the award in an amount of $39,900 That ordinance contamed a typographical error, and the amount authorized should have been $39,990 FISCAL INFORMATION. $39,990 00 Respectfull~sub~,~/ EDde~unt~d~;~ ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO 2001-210 AUTHORIZING THE PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS iNTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND CITY OF DENTON, TEXAS V TEX MORGAN MARTIN, CAUSE NO ED-2000-01211 AND IN AN AMOUNT NOT TO EXCEED $39,990, AND DECLARING AN EFFECTIVE DATE WHEREAS, Ordinance No 2001-210 contmned a typographical error which anthonzed the payment of the Award of Special Commissioners mto the registry of the Probate Court in an mount not to exceed $39,900, when the amount of the Award was $39,990, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Or&nance No 2001-210 is hereby amended to authorize payment of the Award of Special Commissioners m condenmat~on proceeding styled The State of Texas and the C~ty of Denton, Texas v Tex Morgan Martin, Cause No ED-2000-01211 pending m the Probate Court of Denton County, Texas in the amount of $39,990 into the Registry of the Court SECTION 2 That th~s ordmance shall become effective immediately upon its passage and approval PASSED AND APPROVED thx$ the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AGENDA INFORMATION SHEET AGENDA DATE July 17, 2001 DEPARTMENT Legal Department CM/DCM/ACM Ed Snyder, Deputy City Attorney SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COUI~T IN CONDEMNATION PROCEEDING STYLED THE ST.4TE OF TEX~4$ AND CITY OF DENTON, TEX.4S V KOSHROY~ S.4DEGHL~N, CAUSE NO ED-2001-00356 BACKGROUND: On October 17, 2000, the City Council passed Ordinance No 2000-403, authorizing the City to acquire the subject property and to institute condemnation proceedings if necessary A Statement m Condemnation was filed with the Probate Court on March 26, 2001 The Special Commissioners' heanng in this matter was held on June 28, 2001, and resulted in an award of $79,000 OPTIONS: Pay Award of Special Commissioners into the Registry or' the Probate Court and proceed with expansion ofU S Highway 77 widening project RECOMMENDATION' The Legal Department recommends the City pay the award of the Special Commissioners into the Registry of the Probate Court PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 17, 2000, by Ordinance No 2000-403, the City Council found that a public necessity existed and that public welfare and convenience required the acquisition of real property title and interests for the subject property FISCAL INFORMATION. $79,000 00 Deputy Cx~ttorney ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND CITY OF DENTON, TEXAS V KOSHROW SADEGHIAN, CAUSE NO ED-2001-00356, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Award of Specml Commlss, oners, attached hereto as Exl~b~t "A", in condemnation proceerhng styled The State of Texas and the Ctty of Denton, Texas v Koshrow Sadeghtan, Cause No ED-2001-00356 pending m the Probate Court of Denton County, Texas ~n the amount of Award ~s hereby authorized to be prod ~nto the Registry of the Probate Court SECTION 2 That th~s ordinance shall become effective ~mmed~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~FORIVl BY -T~/~ CAUSE NO ED-2001-00356 0'~ e~-'l~"oe~ THE STATE OF TEXAS and ~ CO~E~ATION PRO~ e~%~ CITY OF DENTON, TEXAS ~ FILED '~'~I~BELL Plmnt~ffs ~ ~ ~~o~u~ v ] ~ THE PROBATE KOSHROW S~EGHIAN, ~ Defender ~ OF DENTON CO~TY, TEXAS AWA~ OF SPECIAL COMMISSIONERS On the 28th day of June, 2001, ~n the C~ty of Denton, Denton County, Texas, the above styled proceedings m eminent dommn came on to be heard before the undersigned, t~ee (3) dm~nterested ffeebolders of Denton County, Texas, heretofore appointed as Spemal Commms~oners, by the Judge of the Probate Coug of Denton County, Texas to ~sess damages caused by these proceedings, ~d cme the Pet~tmners, the State of Texas and the C~W of Denton, Texas, a home-role mumc~pal co¢orat~on, s~mated m Denton County, Texas Also cme Defend~t as herema~er mentmned, ~d all pames hawng amounced ready, the Co~ss~oners proceeded to he~ ewdence md ~guments of ~e pames, ~d made the following findings I That on the 26th day of M~ch, 2001, the C~ty of Denton~ Petitioner, filed ~ts Statement m Condemnatmn (the "Statement") In the Statement, Petltmner, upon the hcts and for the pu¢oses thereto stated, seeks judgment vesting ~n the State of Texas fee s~mple t~tle ~n ce~mn real prope~y as described below Satd real propegy ~s s~tuated w~thtn the co¢orate hm~ts of the C~ty of Denton, Denton County, Texas, ~d being more pa~mularly descnbed as follows BEING 0 574 ACRES OF LAND SITUATED IN A CALLED 1 237 ACRE TRACT, DESCRIBED 1N INSTRUMENT TO KOSHROW SADEGHIAN, AS RECORDED 1N COUNTY CLERK'S NUMBER RO-0057477, DEED RECORDS OF DENTON COUNTY, TEXAS ("DRDCT"), AND BEING SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 5/8-inch iron rod at the northeast comer of a called 0 529-acre tract of land, conveyed to Marie Elizabeth Sasso, recorded in Volume 2249, Page 600, DRDCT, and at the northwest comer of a tract of land conveyed to Kenneth L Davldson and wife, Helen L Damdson, recorded m Volume 584, Page 326, DRDCT, THENCE S 35° 42' 49" W, along the common property line of said Sasso and Davldson tracts, a distance of 154 48 feet to a set 5/8-tach iron rod with an aluminum cap on the new north right of way line ofU S 77, THENCE N 58° I 1' 36" W, along the new north right of way line ofU S 77, a distance of 84 48 feet to a set 5/Sqnch iron rod with an aluminum cap, THENCE N 24° 47' 31" W, along the new north right of way line ofU S 77, a distance of 21 16 feet to a set 5/8qnch iron rod with an aluminum cap on the line common to said Sasso tract and said Sadeghlan tract and the POINT OF BEGINNING, (1) THENCE S 35° 19' 44" W, along a line common to said Sadeghlan tract and said Sasso tract, a distance of 36 88 feet to a found ½-inch iron rod, same being a point on the existing north right of way line of U S 77, and on the south line of said Sadeghlan tract, (2) THENCE N 57° 56' 00" W, along the existing north right of way line of U S 77, a distance of 427 65 feet to a found ½-inch iron rod for the southwest comer of said Sadeghlan tract, same being a point on the existing north right of way line of U S 77, and near the centerhne of Riney Road, (3) THENCE S 88° 51' 44" E, along the north line of said Sadeghlan tract, a distance of 45 53 feet to a set PK nail with shiner said point being in the new north right of way line ofU S 77, (4) THENCE S 58° 11' 36" E, with the new north right of way line of U S 77, a distance 0['243 82 feet to a set 5/8-inch iron rod with an aluminum cap, (5) THENCE N 88° 24' 25" E, with the new north right of way line of U S 77, a distance of 50 83 feet to a set 5/8-tach iron rod with an aluminum cap at the beginning ora clmular curve to the left having a radius of 340 00 feet, (6) THENCE along said curve to the left with the new north right of way line of U S 77, through a central angle of 21° 14' 20", an arc distance of 126 03 feet, and having a chord winch bears N 14° 27' 20" E, a distance of 125 31 feet to a PK Award of Special Commissioners - Page 2 nail set on the north hne of said Sadeghlan tract, and near the center line of said road, (7) THENCE S 88° 51' 44" E, along the north line of said Sadeghian tract and the new north right of way line of U S 77, a dmtance of 80 07 feet to a set PK nall and being m a non-tangent circular curve to the nght having a radius of 420 00 feet, (8) THENCE with the new north right of way line of U S 77 and along said curve to the right, through a central angle of 23° 06' 35", an arc distance of 169 40 feet, and having a chord which bears S 14° 52' 36" W, a distance of 168 26 feet to a set 5/Sqnch iron rod with an aluminum cap, (9) THENCE S 24° 47' 31" E, with the new north right of way line of U S 77, a distance of 28 74 feet to the POINT OF BEGINNING and containing 0 574 acres, or 25,020 square feet of land, more or less, of which 1,082 square feet reside in the prescnptlve right of way of Rlney Road Hereinafter the "Property" II That upon consideration of the Statement, duly filed with the Court, the Judge of said Court, did appoint Tom Jester, Kirk Wilson, and C R "Rick" Woolfolk, Jr as Special Commissioners to assess damages caused by the taking of the Property Thereafter Tom Jester and C R "ltack" Woolfolk, Jr resigned and W P "Phil" Philips and Chris Raesz were appointed as substitute Special Commissioners (called the "Special Commissioners" ) III Thereafter, the said Special Commissioners, qualified as such, each took the Oath prescribed by law, whmh Oaths are on file with the papers ~n thru cause IV That after having so qualified, said Special Commissioners by written order, designated and appointed the 28th day of June, 2001, at 9 00 a m in the City Council Work Session Room in City Hail, 215 East McKmney, in the City of Denton, Denton County, Texas, as the date, time, Award of Spemal Commissioners -Page 3 and place for heanng said Statement and the parbes, said date being the earhest practical time and such place being in the County in which the Property is situated V That the Specml Commissioners issued a written notice of such date, time and place of the hearing and the Defendant, Koshrow Sadeghlan, was duly served with such notice and notffied ~n the t~me and ma~er required by law of such heanng and the t~me and place thereof VI That on the 28th day of June, 2001, smd Special Co~ss~oners did convene and the following named p~les appe~ed ~n person or by ~e~r attorneys Edwin M Snyder, attorney for the C~ty of Denton and the State of Texas, Petitioners and announced ready for such heanng and said Special Commissioners proceeded to hear evidence as to the damages to be sustained by the owner or parties having an interest in the Property by reason of the taking of the Property After hearing and consldenng the evidence, smd Special Commissioners did find and determine and accordingly assess damages to be paid by the City of Denton, Texas, according to the rules of damages set forth in Title 4, Chapter 21 of the Texas Property Code as follows 1 Total damages to be paid, including damages to the remainder if any, by City of Denton, Aw,ud oI Special Commissioners - Page 4 Petitioner, to Defendant, Koshrow Sadeghmn, ts in the amount of T~e oosts o,'the~e ~rooeed,r, gs ,,re ,,d.,,.,dged aga, r, st SIGNED THIS THE '9. ~ day of June, 2001 SPECIAL COMMISSIONERS W P PhI-I Phil,s IQrk Wdson The foregoing Award of Specml Commissioners ~as filed w~th. me the Presiding Judge of the Probate Court of Denton County, Texas, on the c~'t' day of ( .~.xv~ ,2001 Aw.nd ol Special Commtsslonm s - Page 5 AGENDA DATE: Suly 17, 2001 DEPARTMENT: Engineering CM/DCM/ACM' Dave H~ll, 349-8314 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approwng an agreement between the City of Denton and Andrew Corporat~nn, relating to the purchase of street r~ght-of-way and easements m the G Walker Survey, Abstract 1330 and the D Lambert Survey, Abstract 784, Denton County, Texas and other cons~deratlons regarding the pending ColoradofMayh~ll/Edwards Pawng and Drainage Improvements Project, authorizing the expenditure of funds therefore and prowdmg an effective date BACKGROUND Staff has been m recumng d~alogue w~th the representatives of Andrew Corporation for the past several years regarding potential reahgnment of Colorado Boulevard, Mayhlll Road and Edwards Road Several area issues have precipitated the need to move forward w~th the anticipated ~mprovements Those ~ssues are primarily the need to close Edwards Road, south of the Denton Mumc~pal Landfill (a reqmrement of the recent landfill expansion) and the overall need to optimize street connect~wty m the area Andrew Corporation owns the bulk of the land affected by the proposed ~mprovements and they have been working cooperatively w~th staff during the past year on bringing together all of the necessary elements for a successful project through their property We have spent the last several months gathering topographic survey data and creating construction plan documents Boundary survey work was performed to quantify all o£the affected parcels and a hm~ted property appraisal was conducted to prowde a baseline £or valuations The pnnc~pal framework of the proposed agreement w~th Andrew Corporat~nn was lind out m October of 2000 Over the course of the last several months we have been working out the finer details of the contemplated ~mprovements The project w~ll be d~wded into two d~stmct phases Phase I focuses on the pawng and drainage ~mprovements necessary to connect Mayh~ll Road to Edwards Road through Andrew Corporation property, m concert w~th the closure of the east/west section of Edwards Road, south of the Landfill We are poised to begin construction of Phase I of the project m the near term and anticipate bmldmg that section with C~ty &Denton forces Phase II of the project entatls connecting Colorado Boulevard to Mayhlll Road along with completing the tie-in of Edwards Road Phase II of the project ~s anticipated to begin in the year 2002 OPTIONS 1 Approve the agreement, or 2 Demal, or 3 Table for future consideration RECOMMENDATION Staff recommends approval of agreement ESTIMATED PROJECT SCHEDULE Phase I completion w~thm the year 2001, Phase II w~th~n the year 2002 PRIOR ACTION/REVIEW Briefing to City Council - October 17, 2000 FISCAL INFORMATION Property Purchase and d~rect reimbursements total $42,666 00 ATTACHMENTS ~ Locatlon map ~' Draft ordinance ~' Agreement Prepared by Paul Wfl~[mmson Real Estate & Capital Support Manager Respectfully submitted Charles F~edler, D~rector Eng~neenng Department 2 Location Map ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROViNG AN AGREEMENT BETWEEN THE CITY OF DENTON AND ANDREW CORPORATION, RELATING TO THE PURCHASE OF STREET RIGHT-OF-WAY AND EASEMENTS iN THE G WALKER SURVEY, ABSTRACT 1330 AND THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS AND OTHER CONSIDERATIONS REGARDING THE PENDING COLORAD O/MAYHILL/EDWARD S PAVING AND DRAINAGE IMPROVEMENTS PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Oty Manager ~s hereby anthonzed to execute an Agreement between the C~ty and Andrew Corporation, ~n substantlally the form of the Agreement which is attached hereto and made a part of th~s ordinance for all purposes for the purchase street right-of-way and easements and other cons~deratmns regarding the Colorado/Mayhfll/Edwards Pavtng and Drmnage Improvements ProJect SECTION 2 The Oty Manager ~s authorized to make the expenditures as set forth m the attached Agreement SECTION 3 Tlus ordinance shall become effective ~mmedlately 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 4 AGREEMENT AGREEMENT dated , 2001 between the Caty of Denton ("CITY") and Andrew Corporation ("OWNER"). WITNESSETH: Whereas, Andrew Corporataon ("OWNER") as the owner of certain land ~n the City of Denton and an unincorporated Denton County, Texas which as being affected by the public amprovement pro]ect called Colorado/Mayhill/Edwards Paving & Drainage Improvements ("PROJECT"); and Whereas, it is desirous of both part~es to stipulate and agree to the terms and conditions associated wzth the ~nstallat~on of the street and drainage improvements; NOW, THEREFORE, for good and valuable considerataon, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows~ 1. For the purposes of th~s AGREEMENT a schematic construction plan dated May 28, 2001 ~s attached hereto as "Exhibit A" and made a part hereof by reference (the "PLAN") The station numbers referenced an this AGREEMENT refer to station locations set forth on the Plan. The overall PROJECT shall be completed in two (2) phases The scope of Phase 1 focuses on paving and drainage improvements, specaf~cally from Edwards Station 3+75 eastward to Edwards Stataon 22+93.58 Phase 2 of the PROJECT consists of paving and drainage lmprovements specifically from Colorado/Mayh~ll Station 0+00 northeasterly to Colorado/Mayh~ll Station 12+53 61,and the paving and drainage improvements from Edwards Station 0+00 to Edwards Station 3+75. The CITY shall work expeditiously to complete Phase i of the PROJECT withzn the year, 2002. Construction of the Phase 2 PROJECT ~mprovements shall be initiated within the year 2002 2. At Closing, the CITY shall pay the OWNER as payment for all easement tracts, right-of-way tracts, and an ~in-k~nd acreage adjustment" the full purchase price of Thirty Five Thousand Two Hundred Forty One Dollars and no cents ($35,241.°°). These tracts are identified an "Exhibit B" and Page 1 of 7 allustrated in "Exhibat C" as New Mayhill 2, Edward 2, Edward 3, Edward 5(prescriptive) and, Edward 5(new). 3 Conveyance of tracts from OWNER to CITY a. The OWNER shall convey unto the CITY by "Street Dedication Deed" those tracts &dentil&ed xn "Exhibat B" and illustrated an "Exhibat C" as New Mayhill 1, New Mayhall 2, Edward 1, Edward 2, Edward 3, Edward 4 and Edward 5 The "Street Dedicataon Deed" for those tracts is attached herewith as "Attachment 1" b The OWNER shall convey unto the CITY by "Slope Easement Deed" those tracts identified ~n "Exhibit B" and illustrated in "Exhibit C" as Slope 1, Slope 2, Slope 3, Slope 4, and Slope 5. The "Slope Easement Deed" for those tracts is attached herewith as "Attachment 2" c. The OWNER shall convey unto the CITY by "Bakeway/Walkway Easement Deed" that tract adentified in "Exhabat B" and illustrated in "Exhibat C" as Bike/Walk The "Bikeway/Walkway Easement Deed" for those tracts is attached herewith as -Attachment 3" d. The OWNER shall convey unto the CITY by "Drainage & Public Utility Easement Deed" that tract adentified an ~Exhihit B" and illustrated an "Exhibit C" as Drainage & Public Utility Easement. The "Drainage & Public Utility Easement Deed" for that tract ~s attached herewith as ~Attachment 4" e. The OWNER shall convey unto the CITY by "Temporary Grading & Construction Easement Deed" that tract identified an "Exhibit B" and illustrated in "Exhabit C" as Temporary Grading & Construct&on Easement The "Temporary Grading & Construct&on Easement Deed" for that tract is attached herewith as ~Attachment 5" 4. Transfer of tracts from CITY to OWNER. a. The CITY shall convey unto the OWNER by "Quat Claim Deeds" those tracts identified in "Exhibat B" and illustrated in "Exhibit C" as Old Mayhall i and Old Page 2 of 7 Mayhill 2. The CITY shall retaan a Drainage & Public Utility Easement in the entarety of the Old Mayhall 2 tract within the above-mention conveyance. The ~Quit Claim Deeds" for those tracts as attached herewith as Attachment ~6" and ~Attachment ~7" The taming of the conveyance of the ~Old Mayhlll i and Old Mayhill 2" tracts from the CITY to the OWNER shall be at the t~me that public travel through those tracts cease by way of Phase 2 PROJECT completion The CITY shall convey the above-mentioned tracts to the OWNER expeditiously at the time that public travel is routed to the new road improvements. When public travel has ceased withan the ~Old Mayhill i and Old Mayhill 2" tracts the CITY shall remove all surface pavement materials from those tracts and shall restore those areas wath natave soil from the PROJECT. The CITY shall relocate its utilitaes within Old Mayhill I to alternative locations within the new right- of-way tracts at CITY expense 5. The CITY shall construct, as a component of the contemplated improvements, a four lane urban road section from New Mayhill (Edwards Station 0+00) eastward to a transition point approximately 100' east of the new Andrew driveway (Edwards Station 5+80). 6. Traffic Signal installataon at Colorado ~ Rail to Trail / New Edwards Road The CITY shall construct a traffac signal at the above-mentioned ~ntersectlon as a component of the PROJECT. The timing of actual s~gnal ~nstallation shall be in conjunction w~th the second phase of the overall PROJECT (Colorado to Mayhill connection) 7. As a component of the PROJECT the ex~sting vehicle grade crossing wathin Old Mayhall 2 and the Rail to Trail corridor shall be removed by the CITY at their sole expense. In addition, a typical permanent street barracade shall be installed along the south line of the Rail to Trail corridor at the terminus of Old Mayhill, southeast corner of the Ray Hallford tract, all at the sole cost and expense of the CITY. 8 OWNER'S Entrance Sign. In additaon to the Purchase Prace stipulated in Paragraph 2, the CITY shall pay the OWNER at closing Three Thousand Eight Hundred Fafty Dollars and no cents ($3,850.00), as reimbursement for relocation of the Page 3 of 7 existing plant entrance sagn located at Edwards Station 4+25. The OWNER shall coordinate and facalitate entrance sign relocation in conjunction with the PROJECT mobilization, or at OWNER'S discretion after PROJECT completion. The payment amount of Three Thousand Eight Hundred Fifty Dollars and no cents ($3,850.00), shall include not only the cost of labor and materials but also shall be deemed as full consideration for management, overhead, and warranties associated with entrance sign relocation. A permit shall be required however the fee shall be waived. 9 OWNER'S Entrance Lighting In add~taon to the Purchase Price stipulated in Paragraph 2, the CITY shall pay the OWNER at closing Three Thousand Fare Hundred Seventy Five Dollars and no cents ($3,575.00), as relmbursement for relocataon of the existing light pole & concrete base located at Edwards Stataon 4+25. The OWNER shall coordinate and facilitate light pole & concrete base relocation an conjunctaon wath the PROJECT mobilasation, or at OWNER'S discretaon after PROJECT completion. The payment amount of Three Thousand Five Hundred Seventy Five Dollars and no cents ($3,575 00), shall anclude not only the cost of labor and materials but also shall be deemed as full considerat~on for management, overhead, and warranties associated with l~ght pole & concrete base relocation. Ail applicable permits shall be obtained however permit fees shall be waaved 10. OWNER'S Fencing. As a component of the PROJECT the CITY of Denton shall relocate the OWNER'S exlstang east/west chain link fence located at the eastern limits of the PROJECT to the proposed south raght-of-way line of the Edwards 4 tract The existing north/south section of the OWNER'S chaan-link fence along their eastern line (Randy C Sn~der's western property line) shall be termanated at the northern raght-of-way lane of Edwards 3 tract. Any new fence materials required shall be of like materaals quality and style, and installed in a workmanlike manner by the CITY and or its contractor 11. OWNER'S Street Address. Presently, the OWNER'S street address is 2701 Mayhill Road. The proposed road configurations dactate that the OWNER'S street address be changed to most accurately reflect their true physical locataon Upon completion of the proposed pavang and draanage ~mprovements the OWNER'S new address shall be 4242 Edwards Road. The OWNER Page 4 of 7 shall have an interim period of I year from the date of PROJECT acceptance by the CITY to reconcile internal and external addressing issues The OWNER shall be notified, in writing, of the specific date of PROJECT acceptance by the CITY and shall be notified at a time I year thereafter, of the official address change. Should the OWNER, at OWNER'S discretion, decide to expedite the address change, the CITY shall facilitate the request upon written notification by OWNER. 12. OWNER'S Access~ a. As a component of the PROJECT the CITY shall relocate OWNER'S ex~st~ng access driveway from Old Mayhill Road to New Edwards Road (Edwards Station 4+63.12). The CITY shall construct a two-lane urban street section from New Edwards Road to match ~nto OWNER'S ex~sting access drive. The OWNER hereby grants the CITY formal permission to enter OWNER'S private property to facilitate the contemplated access driveway relocation at Edwards Station 4+63.12. Upon completion of the PROJECT it is understood that maintenance of relocated access driveway from the proposed New Edwards south r~ght-of-way line southward shall be the sole discretion of the OWNER. b. As a component the PROJECT, Phase 1, the CITY shall install a drive approach to access the OWNER'S remainder tract along the north side of New Edwards The specific location of the maintenance driveway approach to be determined at the discretion the OWNER, with CITY approval The CITY shall provide a drainage culvert if necessary, dependent upon specific location of maintenance driveway. c. As a component of the PROJECT, the CITY shall install a drive approach at Edwards Station 14+72, south side of New Edwards. The future connection of the contemplated drive approach southward to OWNER'S ex~st~ng employee/v=s~tor parking area shall be at the sole discretlon of the OWNER and at OWNER'S sole cost and expense. The above-mentioned drive way shall be 24 feet wide with a 20-foot curb radii (typical) Page 5 of 7 13. The stipulated total sum of $42,666 00 shall be paid by the CITY at closing to the OWNER through, Texas Title Company, 2215 South Loop 288, Suite 320, Denton, Texas All closing costs associated with th~s transaction, except OWNER'S attorneys' fees, shall be pa~d by the CITY. Th=s sum together with other good and valuable consideration provided for ~n this Agreement represents full and final settlement of all claims for compensation and damages, ~ncluding severance daznages, if any, due OWNER as a result of the CITY'S acquisition of the properties and easements provided for herein. In the event of default, the non-defaulting party's sole remedy is specific performance of th~s Agreement. However, this shall not be construed so as to l~mit the CITY'S right and power of eminent domain The closing and funding of this Agreement shall occur prior to work corxaencing on OWNER'S (unless such work ~s performed pursuant to a Right of Entry Agreement), but no later than August 31, 2001. 14. This agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the part~es respecting the within subject matter. ANDREW CORPORATION CITY OF DENTON BY: BY Michael A Conduff TITLE: CITY Manager Attest. Jennifer Walters CITY Secretary Page 6 of 7 lO Approved as to form. Edwin M Snyder Deputy CITY Attorney Acknowledgment THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on ,2001 by Michael A. Conduff, CITY Manager, CITY of Denton, Texas Notary Public, in and for the State of My Commission Expires: Acknowledgment THE STATE OF COUNTY OF This instrument was acknowledged before me on ,2001 by Notary Public, in and for the State of My Commission Expires. Page 7 of 7 "EXHIBIT B" Summation!of Tracts Acreage Sq Ft Market Payment New Mayh~ll 1 0 724 31,537 $0 $0 Offset by Old Mayhdl 1 quitclaim to Andrew New Mayh~ll 2 0 4 17,424 $131 $131 Prescriptive area to be formally dedicated to COD Edward 1 0 429 18,687 $0 $0 To be dedicated by Andrew (turn lane package) Edward 2 0 104 4,530 $34 $34 Prescnptwe area to be formally dedicated to COD Edward 3 1 819 79,236 $59,427 $29,713 50% value to be pa~d by COD to Andrew @ 75/sq ft Edward 4 0 18 7,841 $4,704 $2,352 50% value to be pa~d by COD to Andrew @ 60/sq ft Edward 5 (presc) 0 2603 11,339 $42 $42 Prescriptive ROW Edward 5 (new) 0 0426 1,856 $682 $682 Full value to be pa~d by COD to Andrew Old Mayh~ll 1 0 93 40,511 $0 $0 Quitclaim to Andrew by COD Old Mayh~ll 2 0 309 13,460 $0 $0 Quitclaim to Andrew by COD Slope 1 0 032 1,394 $0 $0 Offset by Old Mayhfll 1 quitclaim to Andrew Slope 2 0 08 3,485 $0 $0 Offset by Old Mayh~ll 1 quitclaim to Andrew Slope 3 0 008 348 $0 $0 Offset by Old Mayhdl 1 quitclaim to Andrew Slope 4 0 063 2,744 $0 $0 Offset by Old Mayhfll I quitclaim to Andrew Slope 5 0 006 261 $0 $0 Offset by Old Mayh~ll 1 quitclaim to Andrew B~keNValk 1 0 025 1,089 $0 $0 Offset by Old Mayh~ll 1 quitclaim to Andrew PUE/Dra~n 0 062 2,701 $0 $0 Offset by Old Mayh~ll 1 quitclaim to Andrew Grade & Const 0 05 2,178 $0 $0 No payment to Andrew - Temporary Use *Adjustment $2,287 "In-kind" trade adjustment to Andrew by COD $35,241 Total to Andrew Andrew to COD "m-kind" transfer New Mayh~ll 1 0 724 31,537 0 0 Offset by Old Mayh~ll quitclaim to Andrew Slope 1 0 032 1,394 0 0 Offset by Old Mayhdl quitclaim to Andrew Slope 2 0 08 3,485 0 0 Offset by Old Mayhdl quitclaim to Andrew Slope 3 0 008 348 0 0 Offset by Old Mayhdl quitclaim to Andrew Slope 4 0 063 2,744 0 0 Offset by Old Mayhfll quitclaim to Andrew Slope 5 0 006 261 0 0 Offset by Old Mayh~ll quitclaim to Andrew B~keNValk 1 0 025 1,089 0 0 Offset by Old Mayhdl quitclaim to Andrew PUE/Draln 0 062 2,701 0 0 Offset by Old Mayhlll quitclaim to Andrew 43,560 sq ft hn-k~nd" acreage to COD COD to Andrew "ln-k~nd" transfer Old Mayhdl 1 0 93 40,511 0 0 Quitclaim to Andrew by COD Old Mayhlll 2 0 309 0 0 0 Quitclaim to Andrew by COD (Easements retained no credit) 40,511 sq ft hn kind" acreage to Andrew mlnus -43,560 sq ff "in-kind" acreage to COD equals -3,049 t~mes $0 75,per sq ft -$2,287 *Due Andrew as "m-kind" trade adjustment March 27, 2001 13 ATTACHMENT 1 PAGE i OF 21 STREET RIGHT-OF-WAY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Andrew Corporation whether one or more, hereinafter called ~Grantor," for and in consideration of the sum of TEN DOLLARS ($10 00) and other good and valuable consideration to Grantor in hand pa~d by the CITY OF DENTON, TEXAS, a home rule mun~clpal corporation, hereinafter called ~Grantee," the receipt and sufficiency of which hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, GIVE and CONVEY unto the Grantee all of that certain tract or parcel of land containing approximately 3 959 acres of land, situated ~n the City of Denton, Denton County, Texas, as more particularly described in Exhibit ~A" and ~llustrated ~n Exhibit described in Exhibit ~C" and illustrated in Exhibit ~D", described in Exhibit ~E" and illustrated in Exhibit ~F", described ~n Exhibit ~G" and illustrated in Exhibit ~H", described ~n Exhibit ~I" and illustrated in Exhibit "J", described in Exhibit "K" and illustrated ~n Exhibit ~L", and described ~n Exhibit ~M" and ~llustrated Exhibit "N", all of which are attached hereto and made a part hereof for all purposes, together with all ~mprovements situated thereon and all s~ngularly the rights and appurtenances thereto and any and all r~ght, title and interest of Grantor in and to any adjacent streets, alleys or r~ghts-of-way, hereinafter collectively called the ~Property" It ls acknowledged and agreed that Grantee ~s acquiring the Property for the purpose of perm~ttlng Grantee or 1ts agents or assigns to construct, malntazn, repair and operate thereon street, h~ghway, right-of-way, draznage ~mprovements, utilities and other related improvements This provision shall not be construed as any restraint on the r~ght of Grantee to convey fee simple t~tle to the Property Grantor hereby waives any and all r~ght for compensation for t~e property interests conveyed to Grantee hereunder, lncludlng w~thout limitation, the right or claim to severance damages, or any damages to, or d~mlnution in value of, other lands belonging to Grantor, that may be claimed or asserted by v~rtue of such acquisition of the Property by Grantee Notwithstanding the area and shape of the Property, this Deed shall be construed as conveying all r~ghts and appurtenances incident to any ordinary conveyance of land ATTACHMENT PAGE 2 OF 21 TO HAVE AND TO HOLD the Property, together with all and singular the r~ghts and appurtenances thereto in anywise belonging unto sa~d Grantee, kts successors and asslgns, forever Grantor does hereby b~nd Grantor and Grantor's he~rs, successors, executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully cla~m~ng or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise SIGNED thzs __ day of 2001 Andrew Corporation By ACKNOWLEDGMENT STATE OF COUNTY OF § Thzs znstrument was acknowledged before me thzs __, day of , 2001, by , of the Andrew Corporation Notary Publzc, State of Texas Prmnt Name My commlsszon expzres 16. ATTACHMENT I PAGE 3 OF 21 31717 11/17/00 EXHIBIT A NEW MAYHILL 1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY, ABSTRACT NUMBER1330, AND THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 8 773 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVAY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE 'WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, ALSO BEING THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT, WHICH IS THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT p DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERFY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, AN ADDITION TO THE CITY OF DENTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 88 DEGREES 52 MINUTES 54 SECONDS WEST, IN MAYHILL ROAD, WITH THE NORTH LINE OF SAID 8 773 ACRE TRACT, A DISTANCE OF 37 32 FEET TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849 SET FOR CORNER AT THE POINT OF BEGINNING OF SAID HEREIN DESCRIBED TRACT, THENCE SOUTH 01 DEGREES 34 MINUTES 42 SECONDS WEST, A DISTANCE OF 229 43 FEET TO A SET1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 FOR CORNER, THENCE SOUTH 04 DEGREES 39 MINUTES 28 SECONDS WEST A DISTANCE OF 227 54 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW CAP STAMPED H&N 1849 FOR CORNER, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 32 DEGREES 28 MINUTES 24 SECONDS, RADIUS OF 540 00 FEET, A CHORD OF SOUTH 50 DEGREES 32 MINUTES 16 SECONDS WEST 301 97 FEET, AN ARC LENGTH OF 306 05 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 ON THE WEST RIGHT OF WAY OF THE OLD M K T RAILROAD RIGHT-OF-WAY, 17. ATTACHMENT 1 PAGE 4 OF 21 THENCE WITH SAID OLD RAILROAD RIGHT-OF-WAY, AROUND A CURVE TO I111 I I I [ I IAVINGA('I NIRAI AN(d I, OI 02DIGRllq20MINIJII S24 SECONDS, A RADIUS Gl' 1959 24 FEEI,ACHORD OFNORFII24 DEGREES 05 MINUTES 35 SECONDS WEST 80 01 FEET, AN ARC LENGTH OF 80 08 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW PLASTIC CAP STAMPED H&N 1849 FOR CORNER, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 64 DEGREES 06 MINUTES 51 SECONDS, A RADIUS OF 460 00 FEET, A CHORD OF NORTH 34 DEGREES 52 MINUTES 05 SECONDS EAST 488 30 FEET, AN ARC DISTANCE OF 514 74 FEET TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849 FOR CORNER, THENCE NORTH 02 DEGREES 48 MINUTES 40 SECONDS EAST A DISTANCE OF 174 54 FEET TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849 FOR CORNER ON THE NORTH LINE OF THE LAMBERT SURVEY AND THE SOUTH LINE OF THE D HOUGH SURVEY, THENCE NORTH 88 DEGREES 52 MINUTES 54 SECONDS EAST WITH THE NORTH LINE OF THE LAMBERT SURVEY AND THE SOUTH LINE OF THE HOUGH SURVEY, A DISTANCE OF 121 81 FEET TO A 1/2 INCH IRON PIN STAMPED H&N 1849 FOR CORNER, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 23 DEGREES 49 MINUTES 24 SECONDS, A RADIUS OF 270 00 FEET, A CHORD OF SOUTH 39 DEGREES 36 MINUTES 32 SECONDS EAST 111 46 FEET, AN ARC LENGTH OF 112 27 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 724 ACRE OF LAND '~3 ' ~ ' %~.,~,%C) / ATTAGHMENT 1 x PAGE 8; OF 21 PROPOSED R-O-W ~ HAMMETT'& NASH, INC. ENGINEERS & SURVEYORS ~ ~ 223 W HICKORY, DENTON, TEXAS 76201 ~w~ ~p~ Ic~. I~"=~oo'l~ o, ,~/o~ I~O~ ~o 3~ 19 ATTACHMENT PAGE 6 OF 21 31717 EXHIBIT C 01/04/2001 NEW MAYHILL 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY ABSTRACT NUMBER 1330, AND THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 8 773 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 79 4992 ACRE TRACT, DESCRIBED 1N A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A FOUND RAILROAD SPIKE IN MAYHiLL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT NUMBER 696 AND THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE G WALKER SURVEY ABSTRACT 1330, ALSO BEING AT THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PAILK, RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 02 DEGREES 49 MINUTES 53 SECONDS WEST, IN MAYHILL ROAD, WITH SAID SURVEY LINES AND WITH THE EAST LINE OF SAID 8 773 ACRE TRACT AND THE WEST LINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 249 49 FEET, TO A RAILROAD SPIKE FOUND AT THE SOUTHWEST CORNER OF SAID ALLAN ESTATES MOBILE HOME PARK, WHICH IS THE NORTHWEST CORNER OF SAID 79 4992 ACRE ANDREW CORPORATION TRACT, THENCE SOUTH 87 DEGREES 38 MINUTES 46 SECONDS EAST, WITH A NORTH LINE OF SAID 79 4992 ACRE TRACT AND THE SOUTH LINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 35 18 FEET TO A SET 1/2 IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, SAID IRON PIN BEING NORTH 87 DEGREES 38 MINUTES 46 SECONDS WEST 20 24 FEET FROM A 1/2 INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, OF SAID ALLAN ESTATES MOBILE HOME PARK, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23 DEGREES 50 MINUTES 11 SECONDS, A RADIUS OF 540 00 FEET, A CHORD OF SOUTH 22 DEGREES 22 MINUTES 58 SECONDS WEST 223 04 FEET, AN ARC 20. ATTACHMENT 1 PAGE 7 OF 21 LENGTH OF 224 65 FEET TO A SET I/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 04 DEGREES 39 MINUTES 28 SECONDS EAST, A DISTANCE OF 227 54 FEET, TO A SET 1/2 INCH IRON PiN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 01 DEGREES 34 MINUTES 42 SECONDS EAST, A DISTANCE OF 229,43 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, ON THE NORTH LINE OF SAID 8 773 ACRE TRACT, BEING THE SOUTH LINE OF SAID DONNELLY TRACT, THENCE NORTH 88 DEGREES 52 MINUTES 54 SECONDS EAST, WITH THE NORTH LINE OF SAID 8 773 ACRE TRACT, AND THE SOUTH LINE OF SAID DONNELLY TRACT, A DISTANCE OF 37 32 FEET, TO THE POINT OF BEGINNIN(3 AND CONTAINiNG iN ALL 0 400 ACRE OF LAND 21. ATTACHMENT 1 ,.~ ~<T~0 EXHIBIT D H~MME~ I'" & NASH, INC. ENGINEERS & SURVEYORS 223 W HICKORY, DENTON, TEXAS 76201 ATTACHMENT 1 PAGE 9 OF 21 31717 EXHIBIT E 01/04/01 EDWARD I ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 8 773 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, ALSO BEING THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT, WHICH IS THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT p DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, AN ADDITION TO THE CITY OF DENTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 02 DEGREES 49 MINUTES 53 SECONDS WEST, IN MAYHILL ROAD, WITH THE EAST LINE OF SAID 8 773 ACRE TRACT AND THE WEST LINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 249 49 FEET, TO A RAILROAD SPIKE FOUND AT THE SOUTHWEST CORNER OF SAID ALLAN ESTATES MOBILE HOME PARK, SAID SPIKE ALSO BEING THE NORTHWEST CORNER OF SAID CALLED 79 4992 ACRE TRACT, THENCE SOUTH 87 DEGREES 38 MINUTES 46 SECONDS EAST WITH A NORTH LINE OF SAID 79 4992 ACRE TRACT AND THE SOUTH LINE OF SAID ALLEN ESTATES MOBILE HOME PARK, A DISTANCE OF 55 27 FEET, TO AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF LOT I, BLOCK 1, ALLEN ESTATES MOBILE HOME PARK, THENCE SOUTH 05 DEGREES 50 MINUTES 34 SECONDS WEST, A DISTANCE OF 618 92 FEET TO A SET1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 FOR CORNER, THENCE NORTH 60 DEGREES 09 MIUTES 01 SECONDS WEST A DISTANCE OF 81 02 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW CAP STAMPED H&N 1849, AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, 23. ATTACHMENT 1 PAGE 10 OF 21 THENCE SOUTH 04 DEGREES 24 MINUTES 55 SECONDS WEST A DISTANCE OF 69 64 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW CAP STAMPED H&N 1849 FOR CORNER, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 30 DEGREES 36 MINUTES 41 SECONDS, RADIUS OF 330 00 FEET, A CHORD OF NORTH 43 DEGREES 00 MINUTES 11 SECONDS WEST 174 22 FEET, AN ARC LENGTH OF 176 31 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, I I II.NCF NOR I I 1 27 I)IiGRI~,I'S 41 MINIJ I I:~S $0 SI:CONI)S WI S l. A DIS 1ANCI. OF 88 08 FEET TO A 1/2 INCH IRON PIN SET WI FH YELLOW PLAS I lC CAP STAMPED H&N 1849 FOR CORNER, THENCE SOUTH 62 DEGREES 18 MINUTES 10 SECONDS WEST A DISTANCE OF 18 04 FEET TO A 1/2 INCH IRON PIN WITH YELLOW PASTIC CAP STAMPED H&N 1849 FOR CORNER, THENCE NORTH 22 DEGREES 02 MINUTES 28 SECONDS WEST A DISTANCE OF 60 30 FEET TO A 1/2 INCH IRON PIN STAMPED H&N 1849 FOR CORNER, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10 DEGREES 17 MINUTES 32 SECONDS, A RADIUS OF 540 00 FEET, A CHORD OF NORTH 61 DEGREES 37 MINUTES 42 SECONDS EAST 96 87 FEET, AN ARC DISTANCE OF 97 00 FEET TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849 FOR CORNER, THENCE SOUTH 14 DEGREES 23 MINUTES 33 SECONDS WEST A DISTANCE OF 36,94 FEET TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849 FOR CORNER, THENCE SOUTH 27 DEGREES 41 MINUTES 50 SECONDS EAST A DISTANCE OF 121 81 FEET TO A 1/2 INCH IRON PIN STAMPED H&N 1849 FOR CORNER, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 23 DEGREES 49 MINUTES 24 SECONDS, A RADIUS OF 270 00 FEET, A CHORD OF SOUTH 39 DEGREES 36 MINUTES 32 SECONDS EAST 111 46 FEET, AN ARC LENGTH OF 112 27 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 429 ACRE OF LAND 24. ATTACHMENT 1 PArlE 11 OF 21 ~ p- ~ ~ ~ _ ~ ~ _~ _ROPOSED R-O-W ~ ~,.~ ~ '''' - " ~ X I ow~ ~ 0 < , ~ . ~ / %~x ~ ~~Z /. - / ~ ~ ~ , HAMMETT & NASH, INC. ENGINEERS & SURVEYORS 223 W HICKORY, DENTON, TEXAS 76201 ~w, *** IC*~ i,c,~,r,,= ,~, ~,** ~r/o,/or i~o, ,o ,r,r, 25. ATTACHMENT 1 PAGE 12 OF 21 31717 EXHIBIT 01/04/01 EDWARD 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY, ABSTRACT NUMBER 1330, AND THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 8 773 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING PART OF A TRACT OF LAND CONVEYED TO ANDREW CORPORATION RECORDED IN VOLUME 912, PAGE 804, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVAY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, ALSO BEING THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT, WHICH IS THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT p DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, AN ADDITION TO THE CITY OF DENTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 02 DEGREES 49 MINUTES 53 SECONDS WEST, IN MAYHILL ROAD, WITH THE EAST LINE OF SAID 8 773 ACRE TRACT AND THE WEST LINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 249 49 FEET, TO A RAILROAD SPIKE FOUND AT THE SOUTHWEST CORNER OF SAID ALLAN ESTATES MOBILE HOME PARK, SAID SPIKE ALSO BEING THE NORTHWEST CORNER OF SAID CALLED 79 4992 ACRE TRACT, THENCE SOUTH 87 DEGREES 38 MINUTES 46 SECONDS EAST WITH A NORTH LINE OF SAID 79 4992 ACRE TRACT AND THE SOUTH LINE OF SAID ALLEN ESTATES MOBILE HOME PARK, A DISTANCE OF 55 27 FEET, TO AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, ALLEN ESTATES MOBILE HOME PARK, THENCE SOUTH 05 DEGREES 50 MINUTES 34 SECONDS WEST, A DISTANCE OF 618 92 FEET TO A SETI/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, 26. ATTACHMENT 1 PA~E 13 OF 2! THENCE SOUTH 11 DEGREES 48 MINUTES 40 SECONDS WEST, A DISTANCE OF 60 67 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 12 DEGREES 11 MINUTES 36 SECONDS, RADIUS OF 330 00 FEET, A CHORD OF NORTH 64 DEGREES 24 MINUTES 19 SECONDS WEST 70 10 FEET, AN ARC LENGTH OF 70 23 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 04 DEGREES 24 MINUTES 55 SECONDS EAST, A DISTANCE OF 69 64 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 33 SECONDS, A RADIUS OF 270 00 FEET, A CHORD OF SOUTH 60 DEGREES 09 MINUTES 01 SECONDS EAST 81 02 FEET, AN ARC DISTANCE OF 81 33 FFET THE POINT OF BEGINNING AND CONTAINING IN ALL 0 104 ACRE OF LAND 27. ~ ~..,~ ~z> ATTACHMENT 1 ¢o PA~E 14 OF 21 o ~ ~o ~ ~ EXHIBIT H X ~X ~X HA~ETT & NA~H, INO EN~INE~R~ ~ ~U~VEYOR~ ATTACHMENT 1 PAGE 15 OF 21 31717 EXHIBIT I 01/04/2001 EDWARD 3 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY ABSTRACT NUMBER 1330, AND THE D LAMBERT SURVEY ABSTRACT 784, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A CALLED 79 4992 ACRE TRACT, DESCRIBED 1N A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS AND ALSO BEING PART OF A (CALLED) 3 00 ACRE TRACT DESCRIBED 1N A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 804, DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, AT THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT, WHICH 1S THE SOUTHEAST CORNER OF A TRACT DESCRIBED 1N A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, AN ADDITION TO THE CITY OF DENTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 02 DEGREES 49 MINUTES 53 SECONDS WEST IN MAYHILL ROAD, WITH THE EAST LINE OF SAID 8 773 ACRE TRACT AND THE WEST LOINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 249 49 FEET, TO A RAILROAD SPIKE FOUND AT THE SOUTHWEST CORNER OF SAID ALLEN ESTATES MOBILE HOME PARK, SAID SPIKE ALSO BEING THE NORTHTM CORNER OF SAID CALLED 79 4492 ACRE TRACT, THENCE SOUTH 00 DEGREES 49 MINUTES 10 SECONDS WEST A DISTANCE OF 623 47 FEET, TO A I/2 INCH IRON PIN SET WITH PLASTIC CAP STAMPED H&N 1849, AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE AROUND SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 39 SECONDS, A RADIUS OF 270 00 FEET, AN ARC LENGTH OF 84 56 FEET, AND A CHORD OF SOUTH 77 DEGREES 45 MINUTES 07 SECONDS EAST A DISTANCE OF 84 22 FEET, TO A SETI/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 86 DEGREES 43 MINUTES 26 SECONDS EAST, A DISTANCE OF 1362 72 FEET, TO A SETI/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, ON THE EAST LINE OF SAID 79 4992 ACRE TRACT, BEING THE EAST LINE OF A TRACT DESCRIBED IN A DEED TO RANDY C SNIDER, RECORDED UNDER COUNTY CLERK'S FILE NUMBER 96-R0016095, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, THENCE sOUTH 03 DEGREES 08 MINUTES 53 SECONDS WEST, WITH THE EAST LINE OF SAID 79 4992 ACRE TRACT AND THE WEST LINE OF SAID SN1DER TRACT, A DISTANCE OF 35 02 FEET, TO A SETI/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, AT THE SOUTHWEST CORNER OF SAID SNIDER TRACT, BEING THE NORTHEAST CORNER OF PHASE 1, ANDREW ADDITION~ AN ADDITION TO THE CITY OF DENTON, AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET B, PAGE 12, PLAT RECORDS, DENTON COUNTY, TEXAS, SAID PIN ALSO BEING THE NORTHWEST CORNER OF A CALLED 27 4367 ACRE TRACT DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 790, DEED RECORDS, DENTON COUNTY, TEXAS, 29. ATTACHMENT PAGE 16 OF THENCE NORTH 88 DEGREES 59 MINUTES 45 SECONDS WEST, WITH THE NORTH LINE OF SAID PHASE l, A DISTANCE OF 630 14 FEET, TO A SETI/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 86 DEGREES 43 MINUTES 26 SECONDS WEST, A DISTANCE OF 733 15 FEET, TO A SET1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, AT THE BEGINNING OF A CURVE TO THE RIGHT, THENCE AROUND SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 16 DEGREES 13 MINUTES 19 SECONDS, A RADIUS OF 330 00 FEET, AN ARC LENGTH OF 93 43 FEET, AND A CHORD WHICH BEARS NORTH 78 DEGREES 36 MINUTES 47 SECONDS WEST, A DISTANCE OF 93 12 FEET, TO A SETI/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 11 DEGREES 48 MINUTES 40 SECONDS EAST, WITH THE NORTH LINE OF SAID 8 773 ACRE TRACT, AND THE SOUTH LINE OF SAID DOblNELLY TRACT, A DISTANCE OF 60 67 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL I 819 ACRE OF LAND 30. PAGE 17 OF 21 5-1 O~2 C ~? ~.~. ~ EXHIBIT J ~: ~x ~ m ~WARDS ROAD ENGINEERS & SURVEYORS W HIOKORY, DENTON, TEXAS 76201 fox 940-565-0436 homlnosh~o~rmod net ATTACHMENT 1 PAGE 18 OF 21 EXHIBIT K 31717 01/04/2001 EDWARD 4 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF ANDREW ADDITION, PHASE ONE, AN ADDITION TO THE CITY OF DENTON, AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET B, PAGE 12, PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A 1/2 INCH IRON ROD SET WITH YELLOW CAP STAMPED H&N 1849, AT THE NORTHEAST CORNER OF ANDREW ADDITION, PHASE ONE, WHICH IS THE SOUTHWEST CORNER OF A TRACT DEEDED TO RANDY C SNIDER~ RECORDED IN COUNTY CLEKK'S FILE NUMBER R0016095, REAL PROPERTY RECORDS OF DENTON cOUNTY, TEXAS AND ALSO BEING THE NORTHWEST CORNER OF A 27 4367 ACRE TRACT DEEDED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 790, DEED RECORDS OF DENTON COUNTY, TEXAS, SAID IRON ROD ALSO BEING SOUTH 54 DEGREES 45 MINUTES 00 SECONDS EAST 1738 37 FEET FROM A RIALROAD SPIKE FOUND IN THE MIDDLE OF MAYHILL ROAD AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSRACT 784, ON THE WEST LINE OF THE (ilDEON WALKER SURVEY ABSTRACT 1330, THENCE SOUTH 04 DEGREES 10 MINUTES 54 SECONDS WEST WITH THE EAST LINE OF SAID ANDREW ADDITION, PHASE ONE AND THE WEST LINE OF SAID 27 4367 ACRE TRACT, A DISTANCE OF 24 98 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 86 DEGREES 43 MINUTES 26 SECONDS WEST A DISTANCE OF 629 25 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, ON THE NORTH LINE OF ANDREW ADDITION, PHASE ONE, THENCE SOUTH 88 DEGREES 59 MINUTES 45 SECONDS EAST, WITH THE NORTH LINE OF SAID ANDREW ADDITION, PHASE ONE, A DISTANCE OF 630 14 FEET TO THE POINT OF BEGINNING AND CONTAININO IN ALL 0 180 ACRE OF LAND 32. ATTACHMENT 1 HAMME~ ~ & NASH, INC ENGINEERS & SURVEYORS 223W HICKORY, DENTON, TEXAS 76201 ATTACHMENT 1 PAGE 20 OF 21 EXHIBIT M 31717 01/04/2001 EDWARD 5 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A (CALLED) 27 4367 ACRE TRACT AS DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 790, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A 1/2 INCH IRON ROD SET WITH YELLOW CAP STAMPED H&N 1849, AT THE NORTHEAST CORNER OF ANDREW ADDITION, PHASE ONE, RECORDED 1N CABINET B, PAGE 12, PLAT RECORDS OF DENTON COUNTY, TEXAS, WHICH IS THE SOUTHWEST CORNER OF A TRACT DEEDED TO RANDY C SNIDER, RECORDED IN COUNTY CLERK'S FILE NUMBER 96-R0016095, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND ALSO BEING THE NORTHWEST CORNER OF A 27 4367 ACRE TRACT DEEDED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 790, DEED RECORDS OF DENTON COUNTY, TEXAS, SAID IRON ROD ALSO BEING SOUTH 54 DEGREES 45 MINUTES 00 SECONDS EAST 1738 37 FEET FROM A RAILROAD SPIKE FOUND IN THE MIDDLE OF MAYHlLL ROAD AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, THENCE SOUTH 88 DEGREES 07 MINUTES 47 SECONDS EAST WITH THE NORTH LINE OF SAID 27 4367 ACRE TRACT AND THE SOUTH LINE OF SAID SNIDER TRACT, PASSING AT 70 00 FEET A 1/2 INCH IRON ROD SET AT THE SOUTHEAST CORNER OF SAID SNIDER TRACT AT A TURN IN EDWARDS ROAD AND CONTINUING WITH THE NORTH LINE OF SAID 27 4367 ACRE ANDREW TRACT AND THE SOUTH LlNE OF A TRACT DEEDED TO KHOSROW SADEGHIAN, RECORDED IN VOLUME 4192, PAGE 2230, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A TOTAL DISTANCE OF 435 31 FEET, TO A SET I/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE sOUTH 03 DEGREES 16 MINUTES 34 SECONDS WEST A DISTANCE OF 35 66 FEET TO A 1/2 INCH IRON ROD SET WITH YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 86 DEGREES 43 MINUTES 26 SECONDS WEST A DISTANCE OF 435 57 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, ON THE WEST LINE OF SA1D 27 4367 ACRE ANDREW CORPORATION TRACT AND THE EAST LINE OF SAID ANDREW ADDITION, PHASE ONE, THENCE NORTH 04 DEGREES l0 MINUTES 03 SECONDS EAST, WITH THE WEST LINE OF SAID 27 4367 ACRE ANDREW CORPORATION TRACT AND THE EAST LINE OF SAID ANDREW ADDITION PHASE ONE, A DISTANCE OF 24 98 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 303 ACRE OF LAND ANDREW ADDITION ::~ ATTACHMENT '1 PHASE ONE ~.~ PAGE 21 OF 21 p R ~ C m _ I ~O,..~ CCF ~96-R0016095 (/) Z , ~o m m o~ z ~  HAMMEm m & NASH, INC ENGINEERS & SURVEYORS ~ 223 W HIOKORY, DENTON, TEXAS 76201 ~' ~ 940-~87-0506 fox 940-565-0436 homlno~h~omrmod ne~ ATTACHMENT 2 PAgE I OF 13 SLOPE EASEMENT DEED THE STATE OF TEXAS, ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON THAT Andrew Corporation, whether one or more, hereinafter called -grantor", of Denton County, Texas, in consideration of the sum of Ten Dollars and No Cents ($10 00) and other ~ood and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by IT and situated in Denton County, Texas, in the G=deon Walker Survey, Abstract Number 1330, described as follows, to wit SEE ATTACHED EXHIBITS~ Exhibit "A" illustrated in Exhibit "B", Exhibit "C" illustrated in Exhibit "D", Exhibit ~E" illustrated in Exhibit ~F", Exhibit "G" illustrated in Exhibit UH", and Exhibit ~I", illustrated in Exhibit ~J" And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings, and other obstructions as may now be found upon said property For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining slope in, along, upon and across said premxses, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across sa~d premises for the purpose of making additions to, improvements on and repairs to said slope facilities or any part thereof ATTACKMENT 2 PAGE 2 OF 13 TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described Witness my hand, this the day of , 2~1 Andrew Corporation Title ACKNOWLEDGEMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on this the day of , 2001 by Notary Public, State of My Con~nission Expires Accepted th=s the __ day of , 2001 for the City of Denton Texas (Resolution No 91-073) BY Paul Williamson Real Estate & Capital Support Manager AFTER RECORDIN~ RETURN TO: CITY OF DENTON ENGINEERING DEPARTMENT 601 E HICKORY SUITE B DENTON, TX 76201 ATTN PAUL WILLIAMSON 37 ATTACHMENT 2 PAGE 3 OF 13 31717 EXHIBIT A 01/04/2001 SLOPE EASEMENq 1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 8 773 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING Al A 10UND RAILROAD SPIKL IN MAYIIILL ROAD, A I I Ill' SOUTHEAST CORNER OF TIIE D IIOUGII SURVEY ABSq RAC F NUMEBER 696, WHlCH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSq RAC 1 784, ON 1 HE WEST LINE OF I HE GIDEON WALKER SURVLY ABSTRACT 1330, ALSO BEING AT THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 29 DEGREES 39 MINUTES 46 SECONDS WEST A DISTANCE OF 662 58 FEET, TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849 ON THE EAST RIGHT-OF-WAY OF THE OLD M K T RAILROAD AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00 DEGREES 28 MINUTES 01 SECONDS, A RADIUS OF 1959 24 FEET, A CHORD OF NORTH 25 DEGREES 29 MINUTES 47 SECONDS WEST 15 97 FEET, AN ARC DISTANCE OF 15 97 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 66 DEGREES 15 MINUTES 43 SECONDS EAST, A DISTANCE OF 126 05 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 15 DEGREES 48 MINUTES 54 SECONDS, A RADIUS OF 460 00 FEET, A CHORD OF SOUTH 59 DEGREES 01 MINUTES 04 SECONDS WEST 126 57 FEET, AN ARC LENGTH OF 126 97 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 032 ACRE OF LAND ATTAGHMENT PAGE 4 OF 13 ~ ~,~ 0'~0 ~ EXHIBIT B m~ ~ ~ q  HAMME) I' & NA8H, lNG ~ ENGINEEfl8 & 8UflVEYOR8 ~2~ W HIOKOflY, DENTON, TEXA~ ATTACHMENT 2 PAGE 5 OF 13 31717 01/04/2001 EXHIBIT C SLOPE EASEMENT 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 8 773 ACRE TRACT, DESCRIBED 1N A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT NUMEBER 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, ALSO BEING AT THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DON'NELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 13 DEGREES 35 MINUTES 28 SECONDS WEST A DISTANCE OF 108 21 FEET, TO A 1/2 INCH IRON PIN ¥~ITH YELLOW CAP STAMPED H&N 1849 ON THE EAST RIGHT-OF-WAY OF THE OLD M K T RAILROAD AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 39 DEGREES 11 MINUTES 57 SECONDS WEST A DISTANCE OF 108~21 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW CAP STAMPED H&N 1849, THENCE SOUTH 19 DEGREES 30 MINUTES 07 SECONDS EAST A DISTANCE OF 165 24 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW CAP STAMPED H&N 1849, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 07 DEGREES 48 MINUTES 25 SECONDS, A RADIUS OF 270 00 FEET, A CHORD OF NORTH 31 DEGREES 36 MINUTES 03 SECONDS WEST 36 76 FEET, AN ARC DISTANCE OF 36 79 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 27 DEGREES 41 MINUTES 50 SECONDS WEST, A DISTANCE OF 121 81 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, 40 ATTACHMENT 2 PAGE 6 OF 13 THENCE NORTH 14 DEGREES 23 MINUTES 33 SECONDS EAST A DISTANCE OF 36 94 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW CAP SAMPED H&N 1849, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10 DEGREES 55 MINUTES 30 SECONDS, A RADIUS OF 540 00 FEET, A CHORD OF NORTH 51 DEGREES 01 MINUTES 11 SECONDS EAST, 102 81 FEET, AN ARC LENGTH OF 102 97 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 080 ACRE OF LAND 41 ~ ATTACHMENT 2 PAGE 7 OF 13 EXHIBIT D z~ _~.n~© ~ I ~Z · 0~~ .-~ _~ o ..o'~ ~ / ~ o ~ ~ ~ ~ mO ~ i + ,HAMMEI I" & NASH, INC ENGINEERS & SURVEYORS 223 W HICKORY, DENTON, TEXAS 76201 42 ATTACHMENT 2 PAGE 8 OF 13 31717 EXHIBIT E 01/04/200~1 SLOPE EASEMENT 3 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D LAMBERT SURVEY ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 8 773 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VoLuME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT NUMEBER 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF 1 HE GIDEON WALKER SURVEY ABSTRACT 1330, ALSO BEING AT THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME pARK, RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 17 DEGREES 09 MINUTES 22 SECONDS WEST A DISTANCE OF 781 04 PEET, TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849 AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 39 DEGREES 41 MINUTES 54 SECONDS WEST A DISTANCE OF 57 73 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 62 DEGREES 18 MINUTES 10 SECONDS EAST A DISTANCE OF 12 00 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 27 DEGREES 42 MINUTES 03 SECONDS EAST A DISTANCE OF 56 47 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 008 ACRE OF LAND 43 ATTACHMENT 2 PAGE g OF 13 EXHIBIT F 0 /~ ~ ~o~ m ..o.,,° z ~ ~ m ~ o Z ~o ~ ~ m HAMME~ ~ & NASH, lNG ENGINEERS ~ SURVEYORS ~2~ W HIOKORY, DENTON, TEXAS 76201 ATTACHMENT 2 PA(~E 10 OF 13 31717 EXHIBIT G 01/04/2001 SLOPE EASEMENT 4 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A CALLED 79 4992 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS AND ALSO BEING PART OF ANDREW ADDITION, PHASE ONE, RECORDED IN CABINET B, PAGE 12, PLAT RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, AT THE NORTHEAST CORNER OF SAID $ 773 ACRE TRACT, WHICH IS THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, AN ADDITION TO THE CITY OF DENTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 21 DEGREES 41 MINUTES 20 SECONDS EAST A DISTANCE OF 1042 96 FEET, TO A SET 1/2 INCH IRON PIN WITH PLASTIC CAP STAMPED H&N 1849, AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 86 DEGREES 43 MINUTES 26 SECONDS EAST, A DISTANCE OF 283 03 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 THENCE SOUTH 72 DEGREES 24 MINUTES 58 SECONDS WEST DISTANCE OF 33 95 FEET, TO A SET I/2 INCH 1RON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 88 DEGREES 45 MINUTES 43 SECONDS WEST A DISTANCE OF 100 24 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH $0 DEGREES 48 MINUTES 35 SECONDS WEST A DISTANCE OF 151 93 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 063 ACRE OF LAND 45 ATTACHMENT 2 PAGE 11 OF 13 .... ~r~ c~ ,.o ~ EXHIBIT H ~=~,~ ::o~~ z~ 0 z ~ ~ Z ~ HAMME~ I & NA~H, INC. EN~INEEBS & SUBVEVOBS ~W HIGKOBV, DENTON, TEXAS 76201 "=50' /03/0 ~ ~o 3 x ? x ? ATTAGHMENT 2 PAGE 12 OF 13 EXHIBIT I 31717 01/04/2001 SLOPE EASEMENT 5 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A CALLED 79 4992 ACRE TRACT DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGES 804 - 82 I, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, AT THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT, WHICH IS THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, AN ADDITION TO THE CITY OF DENTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON CoUNTY, TEXAS, THENCE SOUTH 32 DEGREES 01 MINUTES 54 SECONDS EAST A DISTANCE OF 1085 10 FEET TO A 1/2 INCH IRON PIN SET WITH PLASTIC CAP STAMPED H&N 1849, AT THE POINT OF BEOINNING OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 70 DEGREES 27 MINUTES 30 SECONDS EAST A DISTANCE OF 16 24 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE sOUTH 80 DEGREES 56 MINUTES 02 SECONDS EAST A DISTANCE OF 62 41 FEET TO A SET I/2 INCH IRON PIN V~qTH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 86 DEGREES 43 MINUTES 26 SECONDS WEST A DISTANCE OF 77 06 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 006 ACRE OF LAND 47 ATTAGHMENT 2 ~ PAGE 13 OF 13 ~ EXHIBIT J mo ~o - ~z m ~ > ~ ~o~ m Z ~ ENQINEEn$ & SUrVEYOr8 940-387-0506 fax 940-565-04~6 homlnosh~a*rmo*~ net ATTACHMENT 3 PAGE I OF 6 PUBLIC WALKWAY/BIKEWAY EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT ;%ndrew Corporation, acting by and through =ts duly authorized officers, hereafter referred to as GPJUNTOR, of Denton County, Texas, in consideration of the Ten Dollars and No Cents ($10 00) and other good and v&luable consideration in hand paid by the City of Denton, Texas (GPJ~NTEE), receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty end privilege of the passage in, along, upon and across the following described property, owned by it and situated in Denton County, Texas, in the D Laxabert Survey, Abstract No 784 SEE ATTACHED EXHIBITS "A" & "B" And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining a public walkway/bikeway in, along, upon and across said premises, with the right and privilege at all times of the GPJ~NTEE herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to said public walkway/bikeway facilities and appurtenances thereto or any part thereof GP. ANTOR and GRANTEE, as further consideration for the easement granted herein, do hereby agree that the following terms, conditions, restrictions and limitations shall be effective and 49 ATTACHMENT 3 PAGE 2 OF 6 binding upon the part~es and their respective successors and assigns The easement herein granted shall run with the land in perpetuity and it is the intent and purpose of both parties to this easement to restrict and forbid any activity or use which would, as a natural consequence of such, impede or make more difficult use of the easement for its intended purposes of public recreation It is the intent of this easement that no private encroachment shall be permitted and the GRANTOR their successors and assigns shall not cause to be constructed or allow to be constructed in, over, under, across, through, or upon the described easement any buildings, structures, swimming pools, signs, billboards or any other improvements not provided for herein The GRANTOR, their successors and assigns shall not cause or allow any of the following to be done on the described easement a Excavation b Change of topography c Mining, drilling, removal of topsoil, sand, gravel, rocks or minerals d Spraying of herbicides or pesticides e Storage or placement of any trailers, house trailers, signs, billboards, advertisements, equipment, machinery, cars, trucks, garbage, trash, unsightly materials or items of any nature whatsoever Except for dead or diseased plant life, which condition may be determined only by the Parks and Recreation Department of the City of Denton, no plante, shrubs, ground cover or trees shall be removed However, the Parks and Recreation Department of the City of Denton may remove plants, shrubs, ground cover and trees necessary for the construction, installation, maintenance, repair, etc of the walkway/bikeway and for reasons of public safety, as ATTACHMENT 3 PAGE 3 OF 6 determined by the Parks and Recreation Department of the City of Denton TO HAVE ARD TO HOLD unto the said Cxty of Denton, Texas as aforesaid for the purposes aforesaid the premxses above descrmbed Witness my hand, this the __ day of 2001 A/~DREW CORPORATION By Printed Name Title ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on this day of , 2001 by Notary public, in and for the State of Texas My Commission Expires Accepted this day of , 2001 for the City of Denton, Texas (Resolution No 91-073} BY Paul Williamson Real Estate & Capital Support Manager When Recorded Return TO City of Denton Engineering Department 601 E Hickory Suite B Denton, TX 76205 ATTN Paul Willimmson ATTACHMENT 3 PAGE 4 OF 6 31717 EXHIBIT A 01/04/2001 BIKE/WALK l ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D LAMBERT SURVEY, ABS'I RACT NUMBER 784, CITY OF DEN I ON, DEN YON COUNTY, FEXAS, BEING PAR'I O[' A CALLED 8 773 ACR.L TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHiLL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT NUMEBER 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, ALSO BEING AT THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 29 DEGREES 39 MINUTES 46 SECONDS WEST A DISTANCE OF 662 58 FEET, TO A 1/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849 ON THE EAST RIGHT-OF-WAY OF THE OLD M K T RAILROAD AT THE POINT OF BEGINNING OF tHE HEREIN DESCRIBED 1RACF, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 01 DEGREES 53 MINUTES 28 SECONDS, A RADIUS OF 1959 24 FEET, A CHORD OF NORTH 26 DEGREES 12 MINUTES 31 SECONDS WEST 64 67 FEET, AN ARC DISTANCE OF 64 67 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 70 DEGREES 52 MINUTES 39 SECONDS EAST, A DISTANCE OF 29 06 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 25 DEGREES 55 MINUTES 05 SECONDS EAST, A DISTANCE OF 44 66 FEET, TO A SET I/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 02 DEGREES 31 MINUTES 05 SECONDS, A RADIUS OF 460 00 FEET, A CHORD OF SOUTH 65 DEGREES 39 MINUTES 58 SECONDS WEST 20 21 FEET, AN ARC 52 ATTACHMENT 3 PAGE 5 OF 6 LENGTH OF 20 22 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 025 ACRE OF LAND 53 ATTACHMENT 3 PAGE 6 OF 6 EXHIBIT B o~.~ ~?-~ m m ~ HAMMET~ & NASH, INC ENGINEERS & SURVEYORS 223 W HICKORY, DENTON, TEXAS 76201 ATTACHMENT 4 PAGE i OF 4 DRAINAGE & PUBLIC UTILITY EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT A~DREW CORPORATION, (Grantor), in consideration of the payment of Ten dollars and no cents ($10 00) and other good and valuable consideration in hand paid by the City of Denton, Texas, (Cxty), receipt of which is hereby acknowledged, do by these presents grant, bargain, sell, and conveys to the City a permanent public the free and uninterrupted use, liberty, and privilege of the passage in, along, upon, and across the following descrLbed property, owned by xt and situated in Denton County, Texas, in the D Lsmbert Survey, Abstract No 784 SEE ATTACHED EXHIBITS "A" & "B" And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings, and other obstructions as may now be found upon said property For the purpose of construc=ing, reconstructing, installing, repairing, and perpetually maintaining public utilities and drainage, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to said public utilities and drainage facilities or any part thereof TO ~AVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described Witness my hand, this the day of , 2~1 ATTACHMENT 4 PAGE 2 OF 4 Andrew Corporation BY Title~ THE STATE OF COUNTY OF ACF~NOWLED~EMENT This instrument was acknowledged before me on this the day of · 2001 by Notary public, State of Texas My Co. lesion Expires . Accepted this the day of , 2001 for the City of Denton Texas (Resolution No 91-073) BY~ paul Willimmson Real Estate & Capital Support Manager AFTER RECORDIN~ RETURN TO CITY OF DENTON ENGINEERING DEPARTMENT 601 E HICKORY SUITE B DENTON, TX 76201 ATTN PAUL WILLIAMSON 56 ATTACHMENT 4 PAGE 3 OF 4 317X7 EXHIBIT A 0 [/04/200 [ DRAINAGE & PUBLIC UTILITY EASEMENT ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A (CALLED) 8 773 ACRE TRACT AS DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY, ABSTRACT NUMBER 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, ON THE WEST LINE OF THE G WALKER SURVEY, ABSTRACT NUMBER 1330, ALSO BEING THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED TO IN A DEED TO ROBERT P DONLLEY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECOIG)S OF DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLEN ESTATES MOBLE HOME PARK, RECORDED IN CABINET EAST, PAGE 187,PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 18 DEGREES 50 MINUTES 11 SECONDS WEST A DISTANCE OF 682 83 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 01 DEGREES 49 MINUTES 02 SECONDS, A RADIUS OF 540 00 FEET, AN ARC DISTANCE OF 17 13 FEET AND HAVING A CHORD WHICH BEARS NORTH 54 DEGREES 50 MINUTES 48 SECONDS EAST 17 13 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 FOR- CORNER, THENCE SOUTH 14 DEGREES 15 MINUTES 26 SECONDS EAST A DISTANCE OF 196 66 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 FOR CORNER, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 08 DEGREES 19 MINUTES 31 SECONDS, A RADIUS OF 270 00 FEET, AN AKC DISTANCE OF 39 23 FEET, AND HAVING A CHORD WHICH BEARS NORTH 31 DEGREES 51 MINUTES 36 SECONDS WEST 39 20 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 FOP, COILNER, THENCE NORTH 27 DEGREES 41 MINUTES 50 SECONDS WEST A DISTANCE OF 17 84 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 FOR CORNER, THENCE NORTH 14 DEGREES 15 MINUTES 26 SECONDS WEST A DISTANCE OF 135 84 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 062 ACRE OF LAND PAGE 4 OF 4 EXHIBIT B ~ -- PROPOSED R-O-W m~ m ~ z HAMMEI*~& NASH, INC ENGINEERS & SURVEYORS 223 W HICKORY, DENTON, TEXAS 76201 ISCAL~ i"=40' IO~T~ Oi/03/Oi IJ°~ NO 58 ATTACHMENT 5 PA~E I OF 5 TEMpOP~kRY ~RADIN~ AND CONSTRUCTION EASEMENT THE STATE OF TEXAS, ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT Andrew Corporation whether one or more, hereinafter called (~rantor") of Denton County, Texas, in consideration of the sum of TEN DOLLARS and NO CENTS ($10 00) and OTHER ~OOD AND VALUABLE CONSIDERATION in hand paid by the City of Denton, Texas, (-~rantee"), receipt of which is hereby acknowledged, does by these presents grant, bargain, sell, and convey unto the City of Denton the free and uninterrupted use, liberty, and privilege of passage in, along, upon and across the following described property, owned by him, situated in Denton County, Texas in the ~ Walker Survey, Abstract Number 1330 SEE ATTACHED ~EXHIBIT A" A~D ~EXHIBIT B" And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings, and other obstructions as may be now be found upon said property, for the purpose of access and grading activities in, along, upon and across said premises It is specifically understood that the scope of the access and grading activities shall include the clearing and removal of vegetation and trees that exist within the area defined in Exhibit ~A" and Exhibit ~B" attached herewith The impacted area shall be graded, and measures shall be taken to mitigate erosion such as grass seeding or alternative methods The City of Denton, its agents, employees, workmen and representatives shall have ingress, egress, and regress i~, along, upon and across said premises for the ATTACHMENT 5 PAGE 2 OF 5 purpose of access and grading activities or any part thereof Upon conclusion of the initial construction, the temporary grading and construction easement shall terminate and the City shall remove all debris, surplus material, and construction equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes a~oresaid the premises above described Witness my hands, this the day of , 2001 Andrew Corporation Title ACKNOWLEDGMENT THE STATE OF COUNTY OF . This instrument was acknowledged before me on this the day of , 2001by Notary public, in and for the Stats of ~ My Commission Expires Accepted this the . day of ,2001 for the City Of Denton, Texas (Resolution No 91-073) BY Paul Williamson Real Estate and Capital Support Manager ATTACHMENT 5 PA(]E 3 OF 5 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this the __ day of , 2001 by Paul Williamson Notary public, in and for the State of Texa~ My Couunission Expires 61 ATTAGHMENT 5 PAGE 4 OF 5 EXHIBIT A 31717 11/28/2000 REV 01/04/2001 TEMPORARY GRADING & CONSTRUCTION EASEMENT (6) ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A (CALLED) 27 4367 ACRE TRACT AS DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 790, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A SET 1/2 INCH IRON PIN W1TH A YELLOW PLASTIC CAP STAMPED H&N 1849, AT THE SOUTHWEST CORNER OF SAID SNIDER TRACT, SAID PIN BEING THE NORTHWEST CORNER OF A CALLED 27 4367 ACRE TRACT DEEDED TO ANDREW CORPORATION, RECORDED IN VOLUME 9[2, PAGE 790, DEED RECORDS, DENTON cOUNTY, TEXAS, WHICH IS THE NORTHEAST CORNER OF ANDREW ADDITION, PHASE ONE, RECORDED IN CABINET B, PAGE 12, PLAT RECORDS, DENTON COUNTY, TEXAS, SAID PIN ALSO BEING ON THE EAST LINE OF A (CALLED) 79 4992 ACRE TRACT DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS, AND SAID PIN ALSO BEING SOUTH 54 DEGREES 45 MINUTES 00 SECONDS EAST 1738 37 FEET FROM A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, THENCE SOUTH 04 DEGREES 10 MINUTES 54 SECONDS WEST WITH THE WEST LINE OF SAID 27 4367 ACRE ANDREW CORPORATION TRACT AND THE EAST LINE OF SAID ANDREW ADDITION, PHASE ONE, A DISTANCE OF 24 98 FEET TO A SET I/2 INCH IRON PIN WITH YELLOW CAP STAMPED H&N 1849, THENCE SOUTH 86 DEGREES 43 MINUTES 26 SECONDS EAST, A DISTANCE OF 15 81 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 86 DEGREES 43 MINUTES 26 SECONDS EAST A DISTANCE OF 248 34 FEET TO A SET 1/2 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 84 DEGREES 00 MINUTES 02 SECONDS WEST A DISTANCE OF 109 0l FEET, TO A 1/2 INCH IRON ROD SET W1TH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 79 DEGREES 36 MINUTES 33 SECONDS WEST A DISTANCE OF 141 85 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 050 ACRE OF LAND 62 5> ~:~ ATTACHMENT ,-z :~3 ~r~ PAGE 5 OF ~ ~z Z~ I e~ ~ ~oP[.Tz u.[ ~ Z RANOY C SNIO[R COUN~ CLERKS No 96-R0016095 o~O~ m ~ O ~ m z ~ ~ 0 I ~ ~ Z ~ Z m~ m ~ m m ~ HAMME~ ~ & NASH, INC ENGINEERS & SURVEYORS ~ ¢ 223 W HICKORY, DENTON, TEXAS 76201 ~ ~ 940-387-0506 f~x 940-565-0436 homlnosh~o~rm~,l net ~w~ s~ IC~ i~c~"=~o' ~,or/o~/o~ I~°" ~o , 63 ATTACHMENT 6 PAGE i OF 4 QUIT CLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS cOUNTY OF DENTON THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas (the ~Grantor"), in consideration of the sum of Ten Dollars and No Cents ($10 00) and other good and valuable conslderat~on in hand paid by the Andrew Corporation of the County of Denton, State of Texas (the "Grantee"), the receipt of which is hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, its successors and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Denton and State of Texas, described in Exhibit "A" and illustrated in Exhibit ~B" attached hereto and made a part by reference (called the ~Property") TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim or demand any right or t~tle to the Property or appurtenances or any part thereof Witness my hand, this the day of ,, 2001 CITY OF DENTON, TEXAS By Michael A Conduff City Manager ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON This instrument was acknowledged before me on , 2001 by Michael A Conduff, City Manager, City of Denton Notary Public, in and for the State of Texas My Commission Expires 64 ATTACHMENT 6 PAGE 2 OF 4 31717 EXHIBIT A 01/04/2001 OLDMAYHILL I ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY, ABSTRACT NUMBER1330, AND THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A CALLED 79 4992 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS, ALSO BEING PART OF A CALLED 3 00 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 804, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVEY ABSTRACT 696 WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330 AND ALSO BEING THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT WHICH IS THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, AN ADDITION TO THE CITY OF DENTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 02 DEGREES 49 MINUTES 53 SECONDS WEST, IN MAYHILL ROAD, WITH THE EAST LINE OF SAID 8 773 ACRE TRACT AND THE WEST LINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 249 49 FEET, TO A RAILROAD SPIKE FOUND AT THE SOUTHWEST CORNER OF SAID ALLAN ESTATES MOBILE HOME PARK, SAID SPIKE ALSO BEING THE NORTHWEST CORNER OF SAID CALLED 79 4992 ACRE TRACT, THENCE SOUTH 87 DEGREES 38 MINUTES 46 SECONDS EAST, WITH A NORTH LINE OF SAID 79 4992 ACRE TRACT AND THE SOUTH LINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 35 18 FEE'I TO A 1/2 INCH IRON PIN SET AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 87 DEGREES 38 MINUTES 46 SECONDS EAST WITH A NORTH LINE OF SAID 79 442 ACRE TRACT AND THE SOUTH LINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 20 09 FEET TO AN IRON PIN ATTACHMENT 6 PAGE 3 OF 4 FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, ALLAN ESATES MOBILE HOME PARK, THENCE SOUTH 05 DEGREES 50 MINUTES 34 SECONDS WEST, A DISTANCE Ol (H8 02 1,1'1' I, IO A SI' I I/2 INCll IRON PIN WI III A YFI I OW I'I ASIIC ('Al" S 1AMPED H&N 1849, THENCE SOUTH 11 DEGREES 48 MINUTES 40 SECONDS WEST, A DISTANCE OF $ 54 FEET, TO A SET 1/2 INCH IRON PIN WiTH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE WITH A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 33 SECONDS, A RADIUS OF 270 00 FEET, A CHORD OF NORTH 60 DEGREES 09 MINUTES 01 SECONDS WEST 81 02 FEET, AN ARC LENGTH OF 81 33 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 04 DEGREES 28 MINUTES 45 SECONDS EAST, A DISTANCE OF 376 55 FEET, TO A SET1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 23 DEGREES 50 MINUTES 11 SECONDS, A RADIUS OF 540 00 FEET, A CHORD OF NORTH 22 DEGREES 22 MINUTES 58 SECONDS EAST 223 04 FEET, AN ARC LENGTH OF 224 65 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 930 ACRE OF LAND 66 ~ I PAGE 4 OF 4 Z [o mo o HAMME~ ~ & NASH, INC ENGINEERS & SURVEYORS 223 W HICKORY, DENTON, TEXAS 76201 ~ 940-587-0506 fox 940-565-0456 homlnosh~a~rmod net - ATTACE/~ENT 7 PAGE I OF 5 QUIT CLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS cOUNTY OF DENTON THAT the Caty o~ Denton, Texas, a munzclpal corporation of the County of Denton, State of Texas (the ~Grantor"), consideration of the sum of Ten Dollars and No Cents ($10 00) and other good and valuable consaderatlon in hand paad by the Andrew Corporation of the County of Denton, State of Texas (the ,,Grantee"), the receipt of which as hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, Its successors and assigns, all 1ts raght title and anterest in and to that certaan tract or parcel of land lying in the County of Denton and State of Texas, descrabed an Exhibit "A" and illustrated in Exhlbat ~B" attached hereto and made a part by reference (called the "Property"), subject to the reservation of a public utility easement for the purpose of constructing, reconstructzng, repaarlng, and mazntalnmng utllzty and drainage facmlltles, and further subject to a restrictive covenant running wath the Property prohmbltang the building or construction of any buildings within the Property or any other structures that may lmpazr the use of the Property for utility and dramnage facilities (called ,'Reservations and Restrmctzons") TO HAVE AND TO HOLD all of Grantor's right, title and interest mn and to the Property unto the Grantee, its successors and assmgns forever, so that neither Grantor nor its successors or asszgns shall have, clamm or demand any right or title to the Property or appurtenances or any part thereof, save and except the Reservatmons and Restrictions Witness my hand, this the day of , 2001 CITY OF DENTON, TEXAS By Michael A Conduff City Manager ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § 68 ATTACHMENT 7 PAGE 2 OF 5 This instrument was acknowledged before me on , 2001 by Michael A Conduff, City Manager, C~ty of Denton Notary Public, in and for the State of Texas My Commission Expires 69 ATTACHMENT 7 PAGE 3 OF 5 31717 EXHIBIT A 01/04/01 OLD MAYHILL 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G WALKER SURVEY, ABSTRACT NUMBER1330, AND THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 8 773 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND RAILROAD SPIKE IN MAYHILL ROAD, AT THE SOUTHEAST CORNER OF THE D HOUGH SURVAY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330, ALSO BEING THE NORTHEAST CORNER OF SAID 8 773 ACRE TRACT, WHICH IS THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROBERT P DONNELLY, RECORDED IN VOLUME 3384, PAGE 905, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID SPIKE ALSO BEING ON THE WEST LINE OF ALLAN ESTATES MOBILE HOME PARK, AN ADDITION TO THE CITY OF DENTON AS SHOYvSN BY THE PLAT THEREOF RECORDED IN CABINET E, PAGE 187, PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 02 DEGREES 49 MINUTES 53 SECONDS WEST, IN MAYHILL ROAD, WITH THE EAST LINE OF SAID 8 773 ACRE TRACT AND THE WEST LINE OF SAID ALLAN ESTATES MOBILE HOME PARK, A DISTANCE OF 249 49 FEET, TO A RAILROAD SPIKE FOUND AT THE SOUTHWEST CORNER OF SAID ALLAN ESTATES MOBILE HOME PARK, SAID SPIKE ALSO BEING THE NORTHWEST CORNER OF SAID CALLED 79 4992 ACRE TRACT, THENCE SOUTH 87 DEGREES 38 MINUTES 46 SECONDS EAST WITH A NORTH LINE OF SAID 79 4992 ACRE TRACT AND THE SOUTH LINE OF SAID ALLEN ESTATES MOBILE HOME PARK, A DISTANCE OF 55 27 FEET, TO AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, ALLEN ESTATES MOBILE HOME PARK, THENCE SOUTH 05 DEGREES 50 MINUTES 34 SECONDS WEST, A DISTANCE OF 618 92 FEET TO A SET1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT AND THE BEGINNING OF A CURVE TO THE LEFT, THENCE WITH SAID CURVE TO THE LEFT HAVING A RADIUS OF 330 00 FEET, DETLA ANGLE OF 12 DEGREES 11 MINUTES 36 SECONDS, AN ARC LENGTH OF 70 23 FEET, TANGENT OF 35 25 FEET, AND A CHORD BEARING OF SOUTH 7O ATTACHMENT 7 PAGE 4 OF E 64 DEGREES 24 MINUIES 19 SECONDS EASI, A DISIANCE O1' 70 10 1 LEI IO A I/2 INCH IRON PIN SET WIIH A YELLOW PLASTIC CAP SIAMPEDII&N 1849, 111ENCE SOU 1H 09 DEGR. EES 43 MINU 1 ES 01 SECONDS WLS 1, A DIS 1ANCL OF 13 94 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 26 DEGREES 51 MINUTES 02 SECONDS WEST, A DIS FANCE OF 24 39 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 02 DEGREES 42 MINUTES 50 SECONDS WEST, A DISTANCE OF 38 91 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 31 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE OF 71 16 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 52 DEGREES 35 MINUTES 47 SECONDS WEST, A DISTANCE OF 87 94 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, SAID PIN BEING ON THE EAST LINE OF THE OLD M K &T RAILROAD RIGHT-OF-WAY, THENCE NORTH 13 DEGREES 05 MINUTES 10 SECONDS WEST, WITH SAID RIGHT-OF-WAY A DISTANCE OF 61 47 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 37 DEGREES 31 MINUTES 14 SECONDS EAST, A DISTANCE OF 37 22 FEET, TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 29 DEGREES 06 MINUTES 51 SECONDS EAST, A DISTANCE OF 96 53 FEET, TO A SET1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE NORTH 04 DEGREES 24 MINUTES 55 SECONDS EAST, A DISTANCE OF 45 04 FEET TO A 1/2 INCH IRON PIN SET WITH YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 12 DEGREES 11 MINUTES 36 SECONDS, A RADIUS OF 330 00 FEET, A CHORD OF SOUTH 64 DEGREES 24 MINUTES 19 SECONDS EAST 70 10 FEET, AN ARC ALL 0 309 ACRE OF LAND ....\,1\,~ ~"'~&~'~ ATTACHMENT 7 PAGE 5 OF 5 (3'~O E×H~BIT E ~ ~ -,~ I ~ X ~ ~/~/ HAMME~ I & NASH, lNG ENGINEERS & SURVEYORS 223 W HICKORY, DENTON, TEXAS 76201 ~0-3~7-0506 fox 940-565-0436 homtnosh~o~rmo,I net ~ AGENDA INFORMATION SHEET AGENDA DATE' July 17,2001 DEPARTMENT Planmng & Development ~ CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT - RN-01-0007 (1604 N Elm) Consider and take action on a request for rehef from the Non-Residential Interim Zoning Regulations, Ordinance 2000-069 for a 0 25 acre property located at 1604 North Elm The property is m a General Retml (GR) zomng district A Planned Development (PD) zomng d~strlct to allow res~dentlal and office/retail uses ~s proposed BACKGROUND ~ The property owner w~shes to rezone the property and ntdlze the existing structure for both residential and retail uses A Planned Development (PD) ~s the only zoning classffication that will allow for both retml and residential uses on the same property Based on past practice w~th s~mdar cases m the surrounding area, the C~ty of Denton is the applicant for the rezomng and relief requests ~ The Comprehensive Plan identifies th~s property to be w~thm the "Downtown Umverslty Core D~stnct Th~s area is intended to have a mix o£ educational, residential, retail, office, service, government, cultural and entertainment development Staff finds the use consistent with the intent of the Comprehensive Plan ~ The approval or denial of the wmver request will only affect the zoning process as indicated below The platting and bmldmg permitted processes will not be affected · Land Use Concept Plan · ESA Analysis Zomng Plan · Drainage Study Interim Regulations (Public Hearings at P&Z and ~rocess · (Required if rehefrequest City Council) Density Calculations is denied) · Traffic Impact Analysis · Adequate Public Utility Verification Project Plan · Site Design (City Council) I · Photographs to document existing site PD Zo~alng Process Detailed Plan conditions, new development would (Required lfrehef request (Public Hearings at P&Z and require a site plan with additional public is approved) City Council) hearings OPTIONS Council may either 1 Deny the request for relief, or 2 Grant the request for rehef, or 3 Grant the request for relief, subject to conditions consistent w~th the evaluation cntena set forth m the ordinance RECOMMENDATION N/A ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW None FISCAL INFORMATION N/A ATTACHM]~NTS 1 Zoning Map Respectfully submitted Douglas S Powell, AICP Director of Planning and Development ATTACHMENT 1 ,~ ,~ ~ ~L-----..., I ~LLEGE I ..... NO SCALE ZONING MAP AGENDA INFORMATION SHEET AGENDA DATE July 17, 2001 DEPARTMENT Electric Utlhty ACM. Howard Martin, 349-8232 ~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICiPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND' For the past six years, it has been the practice of Denton Mumclpal Electric (DME) to maintain a contract with the Lloyd, Gossehnk firm for general representation on issues of importance to DME that come before the PUCT The most recent of these contracts was issued September 5, 2000 m the amount of $75,000 All funds have been utilized in that contract Lloyd, Gosselmk is located m Austin where they have ready access to the PUCT They are familiar with the PUC process Their firm tends to specialize m representation ofmumclpal ent~tles Their firm is also used by Garland Smce Garland's and DME's lfiterests are usually the same in PUCT proceechngs, it is oiten possible to file joint comments with Garland and split the legal fees An example of the type of issue that is handled under the general PUCT representation contract is the recent attempt by the PUCT staffto force retml competition and physical unbundhng of mumclpal utility orgamzat~ons m the serwce area of municipal utthUes that have not opted m to retail competmon, through the development of rules governing the prov~s~on of transmlsmon service The PUCT has jurisdiction over municipal utilities for transmission service Dunng development of updated rules regarding provision of transmission service, the PUCT staff included a "partial swltchover" provision that essentially required any entity providing transmission service to provide distribution service to retail customers for other electric energy prowders In tins same rule, the PUCT staff attempted to require any entity prowchng transmission serwce to physically unbundled their orgamzatlon into separate transmlss~on/dlstnbutton, marketing, wholesale and retail energy providers Both ofthese provisions are in d~rect conflict with SB7 Immediate response to th~s p, oblem was required due to the short schedule estabhshed by the PUCT There would not have been t~me to obtmn PUB and Council approval of a specific contract to cover thru matter Because DME had a contract m place w~th Lloyd, Gossehnk, we were able to file our objectxons m a txmely manner The unbundlmg reqmrement was modified to exclude mummpal ut~ht~es of DME's and Garland's s~ze The "partml swztchover" problem was ~mproved but the corrected wording st~ll creates problems for entities w;th multzply certffied areas We are presently appeahng that msue Another xssue that w~ll xmtlally be covered by th~s contract ~s the recent overturning by the Supreme Court of the transmzssmn charges levzed by the PUCT bom their ~rnt~al Order until May of 1999, when the Legislature chetated how transnnssmn charges were to be handled At th~s point, there ~s no way to tell how the PUCT wxll respond to tins problem However, ~ts resolutmn vall defimtely have a financml nnpact on Denton Lloyd, Gosselmk w~ll momtor the PUCT's actions on ti'ns msue and make any fihngs reqmred to preserve Denton's right to protect ~ts ~nterests If tins work becomes a major effort, we will return to the PUB and Council for a spemfic contract under wluch the work can be momtored The only other outstanding contract Lloyd, Gosselmk has w~th DME at th~s t~me ss a contract for both legal and techmcal support on the TXU Unbundled Cost of Service (UCOS) case Work on that case m essantmlly complete We calculate that the effort on this case resulted m an annual transnuss~on sermce cost roductlon for DME of approximately $251,200 per year beginning w~th the 2002 transnussmn charges Expenditures ~nvomed to date on th~s ~ssue are $141,280 23 OPTIONS: 1 Approve the contract 2 ReJect the contract and attempt to perform th~s work w~th C~ty legal staff 3 Cease to partm~pate m PUCT proceedings that ~mpact DME RECOMMENDATIONS Approval of the contract ~s recommended The C~ty legal staff,s not fam~har w~th PUCT processes and proceedings and does not have sufficient tn~ne or staff to momtor the PUCT and learn to effecttvely represent DME Fmlure to partlmpate m defending DME's mterests at the PUCT w~ll harm DME's ability to function effectively m the electric marketplace PRIOR ACTION/REVIEW (Councll~ Boards, Comm~.qs~on) The Pubhc Ut~ht~es Board w~ll consider approval of thru contract at ~ts meeting on July 16, 2001 The Council will be reformed of the PUB vote prior to cons~deratmn o£the Consent Agenda FISCAL INFORMATION. Expenditures not to exceed $65,000 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems that ~t is in the public interest to engage the law firm of Lloyd, Goasehnk, Blevms, Rochelle, Baldwin & Townsend, P C, of Austin, Texas (the "Firm") to provide professional legal serwces to the C~ty of Denton ("City") pertaining to representation of the City and Denton Mummpal Electric ("DME") before the Public Uttht~es Conmusmon of Texas ("PUC") in the areas of public utfllUes regulatory law and admnnstratlve law, respectmg the activities of DME, and WHEREAS, the City staff has reported to the City Council that there is a substantial continued need for the above-referenced professional legal services, and that lnmted City staff cannot adequately perform the specialized services and tasks Much are for the most part centered m AusUn, Texas, w~th its own personnel, and WHEREAS, the City has heretofore engaged the Firm by numerous previous Agreements for Professional Legal Services to perform slrmlar services to those services provided for m the Agreement for Professional Legal Services attached hereto Further, that the Firm has performed and provided legal services benefiting the City under the most recent Agreement wlueh became effective in the year 2000, on a continuous and uninterrupted basis, m order to safeguard and represent the interests of the City and DME before the PUC, m dealing wath sudden, largely unpredictable events and developments, and with administrative deadlines that many tunes reqmre mediate attention or response On March 1, 2001, the funds prowded for in the most recent Agreement were exhausted Nonetheless, the City requested that the Ftrrn provide continuous representation of the City and DME on Lmponant PUC issues unttl such t~me as a new Agreement for Professional Legal Servxees could be entered into, provldmg for continuation of the professional legal services as well as addltaonal compensataon to the Firm, and until such Agreement could be approved by the City Conned Accordangly, it is appropriate that the new Agreement for Professional Legal Services by and between the City and the Firm attached hereto, should be ratified and confirmed, and should be retroactively approved and made effective as of March 1, 2001, m order to properly compensate the Fm'n for its work that has directly benefited the City, and wlueh work was done at the spemfic instance and request of the City, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Servmes Procurement Acf', generally provides that a C~ty may not select a provider of professional serrates on the basra of competitive bids, but must select the provider on the bas~s of demonstrated competence, knowledge, and qualffieataons, and for 3 EXHIBIT I a fmr and reasonable pnce, and the Council hereby finds and concludes that the Firm ~s appropriately qualified under the prowslons of that law to be retmned as outside legal counsel for the City and DME respecting flus engagement, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the remtatmns set forth and contained m the foregoing preamble are expressly incorporated by reference ~nto tins Ordinance SECTION2 That the City Manager Is hereby authonzed to execute an Agreement for Professional Legal Sermces by and between the C~ty and the law firm of Lloyd, Gosselmk, Blewns, Rochelle, Baldwin & Townsend, P C, of Austin, Texas, in substantmlly the form of the Agreement for Professional Legal Services attached hereto and incorporated herewith by reference SECTION 3 That the award of flus Agreement by the City m on the basis of the demonstrated competence, knowledge, and qualifications of the Firm and the ability of the Firm to perform the servmes needed by the C~ty for a fmr and reasonable price SECTION 4 That the expendature of funds as prowded in the attached Agreement for Professional Legal Serrates is hereby authorized SECTION 5 That the above and foregoing Agreement for Professional Legal Serrates is hereby ratified, confirmed, and retroactively approved, and shall be effective from and after March 1, 2001 SECTION6 That except as otherwise provided in Section 5 above, flus Ordinance shall become effective mediately upon ~ts passage and approval PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNII*ER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TBXAS § COUNTY OF DENTON § AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT, made and entered into th~s __ day of 2001, by and between LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P C, a Texas Profess~onsl Corporation (hereinafter "Consultant"), w~th Lambeth Townsend, Shareholder, having full authority to execute tins Agreement on behalf of the firm, 111 Congress Avenue, State 1800, Anstm, Texas 78701, and the CITY OF DENTON, a Texas Mummpal Corporation, 215 E McKmney, Denton, Texas 75201 (hereinafter "C~ty"), w~th IVhchael Conduff, City Manager, having full authority to execute tins Agreement on behalf of the City WHEREAS, the C~ty deems it necessary and m the pubhc interest to continue to engage legal counsel to continue to prowde professmnal legal services w~th respect to the C~ty's comphance with the Pubhc Ut~hty Commission of Texas ("PUC") elecmc transnuss~on senace roles as well as any rulemakang proceeding or any prolect relating to electric transnnssmn servme as well as respecting the m~plementat~on of Senate Ball 7, or otherwise affecting the Ctty, and WHEREAS, the Consultant Is vallmg to perform such servmes m a professmnal manner as an independent contractor, and has competently and efficiently performed sm'ular serwces for the C~ty over the past several years, and the City has selected Consultant on the bas~s of demonstrated competence and quahficat~ons necessary to perform the needed serrates, and WHEREAS, the C~ty desires to engage the Consultant to render the professional services m connectnon therewith, for a fair and reasonable pnce, consistent w~th, and for a fee not l'agher than the recommended pmctmes and fees pubhshed by the applicable profesmonal assocmttons, and such fees do not exceed any maxanurn promded by law, all m accordance with the proms~ons of Chapter 2254 of the Texas Government Code (the "Professional Servmes Procurement Act"), and the Consultant ~s walling to prowde such services, NOW, THEREFORE, m cons~deratton of the proanses and mutual obhgat~ons hereto, the City and Consultant do hereby mutually AGREE as follows, to w~t I ~qen.n~ af~arvtees: The Consultant shall perform the following semces m a professional manner working as an independent contractor not under the direct supems~on and control of the City A Servmes to be promded Page 1 5 EXHIBIT II 1 Consultant shall represent the City before the PUC concerrung the City's comphance with the PUC's Transnusslon Service Rules and concerning any rulemaklng proceeding or project relating to transmission service, rmplementmg Senate Bill 7, or othen~se affecting the City, including, without lmutatlon, the professional legal services with regard to submitting pleadings and comments and attenclmg all uncontested hearings and other proceedings m relation to these matters, and to consult with the City through its Denton Mumclpal Elecmc ("DME") staff with regard to all filings, uncontested hearings, and other issues related to this project Provided, however, if the City elects to participate m a contested case proceeding at the PUC relating to transrmsslon serwce or any other matter, the parties agree that it will be necessary to enter into a separate profasslonal services agreement, to provide for such additional legal services 2 To consult with the City Manager, the Assistant City Manager for Utihtles, the D~rector of Electne Utlhtias, the City Attorney, the Assistant City Attorney for Utthtles, and/or other designated adrmmstrat~ve personnel or staff regarding any and all aspects of the professional services to be performed, including legal research, analysis, and advice with respect to such matters This will include coordinating aetlwtles with the Dtrector of Electric Utilities, the City Attorney end thetr respective staff to efficiently perform the services requrred and to preserve the Attomey/Chent pnwlege, work product, and all other applicable exceptions to the discovery or disclosure of documents produced by the City and the Consultant under the Scope of Services heremabove B The Consultant shall perform all the services requn'efl by this Agreement m a timely fashion, and shall complete them m compliance with schedules estabhshed by the City through 1ts Director of Eleemc Utahtles as appropriate to carry out the terms and conditions of this Agreement II. Term: This Agreement shall be retroactively effective as of March 1, 2001 The Agreement shall terminate either upon the completion of the professional services provided for hereto, or upon the exhaustion of all professional fees provided for hereunder, or on December 31, 2001, whichever event shall first occur Tins Agreement may be sooner terminated m accordance with the provisions hereof Tune is of the essence of this Agreement Consultant shall make all reasonable efforts to complete the services set forth hereto as expeditiously as possible during the term of this Agreement, and to meet the schedules estabhshed by the City, through ~ts Director of Elecmc Utilities, or her designee I~ Cnm?~n~ntinn nnd Mai:had nfPnymant: A The Consultant shall charge the following fees for its professional services provided to the City hereunder, based upon the following hourly billing rates for the attorneys and support staff revolved m this matter Page 2 6 ~nnrty R ~t~r Lambeth Townsend, Shareholder $ 210 00 Georgia Crump, Shareholder $195 00 Art Rodnguez, Associate $175 00 Mehssa E Ranurez, Associate $150 00 Paralegal $ 80 00 Law Clerk $ 75 00 Consultant agrees that all charges for the legal services hereunder, including expenses as set forth m Section III C below, shall not exceed $65,000 00 B The Consultant shall endeavor to have the attomeys and employees listed m Section 111 A above, reasonably attempt to reduce costs by utilizing other quahfied shareholders, associates, and paralegals wherever feasible or posmble The Consultant shall bdl the City through the subnusmon of ltermzed mvomes, statements, and other documentation, together w~th support data lnchcatmg the progress of the work and the services performed on the basis of monthly statements, showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or detmls of all sermces rendered, including a dmly, and an entry-by-entry refleclnon of Nllable tune spent on tins engagement, along wuth specific descnptmn and suppomng documentatmn, if avmlable, respecting any reasonable and necessary out-of-pocket expenses recurred by Consultant m performing the professional services pmwded for under tlus Agreement Professional fees shall be billed m rmnnnum one-tenth (1/10) hour increments C Additionally, the City shall either pay d~rectly or reimburse the Consultant, as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not Inmted to, long~dastance telephone, telecop~er, reproductmn, postage, overmght comer, and transportatuon and travel All cop~es will be charged at the rate of fifteen cents ($15) per copy~ for cop~es made wathm Consultant's offices, with as much photocopying as possible being done by outside vendors at bulk rates or by the City to reduce costs if bulk copying ~s necessary or appropriate The partxes agree that the charges for outgoing telecop~es fi.om Consultant shall be $ 25 per page and that there wall be no charge for incoming telecop~es D The partaes ant~mpate that mvmces or statements for profesmonal services wall be generated on a monthly basis and that smd mvomes or statements wall be sent to the City by Consultant on or about the 15th day of each month The City shall make payment to the Consultant w~thm thm'y (30) days after receipt of an appropriate nermzed mvmce or statement To the extent that any fees or expenses are chsputed by the City, the City shall not~fy Consultant within tl'nrty (30) days after its recmpt of the mvmce or statement, and shall othervase pay all unch8puted amounts set forth m the mvome or statement within tturty (30) days after its recmpt of the mvome or statement All reanbursable expenses, including, but not necessanly lnmted to travel, lodging, and meals, shall be prod at the actual cost, pursuant to the terms, condltmns, and lmutat~ons set forth hereto All mvmces or statements shall be a reviewed by Page 3 7 the D~rector, Denton Mumclpal Electric, or her designee, and shall be rewewed and approved by the Assistant C~ty Attorney/Uttht~es E It ~s understood and agreed that the Consultant shall work under the coordination and general supervision of the D~rector of Electric Ut~ht~es, or her designee F All nottces, mvo~ces, statements, and payments shall be made m wntmg and may be g~ven by personal dehvery or by mad As to notices to M~chael Conduff, C~ty Manager, C~ty of Denton, 215 East McKmney, Denton, Texas 76201 or to bas designee As to mvolces, statements, or payments to M~chael S Copeland, Assistant C~ty Attorney/Ut~ht~es, Ut~hty Adrnm~s~atlon Department, at the same address, as to the City, and to Lambeth Townsend, Lloyd/Gossehnk, 111 Congress Avenue, Stute 1800, Austm, Texas 78701, as to the Consultant When so addressed, the not,ce, invoice, statement and/or payment shall be deemed g~ven upon deposit of same m the U S Maal, postage prepaxd In all other instances, notices, mvo~ces, statements, and/or payments shall be deemed g~ven at the tnue of actual dehvery Changes may be made m the names and addresses of the responsible person or office to wluch notices, invoices, statements and/or payments are to be sent, prowded reasonable not,ce as g~ven IV Prnfa~n~nnal ~nm?af~n~y, A Consultant agrees that m the performance of these professional services, Consultant shall be responsable to the level of competency and shall use the same degree of skall and care presently maintained by other practicing professionals performing the same or sumlar types of work For the purpose oftbas Agreement, the key persons who w~ll be performing most of the work hereunder shall be Lambeth Townsend and Georgm Crump, Shareholders However, nothing hereto shall hrmt Consultant from using other quahfied and competent members of the firm to perform the services reqtured herem ~f such delegation ~s reasonably appropnate and properly protects the C~ty's interests B Any agreements, ordinances, not~ees, mstntments, memoranda, reports, letters, and other legal documents prepared or obtained under the terms of flus Agreement are instruments of service and the City shall retain ownersinp and a property mterest thereto If flus Agreement ~s terannated at any ttme for any reason prior to payment to the Consultant for work under flus Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon tenmnatlon be dehvered to and become the property of the C~ty upon request and vathout restnctaon on thetr use or further compensataon to the Consultant V ~ntahhahmant and Malntananea of Raenrdn. Full and accurate records shall be maintained by the Consultant at ~ts place of business w~th respect to all matters covered by flus Agreement~ Such records shall be mamtamed for a penod of at least three years after receipt of final payment under ttus Agreement VI Al~d~t'a and lnn?aettan. A.t any tnue dunng normal business hours and upon reasonable not,ce to the Consultant, there shall be made avadable to the C~ty all of the Consultant's Page 4 records with respect to all matters covered by tlus Agreement The Consultant shall penmt the City to audit, examine, and make excepts or transcripts fi:om such records, and to make audits of contracts, mvomes, materials, and other data relating to all matters covered by tlus Agreement VII Aeeam?hshmantnfPra?.et~ The Consultant shall commence, carry on, and complete tins professional engagement wuth all practmable chspatoh, m a sound, economical and efficient matter, and, m accordance with the prowslons hereof and all apphcable laws In accomphshmg the projects, the Consultant shall take such steps as are appropriate to insure that the work revolved is properly coordinated with any related work being earned on by the City VIII. Ind~nanz~'. and Ind~?~nrlent (~antraetr~r R~l~tmn~h:p_ A Consultant shall perfonu all services as an independent contractor not under the dtrect superws~on and control of the C~ty Nothing hereto shall be construed as creating a relatlonsinp of employer and employee between the panics The City and Consultant agree to cooperate m the defense of any clanus, actmn, suit, or procee(hng of any kind brought by a tturd party wtuch may result fi:om or cttrectly or mdtrectly arise fi:om any neghgence and/or errors or ormsslons on the part of the Consultant or fi:om any breach of the Consultant's obhgatmns under tlus Agreement In the event of any htlgat~on or ctaum under tins Agreement m wInch Consultant ~s joined as a party, Consultant shall prowde statable counsel to defend City and Consultant against such clann, prowded the Consultant shall have the right to proceed v~th the competent counsel of its own choosing The Consultant agrees to defend, mdemmfy and hold harmless the City and all of its officers, agents, servants, and employees against any and all such clanns to the extent of coverage by Consultant's professional hainhty policy The Consultant agrees to pay all expenses, including but not lmuted to attorney's fees, and satisfy all judgments that may be recurred or rendered against the Consultant's professional hablhty insurance policy Nothing hereto conmtutes a wmver of any nghts or remedies the City may have to pursue under either law or eqmty, including, w~thout lmutat~on, a cause of action for specffic performance or for damages, a loss to the City, resulting from Consultant's neghgent errors or onnss~ons, or breach of contract, and aH such nghts and remedies are expressly reserved B Consultant shall maintain and shall be caused to be m force at all ttmes during the term of ttns Agreement, a legally binding policy of professional hablhty insurance, listed by Best Rated Camera, w~th a rating of"A-" or above, ~ssued by an insurance earner approved to do business m Texas by the State Insurance Cormmsslon Such coverage shall cover any clann hereunder occasmned by the Consultant's neghgant profeas~onal act and/or error, act, or onusslon, m an amount not less than $1,000,000 combined single hrmt coverage per occurrence In the event of change or cancellation of the pohcy by the insurer, the Consultant hereby covenants to nnmerhately nottfy the C~ty m writing thereof, and m such event, the Consultant shall, prior to the effective date of change or cancellation, serve a substitute pohcy furmahmg the same or lugher amount of coverage The Consultant shall promde a copy of the declarations page of such pohcy to the C~ty through ~ts Director of Electric of Ulaht~es sunultaneously wuth the execulaon of tlus Agreement Page 5 IX TarmmaHnn nf A?eamant. A tn connectaon w~th the work outlined m tins Agreement, ~t ~s agreed and fully understood by the Consultant that the City may cancel or mde~mtely suspend farther work hereunder or terminate tins Agreement at any trine upon written noUce to Consultant, Consultant shall cease all work and lahor being performed under tins Agreement Consultant may terminate tins Agreement by giving the C~ty fifteen (15) days written notme that Consultant is no longer m a position to continue representing the C~ty Consultant shall invoice the City for all work sal~sfactonly completed and shall be compensated m accordance w~th the terms of tins Agreement All reports and other documents, or data, or work related to the project shall become the property of the C~ty upon terrmnatton of tlus Agreement B Thts Agreement may be terminated m whole or ~n part, m writing, by e~ther party m the event of substantml failure by the other party to fulfill ~ts obhgat~ons under tins Agreement through no fault of the terminating party Prowded, however, that no such ternnnatmn may be affected, unless the other party is g~ven [1] written notme (dehvered by certified maxi, return receipt request) of ~ntent to terminate, and not less than thn'ty (30) calendar days to cure the fmlure, and, [2] an opportumty for consultatmn w~th the termmatmg party prior to ternnnataon C Notl'ung contained here~n or elsewhere m ti'ns Agreement shall reqmre the C~ty to pay for any work winch is unsatisfactory or winch ~s not subrmtted m comphance wath the terms of tins Agreement X Altarnata l)~aputa Raanlntmn. The Consultant agrees that, ~f necessary, it w~ll use ~ts best efforts to resolve any dasputes regarding the Agreement through the use of mechatton or other forms of alternate dtspute resolutaon set forth m Chapter 154 of the Texas Clwl Practmes and Remedies Code (V A T C S ) XI l~,nCar~ A~re, emant. This Agreement represents the entire agreement and understanding between the parties and any negotmtlons, proposals, or oral agreements are intended to be integrated hereto and to be superseded by tins written Agreement Any supplement or amendment to ti'ns Agreement, m order to be effeetave, shall be m writing and s~gned by the C~ty and the Consultant XH. E~aphalme~atELm~ The Consultant shall comply w~th ali federal, state, local laws, rules, regulataons, and ordinances apphcable to the work covered hereunder as they may now read or hereafter be amended, including but not lmuted to the Texas Dmmplmary Rules of Pmfessmnal Conduct f'~,nvarntng l,aw. For the purpose of determunng place of agreement and law govermng same, tins Agreement is entered into m the C~ty and County of Denton, State of Texas, and shall be construed m accordance wtth, and governed by the laws of the State of Texas Venue and junsthctlon of any stat or cause of action arising under or m connectton w~th tins Agreement shall he exclusively m a court of competent juns&ctnon s~ttmg m Denton County, Texas Page 6 10 XIV, rhnerzmina~nn Prnhihzted, In performing the services reqmred hereunder, the Consultant shall not d~scrmnnate against any person on the basis of race, color, rehgmn, sex, natmnal olagm or ancestry, age, or physical handmap XV. Per~nnnel. A Consultant represents that it has or will secure at ~ts own expense all personnel reqmred to perform the serrates required under flus Agreement Such personnel shall not be employees nor have any contractual relations with the CaW Consultant shall reform the Cxty of any confhct of interest or potential conflict of interest that may arise during the term of tins Agreement, m accordance w~th Consultant's responslbthttes under the Texas D~smplmary Rules of Professional Conduct B All serrates reqmred hereunder will be performed by the Consultant or under its chrect supervision All personnel engaged m work shall be qualified and shall be hcensed, authorized, or perrmtted under state and local laws to perform such services Annio~n.hd~ty: The Consultant shall not assign any interest m tins Agreement and shall not transfer any interest m flus Agreement (whether by assignment, novatton, or othervase) w~thout the prior written consent of the City thereto XVII ~q~v~r~hdlty. All agreements and covenants contained hereto are severable, and m the event any of them, w~th the exceptaon of those contained m sectmns headed "Scope of Services", "Independent Contractor Relatmnsbap", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent junsdmtmn, tlus Agreement shall be interpreted, as though such mvahd agreements or covenants were not contained hereto XV]II. lten?nnnihilltm~ fnr ~lnimn and I ~zahih~: Approval by the C~ty shall not constitute nor be deemed a release of the responsibility and habthty of the Consultant for the accuracy and competency of ~ts work, nor shall such approval be deemed to be an assumption of such respomlb~hty of the Crty for any defect m any report or other documents prepared by the Consultant, its shareholders, associates, employees, officers, or agents m connectmn w~th tins engagement XIX. Mndzfle.ttnn nf l~oreemant, No w~uver or mothficat~on of flus Agreement or of any covenant, condmon, or hrmtat~on hereto contained shall be vahd unless m writing and duly executed by the party to be charged therewath No evidence of any waaver or morhficatlon shall be offered or received m credence m any proceeding ansmg between the pames hereto out of or affecting tins Agreement, or the rights or obhgmons of the pames hereunder, unless such waiver or modification is m writing, duly executed as aforesmd The pames further agree that the provmlons ,of tins arttule will not be warred as hereto set forth XX. C. apltm~ The captaons of flus Agreement are for mformattonal purposes only and shall not m any way affect the substanttve terms or condlt~ons of flus Agreement Page 7 11 u~ ~e p~ h~o ~d ~ re ..... ~ pn ~cm~ to ~e ~p~uve ne~s, ~ecutom, repres~aaves, mcces~om, ~d astor% where p~ by ihs A~eemcnt ~' leg~ ~ ~SS ~OF, ~e C~V ofD~to~ T~ ~ ~e~ut~ ~s A~em~t m fo~ (4) on~l ~t~ by ~d t~u~ ~ d~y auto.ed CxW Mana ~ ~ , _ day of_ Id~ ~t~d ~s ~, _ 2001 CiTY OF DENTON, T~XAS A T~xa~ Mumclpal Corpora~on By-_ Mxchael Conduff, C~ty Manager ' ATTF_,ST J~NN'J~R WALTERS, CITY' SECRETARy APPKOVflD AS TO L~GAL FORM ITERBERT L PROUTY, CITY ATTOP. lqEy 12 ATTF.3T \Out ~u~t~Co n tmon) I'~l~yd Oc~nk i~A PUC 2001 #lA.doc Pag~ 9 13 AGENDA DATE: July 17, 2001 DEPARTMENT: Planmng Department CM/DCM/ACM. Dave H~ll, 349-8314 SUBJECT - A-01-0002 (BlaggRoadAnnexattonArea) Consider adoption of an ordinance on second reading to tnvoluntanly annex approximately 46 acres of land generally located south of Blagg Road, approximately 1000' west of Lakevtew Boulevard ~n the eastern section of the C~ty of Denton Extratemtonal Junsdmtlon (ETJ) (A-01- 00o2) BACKGROUND An ~nvoluntary annexation proceeding ~s being considered by the C~ty of Denton for the Blagg Road annexation area (See Attachment 1) The two required pubhc heanngs were held at the April 3, 2001, and April 17, 2001, C~ty Council meetings The Planmng and Zoning Commission held a pubhc heanng on Wednesday, April 11, 2001 The ordinance was pubhshed on April 28, 2001 ~' The subject property ~s proposed to be zoned Agriculture (A) on July 17, 2001 (See zomng case Z-01-0004) ~ See attached May 15, 2001 C~ty Counml report for more detmled background ~nformat~on OPTIONS 1 Approve as subrmtted 2 Approve w~th contht~ons 3 Deny 4 Postpone cons~deratmn 5 Table ;tern RECOMMENDATION The Planmng and Zomng Commlss~on recommends approval (7-0) of th~s annexation request ESTIMATED PROJECT SCHEDULE None PRIOR ACTION/REVIEW The issue of annexation of this area was first raised as a result of the property owner's representative requesting ~nformatlon on development regulations for the subject property A concept plan was presented to staff, showing 142 residential lots. w~th approximately 10.000 square feet per lot As this property ~s located m the ETJ, developmem would be subject to the City's subd~wsxon regulations, but not any zomng regulations The following is a chronology of A-01-0002. commonly known as Blagg Road Annexation December 13, 2001 Imtml Contact Date January 8, 2001 Pm-Design Apphcat~on Date January 9, 2001 C~ty Council Imtmtes Annexation January 18, 2001 DRC Date March 26. 2001 Pettt~on fihng Deadhne April 3.2001 City Council Pubhc Heanng April 11. 2001 P&Z Commission Pubhc Heanng April 17. 2001 City Council Pubhc Heanng April 28. 2001 Ordinance Pubhshed May 15.2001 City Council First Reading of the Ordinance June 5, 2001 City Council Contlnues Case FISCAL, INFORMATION Development of th~s property will ~ncrease the assessed value of the city, county, and school district It will require no short-term pubhc improvements that are the responsibility of the city ATTACHMENTS 1 City Council Report with Draf~ Orchnance and Servme Plan from May 15, 2001 Respectfully submitte~ . Director of Planning and Development Prepared by Beth Hudson Planner I 2 AGENDA INFORMATION SHEET ATTACHMENT 1 AGENDA DATE: May 15, 2001 DEPART1VIENT: Plannmg Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - A-01-0002 (BlaggRo.crdAnnexatton Area) Consider the first reading of an or&nanee to mvoluntanly annex approximately 46 acres of land m the east~xn section of the City of Denton Extratemtonal Juns&ct~on (ETJ) Tho site is generally located on the south side of B1agg Road, approxunately 1000' west of Lakewow Boulevard ,(A-01-0002) BACKGR01]ND An mvoluntary annexation proceechng is bemg considered by the City of Denton for the Blagg Road armexa~on area (See Attachment 1) The two required public heanngs were held on the Apnl 3, 2001, and April 17, 2001, City Council meetmgs The Planmng and Zonmg Comna~sslon held a public heanng on Wednesday, April 11, 2001 As re&cared in the Annexahon Schedule (See Attachment 2), the second reading of the Blagg Road annexation ordinance is scheduled for June $, 2001 Both readings of the ordinance require super-ma]onty adophon by City Council as per City Charter requirements On April 11, 2001, the Plannmg and Zomng Comrmsmon voted 7-0 to recommend approval of the proposed annexation The Cowm,smon also voted %0 to recommend approval ofplacmg the subject aunexahon area rotc an Agriculture (A) land use and zomng chstnct, If the annexation is approved. After hearmg comments fi:om the surroundmg residents regardmg the proposed density as gored on the draft zonmg map, the Plannmg and Zonmg Comrmsslon voted 7-0 to rewew the tranmhon zonmg chstnct demgnat~on as part of the draft zonmg map rewew SERVICE pLAN As per state law, a serwce plan has been prepared and made avmlable for pubhc inspection (See Attaehmant 3) Because the area to be annexed contams one abandoned house, lmme&ate demand for, services as low Future development of the 46 acre tract is antmpated to use only 41 acres of buildable land, takmg rotc account approximately $ acres of Environmentally Sensmve Area The ~a~nexed tract will be entitled to city pohce protection, fire protection and prevention, emergency mecheal serwce, solid waste collechon, mamtenance of roads and streets, library services, code enforcement, bmldmg inspections and consumer health sennces, and planmng and development senuees upon the effective date of the annexation OPTIONS 1 Mamtam land area 2 Delete land area 3 AmendlServace Plan 4 Deny 3. RECOMMENDATION Staffreconmaends that the annexahon process proceed as scheduled Staffrecommends approval of the Ser~nce Plan ESTIMATED PROJECT SCHEDULE Council is scheduled to consider adoption of the atmexatlon ordinance at the second reading on June 5, 2001 ~RIOR ACTION~EVIEW - The ~ssue of annexataon of thas area was first raased as a result of the property owner's representatave requesting mfonnataun on development regulataons for the subject property A concept plan was presented to staff, showing 142 resadenhal lots, w~th approximately 10,000 square feet per lot. As tl~s property as located m the ETS, development would be subject to only the City's subd~vlsaon regulations, but not any zoning regulations The following as a chronology of A-01-0002, commonly known as Blagg Road Annexatmn ~mt~al Contact Date- December 13, 2001 Pre-Desagn Apphcafion Date - January 8, 2001 Chty Council W/S Date- January 9, 2001 DRC Date - January 18, 2001 Pehtmn filing Deadlme - March 26, 2001 Caty Council Date - April 3, 2001 ?&Z Commasswn Date - April 11, 2001 Caty Council Date - April 17, 2001 FISCAL XNI ORMATXON Development of tins property v~ll mcrease the assessed value of the czty, county, and school d~stnct It wall reqmre no short-term public nnprov~nents that are the responsabxhty of the cxty ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Draft Ordinance w~th the Service Plan as an attachment 4 Written Comments lly subm~tte_d Douglas ~ P0well, A~P ~ D~reetor of Planning and Development Prepared by. BethHudson Planner I ATTACHMENT A-01-0002 (Blagg Road Annexation) NORTH LOCATION MAP Pg 5 Scale' None ATTACHMENT 2 ' ANNEXATION SCHEDULE ' for the Blagg Road Annexation Area Friday, March 1, 2001 Involuntary Annexation Petition filed, Annexation Study & Service Plans drafted, 30 day nobce of ~ntent to annex sent to the property owner and each pubhc entity or private enbty that prowdes services In the area Friday, March 16 Annexation Service Plans completed Wednesday, March 14 Not~ce sent to be pubhshed on Saturday, March 17 on C~ty Webs~te and ~n Denton Record-Chromcle for C~ty Council's first pubhc hearing Friday, March 16 Property owner notices and Posting of s~gns Monday, March 26 Deadline for receipt of petitions for opposition (10 days after notice) Tuesday, April 3 City Council conducts first public hearing Wednesday, I March 28 Notice sent to be pubhshed on Sunday, April 1 on C~ty Webslte and m Denton Record-Chromcle for Planmng and Zonmg's public hearing on annexation and zomng and for second C~ty Council public hearing on annexabon and zoning Wednesday, April '1'1 Planning and Zoning Commission's public hearing to consider making a recommendation to the Ctty Council regarding the proposed annexation and the proposed zoning Tuesday, April 17 City Council conducts second public hearing Sunday, April 29 Annexation ordinance published on C~ty Webs~te and ~n Denton Record-Chronicle Tuesday, May ~5 First reading of annexation ordinance - C~ty Council by a four- fifths vote Institutes annexabon proceedings Tuesday, June 5 Second reading and adoption of the annexation ordinance and zoning ordinance - C~ty Council by a four-fifths vote takes final action 6. ATTACt~V~ET 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 46 ACKES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF t~LAGG ROAD, APPROXIMATELY 1000' WEST OF LAKEVIEW BOULEVARD IN THE M. FORREST SUKVEY, ABSTRACT NO 417, DENTON, COUNTY, TEXAS, APPP. OV]NG A SERVICE PLAN FOP, THE ANNEXED PP. OPEP`TY, PP. OVIDING A SEVEKABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0002) WIIEREAS, on January 9, 2001, the City Council of the City of Denton has d~rected staff to begin armexat~on proceedings for annexation of approxnuately 46 acres of land described hereto, and WHEKEAS, on Apnl I1, 2001, the Plaunmg and Zoning Conumsslon recommended approval of the annexation, and WH]gP. EAS, the City Council finds that the area being annexed contains fewer than 100 separate tracts of land on winch one or more resldentlal dwellings are located on each tract, and WHEKEAS, tins annexation ~s being made under Subchapter C-1 of Chapter 43 of the Texas Loeal Govarnm~nt Code, and WHEREAS, the C~ty Council finds that all reqmred noUces were g~ven m the t~me and manner regatred by law; and WHEREAS, pubhc heanngs before the C~ty Council were held m the Council Chambers on April 3, 2001, and Apnl 17, 2001, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon tins annexation, and W~AS, armexatlon proceedings were instituted for the property described herein by the introduction of tins ordinance at a meeting of the City Council on May 15, 2001, and WHEREAS, tins ordinance has been pubhshed in full one time in the official newspaper of the City of Denton on April 29, 2001, after annexation proceedings were instituted and B0 days prior to City Council talang final action, as reqmred by C~ty Charter, and WHEREAS, the City Council finds that the annexation will allow the c~ty to ensure development cons,stent w~th The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Page 7 C ~Beth's Proj ectskamnexatton~Blasg Road~Otcl from legal doc SECTION 1 The lract of land descn'bed m Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of D~nton, Texas SECTION 2 Tho service plan attached as Ex'~blt "B", and incorporated by reference, which provides for the extension of mumclpal semces to the annexed property, is approved as part of flus orchnance The s~rvlee plan was made avmlable for pubhc inspection and explanation to the m_habitants of the i~.ea being annexed at the above described public heanngs SECTION 3 Should any part of fi'us ordinance be held illegal for any reason, the holding shall not affect the rema, mng portion of tb~ ordinance and the Caty Council hereby declares ~t to be ~ts purpose to annex to the City of Denton all the real property descnbed m Exhibit "A" regardless of whether any other part of the described property is hereby effectavely annexed to the Cxty If any part of the real property ~nexed is already included wlthm the city bm!ts of the City of Denton or w~thm the hm~ts of any other city, town or village, or m not within the City of Denton's jurisdiction to annex, the same is hereby excluded ~om the temtory annexed as fully as ffthe excluded area were expressly described La this ordinance SECTION 4 This ordinance shall become effective Lmmedmtely upon ~ts passage and approval PASSED AND APPROVED this the day of ,2001 EULLNrE BROCK, MAYOR ATTEST JENNIFER. WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 8 S \Our Document~\Ordmance~BA01-0002 doc EXHIBIT A LEGAL DESCRIPTION Bemg a tract of land situated in the M Forrest Survey, Abstract No 417, Denton County, Texas and being part of a tract of land descnbed in a deed to Nell Musgrave, et al, recorded in Volume 293, Page 418, of the Deed Records of Denton county, Texas and being more particularly descnbed by metes and bounds as follows BEGINNING at a fence post on me south nght-of-way line of Blagg Road (vanable width r~ght-of-way being the northeast comer of said Musgrave tract and being the northwest comer of a tract of land descnbed m a deed to Lakevlew Ranch L P recorded in Volume 4391, Page 1738 of the Deed Records of Denton County, Texas, THENCE South w~th the east line of smd Musgrave tract and a w~re fence, and the west lme of said Lakewew Ranch tract, a distance of 1643 50 feet to a fence post being the northeast comer of a tract of land descnbed in a deed to Doug Prew~tt and Anna Kay Prew~tt recorded in Volume 1965, Page 834 of the Deed Records of Denton County, Texas, THENCE West wth the south line of smd Musgrave tract, and the north line of smd Prewltt tract, and the north hne of the H O and Lavoma Jo Prewltt tract recorded m Volume 820, Page 614, of the Deed Records of Denton County, Texas, a distance of 1421 00 feet to a point on the north line of a tract of land descnbed m a deed to Doug Prew~tt ~and Anna Kay Prew~tt recorded in Clerk's File 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 ~' Petennan, recorded m 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 d~stance of 5 34 feet, THENCE North w~th the west line of sa~d Musgrave tract, and the east lme of smd road easement, a d~stance of 710 41 feet to a ½"iron rod found for a comer, THENCE East, a distance of 165 00 feet, to a ½ ~nch iron rod set w~th a cap stamped "Precise Land Surv" bemg an ell comer of smd Musgrave tract, THENCE North, a distance of 261 78 feet, to a ~ inch iron rod set with a cap stamped "Precise Land Surv" being an ell comer of smd Musgrave tract, THENCE West, a d~stance of 155 00 feet, to a ½ inch ~ron rod found for a comer, on the east line of the aforesmd 15 foot road easement, THENCE North, w~th smd eat line, a chstance of 247 72 feet, to a 3/8 tach iron rod found being the southwest comer of a tract of land descnbed in a deed to Arch Oldham and Jounle Kathleen Dunn Oldham recorded in Volume 2850, Page 802 of the Deed Records of Denton County, Texas, 9 THENCE North 89 degrees 59 minutes 35 seconds East, with the south line of said Oldham tract and a w~re fence, a d~stance of 575 35 feet to a fence post being the southeast comer of a tract of land descnbed m a deed to Ernest B Parsons recorded m Clerk's F~le No 97-058152 of the Deed Records of Denton County, Texas, THENCE North 00 degrees 05 rmnutes 17 seconds West, w~th the east hue of said Parsons tract and a w~re fence, a d~stance of 415 59 feet to a fence post on sa~d south n§ht-of~way line being the northeast comer of sa~d Parsons tract, THENCE North 89 degrees 28 m~utes 01 second East, said south nght-of-way l~ne, a d~stancelof745 32 feet to the POINT OF BEGINNING, and conta~mng 2,003,300 square feet or 45 989 acres of land EXHIBIT B CITY OF DENTON ANNEXATION PLAN FOIl A-01-0002 (BLAGG ROAD) I AREA ANNEXED The annexation area m located in the eastern portion of Denton's Extratenutonal ~'uns&etlon and contains approximately 46 acres along the south side of Blagg Road approximately 1,000 feet wes. t'of Lakevaew Boulevard The annexation site is found south of Blagg Road, approxtmately 1000' west of Lakeview Boulevard II INTRODUCTION TI'ns sermce plan has been prepared m accordance with the Texas Local Government Code, Seettons 43 021, 43 065, and 43065Co)-(o) (Vernon 1999, as amended) Mumclpal facthties and services to the ~-~exe~l area descnbed above will be provided or made available on behalf of the C~ty m accordance vath the following plan The City shall provide the annexed tract the levels of servuce, infrastructure, and mfi:astmcture mamtanance that are comparable to the levels of service, mfi:astructure, and infrastructure maintenance available m other parts of the clty Wlth s~m~lar topography, land use, and populatton densrry IH AD VALOREM (PROPERTY OWNER) TAX SERVICES A Police Proteclaon, Code Enforcement, and Ammal Control Pohce service, including patrolling, response to calls, and other routine funciaons, vail be prowded to the property upon the effective date of the annexation using erast~ng personnel and equipment Code enforcement and ammal control services vall also be prowded to the property upon the effective date of the annexation B F~re Protection Ftre proteetton (vatinn the hrmts of existing hydrants) and emergency mechcal senates will be provided to the property upon the effectwe date of the annexation The City of Denton voJl prowde emergency Me&cai services, ("EMS") C Road and Streets Roads and streets, winch have been properly platted, duly dedacated, and accepted by the C~ty of Denton and/or Denton County shall be maintained by the C~ty of Denton on the effectave date ofthe annexation New traffic control devices will be installed as approved by the Denton City Council Installation and maintenance of street signs, street hghtmg and traffic control dewces w~ll be mamtmned by the City of Denton on the effective date of the armexahon 11 C Parks and Recreation l~acllitics Parks and recreational facilities in the area to be annexed w~ll begin upoffthe effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located w~thin the proposed annexatzon area Denton neighborhood park facilities are the winch are located within reasonably close 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 .' Lthra~y services will be made available on the effective date of the annexation on the sainc basis and at the same level as sh-mlar hbrary facilities are mmntamed throughout the city E Building Inspections and Consumer Health Services Bmldmg inspections and consumer health services will be made available on the effective date of the mmexation on the same basis and at the same level as smular faclhties are maintained throughout the City Both services are provided on a "cost recovery" basis, and permit fee~ offset the costs of services dehvered Incomplete construction must obtain bulldmg pernuts from the Bmldmg Inspections Deparlment of the City of Denton F Planmng and Development Services Plarmmg and developmemt services will be will be made available on the effective date of the anuexation The Planmng and Development Department currently serwces tbs pwperry by way of adrmmstratlon of Cllapter 34 of the Code of Ordmauces, concerning subdivision and land development regulations C~ty Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land m the c~ty and its ETS, and the subject tracts contain a Comr~unity 1Vhxed Use Center, Neighborhood Centers, Emstmg Neighborhoods / ln~ll Compatlinhty Areas, and 100 Year Floodplain / t~nvironmentally Sensitive Areas The Denton Plan designates future land uses to manage the quahty and quantity of growth by orgam~ng the land use patterns, by matching land use intensity with available m~rnstructure, and by preserving floodplains as enwronmantal and open space corridors The Denton Plan will be used as a basis for final zomng classifications after the properties are annexed IV UTILITY (RATEPAYER) SERVICI~S A Solid Waste Collection The C~ty of Denton is the exclusive residential and commercial solid waste service provider m the City The Department is an entirely fee based 12 operation and received no resources from taxes Solid waste collection serwce v~ll be prowded to the propen~y upon the effective date of-the annexation using existm§ personnel and eqmpmant Residents have the option to choose between a private company or service with the City of Denton The C~ty of Denton Sohd Waste Department w~ll honor emst~ng contracts v, ath private sohd waste service providers aider the effechve date of tins annexation m accordance w~th Texas Local Government Code, Sechon 43 055(o) (Vernon Supp 2000) To receive sohd waste collechon service, the customer must contact the C~ty of Denton Customer Service Office and subnnt a request/apphcation for service Currently the s~te contains one vacant residential structure B Water/Wastewater Faclht~es M~untenancc of water and wastcwater fac~hties m the area to be annexed that are not w~tl~i~ thc scmcc area of another water or wastewater utility w~ll begin upon the effective date of thc annexation using cresting personnel and cqmpment Currently, the area to be annexed is provided w~th a private water well and a private wastewater system No C~ty of Denton water or wastewater lines erdst m thc armcxaton area The C~ty slzall prowde a level of water and wastewater sermce, ml~astmcture, and ,nfrastmcture mmntenancc that is comparable to the level of services, mlSmstmcture, and infrastructure maintenance avatlable ~n other parts of the c~ty w~th topography, land use, and population density slnular to those reasonably contemplated or projected in the area C Drainage Services Drainage maintenance v~ll be provided to the property upon the effechve date of tho annexation The City shall prowde a level of drainage sermces, mfi'astructure, and infrastructure maintenance that ~s comparable to the level of services, 5nfrastmeturo, and infrastructure maintenance available m other parts of the c~ty w~th topography, land use, and populatton density s~rmlar to those reasonably contemplated or projected m the area D Elecmcal Senaces Denton Municipal Electric ~s certified by the State and ~s obhgated to prowde electric ut~hty servace to the annexation area should a request be made by a property o~vner Electric utility service w~ll be made avmlable on the effective date of the aanexat~on on the same bas~s and at the same level as sumllar faciht~es are maintained throughout the c~ty Denton Mumc~pal Electric is the current electric sermoo prowder for tlus s~te V OTHER SERVICES Other services that may be provxded by the C~ty, such as mumc~pal and general adm~mstrahon ~ull be made available on the effechve date of the annexation The C~ty shall prowde a level of sermces, mt~astmcture, and ml~astmoture maintenance that ~s comparable to the level of serwces, mfi-astmcture, and ~nfrastxucture 13 maintenance avatlable m other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected m the arSa VI CAPITAL IMPROVEMENTS PROGRAM (C1P) Construction of additional water, sewer, street, and drainage fac~ht~es will begin x~nthln two and a half (2 ½) years unless certain services can not be reasonably provided within that penod If certain services can not be reasonably provided, the City will provide those sennces wthm four and a half (4 ~A) years after the effective date of the annexation unless.the construction process ~s interrupted by circumstances beyond the control of the Cgy Construction of other capital improvements shall be considered by the C~ty as the needs dictate on the same basis as such capital unprovements are considered throughout the City VII UNIFOKM LEVEL OF SERVICES MAY NOT BE REQUIKED Nothing m this plan shall reqmre the C~ty to provide aumform level of full mumclpal serwces to each area of the City, including the annexed area, ff d~fferent charactenst~cs of topography, land use. and population density are considered[ a suf~ficlent basis for provxdmg different levels of service VIH TERM This serwce plan shall be valid for a term often (10) years Renewal of the service plan shall be at the d~scretion of C~ty Council The service plan may be amended xf thc City Council determines at a pubhc heanng that changed conditions or subsequent occurrences make tins serwce plan unworkable or obsolete The C~ty Council may amend the service plan to conform to the changed contht~ons or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) 14 ~ ATTA61H4ENT 4 ' ~ NOTICE OF PUBLIC HEARIN A-01-0002 The City Council of the Glty of Denton w~ll hold the first of two public heatings on Tuesday, April :3, 2001, to conslder annexing approximately 46 acres Into the corporate city limits of the City of Denton, Texas The property Is located in east Denton, south of Slagg Road, approximately 1000 feet west of Lakewew Boulevard as shown on the backside of this nobce Enclosed for your InformaflorVl~ the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Oomml$~lon will hold separate publm hearings, on ~he same proper~y, on Wednesday, April ~1~, 200~, to,confider me~ing e recommendation to Olty Oouncil regarding the proposed annexation and zoning the unzoned preperty to Agriculture (A) zoning dl~trlct~ changing to Neighborhood Oenter~ (NOR-6 ~nd NOMU-~2) upon ~dopflon of ~he new Development Code The public heaflng~ will start at 6.00 p m in the City Council Chambers of City Hall located at 215 E McKInney Street, Denton, Texas. Because you own property within the annexation area or within 200' of ~he subject property, the City Council would like to hear how you feel about this annexation and zoning request and Invites you to attend the public hearings Public heatings are deslgned to provide opportunities for citizen Involvement and comment Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing (This in no way prohibits you from. attending and participating In the public hearing ) You may fax It to th~ number located at the bottom, mall It to the address below, or drop It off In-person Planning and Development Department 221 N, Elm St. Denton, Texas 76201 Attn: Beth Hudson, Planner I Please circle one' Jr;~avor of request~ Neutral to request Opposed to request Comments' We favor the zoning request with the following conditions. Contractor t;O be limited tO 3 houses per acre No trees to be removed on the frontage property due to road expansion or o~her work on Blag~ Roa~ Residents on BlagE Road would have affordable or free access to ~er/sewer Signature ~t ~, ~ {~[ Pnnted Name Dou~GfZes ~$ ~mhu~ A~dmss ~1 Blagg Roa~ - Cl~, State ZIp Denton TX 76208 {}S) Telephone Number 940-383-7434 (susiness) ~ 5511 Blagg Road I ~ Phys~ Add~ess o~ P~opedy w~h~n 200 ~eet 8.,/_3/_001 14 44 94038'~45~.0 ~FE SYSTENS I[~_ PAc=E O1 NOTICE OF PUBLIC HEARIN$ A-0i -0002 The City Council of the Cn'y of Denton will hold the first of two pub$lc hearings on Tuesday. April 3, 2001. to consider annexing approximately 46 acres Into the corporate c~ty limits of the City of Denton. Texas The property Is located in east Denton. south of Blagg Road. approximately 1000 feet wast of Lakeview Boulevard as shown on the backside of thls notice Enclosed for your Informabon Is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public beanngs, on the same property, on Wednesday, April I1, 2001; to consider maklng a ~e~ommendatlon to City Council regarding the proposed annexation and zoning the unzoned'property to Agriculture (A) zoning distrlc~ changing to Nelghborhoodl Canters (tVCR-$ and NCMU-12) upon adoption of the new Development Code The pubhc hearings will atari at 6 00 pm. In the City Council Chambers of City Hall located at 215 E McKInney Street. Denton. Texas Because you own property within the annexation area or within 200' of the =ubJect property, the City Council would I~ke to hear how you feel about this annexatlon and zoltlnO reau~$t and Invites you to attend the public headngs Pubhc headngs are designed to provide opportunlbes for citizen Involvement and comment Please. in order for your opinion to be taken Into account, return,this form with your comments prior to the date of the public hearing (Thts m no way prohibits you f~om attending and parbclpabng in the public hearing.) You may fax It to th~ number located at the bottom, mall ~t to the address below, or drop it off in-person Planning and Development Department 22.1 N. Elm St. Denton, Texas 76201 At'tn- Beth Hudson, Planner I Please circle one.~e~ In favor of request Neutral to request Printed Name Telephone Number 16 CI~ OF DENTON, T~AS ClTY HALL WES ON. TE~S 78201 · 940 ~98350 - (F)9403497707 NOT'J ¢E OF PUBL EC HE. ART. A-01-0002 ' - The City Council of the CRy o! Denton will hold the first of two public hearings on Tuesday, April 3, 2001. to cons,der ennexlng appm×lmately 46 acres into the corpomts city limits or the City of Denton. Texas. The properly Is located In east Denton, south of Blagg Road, Approximately 1000 feet west of Lakevlew Boulevard as shown on the backside of this nobce Enclosed for your Information Is the annexation and zone change request schedule, which notes all the requlmd roastings The Planning and Zoning Commlsslon will hold separate public heenngs, on the same properly, on 14ledne~day. April t4, 200t, to c~nslder making e re. commendation to City Council regarding the proposed annexation and ~zonlng the unzoned property to Agriculture (A) zoning dlstric~ changing to Neighborhood Centers (NCR-6 and NCMU.~2) upoit adoptlon of the new Development Code The public heanngs will start at 6'00 p.m In the City Council Chambers of C~ Hall located at 215 E McKInney Sb-eet, Denton, Texas Because you own property within the annexafion area or within 200' of the sub]act property, the CEy Council would like to hear how you feel about this ~ zonlno request and Invites you to attend the public heatings Public hearings are designed to provide opportunities for citizen Involvement and comment Please, In order for your oplnlon to be taken Into account, return tills form with your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating In the public heanng ) You may fax it to th~ number located at the bottom, mall It to the address below, or drop it off In-person Ptannlng and Development Department 22t No Elm St Denton, Texas 78201 Attn: Beth Hudson, Planner I Please clr©ts one: In favor of request Neutral to request .('Opposed to reque~, t~ Comments: . MalhngAddress' ~ ~o~ ~ ~l ~ ~ Telephone Number: ~- 5~-O~ ~ ~[ Physl~l ~dress of Pmpe~ ~thln 200 feet..55 ~ 5. ~" 33 ~ '~'~1, ~ ~ [ NO CE OF PUBLIC A-01-0002 The Oily Council of the City of DenOn 2001, to ~nslder annexing approxi~tely 46 acres into the ~rpotete dry limits of ~e C~ of Denton, Te~s The prope~y Is Io~ted In east Denton, south of Blagg Road, approHmately t~0 feet west of Lakevlew Boulevar~ as shown on ~e backside of this not[~ Enclosed for your Info.sUch Is ~e annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission w;ll hold separate public hearings, on ~e same prope~y, on Wednesday, April 11. 2001, to consider ma~lng a recommendation to City Council regarding the proposed anneXa~on an~ zoning fha unzoned ~pe~ to Agriculture (A) zoning district, changing to Neighborhood Canters (NCR-6 and NCMU.12) upon adoption of the new Development Code The pubtm heatings will staff at 6 00 p.~, In the City ~uncl[ Chambem of CI~ Hall Io~d at 215 E MoKInney Street, Denton, Texas, Because you own prope~y within the annexation area or w~fhln 200' of the =ubJect p~pe~y~ the 0[~ Oounoll would like to hear how you feel about this annexation end zo~ln~ regueat and Invites you to a~end fha public heaSngs Publlo heanngs are designed to provide oppo~un[t~es for citizen involvement end ~mment PleBe, In order for your opinion to be taken Into account, tatum this form wE~ your ~mments prior (u [hu date o; tl~e public hearing (Thfs in no way prohibits you from a~endmg and padlolpa~n9 In the public hearing ) You may fax it to th~ number lo.ted at the boffom, mall It to the address bel~, or drop It off In-pemon Planning and Development Depa~ent 221 N. Elm Denton, Te~s 76201 Attn Beth Hudson, Planner I Please clrclo one ._ - In favor of request Neutral lo request ~;eO t..o re~--~ Comments' Signa~re ' ~ . k Mailm~ Address Zq~O .~.~ ~1~ I~ ~ I ~ ' Te ephone Number ~tq- .~0, ~ ~ . ~. [ z Physical Address of Prope~ withl'n200 feet ~t~.~H ~~T ,:~ ~ C/~O~D~O~ T~S CI~YH~LWE= ~8 'ON, TE~ 76201 · ~4o~8350, (F)~0~9~07 AREA CALCULATIONS FOR A-01-0002(Blagg Road Annex.) Calculated By IEAH Date Calculated 3/26/01 A TOTAL AREA (Site and 200' Not~ce Ama) 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 I 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 w~thln 200' of subject property 2 PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 34 8% April 10, 2001 Beth Hudson Denton Planning and Zoning Commission 221 N Elm -- Denton, Tx 76201 Dear Beth, We understand an item on your upc6mmg agenda is to consider a request for rezoning a 47 acre tract on Blagg Rd, wluch borders Lakewew Ranch We are residents of Denton, having recently purchased a new home m Lakeview P,~nch We are opposed to this rezonlng request. Rezomng this tract of land to retail and multi-family housing would, in all l~kelihood, iucreese the trafl~c around my residence, increase crime m our area and lower the value of my home We relied on Denton's master plan when we purchased our home and would be moved to leave if the plan changed to affect us m a negative way We hope the rezoning request is demed Please feel free to call us ffyou need further information or ffwe need to appear m person. Lloyd and Tardmy Day (/ (q o)z z- o sq 20 April 10, :~001 Denton Planmng and Zonin~ Commission Attn Beth Hudson 221 North Elm Denton, Texas 76201 Dear Ms. Hudson My vale and I are current residents of H~hland V]llaEe and are in the process of building our *dream' home at 7000 Appaloosa Court at !~_kev~ew Ranch in Denton Yesterday, we became very d~stressed to learn that a proposal has been presented to rezone a section of land adjoining the Lakeview Ranch fac~hty as a reteal and mult~-f~m~ly housing zone I hope you c~n imagine how conc~,',~ed we have become to reslt_-e that the very reason that we have purchased this land, our privacy and security, may now be destroyed alone with our investment The purpose of this letter therefore, since we will be unable to attend the Denton City Council Meeting on Wednesday is to stronEly protest this rezomng If there ~s some way that we may go on record m protest, we uash to do so H~ghland VillaEe, Texas 75077 Phone 972-966-6326 Fax- 972-966-6726 21 P.01 Apm-lO-01 09=O9P /~ FAX MESSAGE Richard C. & Marianne Bartz P.O Box 2929 Denton, TX 76202 Ph' (,940) 271-1392 Fax (940) 271-1393 Marl annebartz('&vahoo.com Date April 10, 2001 TO' Beth lludson From Maneamc & R~chard Banz Fax 940-349-7707 Pages l Re' Rezonmg el 47 acres on Blagg Rd Doar Beth We are new home owners ~n the l.akeview Ranch sub&v;sion and also new to the Denton area it was wRh great concern that we learned lhls morning et a pro~ lo reTone a 47-ncrc tract on &e ~ou~h side et Blagg amd The rczomng would ~ ~o allow for apa~ment~ ~d retml We moved ~o Denton ~d this ~ea W ~ in a quiet resldcntt~ comm~ny wMlc mill ~mg able to d~ve to the retail facllal~s m to~ We dtdnh want all the Ihtn~ ~at Pl~o ~d C~llton had to offer (high lm~c, crime ~d norse) Wg ieel that allowing t~ reining of~h~s area would adve~ly ~fect the m~gg~ of what ~s developing ~ a wond~tul ommum~ We do not ~ow how ~t would aff~t our pm~y value, however, ~t is Iht the a~ve rc~fons that we pray you do not approve ~e rezonmg of fins l~d tot a~m,en~ and searl If you ~ve any quemo~, ple~ conm~ us at ~e a~ve numMr or e~fl ~dress M~n~ & ~chard B~ 22 AGENDA DATE: July 17, 2001 DEPARTMENT: Planmng Department CM/DCM/ACM: Dave Hill, 349-8314/.~ SUBJECT - Z-01-0004 (BlaggRoad~4nnexatton~4rea) Hold a pubhe heanng and consider adoption of an ordinance approwng the zomng, upon annexatmn of approximately 46 acres of land to an Agriculture (A) land use classification and zomng d~stnct The s~te ~s generally located on the south of Blagg Road, approximately 1000' west of Lakewew Boulevard The Planmng and Zoning Commission recommends approval (7- O) (Z-Ol-O004) BACKGROUND The apphcatwn ~s m conjunction w~th an involuntary annexation for the Blagg Road annexation area (A-01-0002) to zone the proposed property into an Agriculture (A) zomng d~stnct The s~te is undeveloped ~ The subject property ~s located m the Extratemtonal Jurisdiction of the C~ty of Denton, Texas and is unzoned at this t~me ~ Typically, the City of Denton zones property that ~s annexed ~nto the C~ty Limits to an Agriculture (A) land use elass~fieatwn and zomng chstnct Not,ce was given that the s~te will be placed m~t~ally Into an Agriculture (A) chstnct and into a different zoning classification upon adoption of the draft Development Code and draft Zoning Map ~ Fourteen (14) property owners were notdied of thc zomng request One (1) response m favor of the request and four (4) responses m opposmon to the request have been received (See Attachment 2) In general, those opposed are concerned not w~th the Agricultural zomng, but to th~ proposed draft zoning of NCR-6 (6 umts per acre) and NCR12 (12 units per acres) They beheve that allowing such increased density wdl chmmate of the rural character of the area OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny, 4 Postpone consideration $ Tablel;tem RECOMMENDATION The Planning and Zomng Commission recommends approval (7-0) of th~s zoning request 1 ESTIMA~rED PROJECT SCHEDULE None PRIOR ACTION/REVIEW The following 1s a chronology of Z-01-0004, commonly known as Blagg Road Annexation Apphcatl0n Date - January 10, 2001 DRC Date - January 18, 2001 P&Z Commission Date - April 11, 2001 City Council Date - June 5, 2001 FISCAL iNFORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term pubhc improvements that are the responsibility of the city ATTACHMENTS 1 Location Map 2 Planning and Zoning Commission Report, April 11, 2001 3 Planning and Zoning Commission minutes from April 11,2001 4 Draft Ordinance l~pect f~lly submltt,,~ed . Douglas~S Powell, AICP Director of Planning and Development Prepared by Beth HudsOn Planner I ATTACHMENT NORTH Z-01-0004 (Blagg Road Annexation Area) LOCATION MAP Pg 3 Scale' None Agenda No ~-,.,~ -'"" ~ "1~ ~ f "- Agenda Item.~.~_~[~ ' ATTACI-IY,_Et'I'~ 2 Da,~, ~ PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO PLANNING AND ZONEqG COM/vIISSION PROM' BETH HUDSON, PLANNEK I SUBJECT' BLAGG ROAD ANNEXATION AND ZONING 9 A - Consider and ta~e actxou regarding the involuntary annexation and semce plan for approximately 46'acres The Site is located m Denton's eastern Extra-temtonal Junsdmtion, on the south side of Blagg Road, approxtmately 1000' west of Lakewew Boulevard A single family subdivision is proposed (A-01-0002, Blagg Road Annexation, Beth Hudson) 9.B - Hold a public heanng to hear public comments regarding the proposed annexation and proposed zoning to the Agriculture (A) zoning district, tranmhomng to Neighborhood Centers ('['qCR-6 and -12), upon adopbon of the Development Code, regardmg the above referenced property (Z-01-0004, Blagg Road Zoning, Beth Hudson) DATE AI~RIL 11, 2001 Phase/md attached a copy of the April 17, 2001 City Councd Staff Report relative to the involuntary annexauon and service plan for appro~,m~tely 46 acres of land The site ~s located m Denton's eastern Extra-territonal ~unschotion, on the south szde of Blagg Road, approximately 1000' west of Lakewew Boulevard Staff recommends the planning and Zoning Comm~ssion open the pubm hearings for the annexation and zoning at the same tune to receive comments and, after closing both public heanngs, make separate motions on the annexabons and then the zoning case Staffhas recommended the proposed ~nwexat~on property be zoned Agriculture (A), tranmt~onmg to Nexghborhood Centers (NCR-6 and -12), upon adopt~or~ of the Development Code The Agriculture zoning district ~s the most restnctwe dlstnct end ~11 preserve the general condltmns of the site, until the City finishes the rezonmg efforts that began m February, 2001 The Agriculture zoning district is typzcally used as the first zoning district a property receives upon annexation rotc the mty hmlts C~ oi De~t0n, pl,,.,,,mg ~ud Development ~. 2ll N ~1~ Denton, T~ 76201 ~ ~ofd~toa eom (940) ~4~ 83~0 ~ (~40) ~4~-~o7 AGENDA INFORMATION SHEET AGENDA DATE: April 17, 2001 DEPARTMENT: p]~g Departmant CM/DCM/ACM: Dave ~dl~ 349-8314 SUBJECT- A-01-0002 (BlaggRfad,4nnexatton,irea) HoM the second of t~vo pubhc heanng regarding the involuntary annexahon and service plan for approxunately 46 acres of land m the eastern sechon of the City of Denton Extratemtonal ~unsdlct~on (ETJ) The me is generally located on the south side of Blagg Road, approximately 1000' west of Lakevie~ Boulevard (A-01-0002) BACKGROUND · An involuntary annex~on proceeding is being considered by the C~ty of Denton for the Blagg Road annexation area (See .Attachraent 1) The first of two reqmred pubhc heanngs was held during the April 3, 2001, Chty Council meeting Dur/ng the meeting, C~ty Council received comments from surrouadmg nelghbors In response to the comments regarchng density through zoning, C~ty Council noted ~hat zoning of flus property wall take place at future meetings Written comments rece~ved~ prior to flus heanng, are prowded (See Attachment 5) C~ty Council vall conduct the second of two requtred pubhc hearing on April 17, 2001, to hear pubhc comments and ~ke action regarding the proposed annexahon and serwce plan As indicated m the ~-~nexauon Schedule (See Attachment 2), the first reading of the Blagg Road annexahon ordinance as ~hedukd for May 5, 2001, and the second rending is scheduled to occur on June 5, 2001 Bo~h readings of the ordinance reqmre super-majority adoption by C~ty Council as per City Charier requtrements SERVICE PLAN As per state law, a set,ace plan has been prepared and made available for pubhc anspect~on (See Attacb_ment 3) Becau.~e the area to be annexed contains one abandoned house, ~mraechate demand for Sel-~CeS as low. 1%tare development of the 46 acre tract ~s anhc~pated to use only 41 acres of bmldable land, ~,'~ng into account approxunately 5 acres of Enwronmentally Sens~tlve Area The annexed tract will be entatled to c~ty pohce protection, fire protechon and prevention, emergency me&cai set,ace, sohd waste collectwn, maintenance of roads and streets, hbrary services, code enforcement, building ~nspect~ons and consumer health services, and planmng and development services upon the effective date nfthe annexation OPTIONS 1 Maintain land area 2 Delete land area 3 Amend Scl'Vice Plan. 4 Deny. 5. RECO1VLX ~NDATION - Staffrecommends that the annexation process proceed as scheduled Staffrccommends approval of the Semce ~Plan ESTIMATED PRO/IECT SCHEDULE Council is scheduled to hold the first reading of the annexahon ordinance on May 15, 2001 and consider adoption of the annexahon ordinance at the second reading on June 5, 2001 PRIOR ACTION/REVIEW The issue of enuexatlon of tlus are~vas first raised as a result of the property owner's representauve requesting nfformat~on on development regulations for the subject property A concept plan was presented to staff, showm§ 142 residential lots, w~th approximately 10,000 square feet per lot As this property ~s located m the ETJ, development would be subject to only the Chty's ~ub~vmon regulations, but not any zonm§ regulahons The folloxvmg is a chronology of A-01~0002, commonly known as Blagg Road Annexahon Imttal Contact Date- December 13, 2001 Pre. Design Apphcatwn Date - January 8, 2001 City Council Y~/S Date - January 9, 2001 DRC Date - January 18, 2001 Petmon filing Deadhne - March 26, 2001 City Council Date - Apnl 3, 2001 P&Z Co~m;~slon Date - April 11, 2001 FISCAL ]SN"FO P~M_ATI ON Developm~t of tlns property will increase the assessed value of the city, county, and school d~stnct It ~ require no short.term pubhc m~provements that are the responsthlhty o~f the city Douglas S Powell, AICP D~rector of Planntng and Development Prepared by Beth Hudson Planner I ~ ATTACHMENT 1 A-01-0002 (Blagg Road Annexation) NORTH ,, c ZZ LOCATION MAP Pg 7. Scale: None ATTACHMENT 2 ANNEXATION SCHEDULE for the Blagg Road Annexation Area Fnday, Mamh 1, 2001 Involuntary Annexation Petition filed, Annexation Study & Service Plans drafted, 30 day notme of intent to annex sent to the property owner ~nd each public entity or private entity that provides services in the area Fnday, March 16 Annexa~n Service Plans completed Wednesday, March 14 Notice sent to be pubhshed on Saturday, Mamh 17 on C~ty Website and in Denton Record-Chronicle for City Council's first pubhc heating Fr,~day, Mamh 16 Property owner nobces and Posting of signs Monday, March 26 Deadline for receipt of petitions for opposltion (10 days after notice) Tuesday, April 3 City Council conducts first public hearing Wednesday, March 28 Not~ce sent to be published on Sunday, April 1 on City Website and In Denton Record-Chronicle for Planning and Zonmg's pubhc hearing on annexabon and zoning and for second C~ty Council public heanng on annexation and zomng Wednesday, April 1 t Planning and Zoning Commission's public hearing to consider making a recommendation to the C~ty Council regarding the proposed annexation'and the proposed zoning Tuesday, April 'i7 City Council conducts second public hearing Sunday, April 29 Annexation ordinance pubhshed on City Webslte and in Denton Record-Chronicle Tuesday, May 15 First reading of annexation ordinance - City Council by a four- fifths vote Institutes annexabon proceedings Tuesday, June 5 Second reading and adoption of the annexation ordinance and zoning ordinance - C~ty Council by a four-fifths vote takes final acbon 8. ATTAOHMENT ~ CITY OF DENTON ANNEXATION PLAN FOR A-01-0002 (BLAGG ROAD) I AREA ANNEXED Tho annexation area is located m the eastern portion of Denton's Extratemtonal Jurisdiction and contains approxunately 46 acres along the south side of Blagg Road approximately 1,000 feet w,{.st of Lakeview Boulevard The annexation site 1s found south of Blagg Road, approxnnately 1000' west of Lakevlew Boulevard H INTRODUCTION Ttns service plan has been prepared m accordance vath the Texas Local Government Code, Sectmns 43 021, 43 065, and 43 065C0)-(o) (Vernon 1999, as amended) Mumclpal facilities and servuces to the annexed area descnbed above vail be provxded or made avmlablo on behalf of the C~ty m accordance vath the following plan The Cxty shall provide tho annexed tract the levels of servucc, mfxastructure, and infrastructure maintenance that are comparable to the levels of sennco, infrastructure, and ,nfrastructure maintenance avmlabl¢ m other parts of the c, ty wth smular topography, land use, and populahon density l~ AD VALOREM (PROPERTY OWNER) TAX SERVICES A Pohco Protection, Code Enforcement, and Annnal Control Pohco serwce, including patrolhng, response to calls, and other routine functions, vall be provided to the property upon the effect,ye date of the annexation using exxstmg personnel and equipment Code enforcement and an,mai control set,aces vail also be provided to the property upon the effectxve date of the annexation B Fxre Protection Fxre protection (vathm the Imuts of ex~stmg hydrants) and emergency mechcal services will be prowded to the'property upon the effective date of the annexal~on The C~ty of Denton will provide emergency Medical servxcas, ('~MS") C Road and Streets Roads and streets, wlnch have been properly platted, duly dechcated, and accepted by the Cxty of Denton and/or Denton County shall be maintained by the C~ty of Denton on the effectxve date of the annexatton New traffic control devices vail be installed as approved by the Denton C~ty Council Installahon and maintenance of street s, gns, street hghtmg and traffic control devices v~ll be maintained by the Cxty of Denton on the effective date of the annexation C Parks and Recreation Faclhties Parks and recreational faciht~es m the area to be annexed will b¢~n upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located vathin the proposed annexation area Denton neighborhood park famhties are the which are located vothm reasonably close ~stance of the proposed annexation area Residents of the proposed armexatmn area will be able to use existing C~ty of Denton park and recreation famhties and programs D. Lthrary Services/ Library services v~ll be made available on the effective date of the annexation on the same basis and at the same level as sumlar library faci.hties are maintained throughout the mty B Bmldmg Inspections and Consumer Health gemces Building inspections and consumer health services vail be made available on tho effective date of the annexation on the same basis and at the s~me level as slm~l.ar facilities are maintained throughout the City Both serwces are provided on a "cost recovery" basis, and permit fees offset the costs of sendces delivered Incomplete construction must obtain bugdmg from the Bmldmg Inspections D~partment of the City of Denton F Pl~nmng and Development Services Pl~nmng and development services vall be will be made available on the effective date of the sn~exation The Plannm§ and Development D~parlment currently services tins property by way of v~tmm~stration of Chapter 34 of the Code of Ordinances, concerning subd~wmon and land d~velopment regulahons C~ty Council adopted The Denton Plan, the city's 1999-2020 compreh~slve plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land m the mty and.its I~.T~, and the subject tracts co~!~m a Community MLxed Use Center, Nmghborhood Centare, Emstmg Neighborhoods / Infill Compatlhihty Areas, and 100 Year Floodplain / Enviro~mentally Sensitive Areas The Denton Plan designates futu~ laud uses to manage the quality and quantity of growth by orgamzlnl the land use patterns, by matching land ns~ intensity with available infrastructure, and by preserving floodplains as enwronmental and open space comdors The Denton Plan will be used as a basis for final zoning classifications after the properhes are mlnexed IV UTILITY (RATEPAYBR) SERVICES A Sohd Waste Collection Tho City of Denton is the exchimve remdential and commercial sohd waste semce prowder m the C~ty The Department ~s au enhrely fee based 10. operation and received no resources from taxes Sohd waste collectzon senuce will be provided to the pwperty upon the effective date of the annexation using erashng personnel and equipment Resxdents have the option to choose between a private company or service with the City of Denton The City of Denton Solid Waste Depa~hnent will honor erastmg co~tracts with private solid waste service providers after the effective date of fins annexation m accordance with Texas Local Government 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 requestJapp~hcafion for service Currently the site contmns one vacant residential structure B Watar/Wastewater Facihfies Maintenance of water and wastewater facilities m the area to be annexed that are not within the service area of another water or wastewater uhhty will begin upon the effective date of the annexation using erastmg personnel and eqmpment Currently, the area to bo annexed is provided with a private water well and a private wastewater system lqo City of Danton water or wastewater lines ex~st m the ~nexafion area The City shall provide a level of water and wastewater semce, mfi-astmcture, and infrastructure maintenance that IS comparable to the level of services, infrastructure, and m~r'astmcture maintenance available m other parts of the city with topography, land use, and population density s!mfl/Ir to those reasonably contemplated or pro~ected m the area C Drainage Services Drainage maintenance will be provided to the property upon the effechve 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, mfrastructut'e, and mfri~structure maintenance avmlable m other parts of the city with topography, land use, and populahon density s~m,lar to those reasonably contemplated or projected m the area D Electrical Sepaces Denton Mumclpal Electric 18 certified by the State and is obligated to provide electric utflxty service to the annexation area should a request be made by a property owner Electric uhhty service will be made available on the effecuve date of the annexation on the same basis and at the same level as s,mdar facilities are maintained throughout the elty Denton Mumelpal Eleeme is the current electric servace provider for tlus site V OTHER SERVICES Other services that may be provided by the City, such as mumelpal and general a~mm~stratlon will be made available on the effective date of the annexation The 11. City shall prowde a level of sen~ices, infrastructure, and mfrastructure maiutenance that is comparable to the level of services, infrastructure, and mfi'ashuctm-e maintenance avmlable m other parts of the City v~th topography, land use, and population density sirmlar to those reasonably contemplated or projected m the area. VI CAPITAL ]IMPROVEMENTS PROGRAM (CIP) Constructton of addtttonal water, sewer, street, and drainage fa¢,hhea w~ll w~thm two and a half (2 ~) years unless certain services can not be reasonably provided w~thm that penod ~.If ce~tam serwces can not be reasonably provided, the City wll prowde those serrates wlth,n four and a half (4 ½) years after the effective date of the ~nnexation unless the constructlon process is interrupted by c~rcumstances beyond the control of the City Constructlon of other capital ~mprovements shah be considered by the City as the needs dictate on the same basis as such capital ~mprovements are conmdered throughout the C~ty VII UNll~OR1VI LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall requtre the City to prowde aumform level of full mummpal serv~cea to each area of the City, including the annexed area, if dlffere~ut charactensttcs of topography, land use, and populahon density are conmdcred a suffimant basis for prowdmg different levels of semace VIII TERM Tins semace plan shall be vahd for a term often (10) years Renewal of the service plan shall be at the (hscretton of City Council IX AMM2qD1V~NTS The semace plan may be amended if the City Council determines at a pubhc heanng that changed conchhons or subsequent occurrences make thru service plan unworkable or obsolete The Chty Council may amend the serwce plan to conform to the changed cunchhons or subsequent occurrences pursuant to Texas Local Government Code, Section 43 055 (Vernon Supp 2000) 12. NOTICE OF 'PUBLIC HEARINg' 0002 ' A01 " - The City CounciI of the Oily of Denton will hold the fl_ r.st .o.f two publ}¢ hearings on Tuesday, April 3, 2001, to consldel~ annexing approximately 46 acres Into me corporate city limits of the City of Denton, Texas. The prop:er~, is located In east Denton, south of Blagg Road, approximately 1000 feet west of La~evlew ~oulevprd as show, n.on ~he backside of ~thls nofl .ce, Enclosed for your informat~on ~s the annexation and ZOne change r~q[[est schpdule, w.~ch, no!_es all the. re~lulred m~tin~s, The.'l~./~'~nlng and Zoning Commlsslon w~ll how separafe public heanngs, on me same proper~y, on Wed~6sday, April f~ ~00~, ~o conslder making a recommendaf]on fo CHy Council regarding fha proposed annexaflon andl zoning fha unzoned property fo Agriculture (A) zoning dls~ric$ changlnE to Neighborhood Can fats (NCR-6 and NC'~fU-~2) upon, adoption of fha new Developmen~ Code. T~.,...,,~.,,. ~,.o.~,~.,o .,m ~e ,=f mn0 n m In the City Councll Chambers of City Hail located at 215 E McKlnney Streeti Denton, Texas. Because you own proper~y within fha annexabon area or wlfhln 200 of ~he sub]eot prop. er~y~ fha CI(y Council would I~ke fo h. ear how you feel about fhls ennexaflon and zonln~ reques~ and invites you to affend fha public heanng$ Public hearings are designed to provide , opportunities for ,dtlzen Involvement and comment. Please, in order for your opinion to be taken Into account, return thls form with your comments prlor to the date of. the public heating (This in. ~o way prohibits you from affendlng and partldpaflng In ~he publ/c heanng.) You may mx It to th~ number located at the bottom, mall it to the address below, or drop It off In-person' Plannlng and Development Department 221 N. Elm St, ~, - - Denton, Texas 76201 . Attn: Beth Hudson, Planner i Please circle one: Comments: We favor the zoeP,nE request with the following conditions. Contractor to be ~1~n~tec~ to 3 houses per acre lqo trees to be remOve~ on the frontage property due to roa~ expansion or other i~ork on Blagg Road l{esiden~, on ~la~E Roa,~ wpul~ have a~ford~ble 'or free ~ccess Mailing Address: 55[t s[sSs [o~4 Ot~, State ZIp: De=~o= ~ 76208 Telephone Number. 9~o-~83-7&3~ (sas~.ss) '~. Physl~l Address pf Prope~ within 200 feet'_ 5511 ~lsss Road C]~OFD~NTON, T~$ O~L~ 13. m%~s 78201 · ~0.~9~50 ~.(~e40~.7707 I lap" 1[} NOTICE OF PUBLIC HEART. FIG 01 0002 ' ' A' " The O1~ Oou??l of the. -,--,-,., ~ e~e$ t~o ~ c0rpoc~te city limits of ~ ci~pf ~anton, .~0 , _ ~ ......... .~.~. s0~of~lagg~oao, appro~matetY3~uzeetwestof I e~s. J ne prope~y IS IO~tep in euu[ ~e~ew ~u]ew~ ~s show~ on ~e L , . . . ._~_,_ whlo~ notes all ~e reqmred meeungs, The Planning annexatlo~ ~d ~o~e c~a~ge request sone~u~u, ,. nln Commission w~l hold separate publlo headng? on ~ same propedy, on Wednesday, and Zo g ............ ~.*lon to City ~ouncll regarding ~he propesed Neighborhood C n ~: . . ~ .. =-. .... ~_ ~m, p~.~q Ohembers of Ol~ Hall Io~d et 215 E ~he ubl[o, headngs will sta~ at ~.00 p.~, m m~ ~[~ ,,,.~ ~k~ o~nexatlon area or within 200' MoP.ney 8treat, Denton~exas, Beoau~e~,~ opp ~ u this form w[~ our ~mmem~ prior [u Om date or 0~8 pueblo.headeD (~fs ~po way a~pnt, ret ~ . . Y ....... ,_- ,- ~k. -.bllo heari~o ~ You may t~ it to ~he number p~Ib~ you ~rom a~eno~ng an~ pa~loipau[~ ~. lo.ted a: the bosom, mall 1~ to ~e address oel~, u~ u,-v ,- ,, . - . Planning and Development ~ ~. Etm De~to~ Texas A~n: Beth Hudson, planner I _ ' Please olrole one: - In favor of mRuest Neu~l to mqu~t · ted Name' CI~ OF DE~ON, NO CE OF P BL[C A-O~-0OO2 ~e Cl~ Council of the ~ of Denton ~1 ho~d ~e first of ~o public hearings o~ Tuesd~, April 3, ....... ' - '~ ..... l~to ~e ~momte dry hmlts of the CI~ of Denton, 200~, to ~nslae~ anne~ appr~ma[~y, ~v ~, ~ .... , .. - - .- LeNeview Boulev~ as sho~ ~ ~e bac~ld~ of ~ls n~l e. Y ' he annexation and zone change requ~t s~ule. ~ notes ~1 the required meetings and Zoning Commission will hdd ~mte p~bEc /zeaSngs, on the same pmpe~y, on Wednesday, April ff~ 2001, to co~sMer mains a ~commendatlon to City Council regarding iha proposed ann~aflon and zoning ~e u~one~ pmPe~ to Agrl~uJfure (A) zoning d/strl~ changing to Nelgb~orhood Centers (NCR-~ an~ NOMU-f2) upon adop~on of the new Development Coda T .... F ............ In the City Councll Chambem of CI~ Hall lo.ted Mc~nney Skeet, Denton. Texas. Because you ov~ prope~ within the annexation ama or wlth~n 200' O~ ~e subJe~ p~pe~ ~e O~y Councg ~uM ~e to hear how you feel abo~ this ~nnexaflon and zonlnp reoues~ end Invites you to affend ~e public hearings. P~bllc hearings am designed ~o provide 0ppo~nlties for ~tl~n Involvement end ~mmen[ Ple~e, In order for your oplnlon to bo taken into ac~un~ tatum thls fo~ wl~ yo~ ~mmen~ prior ~ the date of ~e publlo hearing (Thi~ln no way nr~h~h~.~ ~ntJ ~ram ~ff~n4ina ~nd n~dpaEng in ~e public hearing.) You may fax It to ~ number Planning ~d Development Depa~ment 221 N. Elm Denton, T~ 76201 A~m Beth Hudso~ Planer I -- Please circle In favor ~ mque~ Neu~! to mqu~  ents: ~ .~ Malllng Address~, ~ ~ Telephone Number: ~¢0. Physl~l Address of Pmpe~ wl~n 200 feet. _ , . CI~OFDEN~N. T~AS c~v 15 ~ON, T~S 76201 - 940~9,8350 - ~}940.3497~07 03/23/2001 ~S.'32 94B~82461{) left SY-C;TF-Jv~ 'tHC {l~.~ PA~E: NOT CE OF PLIBL C-HEAR]:NIG; A-O14002 -' 'rhe Ci~r Council of the City of Dented Wlll hold the first of two pub)I~ hearings on Tuesday, April 3, 2001. to consider annexing approximately 46 acres into the corporate dty Ilml~s of the City of Denton. Texas. The propep.'y IS lo,c~ted In east Denton, south of BJ.a. gg Road, approximately 1000 feet vest Lakevlew I~oulevar'({ as shown on the backside Of thls nolJce, Enclosed for your Information is the anrtexatmn and zen e change redl uest schedule;whlch, notes, all the required meetings. 'r/ye P/annln and ;Zon//~g Commlsslo~7 v, fll bold separefe public heannge, on the same property, on I~/edr~esday, April ~t, 2001, to consider maMng a recommendafioxt to City Council regarding the propOSed annexation and zonln~7 {he unzoned ~rope~y to Agriculture (A) zoning dlstrlc~ chan~Tln~ Nelghborbood Ceniers (NCR-6 and NCMU-~2) upo~ adopllon of the new Development Code. The public fleafings ,,viii start at 6.00 p,m. in the CI~ Council Chambers of City Hall located at 215 E Mc'Kinney Street, Denton, Texas. Because you own pro/~sriy wlfhln the annexafion area or u//Th~n 200' of the sub]eof properS, {he CI~/ CouncE would tike to bear bow you feel about this ~zonJno re~ue~ and ~vltes yov to attend ihs publ£o healings. Public heatings ere c}~nec{ to prodde opportunltles for cif~an involvement and commenL Please, In order for your op~nlon ~o I:~ tal(en Into account, return this form ~ your comments prior to the date of the public hearing. (Th[sin ~qo way prohibits you from attending a~d par~fclpab~7 in the p~bE<) besting ) You may fax It to th~ number located at the bottom, mall it to the address be~ow, or drop it off In-perean: Planning and }eevelopme~t Department ~2'J N. Elm SL De~nton, Texas AS.L-: Beth Hudson, Planner ! Please clmis one: in favor of request Neutral to request .~.~-pposed t° reque?.~ Comments: Tetaphone Number: DENTON CO ~ Fax:9405655649 Mar 50~001 15:",S P. 01 A.01-0002 ' The CKy Counoll of the City' of Dentor~ will hold the flat of two publio hearings on Tuesday, April 3, n a roxlmatsly 46 mores Into ~e c~r~orat, e clty lim. lts of the City of Denton, 2001, to conslder anr~.exi, g. pp of Bla g I~oao, appro~ lm~te~y~.000 fe.?t.w.est of i sated In east Denton, south g Texas. TI~a property m o ....... ,~- -= ,~= -=floe I=nciossd for your Irltormallon IS the 0 an e re ueat ~-r~uu¥ ~, · 011 We~nesd. annexation anct zone ~ g ... ~.q ...... · ....~ hearin~Ts, on the same prop r~y, ay, and Zoning Commi~s~on Will ~07. sapa~=,= ~'--~"-=~-~,~-'~o Ci~v Council regarding the proposed A rtl fl, 200t, to to.hairier making · reoommo~u~='~o'~icultu~ (A) zoning dl~4of~ =hanging to unzonec~/proper~ afi~exa~on and zoning the Nelghbor~o¢~ C~nte~ (NCR=6 and N'dMU42) upon adoption of ~he new Development The publ~o, hearlngs w~ll start at 6:00 p.m. In the C~ Council Chambers of Ctty Hall located at 215 E ' s, Because you ow~propar~.withln fhe.an.nex, atto. n. efea orwithh 200' McKinne Street, Denton, 'Taxa _ ,-, ,-,... *-, ,~ear I~nw vou ~aeJ BDOU~ ~qla annexation and .zo~ aaa Invites y?u m sFen=. ~%~_~___~='_=~, '~'~, in order for your o~lnlon to be taken Into "~ 'for Clt!Z~ll In¥oNernant. eno. c. or~u, ~,=,,,.. --. account, return t~$ form with your comments prior to the date of the publ~o hearing (This in no way prohibits you from a~fendlng and partlclpagng In the publi= hearing ) You may fax it to th~ number Iocat~ at the bottom, mall It to the address below, or drop it off in-person: Planning and DeVelopment Department 2~'l Id. Elm St. Denton, Texas Atin: Beth Hudson, Planner I Please tlr=la ~na: ~ AREA CALCULATIONS FOR A.0'l-0002(Blagg Road Annex.) ~.,alcu?ated By EAH Date Calculated 4/5/01 A TOTAL AREA (Stte and 200' Notice 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 OPP~)SITION 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 3978/528 Blagg Road 83,681 s f Total Area ~n Opposition 563 t71 s f Area of property within 200' of subJec~ property 2 PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 40 1% 18 Page 95 1, , ~.~ I do lmvo coacc~s a~o~ b~l~y ~ .~-~,w~ch wo~d 2 ~ 2 ~ow 12 ~ ~ a~ ~ ~ as ~ ~t of 4 Pl~nnt~S ~d ~ ~mt~l~ ~d at ~s Po~~'~ 4 At ~ ~ I~n't ~ I ~ ~yc~ ~ ~yfor~daI~No 9~dMs Hu&~lsgoMg~ ~ tnfo~gon~dlm~c~ttc~sstonmdohavc 8 ~ C~und~had~t~Ct~staftob~gn'annexah~ 8 9 -of~c pI~ of prop~ ~t yo~ ~ ~ wMc~ is on 10 ~u~ stdo of BI~ Road j~ ~t of ~v~ 12 f~t of a dovelop~ b~ a pmpos~ t~s for a ! 13 pr~d~ ~ ~mp~SiV0 PI~ ~at we ~ ~t 13 ~o ~on ~'vc p~ it ~ ~ ~vo Is ~ -~'vc~d 14 C~S for ~s ~ to b6 m a now n¢I~borhood ~t¢r, 14 ~o pubho ~s f~ ~ zontn$, ~o ~ ~ but 1S I thl~k I ~oMd ~ at ~s poin~ ~ 1 16 Mo~C~ do you ~t to hold ~o pabHo ~S for bo~ 16 1 ~ ~ ~a~ ~d ~e ~ It M ~ ~ or wo~d 1~ So ~ m - ~'$ ~ a ~wfold ~on ~t when 18 you ~ do ~ ~p~l~ 18 it's ~ tt ~ bo AS ~d ~ It wo~d ~Mon 19 ~M~ I wo~d ~ but I'~ l~vo ~ It Mp t0 ~O ~mml~0a~, ~a!~fi op~ bo~ of 21 ~m~e~mo~ D~body~t0~fi 11 adop~W~o~i~auon Wo~vo~d~ ~ Okay Oo ~ ~, 22 ~ ~ ~d 6 but ~ ~ss:on co~d ~d any of ~o 23 ~ ~OH ~ ~ ~p~vo Plan is 23 n~b~h~ ~ d~;~aUons ~at ~ wo~d ~ I 24 ~m~g ~l~borhoo~ ~d n~borhood ~ ~ 24 j~t ~ ~ ~ ~t ¢l~oahon Pago 94 Pago 1 ~~p K~d~t~ I c~ffon~bo~f~smffat~spo~ ~y 3 o~2d~ ~ ~W ~, ~ 2 8~ subj~t ~ ~ 3 ~ ~m on o~ A~c~nt No 1 ~ a 6' a~utU~iW~aboutMc~~ ~sJs~t~o - 6 b~t~,~'salongs~-I'mso~,~L ~a - 7 ~ph~ of,~e nS~borh~ ~fo~ it sho~d ~ 7 p~ of w~ ~ ~bpmcnt is ~t's off of 8 ~ ~t ~o ~n Of ~ ng~borh~d P~ of it 8 9 d~w~t~ca~n~bor~C~/~o 9 ~oN ~app~noL ~opmp~ I 0 ~ch d~ ~o~ f~ a b~d v~e~ of m~ hclu&ng I 0 o~ ~t I 12 ~ p~pos~ ~t ~ apphc~n~ have ~ro~t 12 13 ~ ~, ~t had sM~fam~ly on ~e whol~ ~t of ~ 13 ~ ~ S~ ts ~t long 14 p~o~ so I ~ ~ o~ ~p~stvo P~ mana~ and 14 15 1~ at doing, at ~o~g ~ N~ po~on alo~ ~o 15 ~0N ~hat's ~c ln&~on$ I ~vc 16 n~ ~ ~d do~g m~y a combMaflon of 16 ~ ~t ~ a ~bsi~ of ~o ~ ~nch pmp~, 17 nfi~b~h~d ~ at s~ and 1~ ~ an ac~ 17 ~t,$ not s~g ~t I havc info~gon f~ 18 Wc ~d ~vo ad~on~ ~s in 18 ~ ~ o~y Bm ~at Is sm~y a 19 oppo~on sM~ ~ ~o ~t yo~ packet was d~oP~ 19 s~m~- o~Y IJ~t- ~ you 20 ~o of ~o ~s, ~ no~ on ~ ~nt of ~, ts ~t 20 ~ ~ ~ ~ o~ qu~o~ for 21 ~on~tyou'm~t~ou~idoof ~1 s~ ~.~uv~muck ~sh~ni~holda 22 ~ S0~foot no.ca.on b~f~ 22 pubh~ ap~ so ~ m ~ ~ ~t one is L~ ~m~ Y~ PL~O &{ZO~O CO~SSIO~R ~ 11, 2001 Page 93 - Pag~ 96 f Cond~nsoltTM I P~o 97 Pa~e 99 1 MS TaAM~, My n~e is L~n ~ ~d I Hvc I ~s oztu ~bm Od~ ~d I h~ at 2 ~ 5~3 Bl~ Road w~ch ~ J~t g~t ~ ~ ~ 2 B~, fl~t a~oss ~ s~ ~d my f~g b ~ 3 from~e~~d~Sopm~t ~dlmnot 3 s~h~s Wemov~out~bou~t~dabout 4 oppo~ at ~ t6 ~xa~on or e~ much ~ ~ 4 s~ ~ ago, bou~t 30 a~, and ~ ~ ~ ~ ue~borhood ~, but ~ ~ road of Bl~ ~ch ~ co~ ~d ~ love ~ ~un~ It's ~u~ 6 Is only about 1,1, 1,2 ~I~ 1~ Is ~1 ~ 6 s~ and s~s~ ~at you wo~d not ~ 7 And It's not ~n~velo~ prop~. It's 7 But If ~ s~ pu~ng In h~m s~ ~d 8 mostly sm~f~ly hom~ of ~ple ~t ~ h~g on ~ lo an ac~, ~'m not going ~ bo ~ an~. ~d so 9 o~five, 10,20a~ Audm~tof~f~L~dI'm 9 ~wouldobj~tto~ We~a~dy~ I0 o~y ~ng fer ~If, ~o~, ~ ~ ~ 10 a~ ~ a~dy b~n ann~ 11 le~ ~ on~ ~[t ~ ac~ ~o ~Its ~ a~ ~ ~ v~ 11 and ~ don'l ~nd ~e ann~ation But ~ ~d ~ Io 12 m~ would just ~y d~y ~ b~u~off~ ~ 12 ~ it ~ one or ~ ~ p~ ac~ ~a~ ~u 13 We b~ up ~ ~o~w R~c~ ~ch ~ ~ to I~ much 1~ ~ha~ehay, we~vcs~kpon~ ~d~~ 1~ forco~s Wo~voonoad~gon~c~ i6 ~n~xcd In at s~ or 12 ~ ~ ~ ~ I ~'t ~ 16 ~ lanl~ B~ opp~ ~ p~ b~ng 18 h~a~lot~Sou~. I~'t~m~how~ 18 19 ~ wo~d ~ at s~ or 12. Wo'~ ~y ~n~ 19 ~ ~ an~no ~ ]n ~ au~ w~ wo~d 20 a~ut ~t Wo~d ~o to have ~bo~ ~d wo~d ~ l0 ~ ~ s~ Pl~s~ c~o fo~d ~d s~ yo~ ~I ~pPY ~ ~ 1~ ~sIW. 21 ~d ad~s for ~ 22 And I ~ ~t to say ~t I ~ow ~ ~ 22 ~ ~ I'm To~y Bi It T~ 23 ~ople who ha~ pmpo~ ~ d~elopm~t ~ propos~g 13 ~clopm~t and ~'~ ~c d~8o~ of ~ ~nck 24 about few unl~ ~ ~ Of ~ ~ ~ ~cl~dmE 24 ~vo a p~Mplo~p of ~ ~nck 25 ~ ~c, you~ow, p~b~cu~sold~'t~oi'w~ 25 sayj~tacouplcof~ngsand~atis~o~onwchad P~o98 ~ j Pag~ 100 I b~ ~ ~d up B~ ~ but ff~ lmw h ~ at 1 2 sk or 12, ~ ~ b~d at fo~, ~n w~ ~ 2 ~ ~wn and ~t ~ ~ ~eh - ~'s a ~t 6 so ~t ~ en~ s~t ts not 1~ at as ~ cm~ 6 10,~00 foot b~, and 7,000 foot as ~ got ~ ~ 8' ~t h~ b~ ov~h~ by a comp~x~ ~ P~ 9 ~ V~o~ ~u~ 9 ~d~noa lot ofworkon ~L i0 S~. 10 Wob~ ~t ~t ts ~o d~o f~ w~t ~ 11 ~a~ oh, c~ I say one m~ ~ 11 s~ ~o ws~on for ~at p~c~ ~ of ~n' We 12 ~ ~ ~ 12 ~ t~ oust ~ bo a h~ b~t moro no~d ~o housing l~ ~s ~ Iw~ycou~ 15 ~d~t's~cwaywo~vcm~do~ ~d~not 15 W~ s~ ~t o~ av~ o~ su~ ~ 15 don't ~nt ~ ~ sp~ sga~qst d~t~ ~ ~nt 1~ m~u-f~ ~2~anac~ ~dI'm~ Ii Butw~t~wo~d~By~s~ts~twhoM~of 17 how ~ codd ~ ~g a ne~b~h~d ~dd ~ ~ d~ 17 ~n d~lop~ ~td~fl~y In a ~ ~u~ ~y 18 ~ a mdu-f~ compl~ 18 ~ comp~n~ ~ 19 ~ ~ T~t's p~ of ~o c~ of 19 I ~nt ~ ~ ~u ~at I'H ~ ~s , 20 ~ n~v ~op~t ~do 20 oppo~ ~at I do ~sa~ ~ ~ ~mp~ve P~n 21 ~s~ ~d~ 14~ ~ 21 ~ of~t ~t- sang.tis ~'~_ 22 ~ ~o~ ~nsx~ or.aH 22 ~d ~t's w~ yc~ dcnst~ is f~ a n~b~ 23 MS~ ~t ~yo~ 23 c~,Idon'tb~cis~t It~.~t~- h~ Of ~t ~ sho~d ~n a h~ l~s d~ 24 ~ M~ Tho n~ p~on who ~d ~ t 20. c~y, ~ sho~d bo fo~ o~e ac~ ~ p~of PLUG & ZO~G CO~SSIO~ ~ 11, 2001 P~97 ~ Condonse~t~ Pago 10! . Page 103~ I that. In fact, We wen have that in on our zonhtg on thc I will make a ma~or cunl~tlon problem. ! 2 c~.~,, ~gcs BUt I hali~vo it's, as it pushes towards 2 I just ,I,;,,I~ that with the knowlcdl~ that 288 3 McKfancy to t~ south, as it pushes towards 380 to ti~ 3 aad Mayhlll Road will evantuslly ho under consh'uct~an fa 4 nortl~ that is Wlx~ you should ptck up that denslty And 4 th~ next thr~ to f'~'o years, that vall make Lakcvi~w S you have aa oppo~mity with Lak~w Ranch and then at 5 Boulevard oven busier, so addln~ homc~, that m~,.y homc~ or 6 tho in~ aad wurldng it's way all the way hack to Mayl~Ill 6 that many re~ldcaccs in that area will even cons~t 7 ol'kc~pinS ~hat l"'s douse ~nfi very beautiful ? I.~winw B?ulcvanl even mor~. ...~. 8 n~ghburhocd, agd tho ~ti~miUes ~ally b~come your 8 And We have homeowners o, ut ~ro tha! ~w 9 neighborhood ¢calers 9 made that thgr homo, ~ sr, m'trmcnt p~ace, a~t we Just 10 And So I tlgnk tho phum]~ of tho staffis 10 don't foreacc wantm~ ~o have thc problems vath thc I 1 incon'~t ia that quadrant of ti~ C~y of Dcato, a; · 11 h'affic and the coalition and thc pusslblhtb~ of 12 especially v,.ith wi~ai's happeaed with Lakovl~,v ~anch. And 12 dan~-ous info.cohen at Htghway 380, also 13 tfyoujustflrlvo~tandyouacowhat'agoinganout 13 ~lvlcm~u vurygood Thank you for 14 thc~ to all of a suddca place all that around it, 14 coming is there anyone else in thc andlcuco wi~o would l~ doean't qram flL It's aa opportunl~, for Denton, I 15 li~ ~o speak? Please come fo~vard 16 think, to look at thclr zonin~ and to comphmeat that. So 15 M,S.I~RADLI~Y l,mSantccBradloy lhwat }7 that wus- that's why v~ spol~ a~ust it. Wo'ro 17 3978- 18 c~'~aluly fur aunexation and for, youlmow, reatdcatial 18 M~.~lavim. t. sayyournsmo~l~ain I'msorry 19 · dcvelo~m~ out ~ but w would ~ to so~ it 19 MS ~It~DLI~'~ ~ntc~ Bradley ¥o~just ~ad ~0 compl,~tary to what w~'m tryt~ tit da with fha vision 20 by card. ~1 tott~atpartofDenton ~'~' 21 M~I~C~,mLt. oh, okay I'msorry 22 ~ MC~'~ILL. ¥Cly gOOd ~ ~0U ~ mu~h 22 ~. ~Y I unclcrstand Lakovlcw's aide of 13 fur c,~m,,,~. 23 ~ l'w hvcd In tigs nctshb°th°°d all mYlife, 37 24 M~.~AI~ ?hsnkyou 24 ycars, and I'vcwatohodti~chor~c~ andtt's hard. I 25 l~m. Ma, riltt. Is thcr~ anyone dso in the 2S understand, you know, how busy Lakevicw is, J~obody Pago 102 ' ~- - Page 10~ 1 understan~ it bcti~r than me because I've driven it all I authc~cc v,~o ~vould h.'k~ to speak? Please como forward 2 State your name and add£e~s fur ti~ ~ccrd, please 2 theae years I'¥o watched my road go daw~fl! bccanse of 3 ~l'$1.~r~ I'm Sharl Trusty at 700 Lak~l~v 3 thc fast traffic 4 Boul~,'arcl. I work at ll~ cinbhouse so I'm out In tha 4 You know, w~ have ldds in our nc~ghbothood ~ - nc~l~bcrhoccl ~very day, ,~'tuslly ~ day, aact on t~ -- 5 that like to play aacl the traffic is hontbb P. copl~ 6 wcckc~ds A.~ Tommy had said carher, w~ would like, you ~ 6 ' don't ol~-'y tl~ 30 mile speed Mi-You know, my property 7 know, adchaonal ho~Ml~ in ti~ a~ea and v~ know that it's 7 is paid for and I own it and I pay taxes on it, and with 8 coaang tha~ way'beCause that is ous of the most haaut~ul 8 thts coaa~ in and widcnteg my road, tai~ng my land, 9 parts o[ D~t~n~that's left, but v~ ahaady have Problcms 9 !,,t4ng my plants, you know, I don't tl~ it's - l'm ant 10 aloes Lal~,'~w Boulevard w~th tha speedtns throul~h t~ 10 oppuscd to the annexation bccause I can't stop it so 11 nclghhorhood. 11 thor's no reason l~nS opposed to someth{ng you can't 12 WcknowthatLak~,t~,vBcul~ardtsgo{nstob~ 12~ stop ¥oucan~tghaaSc Chansehappeus Hcluscsgo~p 13 cvcatu~lly t~l~ .n all the way to 35 but, prc~cntly, and in 13 But I just, I doa't trade,stand why that,s can 14 t~ nco few ~ until ti~ Other a~nues ~:t d~elopcd, 14 bc taken from you that, you know, for ~Is klnd IS Mayl~-I is a Itroblcm so pcopl~ will ant go to Maylgll to 1S when it's miae and I can't go back to the C~ty aad say, 16 cutto3~ Thiry don't want to So dawn 285 to cut to 35 16 v~ll,~wmeth~s Youknow, l~k~Ismd,I'vel0ccn 17 So any of those l~cple that ~ going to b~ in thls 17 thc~ lonser than a lot of thc~e pcople that a~ ha~ 18 apar~w',~t c~nplcx will be coming, what, the e~,hth of a 18 !,,w~n~ and I'¥c sccn moro chong~.s then a tnt of thom haYe Ii) mile to La~-vinw Boul~anl where they have coucrcte 19 sccn and I know changc~ happan and I tmderstaad tlla~, but 20 s~ts and no potholes and, you know, go down Lak~w 20 I just thmk a h~e conslderahon for the oac~ that have ~i Boul~,'~.rd. Il been out there is kind of n~xlcd, a httic respect, ~ _ ~2 Andlthan at - presently even to ~ct off 22 because I pay my taxes and I pay my bills So that's the ] - 23 Lakcv~v Bolfl~werd onto H~way 380 Is very tune ccusummg 23 ouly thing I'm oppuscd to 24 and a~*,g~ous Aud lo add tha~ ~y mur~ pcopin hying t, ~Ivic~u~u ?hs~Ic you for coming ..Is ~ 25 go down Lakew~v Boul~eerd to I~t off cf 380, I *~,"v 21. aayanc else who would l~e in speak~ Pl~se co~o forvaud PLANNING 8c ZONTNg3 COM2v[ISSIONER APl~l-f' 11, 9.001 Pag~ ,10~1.;. Page 104 ~ Condense:ItTM .... Png,~ 105 Page I ' If the~ arc others, why, con~ on down and you'll i~ ~cady I that was atvon - .~,,m-ter Stmmuts is a non-profit. It was 2 to speak when each p~soa fl~dsl~ 2 started by Tun and Ann Banks a number of years ago, a 3 las. FAW.., ~,ly ~nm~ ~S Mtchacl Fare Ih/oat 3 backpacking pro.'am in Colorado and thcn a challenge 4 901LaknvtcwBonlevard. On~nfth~thh~sthatath'actcd 4 course~nthlspafltcularpropcn'Y Dr Blookersaveths 5 my wlfe and I to ti~ ama was/1~ beauty of Lak~tcw Ranch 5 p~OpCtty We ar~ redly ann-profit, you know, tf you know 6 and th~ surroandi~ ~ 6 what a non-profit is _ What I'm concerned about, and l'm not a board 7 It l~atnded l~s of~ plac~ that was trasqnll so 7 8 ~ thatwh~v~comel3untefio/n~rk, v~mlax Woden'there 8 , -r~<"mb~ranYm°m°fSulnmerStmmflts'butla-m- achvctn 9 to ~von'y about ca.rs mpph~ ~n Lake'a~w Bonl~v'ard, w~'ch 9 b'~ck~acMng and things, if you have such henry density m 10 is starting to knppen already. I don't know If anybody 10 this area, I'm thinking that that's going to greatly 11 has any of the statistics Wh~ ~ did a qulck, ~s~vey, 11 impact our prop~ty heaause you're going to have an awful 12 they put a pohco Officer np ~ a~d they act~al~ wc~ 12 lot of' children and other peaplc coming acmes Tlgs 13 - put out qutto a f~w gcl~s lo a very short period nf 13 hnl~ lan~ is to tho back portton of our proparty, the 14 time And I don't know ff an~ of you haw any ofthat 14 mare anh-yway ts up on Blngg Rend and that's wha~ they 15 information because I'd Er~ to know Wa heard that them 15 bring school busc~ Th~ filth grade class of one of th~ 16 was qnlt~ a few And tix~y pu~ ~p a de~ctor to ~ Id schools is coming out for mpc~ course in tho next couple 1,7 peaple how fast tht,.y were gotn~ end v~ noticed that that 17 of weeks 18 was an tmprovcment. But when Ik:~'s no officers a~oand, 18 Thc~ em an awful lot or schools and. 19 It ~s a raoo track 19 corporations, other placea that have team building type 20 Now,'w~havolxa~s. TI~'== ~tratis forusto ~0 activlti~ thatttseS.mmer S~m,,~ll's ropecotuae, As far ~' ns I know, tl~ only other one n~ht ~,~mcdiatcly hcm is 21 So th~. Wo'm concerned nix:mt sc~nebody not pay~g 2~ attention and going ht~. l'm-~lso e ~ fh~l~ler ~2 probably vw~'s and that is mom for ~ stucloois -~o 23 from Caltforma and I leal: at I~ 380 in~rchango and if 13 ggs one s~rves a lot of pubhc that em not being serv~ ~4 you zooe it and bring tha~ many mo~ peaple h'Ytng to ~t 114 otherwise out on the Highway 380, it is going to Toe very ~,n~ot~,'ous 2~ I think if you have ~hls b~g a density, Pal~c 106 P~ge'108 'rho only ot~r access ts to ~o back down haw a climbing wall wluch ~s clutt~ lorge, there am ingh 2 throughMayhtllgoingtl~atd~velopment,andt~t 2 a=dlowelc~:~nts Ahtghelem~uttshkeatrapeze This 3 road is not sat up fur that ~ ~,~.~ volume. So I am qnlto 3 would bo a very attractive, ~nd Itm not going ~o call ~t 4 coocemed 4 nmsance, but a very attractive toy for stuitent.s Wa do ~ -N~mxtnd, tfyou~app..mv~c~angl~and 5 hav~ low clements It's a l.ovely site ~'sacmck 6 allowhtg 1~ homes per acz~ wl~at that's totng to do ~o the 6 p. rnnmg throngh it It's a benutl.ful nIral slte, a ~reat 7 team btuldmg and esteem bmldmg typo of environment. 7 vslue nf the hom~s {I 6}m,z lmow if auy of you have 8 looked at t1~ homf~ that ~10em developed aud sro b~mg i~ And I th,~k what's l~omg to happen if wa haw 9 d~velopcd Nt~, moat ~flxa~lx~as am v,,-~ng anywl~m 9 t~ hugo density, you're going to forc~ tl~s orgalllzatton 10 In tl~ mid $300,000 00's to c.les~ to $500,000 00 And l0 to build a bq~ security fenc~ almost hke you build ~roand 11 when you sta~ bringing in ~ otlzr hom~, it's gotng 11 a b~g swhnmmg pool simply because of tho hab[hty that 12 todcvalucthosehomc~ Itl?'~th:~'sqmteafcw 12 wa,rcgomgtobcmvolvcdwlth Onccmawhflc, we§¢t 13 pcopl~ that are ~olng to hc _~_/~'~_ ~'"I~'PPYwith that 13 people that como m now but -- and there's eel, Y, ].ust 14 dcvelopmcntgo[nginsolamconcem~d 14 -barbcclv~refenccaround~tnow, But it's got~/g to put a 1~ I hope that you ean '-~''~', to a ~'~olnu°n that 15 Ercat burden en thls partlcular property' I t~!nl~ sunply 16 sale two, maybe four ~-~ 1~r ac~,, but please don't 16 to protect itself from thc habflity 17 allow s~x or 12, That is ~,~isg to hurt that area 17 And I understand you may have other le~rs 18 It can't vathstand that m~. And tt va'fl t~.ke away from 18 fromSttmmCr Sw~r'~tts fr°m the ExccuttYe Dl're'ct°r' but I 19 the beauty O~ dl~t comml~ltyo ~ ~otl 19 would caution you that this is a propen'y out there 20 ~. ~ia, tsm~ ?:~-~ you ~-y much for ~oming 20 joimng or at l~ast across thls httlo road, this is a li is thc~e anyone else who would h'l~ to speak? Please oon~ 21 ¥cry, very small road right here and vet are, the Suntrncr 22 forward and stat8 your ,~,,,~- and adcl~ss 22 Summits property ~s probably right about here Dr 23 tis. w00o~ rm ~,ry Woodruff I bye at 23 Blooker's property, 18utes, was over tn this postt~on 24 '/04 Lafayotte My concern ~s ti~l~ nght m this So just kccp in ,,~Ind the other t~ngs that ~re 25 locauon that belon~ to So,...7-~ S,,,~,~ts Tlgs ~s property 22. already ou~ there And ttns is a great asset .I ?LANNING & ZONIN(~ COMMISSIONBR APP, IL 1~, 2001 ?ag~ 105 ' Pall~ 1~'~ /-- Condens~ItTM I a uuml~r of ~ ~ p~bab~ ~vo ~o~ ~ ro~ I o~ ~ ~d ~ lo s~ ~y o~ ~ ~d ~ [ 2 ' co~ So~'d~~t~Y ~u~ 2 ~ ~o~s? l'~cl~p~hc 4 o~ who wo~d,~ ~ ~ P~se como f~d 4 co~ on A and B, ~c 7 ~ be[o~ I ~o work ~ ~ ~c~ Ranch co~ ~ ~m~ by ~ ~uncJl ~a~ ~ ~_~ ~ ablc 8 I,m pmbab~ ~oI~ ~ ~I~ a 1o~ of ~n~s you ve 8 ~ ~ ~t g~lopmcnt ~t ~c ~ c~ ~ ~ 9 [~d h~ ~nt~ not just a~ut ~ ~nch ~d what 9 ~ ~o~ ~ ~c con~ ~t ~d-~ It 10 ~ hsue ts abou~ but about what's soln8 on ~ ov~ 10 sf*~' ~t now, ~ ~ about ~ h~c fm~ on Il ~n~n ~ Il ~ ~ g~ of ~c pro~ ~t ~ co~ ~ ~ 12 W~M~ tn ~ n~r~ I wor~ 1 ~ ~ s~s~uvo I~ p~pl~ ~0 ~ 100 a ~n~ ~o co~ in w~ ~ ~ ~ ~3 ~tt ~ not ann~ ~ ~n ~ 14 ~ co~g ~ l~k at ~n ~'~ co~ ~ 14 bm~ ~ ~d chann~h~ ~ p~ ~ ~d~ 16 ~ ac~ss ~e co~ ~ ~ ~o ~ h~ a ~u~ 16 ~ ~,,m~y scnsMvo ~ 2 ~ ~p pm~t ~c 17 a8o ~ ~ ~f~ ~ ~ ~Bf~ta ~d ~ como ~ 17 ~d s~ wa~ q~h~ ~t ~g 18 ~tonf~ob~o~ lt'snot~ Ir'snot [8 19 ~ mc~op~ ~'m ~ for a ~ s~cof 19 20 pnvacy ~d ~u~, a s~so of hn~t ~ ~c~ 20 op~ ~t 22 I'm golng ~ ~s 22 o~s~ ~ 12 ~t~ ~a~ 23 B~ so f~ w~t ~ ~ ~'d L~ ~ p~o~t 23 ~ ~posal 24 end ~ p~18 ~ ~ ~d ~8 ~at I ~ b~ a~16 ~ 24 sh~ n ~ of a~out ~ ~ s~ 15 work ~ ~d s~8 of ~ aM~ to fred ~o~e-~ for ~ ~s 25 -'-'~ Pa~8 112, ( . Pag8 110 2 ~ons ~d ~ s~ s~g c~ ~ ~ m~g'f'mlly 2 6 ~ s~nd hsuo ~t l ~n~ ~ sp~ about 6 it ~ ~ n~t no~ as ~ ~ ~d ~hon~ it 7 ~ somas ~'F ~ O~ ~d o~ ~d ~l's ~ 7 ~ ~ ~c~ 8 ~ffic of ~y I80 ~d Mc~un~ ~d Bl~ ~d ~Y~ 8 ~ c~ ~ plac~ whc~ ~t's ~ ~a~ ~ scv~l 9 ~ of ~ ~n~ wMch ~t w~t ~'~ ~g about 9 mo~ ~ ~ mad 10 on B~ ~a~ We've ~dy ~t issu~ on ~ 10 ~ ~tL ~mtss~cu~ ~c ~ a 12 ~c ~ m~n~0n~, and ~% ~ng Bh~ Road is on~ 12 ~ 13 of ~ ou~c~ ~at ~ ~w ~t now to. g6 or= ~ 13 N~ ll,~w, ~ccor~ng to ~a~ ~d ~t ~w b~ spht 14 May~up~way35 It~p~Y~ 14 up? ~you~ IS tt ~ ~ ac~s ~ S~ it~ ~ uP ~ ~oP 15 16 288, and ~ coition ~ ~p~i~y ~ ~e ~ 16 ~=, I ~s I'm looMng at ~ ~ ~ ~d fi~ ou~ 17 ~at ~'~ s~g ~ ~ past ~upM of ~, ~ j~t 1~ ~s ~y no major ~a~, ~'s ~ ~y f~ ~yonc 18 gon~ cr~ I ~ow you~ ~ow w~t's going on 18 ~ ~ ~ = 19 Bu~ w~J~t want you ~ ~ a conc~ I~ [9 m~,~ and b~as~ ~ ~' ~' ~ 20 a what ~t ~ h~ b~ ~d what ~s yo~ hdY who's 10 ~ 21 b~n ~ f~ 37 ~, Ij(~l for ~ ~ s~ a b~u~ II i,m ~d of ~1~ ~s to why ~ ~d co~= ~t ~ 22 ~ ~ ~at s~dcnly ~ It's got ~ ch~ ~ ~ 22 ~ ~t ~ c~ nodo of ~ v~%~, 24 app~a~ ~t COnStd~g~ ~a~ you - zo~ ~P ~ bas~c~y ~ ~ a ~u~ PLATO ~ ZO~O CO~SSIO~R ~ 11, 2001 (~ Cond~nseItm Pa~ ll~ ~ P~e i'~ 1 ~v~ ~ W m ~e n~borh~d ~tea to fred ~e I b~ a s~ ~ of sa~s w~ h one ~mS 2 ~d~ of ~ n~borhood ~ter, d~a~ ~t ~ 2 l~a~ and ~at's w~ ~s ~ ~s p~p~ ~t ~d 5 yo~ ~ ~ ~I~ ~d o~ so~ of ~ ~ ~ 5 ~mp~Ivc PI~ ts ~ c~ ~c 6 ~ ~ ~ve 1oo~ at do~g is ~ ~e 6 7 ~ ~ ~ h~m ~d s~g it ov~ ~ so ~t 7 ~wm~ o~y My n~ q~ 8 it ls ~ ~ti~ ~dway ~ ~ ~w ~d 8 ~s, was n~l~borhood compah~th~ ~ h~ accost 9 May~ b~ now it ~ be at ~ ~ter of an ' 9 b~a~ I'm hs~ng l0 mte~ 10 ~tdcn~, a~o Il ~ f~ ~ a~ po~, if ~s prop~ wc~ 11 ~ ~r WC~, ~ ~u ~a~ ~t 12 d6vcl~ el~ at -- at ~y d~sl~, ~'~ gong to 12 ~'s a n~ of mapping tssu~ ~s~a~ 13 havc W ~wve B~ ~ad ~o~ ~c~ fron~e~ ~ ~H 1~ ~ ~nt~ ~p and ~'vo hd a n~ of ~orh~ 14 ~ ~ p~ r~d h~, bo~ of wMch po~ wo~d 14 m~u~s or pubhc h~ngs, I s~d say, ~ ~t 15 pw~ ~ ~o poln~ of a~s ~t ~ r~ for 15 and pwp~ as~ for &ff~nt d~iu~ ~d ~ 16 ~ ~ 16 ~t's why ~'w doing ~s - I ~, ~ ~d l~ ~m ~t And~itisd~ 17 s~plyha~doncltasA~c~dhd~o~pubhc 18 ~t ~ c~p~ g~t~ ~p ~y ~*t ~ ~nd~vc 18 ~g mon~ do~ ~ hne ~ fi~ out w~t ~ 19 p~ f~ ~ ~borhood ~ node, we have ~at 19 ~ng d~agon ~s ~ 20 o~po~ W ~ ~at it ~d ~ a ~f~t 20 ~borh~d W~ hd nS~boi~ ~ 21 ~7 21 ~ ~s rm s~ of ~ p~. 22 ~ ~0~ Y~, you do IPs my 22 ~ot In ~ ..... 23 ~d~Z ~t ~e map h~ not yet ~me fred ~ 23 ~ ~r W~ ~ ~'t go o~ ~ ~y 24 It ~ ~ro~ by ~ ~cH 24 OhO st~ pwp~ W~ hd a s~ of Page 114 ; P~e 116 I ~ ~i~ ~mm~ssi~ ~ como ~ We ~'t go out ~nd ~ ~ ~o fo~ 2 ~ ~I~ My q~ 1S ~ ~o ~ 2 pwpos~ ~s n~borh~d c~ 4 ~ ~ d~a~ ~o ~? 4 con~ now b~ausc ~ ~n't ~ ~ ~ ~d I 5 ~ ~ON. I ~y ~d not d~a~' ~ can't s~ how it co~d ~ on ~c ~g ~p ~ ~c~ 6 ~m~ It ~ p~ Of ~ ~p~ model ~at ~ '6 ~ P~P~ 8 ~S ~t's~ou~ I~tso~ 8 compon~of~c~P ~'sonc~t-~onc 10 ~ ~ WC~, lt~ ~V8 yOU ~ h~ i0 ~at ~ haw is a ~ zoning ~p ~t h how ~ ~dd 11 thm~ ~ lhl~ ~t ~e Of ~e m~n ~mpon~ of ~ 11 ~ to s~ ~at ~ dcvclop, and wh~ ~os~ p~ 12 ~c ~p~h~ve Pla~ ~d w~t ~'r6 ~g to do ~ 12 corec tn for annexaUon or want ~ vol~ 13 zo~ ~ ~ ~ ne~borhood ~rs 1~ ~'s ~dy a ~p ~t's b~ pmduc~ ~t says 14 ~d ~ ~o~ n~borhood ~s, ~ wo~ 1~ ts how wv wo~d ~o io s~ yo~ d~l~t ~-~d I ~ ~ a B !~ d~, mo~ conv~t re~ ~ 15 ~6 td~ ~nd ~at ts ~t it ~v~ ~os~ fo~ lg ~ocmtcd~o~ Audyouahohaveto~b~ 16 17 ~e ~ r~ pa~ ~'t ~e find road palm 17 ~ ~ow ~at fft~'~ m a nel~orh~d c~ 18 ~c o[ ~e o~ compon~M of ~e ~velopm~t ~ ~ a 18 19 ~c s~t ~ ~t ~ would be a n~b~ of 19 ~plo~ent ~e of acUuU~ m ~osc ~ 20 more ~ ~a~ ~ ~y ~e dcvelopm~t It's l0 So ~s ~ world not hw b~ ~n~ Il not 1~ g~m~ ~ ~ May~ It's not j~ go~ to be 21 of ~s ~opm~t ~c 12 BI~ ~ ~ be o~ roa~ ~ ~8 to pro~dc ~t 22 ~ ~ ~ss~on~ App~ 24 ~'e 1~ at ~s gen~ ~ and ~ nod~, 2 ~. 25 ~8 1~ of ~o~ ~ v~ ~x~lo, but ~ ~d to m ~L~ ~Ms ~ on8 of my basic PLATO ~ ZO~O CO~SSIO~R ~ 11, 2001 P~e 113 - ~ag~16 '?-' Cond~nseltTM ,r - page 117 ' m to iht Page 119 [ I , wlththlsDcvelop~ncntCodethatv~'mworldngonbecauloa ! dcst~natio~ ¥ou~o g ~ct sproposcdzomnl/ 2 computer module Created neighborhood centers and all ~ 2 Staff proposed I~at,~.o~orhood center in that Iocatton 3 other designated n0w names for av~as ~hat vm haw now 3 It wam't a conjurer modulo or a program that located th, 4 wl~l~r th~y'r~ compatlbl~ with tho surroundml~ areas or 4 n¢~,hborh~)d _,>-~tcr m that area. 5 not. 5 And tl~ otl~r- another strong point that was 6 And I ~u~s I'd lil~ to ask Ms Hudson If this 6 brought out m l~c C~mprd~'ns~vc Plan ~s with regards t o ? is stilltrue,. IknowI'wask~flgsquc~Uonaooupl~ 7 llrban spra'~l _.Andt~-lclcalstoasyoua-r~¢loscr tothe 8 oii~mcs bofo~ ,'~h~ Is a R .ural i~ l&nt~al 8 c~ and w~'rc-talku~ ab°~t tl~ t~rbam ~S area that's 9 classification that,wa had ~ told all along would b~ 9 identified in thc l~clJow and not the green areas, that we 10 used as you moved away from th~ center of town nad sot outl0 clo want lug. her denstty m those areas for pubhc 11 to thc outskirts of town and Into ~1~ ~rrJs And I ~ucss !1 m frastructt.,rc, v:atcr, uttht~cs, dl those concerns that Il l'vc asked this qucstlon over the last f~w m°n'th~'th°sa Ii Wc ha¥c ivJatecI to ur~ sprawl- And that's why -- I 13 Rural p,.c~idcn~lal, classh'icagons, there's a 13 mean, that'l o~ of tt~ reasons at that rtlral [ 4 classdlcahon but tl~y'~ not lgven to anytbln~, a~ 14 d~nation l~t~--~,t bern ~ was m that urbanimng area 15 th~'~*, or ~lS t~at O~? 15 ~ '~L~'-'~ I t~ml~ t~atts a ~'t~c 16 Ils. h'v~:~oN The current thtn!ang, it's my 16 ~ Id~-',,~II.L Camm!snorter Holt, ,17 undcrstandmg, ls,thatRundReskleallalwouldbatnth~ 17 l, fS. HOL"f Yes. Just on thts parttcular site, 18 /~,~.~ axons shown, basically, st~dftcantly outsi& th~ 18 it seems to mc fl~at ~I this h.mc, end I mean when we wcrc 19 j.,oop, outst& of what wc consider to be our urbantzinl~ 19 talktn8earher e-t'°ut roads c°m''~ tn~ glat~ Rand is 20 probably so far dow~ cn the hst that -- I mean, what, ~0 ~ that ~ - RI MS..~I~. nut wo don't oungntly haw 21 2020,2015 IbopeI~llocher~ Itjustsc~msthat--I auyth~ that's r~tly d~isnat~d Rum1 Resl&attal; is 22 ~ean, Lal/racw ~s wa:dcrfifl and that's a ~reat access but 23 that tmc? 13 it doesn*t ia an-,jwha~ n~ht now I mcan, it doesn't 24 ~s tw~so~ That's cor~ct. 24 connect to ~5 III jus~ ~rn~ 1~ tbs is awfully 15 Ms AP~I,8. Other than, a color on a map 2~ for tbs ar~ at fins p~cular tm:e P~go 1t8 Page 12( 1 l~S HUDSON ~eoaus~ wc bch~vo that over I Blow, you l~ow, five y~rs down the road, and I 2 tlr~.~ bccaus~ the laud us~ map is for the next 20 years, 2 tmderstand abo~ tl~ ~ban sprawl thng and I'm wlth you 3 tha~ most of tlds area In through h~r~ vall actually b~ 3 100 percent- I r~i~l~ t:at ~ son'thing we reallyhave to 4 dewloped and it vall be d~veloped at.somethh~ that is of 4 lookat B~I~.~w~havetolookatitinareas-I 5 - ahlgh~rd~sity. Plcas~keepin_mlndthatewnifv~ f th,nkthcr~'salm~c&~mcemthsarea~nd~say, the 6 des~nat~ for six, 12 units an acre, th~ can always build 6 Teaslcy L~¢ gohg o~ that way Yv'hcn v~'rc headed out '7 somcth;n~ that is Idss dense thsr~ that That's atways an '7 that way, t~osc lots a-c sold off 'l'hosc developments arc 8 ophon ,, S 8omi tn ~ ~ w~at, S,000 homes out there? I 9 MS ~2¥LE But that |s what tl~ p!"~n!~ 9 thln1~t~atl$1tC~l_ffCl~.~t~l~th~lt~s~ts Ith;nk 10 staff says And this isn't a cntloism of Y'all but y'all I0 tbs lsjustkmd °fF'm~ a l°t °f d~ns~ty an tbs sp°t 11 say that but it n~'er happens If p~ople can build 12 I1 wlnoh ~s pretty x'dral r.~ht now end it is dest/nated to be 12 ~mts, th~yYenot$om/~bufldtwo It just--Ii, four 12 ruraluntflmayb~202O Tha~'sjustatho~ght. Thank 13 ycara On thls Comml-~$1on, ][ callll'ot tl~ink Of a 8i1~1¢ ca~c 13 you 14 whcrezthapptncdbe, cause mon~'y is usually the issu~ and 14 Id~.M~ c.,o~head- 15 they,r~ trymg,to put as much on the land So that sounds 1~ Ma.I~ICI-I~A-~ Im~n, one of the opttons 16 mca to say btlt, in actuality, it doesn't really ever 16 that you do ha~'~ ~s to propo..~ h'C~-2 for this zoning 17 happen And,I,llE~toffmysoapboxbutthat, a~aln, ts 17 category Andif-tt~woulda!low, Ibehevcit'sl5 15 my major problem with this whole deal is it's, you know, 18 units per ~ And If m ~!~phca~on comes m for tngh~r 19 o~r town is g01ng to be -- our future 20 years, and I've 19 density, at lhat ~u~ )'ca could consider It th~ 20 hved m tlus town ~3 years, so I haw a history of seeing 20 Mi~. M~--~.~ILL ThLS ~S a ch.s~c case, I th,~, 21 that far ahead, and I'm saddened to th~,,l~ that our City is 21 of why so ~n)' ~e~.:orhoods ~'~ upset ~s thc plan has 22 going to be dictated by a computer module 22 d~l~ated m ~ ~ next to very h~h quahty homeS 23 l~t R~CHi-IA~T ~t me ~cnfy Thc computer ~3 on fairly Izr/e lots ~n~ thc Coml~reh~slve Plan then ~ - rcco,~men,u ~ we !~--'t a nc~gl~orhood center there 24 did take -- there was a matrlx that was dc¥dopcd that 25. doesn't m~1-~ a lot oL"~-~, to ~ 25 sa~d ff your land is agricultural, you're in tlds PLAIql~IING & ZONING COMldlSSIONBR APRIL 11,2001 Page 117 - Page 120 ~ Cond~ns~ItTM Page 121 Page I I think as part of wlmt I'va b~cn compl~,,!~ I ~ ~ I ~t In~p~ a ~ 2 a~ut ~ ~ong is ~ ~ don't hvo ~y p~ 2 ~ h~ ~ off ~ it's fo~o~ ~t I'~ 4 ~x~ ~ in iL ~d ~t's what's a~h~ p~ 4 ~d I ~ a~ ~bng a qu~hon f~ c~don so 6 ~ ~ng ~ put M~ d~sl~ n~t ~ ~s ~ ~ 6 ~g ~ ~ I ~ ~8 ~ m~c a ~on 8 S~ ~o ~bon~ fg~L 8 to do ~ h ~ s~ motions 9 ~c pr~s ~ b~ s~p~ - I ~ ~ ~ ~L wc have to do h ~ 10 ~body who sp~ ~ ~cnlng ~'t have a Pmb~ 10 I l ~ ~c a~agon ~ pmb~ ~ haw Is ~ I l yo~ ~on ~ ~ so d~ but ~'s s~ - ~, I 12 ]nt~I~ ~ ~s ~ ~ ~ out ~ · ' ' ~ 12 clos~ ~ p~hc ~ng 1~ ~d as ~m~slou~ Wl~ saM, ~ 1~ ~m we~, I ~s ~l's ~ 14 ~mp~e~ivo P~n ~ about ~mpa~ ~ ~h~ [ 4 ~h~ W~'~ ~g ~ - ~, ~en, ~ o~ ~hon 1~ ~borh~ ~t's ~ p~p~ h~ d~ not s~ IS h ~ s not ~ - 2 ~ a ~n out mo~n 1~ ~ mc ~ b~ compa~l~ ~ ~lsflng n~b~h~ 1~ onset ~d p~ ~at ~ 1~ So I ~ oho of ~ ~n~ I wo~ su~t 17 bm~ No, ma'~ ~'s 18 ~co~M~, of c0~ ~vo ~ do h ~ s~ 18 s~'~s~ s~ff~°~ d~ n°t ~~t~ 22 n~borh~ d~[~agon but I ~ ~o sho~ bo 22 ~ c~ ~d ica wh~ )~ 23 s~ hsu~ Now, ~t's - Ij~p~ ~ ~o 23 ~o~md ~ ~~c~t ~cp~~ 24 I ~'t spok~ I t~ C~mtssion~ OoZe n~ wo~d 24 A~ ~ and ~cn ~ add ~ ~g " Page 122 , Page 124 2 co~M~ and ~e ac~on ~d ~n on 9B it sa~ ~t hold 2 ~ ~ ~t's j~t ~ ~ ~e at a 3 a public h~g ~ ~ pubic ~ So ~ ~ 3 4 ~ ~ a~on on w~t it's got~ ~ bo ~n~ ~ 4 ~.~ I'd bc happy ~ do ~ ~ o~ ~an ~ ~ wMch 2 au~gc~ ~ ~ ~ ~c moron ~ ~ ~a~, you 6 ' ~ ~en~l~is~oa 6 ~d~p~tyoumovc~.~.~.-~d~eCt~ , 8 appro~ 8 ~ zo~ng 9 ~ ~ ~ ~ ~ s~lfic ~ I 9 ~ ~ I so movc 12 ~Wm~s l,msp~outof~a~d 12 ~t okay Hm~,~m~oncrMorcno ~ a ~ ~ it's op~ f~ 13 you c~ c~ ~o but w~ I l~k at ~s, I s~ a 13 _ 14 sp~c zoning ~ ~t's W~ I'm havi~ a p~bl~ ~ 14 p~ 17 Mo~o's, I beH~ N~t ~ on n~ I~ Hu~m~ 19 ~ MO~O Ihavo a qu~on for ~ Huron 19 ~MO~O Thc ~ ~'s ~d of ~ow m ~0 ~c ~p ~t you ~w up ~ on ~e bo~d - ~0 color ~ a !~E~t ~ b~y ~o~E ~ton, ~1 ~ ~L o~ I'm so~, I tou~t you ~1 of ~ ~ ~ ~ ~l~borh~ ~1 ~e ~ou~ 2~ ~0~0 ~o ~w~E~g ~ ~ 23 ~ MO~ I'm s~ .... - 24 ~ ~ I'm so~ I ~o~ you ~d ~m~ ~ ~ ~ ~ ~ ~ mo~ 26. ~o~~g~ PLA~ & ZO~O CO~SSIO~R ~ 11, 2001 P~ 121 I MS HUDSON I ttunk that it is vexy likely, I Com, msstoner Oourdio. 2 especially in areas in this part of ~ow~, for example :2 ~ oo~,m~m. I'd li~ lo make a motion that 3 Hem is the city !tm~t Iln~ right hcr~ at MayhllL 3 lbo proposed ann~Mlon bo ann~cd coming In at 4 Thefts the other City Hmlt hoe Tills is 6ss~fia~y a 4 AgHctlitural bc ~ransttiodinl~ ~o an NEE-1 upon 5 donut hole in ~ middle $ adopltoo of tho Dewlopmcnt Cede ~gardms th~ above 6 ~ Y01~',lO okay So those areas tha~ ar~ 6 r~f~r~ced property 7 kind o~ yelloW_, are tho~ all going to come to Ils as a ? -_ _ l~s HOL'r seco_nd ._. 8 potent, al neighborhood center zo~ug as it ~traust~ous $ ~ MC~nlmL conmuSs~on~r l~s'hel ~ _ ~ from Frlto Qty!~mltsto-- ' ~ lvis. wslt,,u yeah. I~,,-kthtslsjust an 10 MS HUDSON idon, ttM,~'ethatallofth~ 10 cxcellcmexamploofwhyw~bnng~tintochscusslonand il wtllhaofthtslintenslty. 'rnerearoyur$4uginteaslttes 11 havoanopportxmttytoh~.r from tho cltizens Andljust · '/ 1~ waut to clar~wbot Mr Rctchhart aalcl, woa.~capableas 12 from two to 12unitsan acre. . / 13 MR. MOR.SNO Okay 1~ a Cotlumsston of r~commending anything ~'d like to 14 MR. EI~ICHHART: There are u¢lghborhood c¢ilt~i's 14 ~comm~nd and I apprcclato tho motion that's been put 15 located throughout thoso area$ It'suoteverypropcn'y 15 forth. ItcouldbovobcenNc~zomeAhingoranythtngelse 16 willboanetghborhaodecntcrbutther~aronetghharhooc! 16 ~ wanted to d~slgnato it to And l think that that's our 17 centers As wo get into the mapping, wocaninokatwh"'~ 17 mpoas~:lttyatthlspolntint;m-~tohYtofindtho i 8 they're located. We havet~'t gotten to that point yet in 1 il most compatible situation for tho n~ghbors .that v~'vo and 19 , our work seaslous Btlt we cottld get thero and lcok at iI 19 tl:eoth~rdovelopmentsthathavet~l~,,plscooutthoro, ~l{~ and say, you know, this is not a.g .cod pla~ for a ~0 and we yea'~ much appreciate th~n sp~ddog with tis and ~1 nelgh~.orhaod c~uter. Let's mov~'~ to here 21 showing us what vm can do 22 MP.. MOREI¢O Thl8 ~ is going to b~ sefllled, co I do want to defend tho C~ty~ thoagl~ In tho 2a as wo'dtsou.~ed in previous meetings? 23 fact that I think we had to call evexl~ins that was 24 MR. P.~ICHHA.RT, Yes 24 outside of our m'; something and tha~ called it aomc0mng 25 ~ MORI~O okay. Thmles ;25 and someUm~ ~e a$c~d w~th it and someUm~ v& d~sagreed " Pago '126 Pago 12' I MP,.MCNEILL And lc!al just ~e~,~mdexl me that I w~thtt. Wlma tboyputit forth Intheory, it sounded 2 tho mutton on,the floor is for anuc.xstlon and that's - 2 Srcat and I can s~c some dffficuin~s, pamcularly whe~ ~ accor&ng to protocol and rules and Robert's P. ul~s and o.v. 3 ~ star~ talking about then specifically 4 rules, I guess We should be ck~c;,~'~n$ the aoncxattol! 4 And I tlaink v~ a~ capable of overc~,,~;,,g that S motiouatthispomt. $_ ffwolookatthemve~'yspe~lficallyandthlsisutu' 6 MItMOP, I~O 80rr~ Ib~,~toask. 6 cpporlum~ytolookatthtspamcularscchonl0~omv~ 7 MR. MClq'EILI~ I'm jusI h~g to Impose cio' ? bring it into the Ct~y and I can support this inchon ~ 8 s~lf-chrectcd rulgs ' 8 ~asily Thank you 9 lvlI~MOP,~IO Iflhad-- 9 ivm.~a,m~t. ,"o-~mlsstoocrHoB. 10 Iv~ Sh'X'DER. There ~all he another motzon, I 10 t I essume, Wl~'e there -- I 1 ~ ~,Icl, m~Lt. commtss:oner Wtlltams 12 MR. lvioP, h'NO well, jt~t ff I had becu alIowed 12 ~l~..wltttAMs well, ~mfortunatcly, I'm no[ 13 to sp e~ak before the motion, I t~mlc that my commentary 13 r:ady to vote for any d~lgnahon of a zoning when,~'We have 14 wotlld have been okay, 14 act ~vea discussed the zomog amp ,~md I think 15 MR. MCNEILL: Andthemolicowasmadosollm! 15 l:Uttmgthohorsebofot~thecart(sic) Iwouldmush 16 to -- wc had to have a second mad ~ I callexl on you 16 :afar that we would pestene this and look at the 17 becaus~yourhght wasnext. AU. right HavtngclaHfie~t 17 ;::ap in contoxt ofthoenttroCttyboca~owocouldmakc 18 the rules and proceduras aud what's u~xt, wohaveamo~ 18 s,-nousmlstake,sonth~sbcfo~wooveuleckand&scuss 19 on the floor tO cousxder m~;-~ a recomm~ndatton to C~? [9 tI~ zomng map, thc whole zoning map 20 Conned regarding the proposed amaexat~on Is th~r~ ~0 I've had sorlous problems with the zoning map 21 addittonal discussion on that motion? Am you ~eady to ~1 but and - but due to our Agenda, our heavy worMoad, I 22 v0t~? Vot~onth~board, plcase Mo~copasse~7-0 Z2 Inven,t had an opportomty to speak to the zoning map aod - 23 AIl right We have now l~e~rnra,:ndexl to - We 23 I ~:ally w:sh we could just hald off on tlm uuttl v~ can 24 willnow b~ z~gomm~admg to city Counoll that tkts -~7. kek ut tl~ zonlng map as a whole rat.,~r than a parttal of 25 p adlcular s[~ be .~,~-~.~A~; Now, t~ floor is op~ li~ zoding map because this ~'~,;,g ts going to affeut PLANNING & ZONING COMMISSIONBR A?RIL 11, 2001 Page 125 - Page 128 ---- Condcnseltr~ Pa~e 129 Page 2 ~ ~ ~on~ ~ 2 d~ it not ~ ad~flonal ~? B ~at not ~ on~ 3 ~ MO~ ~, ~: ~ ~ I ~W 3 ~at aho ~s ~y ~ c~t~s and 4 l'm su~p~ ~l~OW It bm f~ my~ ~ ~ ~ 4 ~M~m~ ll~k~ ~t up h~ ~d tt- 6 s~opsh o~ w~t N~-a ~ 6 ~r~ ~a~c I ~ou~t ~ ~ 7 ~ ~T n s b~ca~ a ~t~ 7 ad~Uon~ ~ ~t ~v~'l b~n m~gon~ h~, .~ 9 s~l~ ~c o~n~ It's onc ~d a ~l'~ ~ 9 ~insl~f~ I0 ac~ but it's ~ a ~Id~gal ~S ca~ 10 a~c~ sI~f~ly d~nSs, co~W ~om~ for ~c ~sabl~ h~ ~c~pagon, ~u~an 12 couc~, if a d~lo~ d~ ~ c~ tt ~'~'g 12 ~ outd~r ~Uon, t~po~ ~, and 13 eh~ ~t wo~d como back ~f~ ~ b~ h ~ 13 kennY, u~, p~, chichi, s~-pubhc ~, 14 co~t? 14 clubs, I~, adult or dayc~ and Mnd~, and 1~ ~ ~ ~ o~y ~tt's ~ ~ 17 s~ ad~o~ ~ ~at ~d not b~ m~flon~ 18 o~y 18 ~L ~ ~u havo ad~flo~ c~cn~? 21 lo~d~si~in~~~ 21 ~o~ Y~ I'mj~tMndoftM~Mug 22 c~s~Uon 22 ~ut lou~ ~ ~a~ But I don't ~ ~ to 13 ~S~ It~t-}S~n~ 23 nel~borho~,N~12, in~ I'mnot ~4 bc po~t~ ou~ ~d I ~ ~ ~ ~ s~ ~ 24 ~ ~t N~ ~ ts app~fln~ ~ so I ~s I'm 25 but she w~n't as ~o work~s~"~: at some ~ 25 ~ ~ what I'm got~ to do ~ my ~o~ · I wo~d ' P~ 130 = Page 132 1 ~c~ work ~sl~ ~ w~ so~ ~o~ ~o~ ~ost m~ s~ it ~n~ ~c~ ~ a ~ldon 3 p= a~, ~d i*~"9 ~ Co~~aaw°rk~ 3 4 s~d ~at ~y ~ ~o~g ~o pro~bly do ~t 4 ~M~U I ~ven't spok~ ~ ~ mo 7 Ult~t6ly, it[~'On W~t y'~ ~g 7 not s~po~ {k But · ~ co~d - I wo~d ~ ~ m~e a 8 ul~a~ly, but I ~ you ~ k a~ d ~ ~f~ ~ fd~y mouon ~t - ~cuk ~eu~y ~ut 9 yo~ vo~ ~ 9 ~ s~p ~ ~o~eu~hon a~ ~u~ ~s~ct s~ ~at 13 ~MO~O l'm d~ 13 ~up at a h~ da~what~w~t ~ ~ ~ ~ of ~ 14 M~M~L~ Ohy I~t~mI 14 ~anslUon, b~a~u~dout~ow, ass~ofyo~vc 15 don't ~tc~pt you ~m,~OU~ Appk 15 sa~d, w~t ~t's 8°tn8 ~ ~ whcn ~ flunky appr°w tt 16 Mi ~SOH l'm~ ~I~y,I'd~W 16 We~wnotapproV~audso~'~s~cofyou i7 cl~y ~c p0~ l~d~ h XC~'Z ~d~ not 17 haw sm& ~ wo~d be vo~8 on aom~E ~'~ not own 18 ~lowfor~y~mm~ci~ch~o~ 18 s~w~tit- ButI'd~tasa~y . 19 I ~ ~e only th,rig it ~o~ for ~ o~or 19 ~t 20 r~r~on 20 ~ s~ May I ~ a su~Uon~ , 22 MS ~P~ Iapp~[~ Sny~c~ 22 ~s~ ~lt~db~s~p~ff~ 23 ~t b~c I behew ~ w~ ~ ~t f~d o~ 23 ]~t spht ~c moUons ~p into ~ mo~ons ~t ~ay - ~b~y co~d vo~ ~ conscteece on ~ ~n~ So PLA~G ~ ZO~ CO~SSIO~R ~ 11, 2001 P~e 12~ - Pag~ 1~2 Cond~nsoltTM - Page 133 Page 135 I motion on what tho zoning shoold b~ upon annexation which I ~ ~o~iu)l~ Can I vathdraw my motion? 2 would be A~rioulturaL Ami d'"~' hav~ a flflrd motion 2 Becanse it Ires lo b~ re~tat~l and so I can't say th~ 3 dcullng with th~ - wlth what 3~:m ~,,~e it o~t to bo 3 s~cond hal~ of this I n~xl to vathdraw tho motion and 4 under Iha n~v Development Code, 4 then ~ tt~ mol~on $ MI~ MCI~ILL~ I ~ ~lat'S what my ~ !~. S~.'YD~P. NO, yOU don't. 6 friendly amenchnent wa~, do fl~t very thh~ that you Just 6 ~,~s.~ovl~ia. ~ecause--yes, Ido, I~causo I ? said 7 antd, tnsmd of a fncndly am~d~ent, it's _a ~hole new 8 Ida, sNYUlm, w©l~-~hi ~ still was in 6no ' 8 moUon is whaI ts bolas asked fur ba~ause you'r~ now 9 motion That'swh¥I*m.~stsa~tn~"is- 9 sph~n8itmtolMrflsinst~dol'tohalv~ Ir'snot 10 ~v,. MCi,,~ALt~ No, zo, I said wo would stop 10 one - it's unt two motio~, It's anw tl~ motions 11 th~ vath thts motion and ~,~_ ,~w'd have anothar morton 11 ~. m-n~lla. It nught be shnpler Just to Iii as to what we Would ~co~,,~m~rl that it be b~t In, That II withdraw ti ~,~.'~ make aanther motion 1 $ was my amanfl,-, _,-~t to - 13 ~s. c~l~t~ ~ thnk that would be much 14 1~ st, r/'otuc I just mis'~nders~0od you 14 stmpkr f~r w'ant's happenm8 so I whhdraw my motion 15 ~. MCa~C~. vlm's all ~ I don't want 15 ~. ~c~.v.t. ~ rlSht I think cur inks 16 to deba~o you. 16 permit flint so is thoro a motion on tho flour th~ to 17 bis oO~I~' My ouly problna is is that wa 1'7 constder '~°t'~$ a ~comm~ndaflon to Cotmcll on the 1'8 can*t transition into an Ag zo,~.~ dictet when wa don't 18 Al~rlcultmal? Commissioner Holt. 19 have ane In tl~ n~v D~tm D~mlopffamt Plan 19 ~3. HOLT' I make a rccommcndatxon that wa - 20 MR. SNYDEit. NO, Whatw!g..d~.bedotnsis wo'd ~0 I mcan, amotlon ofthoproposccl annoxation-no, ~ 21 haler zoning ~ property Ag ottr~, 21 zoning to Agrlculta"al 22 MS OOU~D~ ~ ~,,~,"~nd hut tho No 3 would 22 ~ ~,,,~r.,. okay Is ~c~ a sc~ond? 23 h~, in ~ it says iranslUo~ing ~o ue~hborh.~.,cant~rs 23 ~ c.,o',.u~ m second 24 and tl~ recomr.~e~alion wa~ f~' NCR 1~ and 6 ~ 24 ~ Me,Eli. L, Okay It's hee~ made ~nd 25 Ma. SNYDI!I~ 'ral~outflm'wcrdiranstttonand 25 s~cund~l. Is tha'~anydiscuss~on? ComansstonerMonmo Page 13.4 Page i36' 1 wc'lljt~ de~l w~ththata~ as~p~.temotton ~.~o~.~c~ wl~h~ardtoMs (kn~c's ~ ~S ~OUl~m ~But I ~ucss what thew 2 q~e~ou ,~ot~ te hck of an AgrIcld~rul class~icauon, 3 whole beef is is that the~'s no Denton Plan and there's 3 the n~v Ccd~ Ires not be~n adopted yst, is that coneet? 4 nothing to tr~ _~ton to ~ec~aee ther~ is nothing out 4 ~ s~n,v~. That's corr~ut. 5 there tt, at is ~ceessibl~ m tlaelr minds that's aotually_ 5 ~a~.~oa~o- so today wa do havean 6 existing to trans~tton to So in flzlr ~!~ds, it s Just - ' - 6 ' .~rlculttwal clcs~aUon '7 Agncultm'aland ~a~*s ~s far es wc should take it, ? ~s~m ~hat's corrcut. 8 bccausctt,snot~oingtocb,r,_o~ ThcywantAt~'tcultural S l~.t~om~* ~ythetm~ths~spasscd, 9 but wcdon'O have A~tural in tt~ D~uton Plan and ~ that d~il~at~on may go away b~can,~ the I~=velopment Code 10 stuff I 0 could po~ntmlly be adopted bdo~ thts p mimty is 11 MR. SNYDER. I geess WI~I I'm saylng Is let's 11 Ill go ahead und haw the motion on what it should be upon 11 ~,~ fierce-, ff I makl: a sugl~shon, basically 13 anunxat~on C-etthatolltofth~'A~y Andth6111~'stakc 13' loolangatthccekadarforwhantlgspropertYtSgomt 14 up thc motion on what tl~ ful~c zoninE ot~,ht to be 14 throu~ tl~ ~,,~'~ation proccss, it is schcdulcd to ha{c ' 15 MS GO~II~ IIvas etlso lmd~ the impression 15 its ~oulng~ at xts last City Council bcurmg, winch 16 that it was al~tomattcatly, on~c you annexed the land, it 16 is on Junetl~ ~. I~ wa drier tho futur~ annlnS until 17 b6come, s Al~'tcultural 17 May tho !~, v~ would still havo hme to kccp it in tbe 18 MR. RI$1*I~L. Th~ way xt strands now 18 anocxation scl~xlule 19 MS GOUI~IE. YeS 19 ~a,n!r~L commissioner Wzlhams 20 MR. ~NYDEP.. NO W¢*V¢ ~U -- ' '~ 20 ~ MORE~' I m Sofia* I brought It up ll MS HUDSON. I tl~mlc it'S IUOI~ tradl, t~.~l than 21 ~ W~LIA.MS. [ nerd a point of lnformahon ~2 automatto 22 ~ s,,~ ~la, I thnk wa ought to g~ 23 MP,. SNYDF2,. 1¢0, V~VO lama doing that ~ 23 ehcad and voto on tbs motion and get this out of the way ~4 we've been having sepm~te zonlnSs on these ennoxatton 2 9. and ~en wa c~n ~cuss what wo want to do wt~ thc futur~ 25 for quite some ~ just to ~- ~ we -- , _ zoning I~LANNINO ~; ZONING COMIIISSIONER APRIL 11, 2001 Page 133 - Page (~ Condens~tTM ( - Pago 137 , _ Page 1 And es far es them wtll I~ an Agriculture I jest want to make that clenr 2 zunm~cl_,_~_~!~cation lfthc~at~proll~lesthatama 2 Iv~MQ',l~.lht.. t-ctmcs'lmm"'t~WhatI' 3 Z~,,~ cl~-tficatlon undsr fha cun~t Code that am not 3 lm&rstand We have a mellon on the floor which wes 4 addressed tn ti~ nc~v Cede, thun w~ will haYe lo have a 4 sccundcd to xccommend to tl~ Qty Council lhat ltun 5 pmvldon in th~ nc'W Code to make these - that pomon of :~ Pa~cular stte b~ broul~ht In es A~ncultural z°nlnS 6 thc ~ C_~la- su_,viv~ until such tlme as they're rozoned, 6 ~ SNYDE.~. ~t- ? ~Ve'll havc to do that. Sothls J?oneofti~roesons!why ? ~IdC~ILL That'swhatwe'rogomg.to.¥o~ 8 v~'~'~'-~n~thls~commeddattonesklngyoutOmalcea 8 +--:~nno,w A~thar~additlonalcommcntsor~:_c~l~:o.n~? Then 9 ~cco,"~'""'~'~on for t~ futu~ zonins so we've Sot{b EtrOO~h 9 .w~'~ ~cady to vote on the s~cond motion Plc~;~ote on I 0 th~ public hennn~ process, we won't have ~o ~o throush it I0 thc board Motion passes 7'0 il ~ 'l'bat'stl~solcpurposefordotngtigs 'rhat~ 11 Aliri~L Blow, Conuntssloncrs, tsthcma 12 why I roo-,,~m,md w~j~.st go ahend and vote o~ t~s and then 12 des~.~ to make a third motton conccnltns tigs nnncxatiun? 13 ~ enn tal~ up the~ thhd Issue 1t Ms lrJ~soN if I may at thts polnt, Mr 14 b~.~cl~It.1- l~Sht. We have a motion on tl~ 11 Cha~, as I was saying, in deshng vath tho schedule for 13 flunr and C~,~r,~i,~do~er Williams has a question I~ tho draft Code and h~ draft map es you're looldns at it, 16 ~_--.c~ caw-ye~ n~ver answer my I~ coml~arcd to th~ schedule of thls annexation, if yon take 17, quns'=onbccausclnesdayesoruo Okay, ThawayI 17 theoppoflunltyt°v°tc°nthcfuturoz°nlnSOfthlsOn 18 ~nda-~a~ tb~ motion now is v~ v~ll get to look at tlgs 1~ May th~ pth, wMch is one of your PO.Z m~..Ss,_.k ts 19 zonir~ In t~ contort of th~ whol~ zouinl~ map lil~ all 1~ after you ar~ suppes~ to have looked at thc map fc~ C~ty 2(~ oth~ prol:C~es, t~,ht~ ~,.,,. Z) Council It wEl also gtvc tha appropriate thun so imt 21- h.~.~'YDIL~. ~0 TMsmotf~'~'~just- 21 ttcanbo-havotheadcquatcspactnshnecds, acc~c~'cUn~ 22 ~,~. wl~J~ 1~o, no, no l'm talld~ about 22 to Stst~ law, between that and the t~me that th~'~Tun~ ts 23 tnib: fu~u-r. I'm not talMng about tont~ht. Inother 23 l~a~latCgyCounc'l 24 'wo~Is, I "__ ~,~_ to know what l'm votin~ on 2; ~ I~C~V.~'~T Another optmn, I ~unk, that 25 bm$~,'YD,~L All thls motion is is that y0u'rc ~ ' 7ou have is on ~e ~turc zoptng that you~ ~ n~a~c your Pag~ 138 ' ' ~-' Pag~ 140 1 rec~,u mcadmg that thls property bo zoned Agnctllttual at I roc..~mundation on thc future zoning at thc sam~_hn~ you 2 thc ~ t~t It'S amlexe, d into th~ City 2 ~. your rccommundaiton on tho zonh~g map That 'would ha $ },fR.~LIAM~ Okay, 1,1exttM-~ $ fl~c~lc~tandclcanestwaytodotk 4 M~. $~'YDBIt 'l~h~n there will be a thlrd motion 4 ~wltt~ts okay $ that will be $~'~ up on what you rccom,~ad ~ -- $ ~ si, a~e~. wc muddled through that .finall~ 6 bn~ ~! ~ NO, I don't want to go to tho t ~. ~a,~att~ Yes Okay Ms Hudson, do you 7 thtrd me,ion I wapt~tb stay with th~ one because thts ? have additional comments? 8 ou¢ I'm going tO trcte o~ right now $ - l~.trdOso~ 1~0, sir 9 l~!~. Sl,r~IL TMS one won't addre~ the othat ~m. t, ic~,mic~, okay Thank you ~7 munl~ 8o 10 is.~. l0 ~n IhearIn8 that Y°u'ro n°t rencly t° mak° a m°tt°n °u 11 },l~.Wn!-~ Okay The qnestlon is, okay, 11 ~sf~tt~ezunMgr~ommunclation? Okay V. er~ ~o[xl. So 12 ~ Ag proi~rty, we ~ Io0k at it on the zoning map at~d ! 2 ~ ~.~ ~c have now conclud~l Agenda,Item 9,.'We, ~havc - that ~ 13 ,~-e dcci~ons, r~t, bccau~ all thts ts old z0nh~? 1~,. completed ........ ~,._. C~ ~'~ RI~IaT' Yea II'~. At this poMt, th0 ~ornnunszon wm c~ose ~P' 14 ;~' Thank you 1-~ l~u~b%f~i~.cctmg and will c°nvenc iht° a w°rk a-~'{n thc 15 - ,- · ~vo~ r d at thts point v~*w'lli disc · 16 },fit. SNyDEP,. Bllt that 8 a little llusleadtng 1~ 'work z~d disc~.'~[ho. . 17 b~c,.usceacethen~wCodcisadoptcd, th~won'tbe~ 17 19 'V~lh 'm' ~.~ aslchlg Is that when we mal~'-~ th6 19 lv~ SI~D~. ~ng. ~ d.o thaf/. 20 rocorm~n&tion, whentho Commlssion makes tho 2I~ ~c~v_ ? raf, i~a.~qu~u.°n_ . ~, you can ccaddcr thls prop~'y a, that ttm, I~ l~'.o~o~I~? ~~._.. I~..W~IS YeS ~3 MS.W~LIAI~S ilyouwan~quahtyw~ 24 ~ MCt,'!m_ .~. okay .. ^ ~- - - - . ............. '. ~' -.~ [25 l~.. S,~.,fDiL~. ,rhat,s not a pint of thls mot~an -~. t~. l~ta,racr.. All n~ht. So ha'an~ h~nl .~.~_. pLANNIN~ & ZONING COMMISSION'BR APP. iL 11, 2001 Pa~ 137fPagc 140 ATTACH~NT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING APPROXIMATELY 46 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1000' VsrEST OF LAKEVI~W BOULEVAP, D IN THE M FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY, TEXAS TO THE AGRICULTURAL (A) ZONING DISTRICT, PROVIDING A SEVERABiLITY' CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-01-0004) WHEREAS, the City of Denton has apphed for a change of zoning for approx,~ately 46 acres of land dascnbed herren to the Agriculture (A) zornng chstnct and land use classlficatmn, and WHEREAS, on April 11, 2001, the Planning and Zoning Commlssmn recommended approval of the requested change m zomg to Agnculture (A), and WI-IEREAS, the C~ty Council finds that the change m zomng will be m comphance w~th the 1999 Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng chstnct class~ficataon and use des~gnataon of the 46 acre property as described m the legal descnptmn attached hereto and incorporated hereto as Extnb~t A m changed fxom temporary Agricultural (A) zoning d~stnct and use deslgnataon to Agriculture (A) zomng chstnct classaficatmn and use des~gnatmn under the comprehensive Zoning Ordinance of the C~ty of Denton, Texas SECTION 2 The Caty's official zoning map is amended to show the change an zoning dasmct classlficaUon SECTION 3 If any sectmn, subsectmn, paragraph, sentence, clause, phrase, or word m tlns ordinance, or apphcatmn therenfto any person or c~rcumstanees as held mvahd by any court of competent junsdmtmn, such holding shall not affect the validity of the remaining pomons of fins ordinance, and the Caty Council of the Qty of Denten, Texas hereby declares ~t would have enacted such remam,ug pomons despite any mvalad~ty SECTION 4 Any person vmlatang any prows~on of tlus ordinance shall, upon conwetmn,,be fined a sum not exceeding $2,000 00 Each day that a provlsmn of tbs ordinance ~s vaolated shall constatute a separate and dmtmct offense Page S \Our Docuraent~\Ordm~ce$\01 ~Z-01-0004 doc SECTION 5 Tins ordanance shall become effectave fourteen (14) days from the date of ars passage, and the C~ty Secretary ~s hereby d~rected to cause the capuon of tlus ordinance to be pubhshed twice m the Denton Record-Chromcle, a daffy newspaper pubhshed m the Cat), of Denton, Texas, w~thm ten (10) days of the date of ars passage PASSED AND APPROVED tins the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HEP. BERT L PROUTY, CITY ATTORNEY BY ~'~ Page S \Out Documonts\O~mances~O 1 ~Z-O 1-0004 doc EXHIBIT A LEGAL DESCRIPTION Being a tract of land situated m the M Forrest Survey, Abstract No 417, Denton County, Texas and being part of a tract of land descnbed in a deed to Nell Musgrave, et al, recorded in Volume 293, Page 418, of the Deed Records of Denton county, Texas and being more particularly described by metes and bounds as follows BEGINNING at a fence post on the south nght-of-way line of Blagg Road (variable width right-of-way being the northeast comer of said Musgrave tract and being the northwest comer of a tract of land descnbed nl a deed to Lakevlew Ranch L P recorded m Volume 4391, Page 1738 of the Deed Records of Denton County, Texas, THENCE South w~th the east line of smd Musgrave tract and a wire fence, and the west line of said Lakevlew Ranch tract, a distance of 1643 50 feet to a fence post being the northeast comer of a tract of land described m a deed to Doug Prewltt and Anna Kay Prew~tt recorded in Volume 1965, Page 834 of the Deed Records of Denton County, Texas; THENCE West vnth the south line of said Musgrave tract, and the north hne of said Prew~tt tract, and the north line of the H O and Lavoma Jo Prewltt tract recorded m Volume 820, Page 614, of the Deed l~ecords of Denton County, Texas, a d~stance of 1421 00 feet to a point on the north line of a tract of land descnbed m a deed to Doug Prew~tt and Anna Kay Prew~tt recorded m Clerk's File No 93-K0057448 of the Deed Records of Denton County, Texas, also being the southeast comer of a 15 foot road easement conveyed to Beatnce J Peterman, recorded in Volume 481, Page 526, Deed Records of Denton County, Texas, from said point a "T" post bears North 32 degrees 01 minutes 38 seconds East, a chstance of 5 34 feet, THENCE North vath the west line of said Musgrave tract, and the east line of said road easement, a distance ofT10 41 feet to a ½"~ron rod found for a comer, THENCE East, a distance of 165 00 feet, to a ¼ inch rron rod set with a cap stamped "Precise Land Surv "being an ell comer of said Musgrave tract, THENCE North, a distance of 261 78 feet, to a ½ tach iron rod set with a cap stamped "Precise Land Surv "being an ell comer of said Musgrave tract, THENCE West, a distance of 165 00 feet, to a ½ inch ~ron rod found for a comer, on the east line of the aforesaid 15 foot road easement, THENCE North, w~th said eat line, a distance of 247 72 feet, to a 3/8 tach iron rod found being the southwest comer of a tract of land descnbed in a deed to Arch Oldham and ~onme Kathleen Dunn Oldham recorded in Volume 2860, Page 802 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 59 minutes 36 seconds East, vath the south ]me of smd Oldham tract and s vare fence, a chstance of 676 35 feet to a fence post berne the southeast comerofatract oflanddescnbedlnadeedto EmestB Parsons recordedin Clerk's File No 97-068152 of the Deed Records of Denton County, Texas, THENCE North 00 degrees 05 nnnutas 17 seconds West, with the east ]me of said Parsons tract and a wire fence, a distance of 416 59 feet to a fence post on said south nght-of-way line being the northeast comer of smd Parsons tract, THENCE North 89 degrees 28 fmnutes 01 second East, smd south right-of-way line, a distance of 745 32 feet to the POINT OF BEGINNING, and containing 2,003,300 square feet or 45 989 acres of land AGENDA DATE: July 17, 2001 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT - A-01-0001 (Denton ISD) Hold the first of two public hearings regarding a proposed voluntary annexation and service plan for approximately 72 3 acres of land m the northern section of the City of Denton Extraterritorial Jurisdiction (ETJ) The site is generally located north of Loop 288, east of Smart Road and west of Sherman Drive BACKGROUND The property is owned by Denton Independent School District, which has requested that the property be annexed The entire tract of property owned by DISD is about 120 4 acres in size, of these, approximately 48 1 acres are already within Denton city limits (see Attachment 1) The proposed annexation would bring the rest of the property within the city The property is currently,undeveloped DISD's stated purpose of the annexation is to construct an elementary school, a middle school, a sports stachum, an indoor natatorium, an outdoor aquatic center and a park w~th playing fields (see Attachment 7) The City of Denton's Parks and Recreation Department would assist in the construction and operation of some of these facilities under a joint-use agreement with the school district The zoning at the time of annexation will be Agricultural (A) In accordance wtth the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed" This annexation case is being re-heard because at least six council members were not present for the first reading of the annexation ordinance, as required by state law OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Denton Plan anticipates this property to be within a Neighborhood Centers area Since this property [is outside the city limits, annexation is the logical step to ensure development consistent with Thc Denton Plan This annexation would provide the City of Denton the authority to regulate ,land use based upon zoning classification Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request for annexation ESTIMATED PROJECT SCHEDULE Th~s property ~s not platted and will need to be platted before development can occur PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 10, 2001 City Couned ~nst~tutes annexation proceedings June 5, 2001 Ongmal~anexat~on proceedings die for lack of reqmred quorum at Council Meeting Staff rewses annexation schedule and begins new annexation proeeedmgs FISCAL INFORMATION None at th~s t~me ATTACHMENTS 1 Locatmn Map 2 Zomng Map 3 Denton Mob~hty Map 4 Annexatmn Schedule 5 Service Plan 6 Petition for Annexation Respectfully submitted D~rector of Planmng and Development Prepared by Thomas B Gray J Planner I ATTACHMENT i ~ NORTH A-01-0001 Denton lSD) LOCATION MAP Agenda Date' July 17, 2001 Scale None ATTACHMENT 2 NORTH A-01-0001 (Denton lSD) ZONING MAP Agenda Date July 17 2001 Scale None 4 ATTACHMENT 3 NORTH A-01-0001 (D~SD) B88 DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials /",,,,* Secondary Major Arterials Collectors Agenda Date. July 17, 2001 Scale None ATTACHMENT 4 A-01-0001 ANNEXATION SCHEDULE February 19, 2001 Staff receives annexation petition April 10, 2001 C~ty Council receives a prehm~nary assessment, g~ves direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation a Pre#mlnaryAnnexabon Assessment prepared ~ Annexatlon Schedule prepared June 30, 2001 Notice pubhshed ~n Denton Record-Chronmle for f~rst public heanng a Not,ce sent to newspaper by noon on June 27 r~ Annexation Study prepared and available for public review :~ Service Plan prepared and available for pubhc rewew July 14, 2001 Notice published in Denton Record-Chromcle for Planmng and Zoning Commission public heanng r~ Not~ce sent to newspaper by noon on July 11 July 17, 20~ ~ City CounCil conducts first pubhc heanng, · P~blie/~tii~e rnu,~t be no less than 10 days and no more than 20 days~fere public hearing July 14, 2001 Not~ce pubhshed in Denton Record-Chromcle for second C~ty Council pubhc hearing r~ Not~ce sent to newspaper by noon on July 11 July 25, 2001 Planmng and Zoning Commlsmon holds a pubhc heanng and conmders making a recommendation to the C~ty Council regarding the proposed annexation and the proposed zoning · Public notice must be no less than 10 days before public heanng July 31,2001 City Council conducts second pubhc heanng · Pubhc not~ce must be no less than 10 days and no more than 20 days before public hearing August 21,2001 C~ty Council by a four-f~fths vote ~nst~tutes annexation proceedings F~rst reading of annexation ordinance · Action must be more than 20 days after the second pubhc heanng but less than 40 days from the first pubhc heanng September 1, 2001 Pubhcat~on of annexation ordinance ~n Denton Record-Chromcle r~ Text sent to newspaper by August 22 to ensure ~nclus~on October 2, 2001 City Council by a four-hfths vote takes hnal action Second reading and adoption of the annexation ordinance · Council action must be more than 30 days after pubhcat~on of ordinance and less than 90 days after council inst~tutes annexation proceedings ATTACHMENT 5 CITY OF DENTON ANNEXATION PLAN FOR A-01-0001 (DENTON 1SD) I AREA ANNEXED The annexation area is located m the northern portion of Denton's Extratemtonal Jumsdlctlon and contams approximately 72 3 acres generally located north of Loop 288, south of Long Road, east of Stuart Road and west of Sherman Drive H INTRODUCTION Th~s service plan has been prepared in accordance w~th the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Mtmm~pal faciht~es and services to the annexed area described above will be prowded or made available on behalf of the City in accordance with the following plan The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure mmntenance available ~n other parts of the city with similar topography, land use, and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A Police Protection, Code Enforcement, and Animal Control Police servme, ~ncludmg 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 enfomement and animal control services will also be prowded to the property upon the effective date of the annexation B Fire Protection F~re protection (within the hmlts of ex~stlng hydrants) and emergency medmal serwces 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 dedicated, and accepted by the C~ty of Denton and/or Denton County shall be mmntalned by the C~ty of Denton on the effective date of the annexation New traffic control devices will be installed as approved by the Denton City Council Installation and mmntenance of street signs, street hght~ng and traffic control devices will be maintained by the City of Denton on the effective date of the annexation C Parks and Recreation Faclht~es Parks and recreational faclhtles ~n the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located within the proposed annexatmn area Existing Denton neighborhood park facthtaes are at Evers Park and Avondale Park, winch are located wathxn reasonably close distance of the proposed annexation area Residents of the proposed annexation area wall be able to use existing C~ty of Denton park and recreation factht~es and programs Future park facilities are proposed for th~s annexation sate D L~brary 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 hbrary facthtaes are maintained throughout the city E Building Inspections and Consumer Health Services Bmldmg inspections and consumer health services wall be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are mmntamed throughout the City Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services dehvered Incomplete construction must obtain building permits from the Bufldmg Inspections Department of the City of Denton F Planning and Development Services Planmng and development services wall be will be made avmlable on the effective date of the annexation The Planning and Development Department currently services this property by way of admamstrataon of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land m the city and its ETJ, and the subject tract as part of an Neighborhoods / Infill Compatabthty Area No Environmentally Sensitive Areas (ESAs) are located on th~s sate The Denton Plan designates future land uses to manage the quahty and quantity of growth by organizing the land use patterns, by matcinng land use intensity with available infrastructure, and by preserving floodplmns as environmental and open space comdors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A Sohd Waste Collection The City of Denton ~s the exclusive residential and commercial solid waste service provider an the City The Department ~s an entirely fee based operation and received no resources from taxes Sohd waste collection service wall 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 Cxty of Denton Sohd Waste Department wall honor existing contracts with private sohd waste service providers after the effective date of this annexation an accordance with Texas Local Government 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/appheataon for service Currently the site contmns one vacant residential structure B Water/Wastewater Faeahtaes Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility wall began upon the effective date of the annexation using existing personnel and eqmpment Currently, the area to be annexed is not provided with any water or wastewater systems, and no C~ty of Denton water or wastewater lanes exist m the annexation area The City shall provide a level of water and wastewater service, infrastructure, and anfrastrncture maintenance that ~s comparable to the level of services, infrastructure, and tnfrastructure maintenance available m other parts of the eaty with topography, land use, and population density similar to those reasonably contemplated or projected an 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, ~nfrastructure, and infrastructure maintenance that as comparable to the level of services, infrastructure, and ~nfrastructure maintenance available ~n other parts of the c~ty with topography, land use, and population density similar to those reasonably contemplated or projected ~n the area D Electrical Services Denton Mumcapal Electric is certified by the State and is obligated to provide electric utlhty service to the annexation area should a request be made by a property owner Electric utlhty service will be made available on the effective date of the annexation on the same basis and at the same level as s~mflar facilities are maintained throughout the c~ty Denton Mumc~pal Electric as the current electric service provider for this sate V OTHER SERVICES Other services that may be prowded by the City, such as mumcipal and general administration wall be made available on the effective date of the annexation The City shall provide a level of services, infrastructure, and infrastructure maintenance that ~s comparable to the level of services, infrastructure, and infrastructure maintenance available an other parts of the C~ty with 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 within two and a half (2 ½) years unless certain services can not be reasonably 9 provided wltlun that period If certmn services can not be reasonably provided, the City will provide those services w~thm four and a half (4 ½) years after the effective date of the annexation unless the construction process is interrupted by c~rcumstances beyond the control of the C~ty Construction of other capital ~mprovements shall be considered by the City as the needs dmtate on the same bas~s as such capital ~mprovements are considered throughout the C~ty VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Notlung in tlus plan shall reqmre the C~ty to provide a uniform level of full munm~pal services to each area of the C~ty, including the annexed area, ~f different charactenmcs of topography, land use, and population density are considered a sufficient basis for prowd~ng different levels of service VI~I TERM This service plan shall be valid for a term of ten (10) years Renewal of the semce plan shall be at the chscretlon of Cxty Councd IX AMENDMENTS The servme plan may be amended if the City Council determines at a public heanng that changed conditions or subsequent occurrences make th~s 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, Seetaon 43 056 (Vernon Supp 2000) 10. ATTACHMENT 6 ~'~ Date Loop 288 and Sherman Dr (FM428) Ir of Denton, Texas The properq The undersigned also certifies 'accurate and assumes respons~bflity for the compleuon of said reformat*on prior lo scheduled acuon on the request of the C~ty of Denton 1 Is petition being mmated by owner(s) or malonty of registered voters In area of request? Yes If no, what is the status of the applicant? Owner's Consultant 2 How many dwelling units are located w~thm the area requested for annexation? 0 3 How many businesses or non res~denual land uses are located w~thm the area of request? 0 Please provide a general descnpt:on of these land uses mcluchng the names of the businesses, If koown Currently agncultural useage (fallow) Proposed uses Aquatic center (indoor and outdoor fae,ht~es), Sports stadium, Elementary school, M~ddle school and C,ty park w~th playing fields Developed and opelated by C~ty of Denton and Denton I S D 4 D~esarea~frequestm~udeanytemt~rywithmthecityhm~ts~rextratemt~ria~unschctmn~fan~therc~ty?N~ If yes, which city? 5 Estimated population of the area m request 0 Adults 0 Children 0 Number of Registered Voters 0 6 At the time of this petmon, have any other annexation procedures been mmated for all or any part of the area requested m this ~etmon? No If yes, please explain the procedures begun and their status Does a water supply district lie within the boundaries of the area proposed for annexation) No What zoning, if any, other than agricultural (A), ~s being requested under separate application? Applicable zoning to be determined by c~ty staff 9 What is the purpose of the annexation? To brmg the proposed development of this area under the conU'ol of the City of Denton 1! ANNEXATION PETITION PAGE 2 Applicant W~lham M Coleman Company Surveyors & Engineers of North Address 1621 Amanda Gourt Tel 940 482 2906 Fax 940 4822911 City Ponder State TX ZIP 76259 Emafl wcoleman@semcorp com Property Owner Demon I S D Company. Address 1307 North Locust Tel 940 387 6151 Fax City Demon State Tx ZIP 76201 Emafl Engineer See Applicant info Company Address Tel Fax City. State__ ZIP Ema~l SIGNATURE OF PROPERTY OWNER~R APPLICANT For Departmental Use Only (SIGN AND PRINT C~K TYPE NAM)~)'~/ C~se No '~ - O I, ' O(X) i (Letter o~au~g~a~idh required if signature is other thai property owner) Case Mmager ~0~5 Prmt or Type Name ~_?-~t ff~- ~~ TotalF~O) Subscribed and sworn before me this ~,.,,~B'"'~'#,,,/. APPLIGATION DEAl)LIb ~AY AT 10 00 AM L PLANNING & DE/ELOP','_;N'I ' 12 AGENDA INFORMATION SHEET AGENDA DATE July 17, 2001 DEPARTMENT. Planning & Development/~ / CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT. Z-00-0023 (Parks of Old North) Hold a public heanng and consider adoption of an ordinance rezonmg a 5 0 acre property from a One- Family Dwelhng (SF-10) zoning district to a Planned Development (PD) zoning district and approving a Detailed Plan for that purpose The property is generally located west of Old North Road approximately 200 feet south of Foxeroft Lane A single-family subdivision is proposed The Planning and Zoning Commission recommends approval (6-0) with conditions BACKGROUND Lots would average 5,700 square feet, w~th the largest being 7,000 square feet and the smallest being 5,000 square feet The lots will be arranged around a central courtyard, with a walking track located around the perimeter of the development The applicant is proposmg design features such as street trees and a minimum 75% masonry exterior for all homes The property is currently vacant and ~s surrounded by existing single family development to the north and east A multffamlly development ~s located to the south of the property The area to the west of the property is vacant Because this development ~s not larger than 5 acres, ~t is not subject to the Interim Regulations for residential development (Ordinance 2000-046) ~' The proposed development is eonslstant w~th the intent of The Denton Plan (see Attachment 1 - Comprehensive Plan Analysis section) ~ Twenty-seven (27) property owners were notified of the zoning request Four (4) responses have been received, one (1) is m favor, one (1) is neutral and two (2) are opposed to the zoning request This computes to 4 3% of the land area within 200 feet of the property ~ The developer is prowdmg storm sewer ~mprovements to handle drainage flow for this development These dramage Improvements will ensure that existing drainage problems along Old North Road are not exacerbated by this development However, these drainage improvements will not alleviate any exmtmg problems along Old North Road OPTIONS 1 Approve as submitted 2 Approve w~th condttlons 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this zoning request with the following condltaons 1 The proposed storm sewer shall be designed to handle 100 percent of the on-site runoff based on the proposed land use for the 5 acre tract only Existing offsite runoff will be handled by proposed drainage ditches on the north and south sides of the property and discharged to Old North Read accordang to current conditions W~th the proposed storm sewer, additional runoff to Old north Road will be captured to prevent further problems with drainage 2 Tile 6' high masonry fence along Old North Road may include ornamental wrought iron ESTIMATED PROJECT SCHEDULE The subject p~operty is not platted and would need to be platted prior to development PRIOR ACtION/REVIEW The following ~s a chronology of Z-00-0023, commonly known as Parks of Old North Application Date - December 22, 2000 DRC Date(s) - January 4, 2001 P&Z Date - June 13, 2001 FISCAL INI~ORMATION Development :of this property will increase the assessed value of the city, county, and school district It will reqmre no short-term public Improvements that are the responsibility of the city As a form of infill development, no extension ofpubhc infi.astmeture is necessary to service this site ATTACHMENTS 1 Planning and Zoning Commission Report, June 13, 2001, Z-00-0023 2 Planning and Zomng Commission minutes fi.om Z-00-0023 3 Draft Orchnance Prepared By Respectfully submitted Douglas Powell,AICP D~rector of Planmng and Development 2 ATTACHMENT 1 Agenda Number - 01-0017 Agenda Item- ~ Date - 0~-1;~ 01 PARKS OF OLD NORTH (Z-00-0023) DETAILED PLAN PLANNINO & ZONINO STAFF REPORT PURPOSE: Hold a pubhc heanng and consider making a recommendation to C~ty Council regarding a Detailed Plan rezomng a 5 0 acre property from a One-Family Dwelhng (SF-10) zomng d~stnct to a Planned Development (PD) zoning d~stnct The property ~s generally located on the west s~de of Old North Road approximately 200 feet south of Foxcroft Lane A subdivision of 23 single-family homes ~s being proposed LOCATION MAP APPLICANT INFORMATION: ^pphcant: Jay Thomas Jay Thomas Custom Homes P O Box 157 Denton, Texas 76202 Z 00-0023 (Parks of Old North) Prepared By Thomas B Gray SUMMARY OF ZONING REQUEST: The apphcant ~s raquestmg the approval of a Detailed Plan rezonmg the property to a Planned Development allowing 23 zero-lot-hne s~ngle-fam~ly homes (see Enclosure 4) The lots would average 5,700 square feet, w~th the largest being 7,000 square feet and the smallest being 5,000 square feet The lots w~ll be arranged around a central courtyard, w~th a walking track located around the penmeter of the development The apphcant ~s proposing design features such as street trees and a m~mmum 75% masonry exterior for all homes The property is currently vacant and ~s surrounded by ex~sbng single family development to the north and east A mult~fam~ly development ~s located to the south of the property The area to the west of the property ~s vacant Because th~s development ~s no larger than 5 acres, ~t ~s not subject to the Interim Regulabons for residential development (Ordinance 2000-046) COMPREHENSIVE PLAN ANALYSIS: The subject s~te ~s located in an "Existing Ne,ghborhoods/Inf, II Compatlblhty" future land use area New development ~n th~s d~stnct should respond to existing development w~th compatible land uses, patterns and design standards The plan recommends that ex~st~ng neighborhoods w~th~n the c~ty be vigorously protected and preserved Housing that ~s compatible w~th the existing density, neighborhood service, and commercial land uses ~s allowed Staff finds the proposed zomng consistent w~th the ~ntent of the Comprehensive Plan SPECIAL INFORMATION: I Transportation A Trip generation The proposed development would generate approximately 220 trips per day ~f built out w~th 23 s~ngle-fam~ly homes (see Table 1) Table 1 I Generation* I or Sq Ft Generation S~ngleiFam~ly I 9 57 trips/du/day I 23 lots 220 11 * Cal~ibtlOns provid~by the Institute of Transportation B Access The development w~ll have access from Old North Road A westward extension of Cheb~ Lane w~ll be constructed as part of th~s development C Road Capacity Z 00 0023 (Parka of Old North) Prepared By Thomaa B Gray Old North Road ~s Ident~fied as a collector street by the 1998 Denton Mob~hty Plan Th~s street ~s designed to be a four (4) lane undlwded street w~thout parking, prowd~ng four (4) lahes of through traffic As such, Its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 tnps per day Old North is currently constructed w~th four (4) lanes w~thout parking The most recent traffic count for Old North ~nd~cates that there ~s adequate capacity to handle the calculated trips that could be generated by the proposed development A traffic count at Old North Road north of E Umvers~ty ~ndmated a traffic volume of 6,594 trips per day Th~s ~s over 8,300 trips short of ~ts ulbmate capacity D Pedestrian L~nkages S~dewalks along all pubhc streets are reeqmred 2, Utilities Th~s development w~ll have access to ex~sbng water and samtary sewer hnes along Old North Road Adequate capacity to service the proposed development exists 3, Drainage and Topography New development w~ll be reequ~red to design and construct a drainage system to c~ty standards The proposed drainage system ~s ~ndlcated on the Detailed Plan 4 Signs As per the sign ordinance 5 Landscaping This property w~ll have to comply w~th the Landscape Code, which reequ~res fifteen (15) trees per acre and twenty (20) percent of all surfaces to rema;n pervious (plantable area) The apphcant ~s also proposing street trees at 30' ~ntervals 6 Open Space The common areas of th~s development w~ll be privately maintained Residential development ~s required to partm~pate ~n the development of pubhc recreational areas Through the Park Dedmat~on Ordinance (98-039), th~s development w~ll contribute to parkland ded~cabon and park development fees Dedlcabon reequ~rements are required dunng,the platting process Park development fees are reequ~red prior to the ~ssuance of building permits 7 L~ghting No restrictions on residential development 8 Environmental Qual,ty Impacts No negabve environmental ;mpacts have been ;dent~fled Z O0 0023 (Parks of Old North) Prepared By Thomas B Gray PROPERTY HISTORY: January 14, 1969 -The subJect property was placed Jn the One-Family Dwelhng (SF-10) zomng d~stnct and land use classification by Ordinance 69-01 (see Enclosure 1) The subJect property ~s not platted and would need to be platted prior to any development PUBLIC NOTICE: Notice of the zoning request was pubhshed m the Denton Record-Chromcle on Saturday, June 2, 2001 Twenty-seven (27) property owners w~th~n two hundred feet were ma~led legal notices and ninety (90) residents within five hundred feet were sent courtesy notices ~nform~ng ,them of the request (see Enclosure 2) As of th~s wnbng, there has been one (1) response neutral to the rezomng request (see Enclosure 3) A neighborhood meeting was held at Wilson Elementary on Thursday, December 14, 2000 ANALYSIS & RECOMENDATION: Staff finds the proposed development to be consistent w~th The Denton Plan and recommends approval MOTION: I move to,recommend approval of Z-00-0023 w~th the following condition 1 Proposed storm sewer shall be designed to handle 100 percent of the on-s~te runoff based on proposed land use for the 5 acre tract only Ex~stmg offs;te runoff will be handled by proposed drainage d;tches on north and south s~des of the property and d~$charged to Old North Roed according to current conditions W~th the proposed storm sewer, additional runoff to Old North Road w;ll be captured to prevent further problems w~th drainage ALTERNATIVES: 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend denial 4 Postpene consideration 5 Table item ENCLOSURES: 1 Zoning Map 2 Property Owner Notification Map 3 Property Owner Responses 4 Proposed Detailed Plan Z-00-0023 (Parks of Old North) I~ ~ ~ Prepared By Thomas B Gray Enclosure1 SITE No Scale ZONING MAP Z 00 0023 (Parks of Old North) Prepared By Thomas B Gray Enclosure 2 NOTIFICATION MAP 200' Legal Notices sent via Certified Mall 27 500' Courtesy Notices sent via 1st Class Mall 90 Number of responses to 200' Legal Notice · In Opposition 0 · In Favor 0 · Neutral 1 Pament of land within 200' ~n opposition none Z-00-0023 (Parks of Old North) Prepared By Thomas B Gray NOTICE OF PUBLIC HEARIN6 Z-00-0023 The Planning and Zomng Commission of the C~ty of Denton will hold a pubhc hearing on Wednesday, June 13, 2001, to consider recommending approval to City Council the rezoning of a 5 0 acre property from a One-Family Dwelling (SF-10) zoning district to a Planned Development (PD) zoning d~stnct, and to consider recommending approval to C~ty Council a Detailed Plan for that purpose The property is generally located on the west slde of Old North Road approximately 200 feet south of Foxcroft Lane (see map on backside) A subd~wslon of 23 single-family homes is being proposed The pubhc 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 own property wlthln two hundred (200) feet of the subject property, the Plannlng and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the i~ub#c hearing Please, In order for your opinion to be taken Into account, return thls form with your comments prior to the date of the pubhc heanng (This In no way prohlb#s you from attending and partlclpat~ng m the ~ublm heanng ) You may fax ~t to die number located at the bottom, mail It to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn: Thomas B. Gray, Planner I The zomng process includes two public heanngs designed to provide opportunities for c~bzen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of th~s nobce The first pubhc hearing ~s held before the Planning and Zoning Comm~ssion The Commission is informed of the percent of responses In support and in opposition Second, the zoning pebtlon ~s forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commission recommend denial, the pebfioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wntten opposibon, 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 ~favor of r~eques~...~~ Neutral to request Opposed to request Comments Printed Name I,/'.~ 1¢ ~, ~' _~)zTL/v U Maibng Address ~-2 I,'~ 1 ~. 4d.~, ye ~- 5 ~ 7'-v City, State Z~p ~t"/-o n; 7~X 7 Telephone Number 4) .~/0 ' ~ ~,~ - Physical Address of Property w~th~n 200 feet CITY OF DENTON, TEXAS CITY HALL WEST o DENTON, TEXAS 76201 · 9403498350 o (F)9403497707 Z O0 0023 200 Notice NOTICE OF PUBLIC HEARING Z-00-0023 The Planning and Zoning Commlsslon of the City of Denton will hold a pubhc hearing on Wednesday, June '13, 2001, to, consider recommending approval to City Council the rezoning of a 5 0 acre property from a One-Famdy Dwelling (8F-10) zoning district to a Planned Development (PD) zoning d~strlct, and to consider recommending approval to C~ty Council a Detailed Plan for that purpose The property is generally located Ion the west side of Old North Road approximately 200 feet south of Foxcroft Lane (see map on backside) A subdIvision of 23 single-family homes is being proposed The pubhc heanng 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 property w~thin two hundred (200) feet of the subject property, l the Plennlng end Zoning Commission would I/ke to hear how you feel about this zoning change request and Invites you to attend the public heenng Please, in order for your opinion to be taken into account, retum this form with your comments prior to the date of the pubhc heanng (Th~s In no way prohibit.~ you from attending end pe~icipeting ~n the public heanng ) You may fax it to the n.uornber located at the bottom, mail it to the address below, or drop ~t off In-person , ~-~ . ! ,~ Planning and Development Department .L,-///¢~3 //,_'), 22t N. Elm St ~- J//~ ~%/\'/ Denton, Texas 76201 '~//~7~?/ Attn' Thomas ..Gray, Planner, The zoning process includes two public hearings designed to prowde opportun~bes for c~t~zen involvement and comment Prior to the public hearings, landowners w~thin two hundred (200) feet 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 Zoning Commission The Commission is informed of the percent of responses In support and in oppos~tion Second, the zoning petition is forwarded to the C~ty Council for final acbon prowdlng the Commission recommends approval Should the Commission recommend denial, the pebtioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wntten 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 peroentage of landowner opposihon In favor of request /~Neutr~;~te °~ Opposed to request Comments Signature ~ Maihng Address ~-. ~ "7~fl ~ .'- ~"-~/~-~ ~'~ ~ c,ty. State ~,p ~>~.~ ~ ~ _..-~ -T~ "~ ~ %~ Telephone N~mber ~ [ ~ ~?)~ 3[ C'~ _ Phys,¢a, Addresa of Property w,th~n 200 feet ~ ~-'~" O 1 C{ ~ ~ (~ ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Z O0 0023 200'hct~ce ~.o NOTICE OF PUBLIC HEARIN6 Z,00-0023 The Planning and Zoning Commission of the City of Denton will hold a pubhc hearing on Wednesday, June 13, 2001, to consider recommending approval to City Council the rezomng of a 5 0 acre property from a One-Family Dwelling (SF-10) zoning district to a Planned Development (PD) zoning district, and to consider recommending approval to Qty Council a Detaded Plan for that purpose The property m generally located ,on the west side of Old North Road approximately 200 feet south of Foxcroff Lane (see map on backside) ^ subdivision of 23 slngle-famdy homes is being proposed The pubhc heanng w~ll start at 6 00 p m In the City Councd Chambers of Qty Hall located at 215 E McKmney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about th~s zoning change request and inwtes you to attend the public hearing Please, ~n order for your opinion to be taken into account, return this form with your comments pnor to the date of the pubhc heanng (Th~s in no way prohibits you from attending and parbcipating ~n the public heanng ) You may fax it to the number located at the bottom, mall It to the address below, or drop ~t 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 public hearings designed to provide opportuntbes for c~tizen involvement and comment Prior to the public hearings, landowners w;th~n two hundred (200) feet of the subject property are not,ed of the zoning request by way of this nobce The first pubhc heanng ~s held before the Planmng and Zoning Commission The Comm~ss;on ;s reformed of the percent of responses In support and in opposibon Second, the zoning pebtlon ~s forwarded to the City Council for final action providing the Commission recommends approval Should the Comm~ssion recommend denial, the pebt~oner may then appeal the request to the Qty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wntten opposit~on, then mx out of seven votes of the Cr[y Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposibon Please circle °ne O~ppose re~uest~~ In favor of request Neutral to request d to Comments Signature Printed Name ~_.~/~/~/~' Ma,hng Address '~.~'/~' City, State Zip ___~",~',~/1! T""~' Telephone Number ~Z-i~ ~?.~ ~'/0~ Physical Address of Property within 200 feet ~._/ ClTY OF DENTON, TEXAS ClTY HALL WEST o DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Z O0 0023 200' Notice NOTICE OF PUBLIC HEARING Z-00-0023 The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc hearing on Wednesday, June 13, 2001, to consider recommending approval to C~ty Council the rezonlng of a § 0 acre property from a One-Family Dwelling (SF-10) zomng d~stnct to a Planned Development (PD) zoning d~st~t, and to consider recommending approval to City Council a Detaded Plan for that purpose The property ~s generally located on the west side of Old North Road approximately 200 feet south of Foxcroft Lane (see map on backside) A subdlwslon of 23 single-family homes is being proposed The pubhc headng will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~thln two hundred (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 Inwtes you to attend the pubhc hearing Please, ~n order for your ol~mon to be taken into account, return this form wlth your comments pnor to the date of the pubhc hearm.c (Th~s m no way prohibits you from attending and participating m the pubflc heanng ) You may fax ~t to the number located at the bottom, mall It to the address below, or drop ~t 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 hearings designed to prowde opportun~t;es for clbzen ~nvolvement and comment Prior to the public hearings, landowners w~thm two hundred (200) feet of the subject property are nobfled of the zoning request by way of th~s nobce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission is ~nformed of the percent of responses ~n support and in opposition Second, the zoning pebbon ~s forwarded to the City Cocnc~l for final acbon providing the Comm~ssion recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area with~n two hundred (200) feet of the s~te submit written oppos;bon, t~en s~x out of seven votes of the City Council are required to approve the zon;ng change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request O~____~_~_ed to r~ Comments S,gnature ,~ ~ Printed Name ~',- ~. Mad~ng Address ~ Cl~, State Zip ~ ~ Telephone Number Physl~l Address of Prope~ within 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Z-OO 0023 200 Notice ATTACHMENT 2 Page 171 1 -- and must comply with any other I central park area that, I guess, would be another eLght 2 2 feet or so for parking 3 3 And the only other thing I wanted to add was 4 MS 4 ~ace the tune the staff report was written, we have 5 Enclosure 3 is to 5 r,xelved tx~o additional responses from property owners, 6 6 ene person who is in favor and one person who is opposed 7 7 I'3 go ahead and pass these around 8 8 I ~ould also point out that the applicant is 9 Seeing 9 p'opo.ang design features such as street trees, rmmmum l0 l0 n:asom'y exterior percentage Those are all outlined in I l passes 4-2 I 1 t~ te~ on your detailed plan document which you-ali 12 (COMMi$~iONER.~ 12 should haxe received Smee this is right at five acres, ~4 I ~J. J ....... , 13 It ts not subject to the interim regulations which is why Item No 12 this evening is to hold a pubhe 14 au can go dueetly to a detailed plan to create this 15 heanng and consider making a recommendation to the Cio 15 P~nnood Development zoning district And I will, I can 16 Council on a detailed plan rezomng a five-acre property 16 a~'wer an) questions or turn it over to the applicant 17 from one faintly dwelling (sl~ 10) zoning district to a 17 MR. MORENO Commissioners, any questions for 18 Planned Development zoning district The property is 18 5~ Gray'~ I don't see any, Mr Gray Is the applicant or 1,9 generally located on the west side of Old North Road i9 their representative present9 Please come forward State 20 approximately 200 feet south of Foxcreft Lane A 20 ) cur name and business address for the record, please 21 subdivision of 23 single-family homes is being proposed 21 MR. BUSSELL Yes, sir My name is Allen 22 This is The Parks of Old North Mr Gray 22 l~aseH 1 ~ork with Surveyors & Engineers of North 23 MR GRAy Thank you 23 Texas. 1621 Amanda Court, Ponder, Texas, 76259, I think 24 MR MORENO The public hearing is open 24 II ~ late ~ e're not proposing any gas or oil wells here 25 MR ORAY Thank you This is a request to 25 I'm going to go through this really quick Page 170 Page 172 1 rezone this five-acre property from sF 10 to Planned 1 It ~ late and I'm not used to being up this late I'm 2 Development I th~nk the applicant has a Powerpoint 2 j~'t rt~lly quick going to go through this -- just how big 3 presentation ready to go but I'll go ahead and show you a 3 it ts, where it is, the topography and the drainage and 4 rendenng of what's proposed 4 how that's going to work, and then the design of the site 5 And, ofeaurse, thebutld~ngfootpnntsnught 5 ardhow~elatdltout This is the slte It'snght 6 not look exactly hke this But the apphcant is 6 ii.re em Old North Road Just north of the Foxcrest 7 proposing 23 small lot, roughly, I think the lots are 7 A~artrnents. just across from Cbebl Lane, which we're 8 going to average 5,700 square feet The largest will be 8 er-enchng and just to the northwest of Mist}wood 9 7 000 square feat The smallest will be 5,000 square 9 The drainage, if you see the arrows there, i 0 feet Of course, under sh'alght zomng our smallest lot 10 tt~t'~ how the drainage is currently happening with the 11 size is 7,000 square feet This is why this requires a 11 fl0w o,£ water going this direction toward Old North The 12 Planned Development They will be zero lot hne homes 12 m.e is pretty flat It's a lot less than one percent and 13 such that y0u'll have a side yard on one end of the 13 so it's a very slow water flow but it's steady What 14 building but you don't necessarily have to have one on the 14 'au're proposing ts to take the existing flow that's not 15 other The applicant envisions this as mom of a 15 o~sate and move it around and, basically, it's going to 16 ret~reaneat communi~ where people who - olde* people who i6 ge where It'S going now into Old North Road The flow 17 don't necessarily want large lots or big yards to maintain 17 on-sate that we're creating in addition, the additional 18 wall hve here 18 fl0w that '~x:'re creating is going to be taken down in a 19 The apphcant Is proposing to center these 19 p2e system south on Old North and then into the existing 20 homes around a central courtyard There w~ll also be a 20 cmerer, e channel behind the medical offices that you see, 21 walkang track around the peanmeter of the development for 21 the pro, fessienal offices that you've seen down there 22 the homeowners to use This development will include an 22 This is the rendenng that Thomas showed on 23 exteasionofCheblLane Theoppheanthasectaally 23 theo~-hesd Hopefully, it'sahttlecaslertosoe 24 proposed that the sheet itself be 24 feet wide with a 24 h~"e And ~ he said, these footpnnts are not an}where 25 parkang bay around the perimeter of the courtyard or the 25 clo~e to reahty I just wanted them there for scale and PLANNING AND ZONING COMMISSION 3, 2001 Page 169 - Page 172 1~. CondenscltTM Page 173 Page 17 ~ 1 so I just put some boxes tog~th~- and lazd ~ m ~ I MR BUSSELL U S s~facc flow 2 OB ~ bBlldmg hne ~at you s~ h~ Is ~e w~ng 2 MR MULROY SO you'll have ~e only p~pe 3 ~ack go~ng aro~d ~at ~'R do Is ~*~ tenet ~t 3 sys~ on Old No~ Road 4 h~ so ~ don't have ~ go back out h~ ~ 4 ~ BU~ELL WO~ I don't know what's way 5 boulevard en~, ~e s~t ~, and ~'~ have 5 downs~m of ~s, but m ~s ~, yes 6 omamen~t ~s out h~ in Old No~ R~d n~t~f-way 6 MR MULROY okay ~d you wllI bo s*z~ to 7 ~ause ~'s an ~ts~ng po~ hnc ov~h~d ~d ~ 7 acco~odate only yo~ d~elopment and no ~ t~e m or 8 don't want ~e ~ m ~t ~at ~gh And ~en you s~ 8 an~mg? 9 ~e s~t ~ sca~ ~ou~out ~e prop~ ~d 9 MR BUSSELL m ~ p~pe system, ~at's 10 ~en, of co.se, ~e ~1 coward w~ some 10 co~t 11 ~tmn ~ m ~ l I ~ MULROY okay Would ~t m~e sense to 12 One of ~e ~ngs ~at was bro~t up, ~t 12 off~ some kind of c~t to ~e C~ and ~en let ~ 13 ~omas b~u~t up, ~e 75 p~cont mason~ Is ac~Ry 10~ 13 develop ~ ~mnage utdxw for ~at tom1 s~t and let 14 p~cent mason~ And one ~mg [wouId hke ~ ~u~t ~s 14 you ~am onto ~e s~t as ~t's happemng right now and 15 flee wall along Old No~ Road be chang~ ~o a ~so~ ~ 15 not put one s~ze p~pe m t~y and fl~en a y~r from now 16 ornamental ~ron wall to open It up some ~ns~d of just a 16 have ~ go ~n a p~altel syst~n or rake ~at s~ze out and 17 mason~ wall 17 put a lar~ sys~7 18 In s~aW, ~t's five acres on Old No~ R~d 18 MR BU~ELL A IlRlg hlS~ ~ We've 19 We'Ve got smgl~*f~fly on ~c no~, m~l~-fa~ on ~ 19 b~n n~otmtmg w~fl} C*W ~ngm~ng for a y~r on ~o 20 sou~, and single famdy on o~ ~st and ~cn ~t's vacant 20 ~ama~ 21 ~cwcst ~magc, wo'~d]v~mg~cadd~t~onal 21 MR MULROY okay 22 flow ~ a pip~ sys~ and channel sys~ And ~ ~'x e 22 MR BUSSELL And ~S Is ~c solution ~at's 23 got o~ ccnffaI co~d In ~ d~gn Parallel p~g 23 b~n made 24 ou~do ~ ~affic hn~ and ~on wo'~ race.orang 24 Ma ~LROY WC~ I know for a fact ~at ~ 25 s~t ~s wl~ ~ design ~ ~ any q~stmns? 25 CiW ~s auditing pipe s~ for ~c FEMA proj~t wuh Page 174 Page 176 } MR MORENO CO~lg$1on~ Apple I C~W funds b~ausc It mak~ sense only to put ~t m one 2 MSAPPLE Thowa~mg~ad~atg~s~ound 2 t~me Okay It'snocnt~msmofyou I'mjustsaymg 3 ~e p~mg~ of ~a dovolopm~h ~s ~at gmng ~ ~ 3 we're so~ng o~s~lws up for doing somc~mg ~co 4 completely onclos~ m fencing aR ~o way aro~dO 4 MR BUSSELL I ~ ~ add~tmnal flow 5 MR BUSSELL Th~'s a slx-foot c~ar f~ce 5 behind ~s prop~ ~s going to go no~ We'~ actually 6 completely around h~ ~n ~ masonW and I wo~d ho~ 6 d~v~mg flus sou~ to ~ channel ~at can handle ~s 7 ~ ornamental ~ron would be h~ So p~ much it ~s 7 small amount of add~tmnal flow So ~ big p~c of 8 enclos~ ~ ~s going ~ bo a conn~t~on, of co~sc 8 prop~ m tho back will have ~ bo conmm~ and ~avd 9 h~ ~ ~o pubhc s~d~a& and ~en w~'m going ~ dl~ 9 no~, as I und~s~nd a So a's not gmng ~ b~ 10 ~s pa~ h~ ~ ~o m~or h~ so ~t's a h~le 10 following ~ pa~ ~at ~s p~pe sys~ ~s 11 ~sl~ ~ got ~ D~d ~at ans~ yo~ qu~tmn? 11 M~ MULROY okay 12 MS APPLE Y~h And ~en I p~o f~c~ 12 MR BUSSELL D~ ~flt m~o sense? You 13 would mn along ~o pmp~, ~ backs of ~ prop~ 13 wouldn't ~ ~lacmg ~s p~po sys~ 14 I'm.lust ~mg ~ enwsmn ~s wa&me pa~ Is ~t just 14 MR MULROY okay So any o~ fronmg~ on 15 going ~ be m be~ ~o fenc~V 15 Old No~ Road ~s not going to t~ rote ~s pipe sys~19 16 MR BU~ELL RI~ ~gc~t ~at ~o m~or 16 MR BU~ELL AS [ ~d~s~nd a, y~ 17 f~c~, and I d~dn't men,on, I should haw, ~ m~or 17 MR MULROY IS R develop~ ~ ~ sou~ of 18 fences n~r ~ hous~ am ~c~ to fo~ f~t ~ 18 ~ls on Old No~ Road compl~ly bc~n yo~ dcwlopmcnt 19 and om~on~l ~ron only so it's open So you don't f~l 19 and ~ &ama~ channel? 20 hke you'~ m a canyon 20 MR BUSSELL [ don't ~mk ~ apa~onts go 21 MS aPPLE okay ~a~you 21 all~ewayto~acom~ofUmv~s~W 22 MR MORENO ~lSSlOR~ MR~oy 22 MR MULROY what s be~n ~e apa~ and 23 MR MULROY Y~h ~ BUss~ll, on ~ 23 yo~ d~lopment9 24 ~ama~, Is ~e ex~stmg ~ama~ on Old No~ R~d a 24 ~ ~USS~LL 80~ng W~'m abusing 25 pipe sys~ or ~s ~t s~face flow? 25 ~ ~oY you wdI como up ~ ~ PLA~G A~ ZO~G CO~SSION J 15 ,2001 Page 173 - Page 176 CondengoltTM Page 177 Page 179 I apartmems i MR SALMON okay Old North Road being two 2 MR BUS,ELL Yes, sir 2 through lanes can handle ~n the neighborhood of about 3 MR MULROY wtll your underground pipe go 3 9,500 cars a day at level of Service C which is our 4 past the apartments? 4 current standard The traffic count on Old North Road IS 5 MR BUSSELL Yes 5 considerably less than that If you need to know that 6 MR MULROY Okay And there's nothing on the 6 exact number, I've got a traffic count map up In my 7 other side of the apartments'> 7 folder 8 MR BUSSELL There's homes and there's the 8 MR WILLIAMS That's okay Thank you 9 medmal complex, the professional offices. 9 MR MOaeNO conunlssmner Gem.die 10 MR MULROY But on the north -- on ~ west 10 MS oourtDie Thank you On your -- you 11 side of the road'~ 11 requested that you wanted to - you have two thffetent 12 MR BUSSELL oh, I'm sorry On the east 12 comments here aceorthng to screening yom' fences You do 13 side, there's existing homes On the west side, it's 13 have it marked that it's a SlX-foot sohd steel pole w~th 14 vacant 14 cedar fence around thc per,ranter of the south, west, and 15 MR MULROY okay So at some ttme m the 15 north 16 future tf that was developed, that would lac mtn that 16 But then under your detailed part undo' 17 pipe? 17 s~gnage, which is then screened, it just says a slx-foot 18 MR BUSSELL NO As I understand ti, tins 18 fence is proposed along west, north, and south boundaries !9 pipe ts designed to handle this project only and ts 19 So you have it detailed on one side but on the other side 20 runnmg into that channel And any other addmonal 20 it's really open to brick, stone, and architectural metal 21 development ~mprovements would have to be made m Old 21 Do you want us to mix one part of that? Or what was your 22 North Road to take tt north 22 commentary about wanting it mixed between 23 MR MULROY Okay So notlung else going 23 MR BUSSELL oh If you look on the right 24 south would tie mtn that pape'> 24 side on the top of the project, It stated It as a Slx-foot 25 MR BUSSELL That's correct 25 masonry wall whmh would be a solid masonry wall along Old Page 178 Page 180 I MR MULROY NO potential9 I Nm.th And all that I would request is that we can mix 2 MR BUS~IELL NO 2 and match the masonry and ornamental iron along Old North 3 MR MULROY okay So it would remmn the 3 That's all 4 sanle size? 4 MS OOURDIE All right Because I read It, 5 MR BUS,ELL Yes, SIr 5 ~t just says a SlX-fOOt wall IS proposed along Old North 6 MR MULROY okay But you wall ha~e the only 6 Road and materlals allowed, brlck, stone, and 7 undergroBnd piping? 7 architectural metal So I'm not sure I'm reading what you 8 MR BUSSELL We are it 8 said unless u's over 9 MR MULROY Thank you 9 MR BUSSELL it's m the drawing 10 MR BU'ISELL Yes, sir 10 MS OOURDIE okay So you want mined on one 11 MR MORENO CommlsslonerWflharr~ 11 sldeandjustleftontheothersaysyouoanuso 12 MR WILLIAMS Yeah Mi' Sahnon ran off on 12 archltecturalmetal? Iguessyon'vegottwodlfferent 13 me Oh, Mr Salmon, are you here'~ I not,ce here that 13 things happening 14 It'S 220 trips And since I travel that road m the 14 MR BUSSELL I m sorry It's late 15 rooming, ,I'm concerned about 23 lots there, and I always 15 MS OOUROIE I agl'~ 16 look at everybody as being a two-oar farmly so to me 16 Ma REICHHART If I can interject 17 that's at least 46 more cars right there on the comer of 17 MR BUSSELL Yes, sir 18 Umverstty and Old North Can Old North handle that 18 Ma REICHHART on the b~gger site plan, it's 19 wxthout a turn lane, a turn going mtn that property9 19 cosier to read There's a label identifying that wall, a 20 MR gALMON old North Road ts a collector 20 SlX foot masonry wall along Old North And what the 21 street wluch means xt's got two lanes of through traffic 21 apphoant has asked is just that it be masonry and wrought 22 and enough room for parking on e~ther sxde 22 iron 23 ~R WILLIAMS But nobody parks on tkere I 23 ~4s oouaDm mght But also down here on 24 mean, tt should be in theory but at between 7 00 and 9 00, 24 the other part is says slgnage and then the second bullet 25 ~t's not 25 says screening and it describes the fences Is that PLANNINGIA'N-D ZONING COMMISSION J 16 ,2001 Page 177 - Page 180 I2ondenseItTM Page 181 Page 183 1 something ~otally d~fferent or ts that screening on a I filled out, but she did not lnthcate whether she w~shed to 2 different level9 2 speak or not or was in support or opposition So I'll lay 3 MR. BUSSELL I knov, the fences on the north, 3 that aside 4 west, and south is a wood fence, a cedar fence 4 Is there anyone here to speak m support or 5 MS COUP, Om Right I read that here 5 opposition of this Agenda item? Anyone to speak m 6 MR BUSSELL And then the fence on the east, 6 support or opposition? Semng no opposition, rebuttal is 7 of course, masonry and ornamental Lron 7 waived Mr Gray, do you have any final reaaarks? And I 8 MS COUP, DIE I gl,lasS ! don't -- what ts -- 8 will cIose the public hearing 9 then tn the,stgnage, what ts the screening part whom it 9 MR OiIAY staff has no reauarks other than we 10 says a six-foot fence under screening? It doesn't have 10 do recommend approval 11 wood stated under there l'm just clarifying 11 MR MOREr40 okay Commiss~oners, any ~ 12 MR. REICHHART It doesn't have the material? 12 questions, comments, or a motion? Commissioner Apple 13 I didn't hear what )ou sa~d 13 MS APPLE {JUSt have one question I 14 MS COUP, DIE well, It has materials It has 14 noticed that a neighborhood meeUng was held Did you 15 buck, stone, and architectural metal It doesn't have 15 attend? 16 wood but wood is stated on tins side It doesn't describe 16 Ma aMY Yes, I did 17 that -- it strictly says -- tlus s~de conflicts with that 17 MS APPLE what kind of turn out did you 18 side That's all I'm gomg to say Thtsstdedoesnot 18 have9 19 match that side And I'm under the Lmpresslon that what's 19 MR ORA¥ we had several, the applicant and 20 stated here Is what's supposed to be shown there 20 several of the applicants h~s investors and engineers and 21 MR SNYDER I think you must be correct 21 such but I think we only had one or two people from the 22 MS GOURDIE okay 22 ne:ghborhood 23 MR S\'YDER Is that what you wanted9 Yes 23 MS APPLE were either one of the two opposed 24 Okay 24 or had any concerns? I noticed one of the comment cards 25 MS COURDIE Ijustwanttomakesnrett's 25 from someone who hved withm 200 feat was opposed and I Page 182 Page 184 I right because you've got -- I was .lust wondonng if you -- but she didn't give a 2 MR BUSSELL 1 m sorry for the confusion 2 commentary and I was just wondering if maybe she had come 3 MS COURDIE send )ou home early next tLme 3 to the neighborhood meeting and expressed 4 Thank you 4 MR GRAY I don't know ff it was tho same 5 MR MORENO commissioner Williams 5 person who was at tho neighborhood moating The people at 6 MR WILLIAMS 't es I forgot to ask you a 6 tho neighborhood meeting, the two, one or two people that 7 question The City ~taff mentioned something about a 7 did show up from the neighborhood, didn't seem to be very 8 parkang shed, I'm using shed, outdoor parking, covered 8 - they didn't seem to be opposed At least as far as I 9 outdoor parking If you ~dn't say it, it's late 9 could tell I think they wanted some information about 10 MR BUSSELL I don't t.hank it was outdoor I0 the development but as far as I remember, they did not 11 parking, tt was parlang outside the traffic lane that's 11 register any opposmon with me at that time 12 parallel to the road here There's some here and there's 12 This neighborhood meeting was held last 13 some here 13 December, to give you an idea of how long tlus we've 14 I~t. WILLIAMS Did 5ou mention covered 14 bean working on the drainage issues for this development 15 parking9 15 so I can't say my memory is completely clear But I think 16 MR BUS$ELL I don't tlunk so 16 I would remember if somebody had voiced their oppeslnon 17 MR WILLIAMS It's late 17 at that meeting And as far as I remember them was 18 MR. REICHHART He Imght have said parking 18 none 19 bay 19 MS APPLE Thank you 20 lvffi WILLIAMS okay It's late 20 MR MORENO commissloners, it's late Can I 21 MR. Mom~,o okay Comrmsstoners, any further 21 have a moUon? Ms Oourd~e 22 questtous for Mr Bussell'~ Seeing none, thank you, Mr 22 MS oocmom Thank you I'll make a motion 23 BusseI1 I ha~,e a card from Janette Newtun to address 23 but I'd first hke to say to staff If y'all could m the 24 this Agenda item If you're still here, please step 24 future if it's the same - I think it would have been nice 25 forward Janette Newton, ave you here? Her card is 25 if we could have done it together, Ms cases could have PLANNING AN'ID ZONING COMJ/flSSION .V- ~ ' ", 2001 Page 181 - Page 184 17 CondcnseltTM Page 185 I been back to back I didn't reahze he had another case 2 tcalght and somettmes I think if we know it's tho same 3 person ~t would be nice to know so they wouldn't have to 4 sn he~. 5 BUt, anyway, I'm going to make a motaon I 6 move to recommend approval of Z 00-0023 vath the following 7 condmons number one, proposed storm sewer shall bc 8 designed to handle 100 percent of the on-s~to runoff based 9 ca proposed land use for the five acre tract only 10 F_x~stmg off-site runoff var be handled by proposed 11 cltalnage ditches on the north and south sides of the 12 property and to stor~ dlsckarg~ to Old North Read 13 ~.cordmg to cra'cent conditions With the proposed storm 14 sewer, additional runoff to Old North Road will capture to 15 pr*vent further problems with drainage And number ~wo, 16 the fence or let's word at this way, the slx-inch (sic) 17 masonry wall along Old North right-of-way may also mcluda 18 'a'mught ~on 19 MR. BUSSELL SlX-Inch or slx-foot? '20 MS OOURDIE oh, I'm son~ Slx-foot Thank 21 22 M~ MORENO thave a motion on the floor 23 May I hear a second? 24 MS APPLE second 25 Ma. MORENO okay I have a motion for Page 186 1 a~pro~ al with conthtlons and a second Any discussion, 2 ccaunents? If not, vote on thc board please Motion 3 r '.~sea 6-0 4 Thaak you, ladies and gentlemen That 5 ccacludes the pubhc heanng sectlon of our Agenda for 6 tmight Next on our Agenda is a work session, Item No 7 1~ And we am to conslder the followmg torev~w, 8 d.~cuss and make a moommcadatlon on the P&Z Commission 9 r. bcomamttee's reeommendatlons, adoption on the Denton 10 De,,elopment Code, the Denton Code Cntm'm Manual, the 11 p'oposed zomng map, and futore zoning map of the City of 12 Denton 13 (NO WORK SESSION HELD) 14 (SPECIAL CALLED MEETING PROPOSED FOR JUNE 20 15 2001) 16 (MEETING ADJOURNED) 17 18 19 20 21 22 23 24 25 PLANNING AND ZONING COMMISSION '~, 2001 Page 185 - Page 186 18 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM ONE FAMILY DWELLING (SF- 10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5 0 ACRES OF LAND GENERALLY LOCATED ON THE WEST S1DE~OF OLD NORTH ROAD APPROXIMATELY 200 FEET SOUTH OF FOXCROFT LANE, TO ALLOW FOR A DEVELOPMENT OF SINGLE FAMILY HOMES, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-0023) WI-I~REAS, Jay Thomas of Jay Thomas Custom Homes has apphed for change ~n zoning for 5 0 acres of land fi:om One-Family Dwelhng (SF-10) zomng d~stnct classfficat~on and use demgnat~on to Planned Development (PD) zomng dmtnct clasmficat~on and use demgnaUon w~th the intent to develop a subchwmon of 23 single-family homes, and WI-~REAS, on June 13,200 I, the Planmng and Zoning Comnussmn recommended approval of the requested change ~n zomng, and WHEREAS, on June 13, 2001, the Planning and Zoning Cornrmsmon recommended approval of the Detmled Plan shown as Exlubxt '~B", and WHEREAS, the City Counc~l finds that the change m zomng ~s conmstent w~th the Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng dxstnct classfficatmn and use demgnat~on of the 5 0 acre property descnbed m the legal descnpUon attached hereto and ~ncorporated hereto as Exhibit "A" ~s changed fi'om One-Fam,ly Dwelhng (SF-10) zoning d~stnct clasmficatmn and use demgnat~on to Planned Development (PD) zomng dmtnct clasmficat~on and use designation and a Detatled Plan for the 1 168 acres ~s adopted, smd Detmled Plan being attached hereto and incorporated hereto as Exhibit "B" for all purposes, to allow a 23-1ot single family development under the comprehenmve zomng ordinance of the C~ty of Denton, Texas, subject to the following condmons 1 The proposed storm sewer shall be designed to handle 100 percent of the on-rote mnoffbased on the proposed land use for the 5 acre tract only Ex~stmg offmte runoffw~ll be handled by proposed drmnage d~tches on the north and south redes of the property and ~scharged to Old Noxth Road according to current conditions W~th the proposed storm sewer, additional runoffto Old north Road will be captured to prevent further problems w~th drmnage 2 The 6' Imgh masonry fence along Old North Road may include ornamental wrought ~ron Page 1 of 2 19 SECTION 2 The City's official zoning map is amended to show the change in zomng district classification SECTION 3 If any provision ofthts ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the vahdlty Of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4 Any person violating any provmlon ofthas ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision ofthts ordinance as violated shall constitute a separate and distract offense SECTIONS That thru ordinance shall become effective fourteen (14) days from the'date of its passage, and the City Secretary is hereby directed to cause the caption ofthts ordinance to be published twice m the Denton Record-Chromcle, a daily newspaper published m the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED thts the day of ,2001 El/LINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 20 All that certain lot, tract or parcel of laud, lying and being situated in the County of Denton, ~te of Texas, being a part of a certain 91 91 acres ol* land, as conveyed by Warranty Deed, dated February S, 1937, from $ Homer Kerley, et Iix, to Luther Hoke, as recorded in Vol. 263, page 558, of the Deed Records.of Denton Count), Texas, beim~ a part of the Wesley Pogue Survey, Patent No. 100S, Volume 9, Abst, No. 1012, Denton CoUnty, and being more parttcularl~ deScribed as follows; BEGINNING at a point, 260 feet North of the center line of the old Deflton-Min~o public road, same being the south corner of the Wesley Pogue Survey, Abstract No. 1012, (called distance bein east ~ee;line of what was onoe a 36 foot north and south roadway, and be~n~ ~4th4~e ~ecast~*~lu~d ~int.°f beg .~_-?'g being in the ry line of the Wesley Pogue THENCE West along the south boundary line of the past mentioned 91.91 acre ~'act, and along an old existing fence line, ~31.91 feet, to a steel pin for corner; THENCE North 409.47 feet, and parallel with the east boundary line of the above mentioned 91 91 acre tract, and the east boundary line of the Wesley Pogue Survey, to a steel pin In the east and west fence line for coraer, said steel pin balng in the south boundary line of a certain tract of land, as conveyed by Luther Hoke and v~z/'e, Ethel Hol~ to the Denton Development Company, by deed dated March 19, 195~; THENCE East, along the south boundary line of the above mentioned Denton Development Co tract, and parallel with the south boundary line of thc past mentioned 91.91 acre tract* S31.91 feet, to a point In the east boundary line of above mentioned 91.91 acre tract, same being the East boundar~ line of the Wesley Pegue Sur~ey; same being the southeast corner of the above mentioned Luther Hoke and wife to Denton Development Company h'act, THENCE South 409.47 feet along the East boundary line of the 91 91 acre tract and the East boundary line of the Wesley Pogue Survey, to Point of Beginning and containing in all S acres of land NOTE: The Company is prohibited from insuring the area or quantity of the land described he,rein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but Is made only for Illformationai and/or iden~lflcation purposes and does not override Item 2 of Schedule B hereof. AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2001 DEPARTMENT: Planning & Development,6,[/. CM/DCM/ACM, Dave Hill, 349-8314~E.~, SUBJECT Z-01-0007 (Robson Ranch Concept Plan Amendment) Hold a public heanng and consider adoption of an ordinance approving an amended Concept Plan for the Planned IDevelopment 173 (PD-173) zoning district The 2,725 acre property is generally located north of Robson Ranch (formerly Crawford) Road, south of Lively Road, and east of Florence Road and is commonly known as the Robson Ranch development An amendment to permit the drilling and extraction of natural gas on the Robson Ranch development and to modify landscaping requirements is proposed The Planmng and Zomng Commission recommends approval (4-2) with conditions (Z-01- O007) BACKGRQUND The developer proposes to place as many as 20 gas well sites on the 2,725-acre property Each well site could have up to four wellheads Each well site will be located within a landscaped Gas Park of about 5 acres in size The general location of each Gas Park has been indicated by the applicant on a Gas Parks map (see Attachment 1 - Enclosure 3) The exact locations and sizes of each park will be determined at the Detmled Plan stage Each park will be placed in a residential area of the development and will provide a net reduction of approximately ten residential lots and a net increase of approximat~ly five acres of open space Depending on how many Gas Parks are built, the total number of residences wlttun the Robson Ranch development could be reduced by as many as 200 units (from an allowable maximum of 7,500 units) and the amount of open space within the development could increase by as much as 100 acres (currently approximately 660 acres of the development is open space) The developer proposes to have the wells drilled and the gas collection equipment installed prior to the beginning o'f residential development in the area in order to minimize disturbances to residents The location of ,the well sites will be disclosed to homebuyers as well The wells, once drilled and in operation, will require penodm malntanance, but this should not have a major effect on surrounding property nor cause a substantial increase in traffic Once natural gas operations are terminated, the wells will be capped and the Gas Parks will be converted to recreation and open space areas The amended Concept Plan will also allow the installation of accessory structures to the wells, such as pipelines and storage tanks Storage tanks will not be located at the individual well sites, but common storage tan~s for all wells within the development will be located as noted on the Gas Parks map The dnlhng of wells and the production of natural gas will be monitored and regulated in accordance with the regulations set fourth by the Railroad Commission of Texas, the Texas Natural Resource Conservation Commission, and city fire code The developer also proposes to reduce the tree-planting requirements contained in the Concept Plan, which currently reqmres the applicant to plant 15 trees per acre for the entire 2,725-acre development, or a total of roughly 41,000 trees The developer contends that this requirement is infeasible due to the 1 clustered nature of the resldant~al development as well as the overall cost of the trees, and is requesting to amend the landscaping requarements to exempt the Outdoor Recreataon, Parking and Gas Park land use categories as well as all streets and right-of-way from the 15-trees-per-acre requirement This proposed amendment would exempt as much as 855 acres of the development from the tree planting reqmrement Tins could reduce the developer's planting requirements by as many as 12,850 trees The 15-trees-per-acre reqmremant wall remmn for Residential, Neighborhood Service and Community Service areas of the development The developer also proposes that any trees planted within the exempted areas count towards the appheant's overall tree requirement ~' The proposed development is consistent with the ~ntent of The Denton Plan (see Attachment 1 - Staff Analysis section) ~' Two (2) property owners were notified of the zomng request No responses have been received OPTIONS 1 Approve as submitted 2 Approve wath conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Planning and Zomng Commission recommends approval (4-2) of this zomng request wath the following conditions 1 Lighting on the property shall be designed and marntained so as not to shine on or otherwise disturb surrounding res~dential propetrty or to sh~ne and project upward to prevent the d~ffus~on into the mght sky 2 Trees planted m the Outdoor Reareat~on, Parking, Gas Parks and street/right-of-way land use areas will count towards the tree-planting reqmrements of the Residential, Neighborhood Services and Community Service land use areas ESTIMATED PROJECT SCHEDULE A Detailed plan wall be required to be submitted and approved and each well site will need to be platted before the dnlhng of wells will be permitted PRIOR ACTION/REVIEW The following is a chronology of Z-01-0007, commonly known as Robson Ranch Concept Plan Amendment Apphcatlon~Date - April 23, 2001 DRC Date(s) - May 3, 2001 P&Z Date - June 13, 2001 FISCAL INFORMATION Developman~ of thru property w~ll increase the assessed value of the city, county, and school district It will require no short-term public improvements that are the rcsponslbthty of the city ATTACHMENTS 1 Planning and Zomng Commission Report, June 13, 2001, Z-01-0007 2 Planmng and Zonmg Commission minutes from June 13, 2001 3 Draft Ordmance Prepared By Planner I Respectfully submitted Tow- , D~rector of Pl~mg ~d Development Agenda Number - 01 0017 ATTACt-~ENT 1 Agenda Item - ~ Date - ~ 13-01 ROBSON RANCH (Z-01-0007) CONCEPT PLAN AMENDMENT PLANNING & ZONING STAFF REPORT PURPOSE: Hold a public hearing and consider making a recommendation to C~ty Council regarding an amended iConcept Plan for the Planned Development 173 (PD-173) zomng d~stnct The 2,725 acre property Is generally located north of Robson Ranch (formerly Crawford) Road, south of L~vely Road, and east of Florence Road and ~s commonly known as the Robson Ranch development An amendment to permit the drilhng and ~nstallat~on of wells and associated apparatus for the extraction~ of natural gas on the Robson Ranch development and to modify landscaping requirements is proposed LOCATION MAP APPLICANT INFORMATION: Apphcant Robson Denton Development LLC 9532 E R~ggs Rd Sun Lakes, AZ 85248 Z 01-0007 ~Robson Ranch) ._.~. ~ ~ prepared By Thomas B Grey, Planner I ~ 4 SUMMARY OF ZONING REQUEST: The developer is requesting an amendment to the Concept Plan for PD-173 to permit the dnlhng of natural gas wells w~thin the Robson Ranch development The Concept Plan amendment would also reduce the tree-planting requirements for the development (see Enclosures 2 and 3) The developer proposes to place as many as 20 gas well s~tes on the 2,725-acre Robson Ranch p~operty Each well s~te could have multiple wellheads Each well s~te w~ll be located within a landscaped Gas Park of about 5 acres ~n s~ze (see Enclosure 2) The general location of each Gas Park has been ~nd~cated by the apphcant on a Gas Parks map (see Enclosure 3) Exact locations and s~zes of each park w~ll be determined at the Detailed Plan stage Each park w~ll be placed ~n a residential area of the development and w~ll provide a net reduction of approximately ten residential lots and a net ~ncrease of approximately five acres of open space Depending on how many Gas Parks are built, the total number of residences w~th~n the Robson Ranch development could be reduced by as many as' 200 umts (from an allowable maximum of 7,500 umts) and the amount of open space w~th~n the development could ~ncraase by as much as 100 acres (currently approximately 660 acres of the development ~s open space) The developer proposes to have the wells drilled and the gas collection equipment ~nstalled prior to the beginmng of ras~dent~al development ~n the area ~n order to m~mm~ze d~sturbances to residents The location of the well s~tes w~ll be d~sclosed to homebuyers, as well The wells, once dnlled and In operation, w~ll require penod~c maintenance, but th~s should not have a major effect on surrounding property nor cause a substantial ~ncrease ~n traffic Once natural gas operations are terminated, the wells w~ll be capped and the Gas Parks w~ll be converted to recraat~on and open space areas The amended Concept Plan w~ll also allow the ~nstallat~on of accessory structures to the wells, such as pipehnes and storage tanks Storage tanks will not be located at the ind~v~dual well s~tes, but common storage tanks for all wells w~th~n the development w~ll be located as noted on the Gas Parks map The drilling of wells and the production of natural gas w~ll be momtored and regulated ~n accordance w~th the regulations set fourth by the Railroad Commission of Texas, the Texas Natural Resource Conservation Commission, and c~ty f~ra code The developer also proposes to reduce the trae-plantlng requirements contained ~n the Concept Plan, whtch currently requires the apphcant to plant 15 trees per acre for the enbre 2,725-acre development, or a total of roughly 41,000 trees The developer contends that th~s requtrement ~s ~nfeas~ble and is requesting to amend the landscaping requirements to exempt ~he Outdoor Recraabon, Parking and Gas Park land use categories as well as all streets and right-of-way from the 15-trees-per-acre requirement The Outdoor Recreation land use category consists mainly of golf course and racreat~on areas and encompasses approximately 660 acres The Parking land use category ~s pnmanly an area for the storage of recreabonal vehmles and consists of approximately 8 acres As noted above, the proposed Gas Park land use category could encompass as much as 100 acres, and approximately 88 acres of the development ~s reserved for streets and nght of way (see Enclosure 1) Thus, th~s proposed amendment would exempt as much as 855 acres of the Z 01-0007 (Robson Ranch) Prepared By Thomas B Gray Planner development from the tree planting requirement Th~s could reduce the developer's planting requirements by as many as 12,850 trees The 15-trees-per-acre requirement w~ll remain for Residential, Neighborhood Servme and Commumty Service areas of the development The developer also proposes that any trees planted w~thln the exempted areas count towards the apphcant's overall tree requirement COMPREHENSIVE PLAN ANALYSIS: The subjpct s~te ~s located within the "Neighborhood Centers" future land use area These areas may develop ~n conventional patterns or may be developed in a pattern of 'neighborhood centers' Neighborhood centers are onented ~nwardly, focumng on the center o~ the neighborhood and containing fac~hbes vital to the day-to-day activity of the neighborhood A neighborhood center m~ght contain a convemence store, small restaurant, personal,service shops, church or synagogue, daycare, ind~wdual office space, a small park and perhaps an elementary school Staff finds the proposed zomng consistent w~th the intent of the Comprehensive Plan (see Analysis & Recommendation below) SPECIAL INFORMATION: 1. Transportation The well s~tes are not expected to generate a s~gmflcant amount of traffic, although the movement of some heavy equipment will be necessary dunng the dnlhng process The developer has proposed to m~mmize the ~mpact of heavy loads on surrounding roads by usmglon-slte well water for dnlling and by stonng well dnlhng equipment on the property It should be noted that all roads w~th~n the Robson Ranch development w~ll be pnvately owned and maintained so that any damage to these roads caused by the movement of heavy equipment or water trucks w~ll be the developer's respons~b~hty It also should be noted that overall traffic to and from the s~te could be reduced due to the fact that each Gas Parks would replace as many as ten res~denbal umts 2. Utilities The well sites, once operational, w~ll not require any water or wastewater service Water that w~ll be required dunng the dnlhng process w~ll come from on-s~te water wells on 3 Drainage and Topography New ,development w~ll be required to design and construct a drainage system to c~ty standards Wellheads w~ll not be permitted w~th~n the 100-year floodplain 4 Signs Not apphcable to gas wells 5 Landscaping The apphcant seeks to reduce overall tree planting requirements for the Robson Ranch development but nevertheless intends to landscape all Gas Parks to create an Z 01-0007 (Robson Ranch) Prepared By Thomas B Grey Planner aesthetically-pleasing buffer between the well s~tes and the surrounding residences 6 Open,Space The overall open space within the Robson Ranch development would be ~ncreased by the addlbon gas parks 7. Lighting L~ght~ng at the well s~tes should be designed and maintained so as not to sh~ne on or otherwise d~sturb surrounding residential property or to sh~ne and project upward to prevent the d~ffusion ~nto the mght sky Th~s reequ~rement can be written ~nto the ordinance as a condition of approval 8 Environmental Quality Impacts The dnlhng of the wells w~ll likely create environmental ~mpacts ~n terms of no~se and odor However, no residents will be hv~ng near these wells until after the dnlhng ~s completed so these impacts should be minimal Clean-up of dnlhng sites ~s required under Railroad Commission regulations Once the dnlhng is completed and the well ~s ~n operation, enwmnmental ~mpacts are expected to be m~mmal PROPERTY HISTORY: August 3, 1999 - The subject property was placed ~n the Planned Development 173 (PD- 173) zoning d~stnct and land use classification by Ordinance 99-265 Some port~ons of the subject property have been platted However, no well s;tes have been platted at th~s bme Platting of the well s~tes w~ll need to occur to any development PUBLIC NOTICE: Not~ce of the zoning request was pubhshed m the Denton Record-Chromcle on Saturday, June 2, 2001 Two (2) property owners w~th~n Denton c~ty hm~ts w~thln two hundred feet were mailed legal notices There are no residents located w~thln c~ty hm~ts w~th~n 500 feet of the property As of th~s wnt~ng, there have been no responses No neighborhood meetings have been held ANALYSIS & RECOMENDATION: Staff considers the compatib~hty of gas wells within residential areas to be a major issue The developer has proposed to address the compat~b~hty issue by dnlhng wells prior to the beginning of residential construction ~n the area, by buffering the completed wells from surrounding development by placing them ~n the center of a 5-acre landscaped Gas Park, and by creating common areas for storage tanks so as not to have tanks located at each well site Staff beheves that these steps should ensure compat~blhty of the well s~tes w~th the surrounding residential area Enwronmental and safety concerns regarding the dnlhng for and collection of natural gas are addressed by the regulations of the Railroad Commission of Texas, the Texas Natural Z-01 0007 (Robson Ranch) Prepared By Thomas B Gray Planner Resource Conservation Commission and the c~ty's fire code These regulations require that all wells be continually maintained and monitored and that any leakage or well control ~nc~dent be ~mmed~ately resolved The location of the wells w~th~n the Gas Parks w~ll prowde addlbonal buffering between the well and surrounding residences should any ~nc~dent occur Staff does not oppose the applicant's request to reduce the Concept Plan's tree-planting requirements because ~t recogmzes that the ex~stmg requirements are placing a hardship on the developer The developer w~ll st~ll be required to plant roughly 30,000 trees on the entire property ~f the planting requirements are reduced The s~te of the Robson Ranch development was formerly used for agricultural purposes and hence has very few ex~sbng trees As such, staff recogmzes that the current landscaping requirements compel the developer to plant a considerable number of trees Staff feels that the 15-trees-per-acre reqmrement for the Outdoor Recreation, Parking, Gas Parks and streetJnght-of-way areas ~s somewhat ~mpract~cal, for example ~n golf course areas or near the gas well s~tes, and supports the developer's request to exempt these areas from the planting requirements However, staff does not agree w~th the developer's ~ntent to credit any trees planted m these areas towards the tree requirements ~n the Residential, Neighborhood Service and Commumty Service areas, because th~s would have the effect of reducing the amount of trees that would be planted ~n these areas Staff recommends approval of Z-01-0007 MOTION: I move to recommend approval of Z-01-0007 w~th the following conditions 1 Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the d~ffus~on rotc the mght sky 2 Trees planted in the Outdoor Recreation, Parking, Gas Parks and street/right-of- way land use areas w~ll not count towards the tree-planting requirements of the Residential, Neighborhood Services and Commumty Service land use areas ALTERNATIVES: 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem ENCLOSURES: 1 Current Land Use Plan for Robson Ranch 2 Gas Park Details 3 Proposed Concept Plan Amendment Z 01-0007 (Robson Ranch) Prepared By Thomas B Gray, Planner ENCLOSURE 1 LAND USE CATEOORIES L~VELY ROAD R R Conceptual Master Plan ROBSON RANCH (3 g d - NOIglAE]a o fence ~. ~ Eo© O~0 )DOJ S~D ~ ~ 0 lO Z © 12 P R 0 P 0 S E D P D Z 0 N I N G Dcve/opmetlt Re,qtt/atm ls RESIDENTIAL USES -- The Sl'l (%mgk 1' unfly [ uxt.~), ,, [ ,~ U (_ ~ ~ SI, 1s (Single l,uml> PlCltlltAc.), dltd %1~C (Single l~,mnl5 Cas~ta) catego- This community is enwsioued to nes pemnt the follo~nng land uses be a "nuxed use" res~dentt.'fl de',el- opment that allo~ s a ~ anety of l.md Smglc Fmml~, Dwelling - Detached Conmnunt) Umt De~ elopment uses that support file pnmanl5 res~ · Chmeli or Rector~ denual and recreatmnal lmld uses * Occasional Sales q lie de'~elopment of these land · Parks, Recreation, md Open Sp'tcc uses will respond to ctlrrcut and uses filtllre lllarket demands and ensure Acccssor3 Braidings compatibility of 1.md u~es through Ele/mcal Substanon creative planmng This Plqnned ElecmcalTr'msnussmnFac~hUes Dexelopment District .aqll allo~ the F~cld or ConsmicUon Officc Ftrc Siauon or Pubhc Saki3 F toht~ following l.md use categories Gas Tr'msnnss~on Line Gas Park %k L - Single l~mml5 I uxm'x Home OccupaUon gl' P -- Single l~.uml3 Premicle OffS~'eet Remote P.'u'kmg ~I~C - Smgle l"amfly Casfla M~croxvavcTowcr SI~* -- %ingle bared., \qll t SwmmmxgPool \II'2 -- Multi lqmnl~ I xxo Telephone Sw~tclmxg o~ Reh5 Sta NS -- Neighborhood Se~alte UonorLmcs Cb - Conllllllllllx Sel'xlce ~,Vater ~,Vell, Rcseno~r, or hunp OR -- Outdoo~ Ret~cahon mgStat:~on · Golf Cotwsc P - Pm krug Stables located no closer dian 200 GP - Gas Park feet trom die ne'urest res~den.xl Swnn or Temas Club I · Temporar5 Uses Related to Con strucUon or Dcvclopmcnt It is intended that tins Plamied · Sewage lhunpmgStanons Dexelopment D~stnct shall pemnt * Water Booster Sinuous d~e following uses for each lmid use * Farm mid Rm~ch, for tim pm'posc category identified 111 thlb docn- ofnusmggram, horses.md/orcardc REVISION- P & D ~i~~ P R 0 P 0 S E D P D Z 0 N I N G The Sl~'ff (~mglc l~amlly Villa) cat- Fhe Ml'2 (Mul. ~amlly l~xo) cat- ego~ pemms thc follo~ng land ego~ pernuts the follo~ung land · ~o F~) ~vc~g - A~achcd Mrdaplc F~ Dwc~ or Ap~ · ~llnlltUH~ U~u~ Dc~ clopIncnt mc~t Chinch or Recto~ · Two F~} Dwe~ --A~ached · Occ~xon~ $~cs * Conmxtuu~ Ccntcr · P~, Retx~on, ~xd Open Space * Instmmons of Rch~ous or Pl~,u~ uses fl~op~c N a~we Acccsso~ B~gs * Ntwsmg Homc, Rcs~dcnts Homc, ~ecmc~ Substanon ~tcndcd C~ for fl~e ~cd E~mc~ T~snussmn Fac~ncs * hbr~ F~dd or Consm~c~on O~cc Connntuu~ Ccntcr F~ Smaon or h~bhc Sdc~ Fac~5 Scwa~ Ihunpmg Stroh Gas Trm~snussmn ~xc ~nnncro~ P~g · G~ P~k ~nnntun~ ~ hat Dcvclopmcnt Home Occupaaon Cht~ch or RcctoD OffS~et Remote P~g Occ~smn~ S~cs · M~owa~c Towcr P~, Rc~ca~on, ~d O~ Spacc · S~m~m~g Pool Uses · Telephone S~mtclm~g or Rcla~ Sta AcccssoD Bt~gs ~on or ~cs Eccmc~ Substa~on · IVatcr XVe~, Rcscn ow, or Ikunp EccmcM Tr~snnssmn Fac~Ucs mg Stroh F~eld o~ Conm~cnon Ofl~ce · Go~ Corpse F~c Stanon or h~bhc $~c5 Fa~5 · S~n or Temns Club Gas Tr~sunss~on · Tempor~ Lscs Related to Con Gas P~k sm~cUon or Dcvclopmcnt Homc Occupa~on · Se~ge ~nnpmg Sta~ons Off Sweet Remote · IV~er Booster Sta~ons M~owave Tower · Finn ~xd Rm~ch, for tim pt~posc S~m~m~g Pool of~sng~, hor~es tax,or ca~c Telephone Smtclm~g or Rela~ St · Stables located no closer flx~ 200 non or ~es fcct from fl~c nc~cst rcs~dcnu~ * ~Vatcr XVc~, Rcsc~ow, or hnnp s~c~e mg Sta~on · GoU Corpse S~n or Tcmus Club · Tcmpor~' Uses Relied to Con s~c~on or Development · Hotcl · F~n mxd R~ch, for flxc pt~sc of~smg ~, horses m~or c~c · Stablcs locatcd no doscr fl~m~ 2~ fcct from fl~c nc~est rcs~dcnu~ Subm,lted Jmle 28 2001 14 ,? R 0 P 0 S E D P D Z 0 N I N G '1 he NS (Ncighbo~ hood Sen lc e) · X. Vater Rcscnotr, Water Plnnpmg category pernuts the follo~ung lm~d St~on or XVe~ Water Treamacnt Pl~t Cotultq Club Go~ Cm~se ~nmnau~ Umt Developmenl S~n or Temus club ~t G~e~ or Mus~tan Arno Ch~ch or Recto~ G~ohne Se~ace Stolon ~vate %hool P~g ~t ~nmxtun~ Center ~mque Shop hnergenc~ Me~c~ C~e B~e~ h~s~m~ons of Reh$om or Pl~m~ C~etena fl~op~c Na~e Clemm~g ~d ~essmg Shop m~d · N~n~ Home, Residents Home, ~endcd C~ for fl~c ~ed · ~br~ * Drapeq, Nce~ework or Weax~lg · Occa~onM SMes · Rec~aaon, P~k Fac~W or Open Shop Space · H~c~gt Shop · AccessoD BxM~ag · ProfessaonM mad Adnmustrame · ~ll~lnunw Center O~ccs · ~ecmcMSubstaaon~dTr~snns On Prcnnses m~d OffPrcnuses ~on ~e SMe of Beer, XVme m~or Mcohol · held or Consmlc~on O~cc Subject to State of Tcx~ ~cohol · F~e Stauon or Sm~ IA~bhc Sdc~ ~d Bever~e Conumss~on Bt~lg * Restm~mxt · Gas Trmxsnnss~on ~c or Meter · Rct~ Stores m~d Shops ag St~on * Sm~o for Photo~apher, · Gas P~k ~sm~s, He~th ~ofess~onMs · Home Occupa~on * ~mxg Shop · Off S~eet Remote P~g · Tempor~ Lses · ~a~o, Tele~s~on, or M~crowa~e Tower RcM Est~c O~cc · Sew~e IAunpmg Stroh * F~n mxd Rm:ch, for flxe propose · S~m~mg Pool of~smg ~,hones m~or · Telephone Bmmcss O~cc Stables located no closer thm~ 2~ · Telephone hne ~xd Exchange, feet from fl~e newest res~denmd Smtclm~g or Rela} Stauc smtcn~e Submmed Jmxe 28 2001 15 ~m~~ P R 0 P 0 S E D P D Z 0 N I N G rEhe CS (ColIIIIIIItlIIg %ct'l,l(C) tat- l]m OR (Omdoor Rc{xc,mon) cat- ego~ permits the following land egon pernuts tim follo~m~g land Conmnuu~ Ulut Development * Conumuu~ I lut Dc~dopmcnt ~t G~eo or Muscmn Occas~on~ S~es ~l~ch or Recto8 P~ks, Red.mort, ~d Open Space ~vateSdiool I scs Boocc BMI, Horscshocs, CoIllll~ Center Sht~ebo~d, VoBe)~, etc hnergen~ Me~cq C~e . ~ccessoo B~M~xgs hxs~muons of Reh~ous or Plulm~ * M~tcnmicc Fac~Ucs mfl~ Gaso fl~opic Nau~c hm Scnacc · Nt~u~ Home, Residents Home, * ~ecmcq Subslauon ~clldcd C~c for file ~cd . ~ccmc~ Tm~snusston Fa~Ues · hbr~ · F~cld or Colls~C~Oll O~ce · Occas~onq S~es Gas T~lsll~SSlOll ~le or Mem~ Rc~ca~on, P~k FaSB or Open mg ~taUon Space Gas P~k Accessoo Bt~lg Off smeel Remote P~g · ~ec~c~ Substa~on ~ld Tr~lsnus * S~lmmlg Pool s~on ~e Telephone Smtclm~g or Rela5 · F~dd or Consm~cuon Office uon or F~ Stroh or Smd,w I~bhc SdcB Sewage hunpmg Stauon Bt~g * ~ xter Resen o~, ~Vater hnnpmg · Gm Trm~snussmn ~m or Mctcr qtanon or ~Vcll ng Stroh Cotm~ Oub Gas P~k Go~' Cmwse · Home Occupa~on q~mn or Tcmus Club · Off-S~eet Remote P~g P~g ~t · ~o, Telems~on, or M~ox~ax e B~eD, C~etena, or Restm~m~t Tower ~onst · Se~e hunpag Stroh Hm~cw~t Shop · S~v~e Tt ea~nent Pl~t ~dnmus~x e Offices · S~mxmm~g Pool Hcqfl~ FachUcs · Telephm~e~e, Exch~ge, Smtd~ On Prcnuses m~d OffPrenuses ng or Rda> Stanon Sqe of Beer,~ me m~or ~cohol gVatcr Rcsc~om ~Vatcr hnnpmg Rct~ Stores or ghops Sta~on or ~Ve~ * Sm~os for · Water Tream~ent Pl~t * Tempor~ L ses · Cotm~ Chlb * Finn m~d ~d~, for tim pt~msc · F~n md Rm~ch, for fl~e pt~se of fusing ~, horses m~&or c~c of rasing ~, horses m~&or c~e * Stables loc~/ed no closer flxm~ 200 · Stablcslocatcdnocloscrfl~m~2~ feet from tim newest rcs~dcnual feet from thc newest rcs~dcnu~ Submitted Jtme 28 2001 16 ~&~ P R 0 P 0 S E D P D Z 0 N I N G .~obso. Commumt;~s lhe P (P,ukmg} category pernuts been sur',eyed so a plat ',a~th the follo'aang kind uses their approxm~ate locat:ous ~all ha~e to be attached to the · RVP~g ameudment sublmtted by P~g~t Robson to the C~ of Denton · Fteld or Consm~caon O~cc · AccessoD B~gs 2) Build and coustn~ct p~pehnes ~e~c~ Snbstmou m~d T~m~snus smnFac~ncs 3) Budd roads for access of m · Gas Trmxsnnsnon Im~e or Meter ~ess and e~ess to m~y g~ gells mg Stanon Gm P~k · Off-S~eet Remote P&~g 4) Coustn~ct stwface hcxhttes nec- · ~owave, Telexas~on, or Ra&o essaD for the operatlOll alld Trover producoon of gas ~xells mclud- · TelephoneS~nldm~gorRda3 Sta mg ~xellheads, compressors, non or ~es fences, tank battenes, sepma · Sc~g~ hnnpmg StaUon tors, meters, electnc~ hlleS and · ~Vater Reseno~, XVate~ Ihnnpmg mW other nonnM and custom StanonorX~ eB ~ facdmes necessa~ for the · Tempor~ 1 scs prudeut operatton of a ~ell · F~n mxd Rm~d~, fo~ tim pml)ose of rasing ~ horses m~Wor caffic Stables located no closer tbm~ 200 ~ Park m~d Open Space Improx e- feet front the newest res~denttq lllfllllS 61 No ~ell heads shMl be dnlled m the floodplmu q he GP (Gas Park) catego~ per nuts the follo~g lm~d uses and act~wt~es 7) The pm~c~p~ water source for the drdhug and fracturing of · 15-20 Gas P~k s~tes the gells shall be from on-s~te · Tempo~ [ses production wells m order ~o · Gas Tranmuss~on hue or Me- reduce or chromate heaw haul- tenng Statmn mg loads on any adjacent pub · ~1 acnmt~es msocmted g~th the hc roads dexelopment m~d operanon of ~s gells as fo~ows 1) Drdl, complete, operate, re- ~ork, recomplete and produce m~y gas (including all ~ses, hq- tud hydroc~bons and their re- spective cousntuent elements) g ells located on m~y of the pre- detenmned st~ace loca~ous or pads These pads have not yet Submitted Jtme 28 2~1 17. P D Z 0 N I N G Zoning Ordinance Requirements proposed d'aelhng rants more th,m PARKING LOT AND SPACE a $% increase from fl~e approved REQUIREMENTS plan, increase the floor to-area ra- no, s~Teofstn~cture, he~ght, lotco~- Secnon 35 ~01 Velnde Park- er~eornulnberofstonesorbmld- mg Regnlanons ~n~ so as to be out of comphm~ee of the reqmrements of tins PD 18) One space for exes' 250 sq fl Ordinance, reduce lot, yard, or of floor area, due to the oumber space size, decre~e the mnount of of golt carts used for t~spo~anon reqmred off-s~eet parhng spaces as approved by fins PD Zoning, (e)(4)d There :s no maxm~um d~ange ~es ofbml&n~, setbacks, proxmnty reqmrement bet~een s~eet access points ff ~t conga&ets the bml~g and the p~ng spaces fl~e tr~c repo~, or lots nnless ~t ~s due to the campus sMe of dexel- a density change g~thm the De- opmeni m fins project tmled Plan ~ea, or increase den- slW to no more fl~mx 5% of file de- Sectmn 35-828 Nmse and tml approved on the onsnal De Odor tmled Plm~, change tr~c patterns If the diange is m con'ct ~ath the The follo~ang odor mmttmg laod traffic repo. or ~ter b~lc lelation- uses ~e pennltted m this P D m~y ship of fl~e proposed development uses that relate to ~ater and se~er to a~lacent propemes treatment m~d associated pmnpmg and piping facflit~es, any actnihes l]us ~11 apply to Secnon 35 176, ~socmted mfl~ the GP (Gas P~k) as well laod use m~d facihues Subm,.ed J,u~e 28, 2001 18. ~~ Landscape Ord li'l~ nee Requirements lhe City of Denton ordinance categones sho'a'a on tile Concep number 98-100 defines the lexel of thai Master Plan Acreage m the mandatory landscape m~prox e- "OR' Ontdoor Recreation m~d merits and prese~at~on Robson P~ng Streets m~d RO~V lm~d use Connnunltl~S nlandates a certain categories are exempt froln the 15 leveloflmidscapeenhancements to trees-per-acre reqmrement, but eusure the snccess of their project~ trees plm~ted the~em ~all apply to Robson Ranch aall respond to the the total Wee calctflaUon m the "R,' or&nance m the follo~ang rammer "N S' m~d "CS' laud use categories for tlus project 2) I.m~d Reqmremeuts ~TIGLE I GENERAL a) Pl~tmg ~ea - 1)ne to the cx tenstve mnount of golf course and Section 31-4 Apphcabd~y open space on tins project alncb exceeds 23 6% nfthe ~oss .wea, the 1) An aerial photo~aph afil be 2~ reqturement ~s satisfied prodded to dlns~te the 1o~ level ofe~stmg tree coxe~ Tins sac has nmmnal existing trees, so a tree ~TIGLE III LANDSGAPE inventor, ~s not apphcable ~and- KEQUIKEMENTS scape plans ~all not be reqtnred prior to tieing m~d ~admg, due Section 31-7 Specific Land- to fl~e lack of tree cover on tlus s~te scape Area Reqtnrements 1) P~hng I~t Screeumg m~d I~nd- ~TIGLE II TREE AND LAND scapmg - Robson Ranch ~tll ad- PROVISIONS here to the Pentameter Screemng setnon as ~t reads "~aslble from the Section 31-6 General Pro~:- pnbhc neht of~av' and ~atlnn five s~ons [nmdred (500) feet o[ pubhc ngbt- of 4xay as long as dns screeumg 1) Tree Reqturements does not deter from the of the btul~ngs ~atbm the complex a) ~lrees - Robson Rm~ch shJl pro- ~lnd~ is part of smd paring lot ~ade trees at a ratio of 15 trees-per- Inte~reta~on of tins sectxon ~all be acre, uath 5~ being slnJler than decided dunng Detailed Plan re- tile (3) three-tach cahper reqture- ment but not less thm~ 1 1/2 ' per, for only fl~e "R' Res~dentml, 2) Outdoor Storage Screemng - "NS' Ne:ghborhood Se~ace, and Robson R~xch ~all comply "CS' Connnmnq Se~ace land nse Parks and Open Space Reqmrements Robson will ¢ oinply ruth the Parks and Open qpace Requtrements · 'md ts ctwrently finahzmg an Agree- ment-aqth tile Parks Dtrettor re- garding credits to be generated from conmbtmon ot land and set- Tile floodplain areas on tills prolect are pnvately mmntmned and will not be dedttated to the Cxty of Denton Gas Park sttes ',nil be included m the Park m~d Open Space atnem tins for fins project Tile number of Gas Parks may vary beeaeen 15 ~0 locaUons Submflted Jm~e ~8 2001 20 ROBSON RANCH 21 ATTACt~F~I'IT 2 Pag~ 115 I to institute zoning cases They don't have to I MR CROUCH vei~ good Thank you 2 t the proport3 2 MR MOP. ENO ls there anyone else to 3 The, 3 Anyone else to s 4 And unde 4 Is 5 they use I 5 g none, 6 MS 6 rebuttal i.' Staff, any 7 just 7 final 8 unusual and ther~ 8 MS hke to note 9 it's pretB ~ our process 9 to the Planning ~ this request is 10 and our procedure, in ( 10 in compliance with This proposed - this 11 that d~scre~lon ma 1 sonic other case and 11 area ts ' core district which 12 that's why And I'll talk more 12 encourages mixed-use tpproval of this 13 later w~th the attorneys a 13 request with As noted tn your 14 MS RATCLtFF 14 packet ~n the property should 15 ml~ 15 to shine or otherwise 16 for staff? 16 ~r to shine and 17 your name and 17 e night sky 18 MR 18 Thank you 19 19 e as 20 North L 20 21 as most of you know 21 MS HOLT second 22 I'm hem tbs ~vemng representing Dr 22 23 the owner and Terry Cnenn, the prospective 23 ~ floor to approve as submitted Any 24 property located at 1414 North Elm 24 Williams 25 The buyer w~shes to convert the present 2,700 25 MR WILLIAMS Yes Previously, we've talked Page 116 I these cond~aons more measurable I office building to a beauV. 2 2 3 3 than 4 Landscaping 4 with9 5 5 6 place, e so that 6 addmonal 1 7 the traffic ~ 7 there's already lighting I lot 8 aware of the 8 MR 9 different uses ~2 9 Ma 10 few of them to let starting at I0 hghtmg { 11 Umvemty Drive and we have restaurants and 11 and trying to develo!c 12 carpet shop and post offices and book 12 WILLIAMS Thank you 13 stores We also have I ; beauty 13 14 shops, pnntmg automotive repair 14 Seeing none, vote on the board, please 16 believe, and so : of the property 16 Next item on our Agenda, Item No 11, is to 17 from there to 17 hold e pubbc hearing and consider making a recommendation 18 18 to City Council on an amended concept plan for Planned 19 as tt 19 Development 173 zoning thstnct The 2,725 acre property 20 exists n 20 is generally located north of Robson Ranch, formerly 21 And 21 Crawford Road, south of L~vely Road, and east of Florence 22 to c 22 Road and is commonly known as the Robson Ranch 23 23 development An amendment to permit the drilling and 24 24 mstallauon of wells and assocmted apparatus for the 25 I don't believe we have any Thank you, sir 25 extracUon of natural gas on the Robson Ranch development PLANNIN(} AND ZONING COMMISSION 3, 2001 Page 113 - Page 116 22 Cond©nsoltTM Page 117 Page I 19 and to modify landscaping reqmremcots as proposed Mr I explain any techmcal ~nformanon regarding the ax:lis 2 Gray 2 The applicant ~s also proposing to t~luce the 3 MR GRAY Thank you and good evanmg once 3 tree planting reqmrements contained m the concept plan 4 again We are back to the subject of gas wells The 4 Thls ls really a separate lssue from the gas wells but It 5 Robson Ranch commumty, as you-all are fanuhar, ts a 5 ~s something the apphcant has proposed and nught as well 6 community of about, when bruit-out, tt vail consist of 6 wtul, he's amending thn concept plato he nught as well add 7 roughly 2,700 acres It ts a retirement conunumty with 7 tlus amendment to it The current concept plan reqtares 8 golf courses and neighborhood activity centem and such 8 the applicant to plant 15 tn:es per acre for the enure 9 The applicant has requested an amendment to 9 2,700 acm development That comes out to about 41 O00 10 the concept plan to pernut the dnlhng and extraction of 10 trees 11 natural ga~ on the property What the apphcent intends 11 And of course if you've been out to the 12 to do, and! I believe m your backup, there were these 12 site, you'll know that there am very few nx~stmg u'ees 13 color, both color and black and white rendenngs of what 13 on the s~t~ so tho applicant :s loolang at plantang a 14 the applicant plans to do I'll show you the concept the 14 great number et~ tr~es So what the apphaant was 15 apphcant is proposing which ts to develop or create gas 15 proposing is exempting certain porlxo~ of the 16 parks wtflun the Robson Ranch development These parks 16 development, the outdoor recreanon la.nd use an:a the 17 should be about fiveacres mstze, gtveortake They 17 parkmg land use and then the gas pa~ks would l:e exeenptec 18 would consist of tn the middle would be the gas well, and 18 from this requirement And just to sh3w you, the green 19 this ts what the well would look l~ke once the drilling is 19 areas are the outdoor recrention That s generall5 golf 20 complete and the rigs are taken out and simply the 20 course hnks Thom are some central outdoor mcrennoo 21 apparatus, for the extraction of gas is put m place It 21 areas hero whom you're probabl~ going to find softball 22 would be located m a fenced m area which would then be 22 fields and such And then parking l~ rtus hi, lc comer 23 surrounded by a much larger landscaped area And I 23 right here, about eight acres, where r~ dents to tie 24 balteve there is also a diagram in your backup that looked 24 Robson Ranch development will be sk~nng their 25 hke this showing the rough dimensions of what a typical 25 recreational vehmlns, and they hax e a~ked for th~,c to be Page 118 Page 120 I gas park would look like, where there would be at least exempted 2 100 feet between the well heads and any surroundmg 2 The apphcant had also requested that an5 3 development I believe that is a requirement of our Fire 3 trees that are planted m these exerrpted area~ count 4 Code And then outside of that would be a park area tn 4 towards the overall tree total Next, they're not 5 that this park area buffers these wells from the 5 requastmg that the residential area or either the 6 surroondmg residential development 6 neighborhood service areas be exempted from these 7 Just briefly, I'll go through bern and you 7 requirements but they are asking that ff they do plant 8 should have this map, as well But the applicant is 8 trees along the golf courses or such that they be gaven 9 proposing the general locations of these gas parks as 9 credit for those wtflun the resident, al and other l0 shown on flus map The apphcant ts proposing as many as 10 non-exempted areas 11 20 gas parks They'll probably end up developing 11 Originally -- and staff, I think we had made a 12 somewhere between 15 and 20 Pit show flus one because 12 candttton, ortgmally, we d~dn't -- we were opposed to 13 tt also has the proposed locations of storage tanks on tt 13 that condition, I guess you could say, and so we addac 14 The applicant plans to put central storage 14 that rote the staff report as a conchnon Hox~ever, aft~ 15 tanks In other words, there's not going to be a storage 15 discussing vath the apphcant, I think we are vallmg to 16 tank located at each well Instead there vail be pipes 16 withdraw that and allow them to u.~ trees planted tn ue 17 taking the water and the condensate and such, would be 17 exempted areas as credit And I flunk the apphcunt ~ 18 piped from each mthvtdual well to these centralized 18 do, probably will do a better job explaining than I wo_d 19 storage tanks, one located here and one located here And 19 why that ts the case 20 then, of course, this concept plan amendment would also 20 If there -- well, I really guess I should 21 allow for the creation of these accessory uses such as the 21 probably let the apphcant speak but PI1 be happy, to 22 storage tanks and the ptpalmes 22 answer any questions tf there are any regarding tlus 23 Let's go tn through here and see tf there's 23 development prermse or this amendment from the staL 24 enyflung else that -- regardmg the wells The apphcant 24 standpoint 25 ts here and he does have some techmcal staff on hand to 25 Ma MORENO okay Once again, a housekeep~g ?LANNINO AND ZONING COMMISSION 13, 2001 Page 117 - Page ~20 23 CondenseltTM Page 121 Page 123 chore, if I haven't already done so, the pubh¢ heanng ~s 1 answer to and wc ~ald, well, L't's t~: nff ~t doesn't 2 open Ms Holt 2 work come back sad tell us about We I1 try something 3 MS HOLT I'll wa~t for the apphcant 3 else 4 MR MOP, ENO okay Mr Wlll. llltms, arc you 4 So th~s is thc f'n-st trna: wc rc in fi~nt of 5 waiting for the apphcent, as well~ 5 you amead~ng thc concept plan If things go well tomght, 6 MR WILLIAMS NO I have a plunmng 6 we'll be m front of City Cana:d m a couple of weeks and 7 question First, when did we approve ttus PD? ? they'll hear th~s And ~ a ,~eak or t~n~ later, I'I1 be 8 MR GKAY When did we approve the concept 8 m front of you w~ thc detmkd plma for tlus! don t 9 plan originally? 9 want to compare ~ to the eaeler ca~e oa ~s wells 10 MR WILLIAMS NO, the PD flrst 10 tomght but tbey ,a~re -- tbey = not m the City $o 11 MR GRAY oh, the PD was approved originally 11 they're m front of you v~th a de~velopmeat plan We're a 12 m -- let's sec, I think I have that reformation here 12 completely different story X~¢ re m tbe C~ty so round 13 MR WILLIAMS And I'm gomg to ask you the 13 ane ls lo come ln fx'unt of you and Mr P, mchhart, correct 14 next quas~ton SO be prepared for It 14 me if I ~c got this wron~ but round one ~, to come ~n 15 MR ORAY Okay August 3rd, 1999 was when 15 froot of you w~th a concept p~an a~endment and then round 16 the PD was approved 16 two is to come m front of you with. a de~ded plan 17 MR WILLIAMS Okay And when dld we approve 17 amendmentandthearoundt]xeaonth~s~allbetocomcm 18 the concept plan9 18 front of :,ou with ~lats on eaca of the'ga~ parks So ~t's 19 MR GRAY AUgust 3rd of 1999 19 the process we've got to follo~ and althc%a3h ttus is tho Z0 MR WILLIAMS okay So ff we come back and 20 t~mcwcreamcnd=git, wc'regomgtobeamendmgltat 21 modify concept plans and PD'S, pretty soon we don't have 21 least a dozen more unae~ over thc next 2~ ~ars 22 what we start off wzth, do we9 22 So the th=gs '~e re here m from of you today 23 MR GRAY NO 23 is the ga~ well issue and the ~es ~ss'ae I don't know 24 MR WILLIAMS Thank you 24 which ones you m~h.t have q~esoons ab, ut I don't want 25 MR MORENO Any other questions of Mr Gray9 25 to sell pa~t thc clo~e in case acme of you arc ready to Page 122 Page 124 Seeing none, ~s the applicant or bls representative 1 vote yes already So what I'l~ do 15 I'd ~r~-~her give you 2 present'~ Please step forward Give us your name and 2 thc opportumty ~ ~sk me que,~aons wh~-'~ you have some 3 business address for the record, please 3 concerns I can te~ you that ~ as a coz~pany d~d not buy 4 MR SORIANO HI My name ~s Steve Sonano 4 lntothisproperty~athtbeex!xctattc~nofthevebe~nggas 5 I'm with Robson Communities and my address is 9532 East 5 underneath We bad. no clue about :t V~ e thdn't know 6 Ridge Road and that's in Sun Lakes, 85248 I was the one 6 about lt. And ~t's only been since xn,~ bc%~.ht this 7 that preaesscd the concept plan and the detodcd plan for 7 proper~ that we'x e been appr~acbed abeat gas wells and 8 Robson Ranch Some of you are fanuhar Some of you are 8 gas issues in the a~ The pr~pert) owzx'~ to thc 9 new faces since we had that done And some of you have 9 immediate north of us has gas we~ on the property and 10 had an oppormmty to come out and visit the project since 10 they're acu',ely dr~ng The .:ropeny o,~aers to the 11 we broke ground and had our grand opemng 11 lmmed~atewestofus, gaswe2-s acuvel) drflhng The 12 For those of you that this Is new to, the 12 propert~ owners to the south cf us have ~ wells that are 13 nutshell of it is that this really is, I think 13 actively dnlhng And as of four am:i a ~aff Agenda items 14 Commissioner Mulroy said it earlier, this is at least a 14 ago the proper~ o--~ncr to the east of us --.ow has an 15 20 year pro.lect If thmgs go well th~slsa20-year 15 apprevedplan for~ss~llsa:.dv,~sh-c~.iybeactlvely 16 project If we have a recession somewhere between now and 16 drflhng 17 then, ~t's going to be a 25-year protect And what we 17 So the area's going t~ ha~ e gas ',~I~s anyway 18 talkedab0utwithP&Zatthetlme°f°urz°nmgsand 18 And I'm ant an accountant ldon'txealb understand gas 19 cousopt lflan approvals and we talked about w~th CIty 19 too much but I knew that it's ~and of hke a big reserve 20 Council was that we're going to be in front of you a bunch 20 down thac and yce chp straw~ in m An~ then as you suck 21 of Omcs over the ncxt 20 years and the pcople that follow 21 ltOUt ltlandofm:vesandfLLsmtbeg~s Sowe'r~ 22 you on dus Board and on City Council because things 22 kind of m a s:tuat~n where if we dcm't !::rsuc the gas 23 change And over a 20-year period, new dungs come up 23 underneath ~t, then the guy nec to u~ w~ ~ some of 24 When we did the original eD, d~d the onlpnal zomng, 24 it maybe not all of ~t but sozm of it. 25 there west some things that wo generally didn't know the 25 I chdn't bt. ag any la~?~'s v~th ~_~ tomght PLANNING AND ZONING COMMISSIO? .... 13, 2001 Page 121 - Page 2~ Cond~nsgltTM Page 125 Page 127 and I apologiz~ for that, but what wo chd brag vath us Is I tbe~? How often are they monitored? Who keeps a log of 2 Doug Mnchell, lay Ewlng, and Ray Stevens, and they're 2 u' What are the records they keep? And v~ went through 3 from Mitchell Energy, and they're the guys who build the 3 that process ourselves because, frankly, we've got to keep 4 thewella They'retheguyswhooperatothewella And 4 our eye oo the ball and the eye on the ball is the 5 one of them Is the guy that's on their regulatory side, 5 rewement community, is our community because that's our 6 safety issues and regulatory compliance and those lands of 6 f~st goal and interest And we wanted to make sure that 7 lssuea Also with me is Fred Peck, who you may have seen 7 n s compatible 8 here on other occasions, and he's our project land manager 8 So we went around to different areas and we 9 which means that on Robson Ranch, and he's been them 9 looked at communities that have these wells -- I should be 10 since day one, on Robson Ranch anything below surface ns i I 0 loolang at all of you but it was your question -- and we l 1 looked at how these wells fit ~nto neighborhoods and how I l his responsibility We've got another guy whose .lob is 12 everyt~ng above surface But anything below surface, I 12 tl~se wells are compatible with neighborhoods And we did 13 pipe hnes, roads, grades, drainage, water, anything , l 3 fc~us groups of people that bye in those kinds of 14 that's below the surface of the land is his ,14 n~ghborhoods Then we did focus groups of potential ' l 5 bul,~s in our community And based on all that, we made a 15 responslbihty So even though tonight is .lUSt the first 16 of three times we'll be in front of you, I know that when ~ 16 decision to go forward and bring tlm case to you guys 17 I first got introduced to tlus, I had concerns and 17 taught And we'll be back with a detailed plan later and 18 questions and issues, so I brought the right horse power ~ 18 th~n the plats later on 19 here to answer your questions 19 So having said that, I have vath me the guy 20 What else? I'm trying to anticipate some 20 'ale understands everything about below-grade development 21 questions I'm selling past the close But we went ahead 21 tie guy who understands building them and dnlkng them 22 and looked at other communities You asked, Conumssioner 22 the guy who understands operaung them, and the guy who 23 Holt you asked the question where else hex e people done 23 urderstands the regulatory and safety issues We've also 24 this and all that Well, ',w're a home bmkhng company 24 ~ bke the group that came before you earher today, 25 We're not in the gas business We don't know anything 25 we ye been working with the City of Denton's envtronmental Page 126 Page 128 about n And our concern was is a high-ced golf course, I pe~pla We've been working with the City of Denton 2 resort commumty where the houses are -- I mean, of 2 planning staff to come up with a compauble plan We 3 course, they're a value but they're kind of expensive, is 3 lo~ked at what the Denton standards are and we comply with 4 that coarpatable with this and how is tins going to look 4 th~se at a mmunum But then Mr Gray talked a little bit 5 and what do these things look lflce And I'm not trying to 5 at'out this plan over here, and this rendering doesn't look 6 be funny when I say my entire concept of the gas industry 6 se good on screen so let me go back to this one which is 7 was from episodes of, like, ~' shows where you saw the big 7 the one that has the okay So what our idea here is is 8 ptunp .lacks and the big derricks And when we went aheed 8 ,~hat the City requirements requun and whet, frankly, lust 9 and mvesllgeted, that's simply not what this is Once 9 a't'eut every city reqmres is you have a well and you have l0 they drill ~the wells, they have something that they call i0 a once around it and you have 100 feet from any 11 the Clmstmas tree which is a sones of pipes about my l I combustible structure unless it's a place of assembly 12 height that the ges comes out of Anda'snota 12 whch is 300 feet So, hke, a house would be l00 feet 13 mechanical process There's nothing roclaeg back and 13 ard a clubhouse or a restaurant or a bar, semetlung like 14 forth There's no mechanical process there 14 that would be a minimum of 300 feet 15 We came out here on several occasions and Ed 15 Well, we're doing that and more We came up 16 Robson, my boss, came out here on several occasions and we 16 w'~ a concept called the gas park And what we're doing 17 went to some of l',~tohell's wells We went to some of the 17 tt~t s a hnle bit thfferent than other people Is the 18 other companies wells, you know, trespassed right up onto 18 pa.-k would be about five acres, wtuch is -- I don't want 19 their land, and we sat there, rolled down the windows and 19 to be in my own shadow But the park would be about five 20 watched and listened and looked at tho clesnhness once 20 ac'es and there would be the inner area whtah is -- well, 21 it's complete Looked at, lille, how tall stuff is, what 21 thee will be a very inner ama which is where the actual 22 does it sound like, do you smell anything, is there an 22 wells me, what they call the Christmas trees, and those 23 odor, th~ spacing issues, the hghtmg issues because 23 an~ the pipes that are about my height Then around that 24 we're concerned about that, access issues, how often do 24 '~53 be, let's call it a two-acre area and that's the 25 tracks hive to go there? What do they do v, hen they get 25 ha,h mark thing on this map Okay W~thm that two acre ~LANNING AN"~D ZONING COMMISSION - -- ' 3, 2001 Page 125 - Page 128 25 CondonsoItTM Page 129 Page 13 I I area, thatwdlbofeocedoff It wall bo landscapaL It 1 higher pressure than anything that's commg out of cheer 2 will have alpretty geed s~zed fence, a hill° taller ~han 2 these wells, that transports gas all around Texas I'll 3 whatever loside of it is, you know, so people can t really 3 let him talk about the safety of the wells and what the 4 see what's Inside And then it will just be hke reck m 4 truck record is because that's something we looked into 5 there for truck access and a's a real clean area ~=d 5 And we already have gas pipes all over this community 6 nobody has access to that 6 because people have gas to their hot water heater, people 7 Then around ~t is th~s five- acm -- and fiese 7 have gas to tbeLr stove, people have gas to their kitchen 8 are all -- one is a subset of the other I'm not s~mg 8 area, and it's the same stuff It's the same issues 9 ~t's an add~tional five acres I'm saying the whci~ rh,r.~ 9 Another flung is that we're not signed up with 10 isfiveac~s So theo th~'s this outer m, eewl~d~wiB 10 any one gas dnller yet Okay Butweare, hke, this 11 he a park and there will be benches and picnic ~ md 11 far away from signing up with Mttcbell Energy There are 12 trees and grass and that kind of thing maintained by the 12 about a billion gas companies in the State of Texas and a 13 homeowner's association And the idea there is ~at ,ne 13 lot of them wanted to be involved in this project And 14 took what could possibly be considered a negatn~ and we 14 the reason why we chose Mitchell or why we're going to 15 turned ~t rote what we percavc to be a positive So 15 choose Mitchell is because of their safety track record 16 people buying the house right over here or the hcv~e r~ht 16 and the -- we went ahead and looked at wells being 17 over here or the house right over hero will be getmg 17 drilled, wells that were completely drilled, what kind of 18 frontage on a park, and that is a positwe Maybe 18 staffing, what kand of -- the mere fact that they have an 1,9 frontage on ages well would be a negauvc Ma.~be for 19 environmental and safety guy for this area, dedmated to 20 some people it was, for some people it wasn't L.-~ckily, 20 this area is different than a lot of other companies And 21 we've got ,6,500 houses m go through so we have sorn~tl~,ng 21 part of the reason why we're going w~th them, a big part 22 for everybody 22 of the reason why we're gmng with them is their track 23 All right I'm done w~th my path, but :. you 23 record, the extra attention they spend on details and 24 have any questions for me 24 things like that, and we were able to get very comfortable 25 MR MORENO MS Holt 25 with the safety issue Page 130 Page 132 1 MS HOLT well, I guess pinlosopincAiy The folks who went before us earlier today, I 2 compatiinhty with residential areas and gas wells.ltlSt 2 know I shouldn't keep referring to another case, but they 3 doesn't ~mg well to me That's basically v&~lt it is 3 gave a presentation to staff a couple of weeks ago about 4 And It seems like you have done the very be,x you could 4 gas wells and what are they and how do they work and all 5 withag~swellmarestdentmlarea My qmstion ts 5 thatkmdofthmg, andlattandedthat Andlnthere 6 it's not how it looks, Ws how safe it ts I l~an, 6 they talked" and I really wish theyw°uld have bnveo It 7 you,ve done a beantfful job of how tt looks Wb~.t axethe 7 to you guys tomght beeause tt was really mformatave and 8 statistics on places Bke flus? What happens · thare ts 8 they talked about how in some places in the United States, 9 a leak'~ Has there ever been one? I can thm.c of one m 9 the gas is under high pressure down la:low When you poke 10 east Texas that all of us know about about t~o years ~o 10 a hole m it, it comes shoottag up In other areas ~n the 11 All the trees m the world, all the fences, all Jae parks I 1 United States, the gas is trapped m a shale, trapped in a 12 are not going to make up for that and I do ia.we that 12 rock, and it doesn't come up with the same volume or 13 concern, 13 velocity 14 And then how are you going to let tt~ people 14 It just so happens, and this is a negative for 15 know that are buying into this residential an:a thai you 15 us because it means less gas and less cash over time, but 16 are buYlng mto a residential wbere there are 277 gas 16 the gas m th~s area is k~nd of trapped m the rock It 17 wells* 17 doesn't come up at a h;gh pressure ut a high rate 18 MR. SORIANO okay I'm gomg to a:~-we~ both 18 So for all those masons, there's higher risk 19 of those and then I'm going to get the regul,'cory guy to 19 areas and lower risk areas There's higher risk compames 20 answer it better than me But real quickly, ,ue gas 20 and lower risk compames There's the task associated 21 that's cOmmg out of the ground over here ~s .he same 21 with the gas line that gee~ to the back of your stove In 22 level o~ flammability as gas that comes out cf your sto~ e 22 this particular area and th~s particular company and this 23 at home Elsewhere wxtinn tins project alreai-:', aaad 23 part;cular dnlhng tachmquc and this particular ama or 24 ffanklyl all across the north Denton ama, the~ 24 field or whatever they call it, a play or whatever they 25 eross-c01ltltry plpelme~ that have ingh pressure gas, 25 cab ~t, in every single ca~'gory, this is, like, the ,LANN1N0 AND ZONING COMMISSION 3, 2001 Page 129 - Page 13~ 26 CondenseItTM Page 133 Page 135 1 lowustnsk So when you add aIl tlmsa t~ether, lt's MRSORIANO Andthat'sJustthegas 2 comparable safety to the gas gumg to your hot water' 2 disclosme When you buy m our commumty, you receive a 3 heater m yoer garage right now 3 stack of papers like th~s because and I guess -- I know 4 Tho second questmn you had -- and that's my 4 you weren't here when we thd our anginal deal, but W s 5 answer and he can g~x: you a more ~eohmeal one or 5 just a real an~quo commumty It's hke hwng m a 6 staUstlcal one ff you x~ant one The ~eoend quest~oo you 6 resort hotel and there's real good things about tt and 7 had is disclosure to potentml bahia's And whde we thd 7 there s some negatives You have homeowner's assentation 8 not know about the gas when we purchased th~s property, we 8 dues They're private streets, private roads The roads 9 d~d know abota the gus before we Ix:gan masking 9 are maintained by the resideots So there's fees that 10 operat~ous them So I don't kn~w ff any of you guys, and 10 these people sign on to These people s~gn onto where 11 there's not enoagh gray hair at t~ ruble, but I don't 11 they can park, what color they could paint their house 12 know ff any of you guys have bee~a there to look and see if 12 what their yard eould look hke, how much grass, what kind 13 you want to buy there ur been go~al customers or come 13 of grass And there's a lot of regulations when you bye 14 to talk to us, but every smgla person - and we don't 14 ~n there We make sure that everybody understands them 15 have any ms,dents there There ~ nobMy hwng there 15 coming in And the gas wells ~s now ~tem number next 16 right now 16 I don't have a m front of me, but n's just simply 17 But 100 percent of the people that are buying 17 another item on our hst of disclosures that people have 18 there received an ~nfoanat~on pack_age about ~t, W s 18 to acknowledge before we'll sell to ~ 1,9 ~ncludedmthe~r CCNRS, tt'S mcluded~nathsclosum 19 MR MORENO MS Holt, are you through~ 20 And I th~nk m your package -- h: thdn't include the 20 MS HOLT wne Thank you 21 thsclosure mformatmn bat we ~ormally braid further west 21 MR MORENO Mr Wflhams 22 and the closer you get to Cabfomxa he'll tell you the 22 MRWILLIAivIS Yeah Maybelwasata 23 more you learn to d~sclose stuff up front and get people 23 different meeting where you made your presentatmn because 24 to sign off that they received :t So every single - and 24 thc presentation I heard was this was tho best thing since 25 it's not m your package, 'l~,~m~.mst told me 25 tho Garden of Eden Page 134 Page 136 1 But every single person that has bought or I Ma soe.[ta.~o That's thc correct one Yes, 2 Will buy at Robson Ranch ts made ay, are of the locatmn of 2 s~r You got ~t right 3 these gas parks, what they're about, when they're runmng, 3 Ma WlLL~AMS okay I have a friend She 4 what they look lille, what theft tssues are And will we 4 has a slgu on top of her desk, she says lack of planning 5 lose some sales9 We might, but I don't thtnk so I mean, 5 on your part does not constfiute a crisis on mine And so 6 there's -- when people d~g m ott deep enough, they 6 ff i,m a cartoon and yea see a httle hght bulb up there, 7 reahze tt's not an tssue end ~aey'll buy anyway But 7 you aught rend that because, hke I said before, I do not 8 there are .- I'll provide tt to .-,au or staff will prowde 8 hke to go over and continue to cultivate things And I 9 to you naples of the dtsclosures that e~ ery single buyer 9 reahze that basically ~t had nothing to do w~th planning 10 gets and then they mtttal that they got tt And that's 10 It had to do w~th the pace of gas gumg up ~s the reason 11 something we were trained to do m other states w~th other 11 that we're here today Because ~f ~t was too expensive to 12 tssues hke power hans, that kind of stuff 12 drill they would not be wanting to dali Bottom hne 13 MS HOLT what are these development 13 MR SORL~40 IS that a qeasnon? 14 regulations that were tn our tracker9 14 MR WILLIAMS And that's the bottom hne 15 MR aRAY Those are the amendments that are 15 And I guess my concern ~s I work at Fort Worth and see 16 being proposed to the concept plan "fhe Robson Ranch 16 these benut~ful s~gus that talk about Robson Ranch are 17 concept plan conststed of a faa'l) tluck document and 17 you going to say come move to Robson Ranch and hve at the 18 these are just the changes tha~ they would make The red 18 gus purk on those beaunful s~gns that stt on th~ freeway? 19 text -- I'm sorry, I dtdn't explain tlus earher The red 19 A simple yes or no 20 text are, I guess, the new text that's being added m 20 Ma SORIANO The answer is no, sir We're 21 As far as the chsclosL'x'e agreement, I do have 21 not going to do that 22 coptes of those I don't have them vath me, but I nan 22 Mr< WILtZAMS Thank you 23 certainly get them to you I ~cha't include them m the 23 M~ SORt^HO However, if you look at our PAD 24 packet because they were sex er-al pages long and I figured 24 and what we prowded to you, and I think you-all got 25 ~t would'Just" tt wasn't worth tr. 25 colored copies, ~s what you see there m the black ~nk ~s .... 3, 2001 Page 133 -Page 136 ~LANN1N(] AN~D ZONING COMMISSION 27 CondonseItTM Page 137 Page 139 what's already approved and what you see there m the red MS GOURDIE This IS one of those moments of 2 ink are the proposed changes that we're askmg you to look 2 eureka, huh, when they came forward and said you've got 3 at tonight And one of the things m the black mk is 3 gas on your land 4 that there vail be wells on-site, for example It doesn't 4 MR SORIANO when we got that phone call -- 5 say that tlgy'll be water wells or gas wells or whatever, 5 actually, we got the phone call from one of these guys who 6 but we've already drilled several and there will be more 6 works with them We didn't beheve them It was, hke, 7 over time, water wells on-site And a water well, they? four months we were hke, yeah, sure Sure 8 bnng out a dernck They drill a hole They're there 8 MS GOURDIE well, my concern -- well, there 9 for 30, 40, 50, 60 days They have stuff they use to make 9 was a lot of talk on the previous case about non-permeable 10 the hole They have pipe they use to put tn casing They 10 bases when they're setting the wells up Is this going to 11 have cement they put to put around there Then when 11 happen when y'all do tlas9 12 they're done, they pull that ng away and they move it off 12 MR SORIANO Yeah This is a unique deal 13 on a heavy truck and then they put a water well tn place, 13 because -- this is a httle different then the earlier 14 which Is rt~nEhly about my height and roughly about the 14 case The earlier case, the guy tn front of you, well, 15 same level of attractiveness as a gas well, except tt15 you had a bunch of people m front of you, but one of the 16 makes noise It's electric powered 16 people you had tn front of you was the drillers Okay~ 17 There are -- and then let me tell you another 17 And this is unique tn that we're not the drillers We're 18 tlang We have gas there for people's stoves We have 18 the landlord We're the owner of the property And we're 19 gas there for people's fireplaces and all that stuff 19 gems to sign a lease with a driller, probably these guys 20 That gas comes m on a big pipe and then tt goes to a 20 but no guarantees, and we know where the value is The 21 d~strtbutor wtnch goes to httle pipes which goes out to 21 value is the housing commumty and all that 22 httle feeder lines that go to every house Those things 22 So part of our research was lanng really good 23 are above ground and they look hke little Christmas trees 23 lawyers who really understand th~s and puttmg in place 24 '~ tth little pipes 24 not .lust environmental protections hke you're asking 25 Tbere are some people who could say that we're25 about, but putting tn roads, where are you going to bnng Page 138 Page 140 already allox~vxl to do tlus We didn't necassanly agree your trucks what am they gems to do on this one 2 ~ath that and we don't -- and that's why I'm up front wnh 2 it's private roads Th~s is a different deal We're 3 just telling you what we're domg And the practice that 3 private roads We mamtmn them So what are your tracks 4 ,~e've had vas the City so far, and it's worked out real 4 going to do? How am they gmng to ~ar up our roads* 5 ,~ell for us, Is to come forward and say what we want to 5 How are you going to maintain them? Are you gmng to be 6 do, talk about what we've looked at, how we've researched 6 noisy for the n~ghbors? We're requmng them to get out 7 it beforehand, and put it m front of the boards, the 7 and start drdlmg now This Is a 20-year project The 8 Commission and than the Council members 8 houses arc kind of come ~n over a 20-year pemod They 9 Will we make the fact that there are gas wells9 can put the wells m a whole lot quicker than that Can 10 the front of our marketing campaign? No But we're not10 you get the wells in before the hoeses9 That k~nd of 11 going to lade ~t either There's power hnes there but 11 stuff 12 there's also golf courses and clubhouses and pro shops and 12 So from an enwromneatal perspective, we re 13 restaurants And it's what they call a sustainable growth 13 doing tho same belt and suspenders approach you know 14 community tn that tlus is a place where people can live, 14 hnmg everything, seahng evexythmg, cleaning it up when 15 work, and play all m one place And we'll have shopping 15 you're done, tesUag a before you start, testing It after 16 centers that are already approved 16 you leave, only because we can We're the landlord Wc 17 And, frankly, tf people want to have gas 17 can make them do ~t and because the last tl~ng we want to 18 coming OUt of their stove or gas coming out of tbetr 18 do ~s put ourselves in a situation where we possibly could 19 fireplace, it's got to come from somewhere This ts where 19 be held habla for a mistake on somebody clse's part 20 It Is And what I learned earher tonight is the hfespan 20 Something I learned, and I w~sh those guys 21 ts somewbere between five and 20 years and then they'll 21 would have g~ven you the same presentation, but some~ng 22 have to f'md it somewhere else But gas is a real clean 22 I learned at thc presentation two weeks ago is tn th~s 23 feel and people use it and you've got to find tt 23 area, because of tbe wey the gas Is In thc shale, 24 somewhere Here it is 24 apparently they use thfferent methods for chalhng these :25 MIL MOREhO commissioner Oourdle 25 holes and they use different stuff Some places they usc PLANNING A'I~rD ZONING COMMISSION J ,2001 Page 137 - Page 140 28 CondenseItTM Page 141 Page 143 like, ail oil-base stuff to dali it with In this I going to be covenant to not be able to dig hnes or do particular, ~ use a water base stuff to drill tt with 2 anything w~thout calling you first So some of the reasons why you'd want nnpermeable layers 3 Ma SORIANO yeah It wdl go m the 4 and concrete liners or clay hners or whatever don't even 4 right of ways where we have other p~pes 5 exist here We're making them do it anyway Why? 5 MS OOURDm okay, m the right of ways 6 Becau.,e, well, it's not expensive and you never know 6 MR SORIANO I mean, they'll go m easements 7 ~ts oouP. mn okay Second question, are any of 7 and that kind of staff wbere thc gas pipes are, where the 8 these Clmstmas tree hnes, as you call them, ar~ they 8 power pipes are I mean, I'm sun: there's some we 9 going to be near accessible roods for your residents? 9 talked with your englneenng guy and there's some rules l0 MIL SORIANO okay The parks can you guys 10 about how close and how far and where the phone hnes are I ~e th~ real well? I can't because thc light ts right m 11 and where the gas pipes are, but there s room m the 12 my ejes But let's say this Is a park and this pat~mular 12 easements 3 one is a rectangle for the ease of explaining tt 13 MS OOUaDm And what's the difference 14 MS OOURD[E I guess what I'm asking, I 14 between Concept A and Concept B other than one looks like 5 under, mad this concept but you said all this stuff ts 15 n's farther out than the other? 6 going to end up at these collection containers on one end 16 MR SORIANO Oh they re jBst vautagu points 17 of thc place 17 These are tesnble renderings I'll put them back up 8 MR SORtANO oh, you're talking about the 18 because oh, I know what it is I didn't want to get 9 hqmd, 19 into th~s today It has to do with fences 20 MS OOURDIE Yeah, I'm talking about when ~t 20 MS OOURDm okay then don't -- let's not 1 gees from hea'o to the pick up place 21 get into It 22 MR SORIANO okay Let's talk about that 22 MR som^~o well ~t has to do w~th fencing 23 Oka~ So what we're dotag that's a little b~t different 23 because we're makang them do like, serious fencing around 24 ~s we re gmn8 to have the gas parks around tho community, 24 a and then trees and all that kind of stuff around the 25 and that s each one of these htlle star deals you sen 25 fencing Page 142 Page 144 over here But vatban those gas parks, we're not going to 1 MS GOURDIE well, good That's men Thank 2 allox~ the tenant or the drilling company to put those bxg 2 you 3 wbate tanks Okay'~ Because when gas comes up out of th~ 3 MR SORLqNO YOU're welcome 4 ground you get gas winch ts mai good and you get what 4 M~ aEtC~La,~T And I would just mmmd the 5 they call condensate And condensate, I'm going to go 5 Commtsmon that these vail come back as a detailed plan 6 beyond my -- ~t's hke a mtx of water and gasohne, 6 and so we vail be looking at the fencing, we will be 7 bastcally Okay9 And some of Ws worthless and some of 7 looktng at typtool landscape plans and access and those 8 tt's x aluable Normally, they put those btg white tanks 8 type of tssues 9 next to the wells to collect the condensate and then they 9 MS GOURDIE That's why I smd don't 10 have a truck come tn once m awh*le and truck ~t off and 10 MR MORENO comm~sstoner Mulroy 11 they sell the gasoline and they dtspose of the condensate 11 MR MULROY yeah, a few questtons and an 12 What we're making thcnn do ~s we're making them 12 observatton I have been to the development and there's 13 not put any of the ptpes vathm the eom-mumty but do what 13 nothing that you have done down there, Mr Sortano, thath 14 we're calhng tank farms over here by the sewer plant and 14 less than first class from the arebatecture to the 15 the ~x storage yard, up here on the north stde of th~s 15 constructton to the roads, the concept It would be 16 property And we're basmally puttmg them m places 16 dtfficult to behove that you'd brmg something forward 17 where they're not near the houses because they're ugly 17 that would jeopardtze your ~nvestment and your long term 18 MS GOURDIE SO are these underground pxpes? 18 scheme and your primary purpose 19 MR SORIANO NO 19 I would look at -- the safety concerns should 20 MS GOURDIE These are above ground p~pes 20 be parmnount I thmk the Comm~sstoners would be 21 MR SORIANO The ptpes from the wells to the 21 surprised to know what's underground here m Denton 22 tank farms are underground ptpes 22 through restdenttal netghborhoods as far as hqmd fuel 23 MS GOURDIE underground'~ 23 lines and h~gh pressure gas hnes and the lower pressures 24 MR SOIUANO Yes, ma'am 24 coming off the shale don't compare to what we have tn om 95 MS CJOURDIE okay And your restdents are 25 ex~stmg neighborhoods right now And I would trust all PLANNING AND ZONING COMMISSION nr,'~ "t, 2001 Page 141 - Page 144 29 Cond~aaeltTM Page 145 Page 147 the three layers of envu'onmental regulations, once we I Council We talked to P&Z and Council at that time and we 2 comply with that, certainly our fu'e department will take2 said, you know, 45,000 trees, $500 00 a tree, are there 3 a look, but ! think we're going to be well covered 3 things we can look at on this? And there was a thfferent 4 Legally, and, Ed, you might help me out, m 4 Councd at the tune and tlxxe were some - and, basmally 5 this concept plan we're really lookmg at trading some 5 what - and there were some people on e~ther end of the 6 lots off for the park space The actual pernusston to 6 spectrum and most of them m the n~ddle, and what ~t came 7 drill the wells will come under a special use permit at a7 down to is well why don't we look at ~t and sec how it 8 later date, is that correct9 8 starts play~ng out as you develop and then come back to us 9 MR SNYDER NO, that's not correct This tS 9 and talk to us And that s what we've done 10 a Planned Development In Light Industrial or 10 And here's the ~ssue that we have Our 11 Agricultural, you have to get a special use permit But 11 development is not like a regular neighborhood It's all 12 since this ts a Planned Development, tt can be permitted 12 retirees They don't have k~ds m the backyard 13 by mnending the concept plan 13 Basically what our customer, and some of you are hecrmg 14 MR MULROY okay So thls would be the 14 thlsforthe83rdt~me but our customers don't want a 15 permitting process for the actual well drilling9 15 huge backyard because they're seiners, they're retirees 16 MR SNYDER This IS a zoning case SO what 16 they don't want to mow the lawn, they don't want to mow 17 you're doing is you're authorizing the actual use, the gas 17 the grass What they do want ~s a lot of common area and 18 use Thts ts a enncept plan but you're basically rezonmg 18 open space that somebody else maintains, okay, that a 19 the property by porralttmg this use 19 homeowner's association maintains 20 MR MULROY okay Then what would they have 20 So what we do ~s we do relatively smaller 21 to do next to get peenusslon to drill the wells? 21 lots, clustered pretty hec~ dy in areas, neighborhoods or 22 MR SNYDER They would bring in a detailed 22 pods or ~ dlages, whatever you want to call ~t and then 23 plan, as Mr Sorlano indicated, which gives more detads 23 we have pretty wide open spaces such as softball fields 24 to the Planned Developraent, and then they would have to 24 such as golf courses, such as parking lots, shopping 25 come tn with a plat That would be the Final step 25 ceotors all those lands of tlungs that are used for Page 146 Page 148 i MR MULROY Okay But no special use permit I recreational purposes, greenbelts, walking paths, hiking 2 would be reqmred'~ 2 paths, b~kmg paths 3 MR SNYDER NO 3 Okay So now let's talk about the 15 trees 4 MR MULROY okay Thankyou I'mmore 4 peracre Well, we can't get to l5 trees per acre m the 5 interested tn the reformation you're going to give us on 5 dense housing area because then there's no room left for 6 the landscape, the rationale for ad. tustmg the number of6 the houses Okay So you've got to shift them somewhere 7 trees, tf you have a nunute or so 7 else So then you go, okay, let's put those 15 trees per 8 MR SOmANO oh, sure Sure Let me go back 8 acre on the softball field Well, you can do tt around 9 one more qmck step This thing you're looking at over 9 the sides, you can do it over the bleachers, you can do tt 10 here shows these wells, these asterisks, spaced out pretty 10 maybe as the -- you know, out in the outfield But a 11 evenly, and that's to kind of comply with the spacing 11 softball field Is pretty big It takes up a lot of 12 rules that we talked about m the earlier case When we 12 acreage as does a parking lot and all that so you can't 13 come back before you next time, you're going to see the 13 put the trees in the rmddle of a softball held Let me 14 real detml belund every one of these and how it fits in 14 assure you that we will heavily landscape this We will 15 with a street and a road and a house and a lot and that 15 get tons of trees out there There will be trees around 16 kind of stuff And you'll see that on round two tn a 16 The areas that I'm looking to get excluded tonight, like 17 month or two, whenever we get back to tt 17 the softball field and stuff, we'll have trees out there 18 With respect to the trees, I don't know -- and 18 but we can't get to 15 to the acre on those because that 19 you said you have visited the area so you know there's --19 will obstruct play You simply can't put 15 trees per 20 I think there were two trees on the property when we got 20 acre on a golf course and still play golf 21 there They're probably not there anymore due to grading 21 So the proposal that we're putting forth 22 And the property, flus ts like 2,725 acres We also have 22 tonight ~s to hold us to that 15 trees per acre for the 23 about 300 acres up here that will eventually come into the 23 resldentml areas Give us relief on the 15 trees per 24 City It's In the ETJ now So we've got about 3,000 24 acre on stuff hke the golf course, the softball field A 25 acres 15 to the acre ts 45,000 trees We talked to 25 late addition was give us relief on mslde, hke, the PLANNING AIqD ZONING COMMISSION T-~'~ aa, 2001 Page 145 - Page 148 30 CondcnscItTM Page 149 Page 151 i gravel areas and th~s area over hero because you don't 1 going to put the wells tn9 2 want trees reside that fenced tn area And that's what 2 MR SNYDER Yes 3 we're asking for So there vail b~ plenty of trees there 3 MR WILLIAM~ Okay Thank you If you say 4 but -- and do you want to know something, we may get to 15 4 anymore, you'll confuse me 5 trees to the acre, but we're saying hold us to 15 txees to 5 MR qNYDER But the point ts what you're 6 the acre tn the xcsidential areas, g,vo us rehcf on thc 6 domg ts you're only -- under the vested rights statute, 7 other areas Docs that answer a7 7 all you really vest ts lot size, budding size, and 8 MR MULROY well that's sansfactory I 8 setbacks You don't vest use I mean, when you're 9 just staff has wahdrawn their obJeCtion to it and I 9 recommending approval of these gas wells for this 10 want to know what was pivotal tn that decision 10 property, you're just merely reconunendmg to the City I MR P.~tCHHA~T The anginal thoughts that wa 11 Council Once they zone ti, probably the only tbang that 2 had were that -- we weren't m objection to mmnnmng tho 12 they wdl ultimately be vested on is the stzo of the lots 3 trees m the purling lot, ~ gas parks, and the golf 13 once they're platted Land use Itself ts exempted from 4 course and those areas The idea was what we got 14 vesting under Chapter 245 of the Local Government Code 5 hooked on was that then -- but allow us to take eretht for 15 Land uses aren't vested under Chapter 245 of the Local 6 tho trees we put in them And we just took that as, 16 Government Code 17 well, you know, ~t's sort of -- ~t sounded like ~t was 17 MR MORENO commissioners, any further 18 double dipping Don't make us do it but if we do it, then 18 questions for Mr Sortano'~ I see none Thank you 19 we get credit for it As opposed to when we did talk with 19 MR SORIANO DO you want to ask my guys 20 the applicant a httle bit closer, as opposed to looking 20 anything9 21 at it that instead of planting 45,000 trees throughout the 21 MR MORENO Is there anyone here to speak tn 22 development, let's exclude these areas that decreases the 22 favor of the petition9 Anyone here to speak tn favor9 23 total overall number of trees, but let the apphcaut 23 Does a member of your staff have any comments, Mr 24 decide where to put them 24 Sonano9 25 MR SOR[~a'~O we worded the submittal really 25 MR $ORIANO If you don't have questtons, Page 150 Page 152 poorly and I flunk that's what resulted tn that comment by 1 they're not going to speak 2 staff And then when we got the staff report, we said, 2 ',m MoaEso okay Is there anyone here to 3 well, watt a nunute, what don't you hke about tt And 3 speak in opposition to the petltaon? Is them anyone here 4 they smd explam what it ts you want And when we 4 to speak in opposition to the pentlOn? We don't have any 5 explamed it, they smd, okay And the wording was just 5 cards, do we, Mr Relchhart? 6 stupid, the way we did tt 6 ~t~ amcH.~ax ~o s,r 7 MR MULROY SO we've commumcated since then 7 va MORENO okay Semng no opposltmn, 8 MR SORIANO It was a communication xssue 8 rebuUal m waived Pubhc hearing is closed Mr Crcay 9 Our fault We apologize 9 do you ha~e any final comments? 10 ~R MULROY Thank you very much for your 10 ,aa ol~.Y ^ctoally, I have a couple of 11 time 11 comments I would point out, if it hasn't already been 12 MR MORENO Mr Wtlhams 12 done so that thas will actually result in a decrease of 13 MR WILLIAMS Yes For our attorney, when I 13 overall density of the development because each of the gas 14 think I have vested rights already in nay hand, soreebody 14 parks vail be put in residentml areas and I think each 15 will ask a question and confuse me Now, tomght ff we 15 gas park vail take up something like ten or 20, I have it 16 vote for this zomng change, then hestcally we have 16 written down somewhere, lots So once these gas parks go 17 approved the concept plan Is that true? 17 m, it's gelng to he done at the expense of residential 18 MR SNYDER YOU'Ve recommended approval to 18 lots 19 the Council, correct 19 And then also I believe that Ms Palumbo had 20 MR WILLIAMS Legally And so there's 20 somedung that she wanted to present to the Commission 21 nothmg we can do to stop the wells once we approve tlus, 21 MSPALUMBO l have a few comments on thc 22 basically, for a zoning change9 22 materials that they've submitted If you look at the 23 MR SNYDER well, that's what you're doing 23 typical gas park, we had provided them some language from 24 with a zoiamg change You're approving the wells 24 the Fire Code and they left off 300 feet from a pubhc 25 MR WILLIAMS And approvmg the way he's 25 assembly area, and ~t should say mstautmn and school PLANNING AND ZONING COMMISSION '3,2001 Page 149 - Page 152 3i Condon$¢ItTM Page 153 Page 155 i So in making your mouon, you aught consider adding thosa specific questions that need research or hard statistics 2 provisioas from tho Flre Code So a would b~ 300 feet 2 ontt, we'll get them to you through staff Amlgomgto 3 from a publm assembly, institution, and school 3 get a chance to talk about the off thmg because tf you're 4 A0d then whan they talk about Enclosure 3 and 4 gomg to impose a condttton or sometbang, we should talk 5 you look on -- they primarily are asking for gas w~lls but 5 about that first Because tt wasn't tn the staff report 6 through their materials, they reference ell and ges wells 6 and we haven't had a chance to talk about that and I have 7 So you m~ght want to haa~t tho references to oil and gas 7 some questions and reservations about the oil step that 8 wells in E~hlbit 3 to just gas wells If they find oil 8 she might want to add maybe 9 for soma mason underneath, it aught bo thc desire of tha 9 MR MORENO I would hke for a Commissioner 10 Commlssmn to have them come back and amend their cooaept 10 to pose tt tn the form of a question to the apphcant so I plan 11 that he can address that issue 2 And I cnn point out, them are several areas 12 MS APPLE And I would just lflte my question 3 in there, starting on page 31 when it talks about the oP 13 answered, ff you don't mind 14 gas park I don't know if you can see this last 14 MR SORIANO HOW about he answers your 15 paragraph Dull complete, operale, rework, recomplete, 15 question and then maybe we can talk about the oil side 16 and produce any oil or gas So I think that the mt~nt of 16 MS APPLE JUSt ret'erring back to what 17 the applicant is primarily for gas wells, not for oil 17 Commissioner Holt asked enrher about are there any 18 Oil wall d~lhng revolves larger structures coming onto 18 statistics avadable on accidents, leaks, et cetera, tn 19 thc proper~y $o those would be lcgnl's recommendation 19 neighborhood areas 20 t,~ Sm'DER under No 4, as well 20 MR EWING All right Jay Ewmg with 21 MS PALUMBO Yes You mlghtgust make a 21 Mitchell Energy I'm the completion and construction 22 motion that tn Exhibit -- Enclosure 3 whenaver they 22 manager 23 reference oil and gas wells, that thc oil and the words 23 MR MORENO EXCUSe me Give me your name and 24 "off and" be struck from tt to just reference gas wells 24 bumness address again, please 25 only Thank you Am there any quesuens? 25 MR EWING Jay Ewmg with Mitchell Energy Page 154 Page 156 MR WILLIAMS I have a question I was I Address is 306 Highway 380 West Bridgeport, Texas, 76426 2 waiting to~b~ recognized 2 Specific staUstics, I don't have I know stanstics are 3 Ma. MOamqo I hava Ms Appla next on tho quo 3 available through the Railroad Comnussion Any incidents 4 Ms APPLE Pm sorry My hght has been on 4 that occur with a plpa line, oil and gas wells that 5 for a little while because I wanted to address the 5 affect the general -- will affect tho public and the 6 petitioner I just had a question 6 atmosphere or anything has to be reported to the 7 MR MORENO 1 closed the pubbc hennng, 7 Commission But statistics can be obtained through them 8 however, if you have a question for tha petmoner, we can 8 I would like to also say that safety for 9 do that 9 Mitchell Energy ~s of the utmost importance for oar 10 MSAPPLE secausa my hght was on whan you 10 employees, for oar conh'aetors, and the pubhc Sowe 11 wt~ doing that I never got acknowledged 11 take extreana measures to make sm that all our opm'at~oos 12 MR MORENO /apologize Id~dn'tsenyou 12 are safc and that everytlung is done correctly 13 MS APPLE That's okay I know that's not 13 MS APPLE Do yOU have any knowledge of your 14 easy to do over thom 14 compeny's statistics on any type of leak or just on your 15 MR MORENO Pleasa ask your question of the 15 specific company? 16 petit~oner, 16 MR EWINO ldo not have any with meat this 17 Ms APPLE My question refers back te 17 t~mc I can get thoee or refer you to someone 18 something Commissioner Holt asked carher about the safety 18 MS APPLE 'thank you 19 statistics and you had ment~ened that you had an expert 19 MR EWnqO YOU're welcome 20 here who,could address that question, and I land of would 20 Ma MOa~tqo Mr Wllhams is next on the quo 21 hke scm0 mformat~en on that from the expert that you 21 Ma WILLIAMS [II wait until the attorneys 22 said you -- 22 get through 23 MR SORIANO wa have folks here that are in 23 MR MORENO MS Gourdlc 24 the dnlhng and the regulatory and tl~ production side of 24 MS OOURDIE. 111 wait for a nunuto 25 it and th0Y can answer questmns And then ff you hava 25 MR MORENO Mr Mulroy, is it the vosh of the PLANNING AND ZONING COMMISSION J' .... ,2001 Page 153 - Page 156 32 CondonaeItTM Page 157 Page 159 Cormmsslon to suspend for a few rmnutes? that I'm heanng about now is the pump jacks and that oil 2 MR MULROY Well, I had one question for Mr 2 is a thrtler thing to extract from tho ground than gas 3 Ewmg while the other folks are confernng What's your 3 And I agree w~th that And I thank if warn to do od - 4 workers comp multiplier? 4 and we don't want to do oil It's not even something 5 MR. EWING That's a question I can't answer 5 that's on the table right now But if we want to do 6 I'm not sure exactly when you're askmg for a mult~pher 6 something with pump .lacks or oil, then we need to coane 7 MR MULROY But you've just attested to your 7 back in hero and do a plan amendment at that tune I'm 8 safety level and everyttung else, ts that not correct? 8 just womed about if we specihcally exclude oil tomght 9 MR EWING That's cermet 9 how does that affect dasclosum to potential buyers 10 MR MULROY okay Thank you 10 between now and ten or 20 years from now when we come in 11 MR MORENO Mr Mukoy, where I crone from we 11 for 12 called that an experienced modifier Maybe that's a -- 12 What I'd hke to propose, and I'll address the 13 MR MULROY DOes that help you, Mr Ewmg, 13 Chant, la that you approve it as ns and then when you get 14 the terrmnology "expenenoed modifier"? 14 to detailed plan stage, at the detailed plan, at that nme 15 MR EWrNG NO, sir I'm basically m 15 you reqmre dasclosures as to whether it's od or gas Or 16 operations, but I can get that number for you We have 16 maybe you put a condthen here right now as part of this 17 people that do handle those tlungs 17 saying that if there's going m ha a pump jack, an od 18 MR MULROY well, I tlunk I've -- you've 18 extraction pump jack, that's got to come hack I don't 19 answered my questions by not having the answer 19 know how to word that Do you see what I'm trying to get 20 MR EWlNG okay 20 at? 21 MR MULP, OY Thank you 21 MR REICHHART I do but I'll take another 22 MR WILLIAMS I would like to ask some 22 angle at at that for your dasclosum, why don't you say 23 questions 23 that if ml ns found on tho property that you wall drill 24 MR MORENO GO ahead, Mr Wtlhams 24 for it If you do ~t that way, it says them may be a 25 MR WILLIAMS what's your job title, str'~ 25 potentml for oil on tlus s~te If that becomes a Page 158 Page 160 I MR EWINO I am the completion construction reality, we wall pursue that avenue And that way, 2 manager 2 nothing - and that way when that does happen, you've 3 MR WILLIAMS SO you're not the safety 3 not:fled the residents or potential residents and then you 4 person? 4 come back and say we found oil and now we have a thfferent 5 MR l~WlNO ~O, sir 5 type of -- because at's a totally different operataon and 6 MR WILLIAMS Thank you 6 I amagmo the t),pmal -- I mean, what do we do for - I 7 MR MOP, ENO DO~ anyone else have any 7 mean, we have gas parks but we don't have oil parks And 8 questions, Commissioners? Ms (}ourthe 8 that's where wc - I mean, if we allow oil as a use, then 9 MS OOImDIB Yes, I'd like to know about the 9 not knowing how that would be developed and how that ns an 10 oil satuation, please, versus gas wells, please 10 relation, we've concentrated on the gas and not the oil 11 MR SORIANO We're having a DRC meeting We 11 operation next to a residential use 12 don't think there's any oil thoro and thorn's no reason to 12 MR MORENO Mr Snyder, would you please 13 think there's oil there and we've drilled thousands of 13 comment? 14 those w~lls in the Denton/Ponder ama and they haven't 14 Mr. SNYDEII I think we need to make u clear 15 found any oil yet Tlm~'s the issue that Mr Snyder 15 to the Commlssmn that thas is a zoning case here You're 16 brought up that there's some condensate that comes up, is 16 allowing land uses here so ~f you allow oil as a part of 17 that consldea~l gas or oil and these guys say, no, that's 17 thas concept plan you can't later prohibit it later So 18 gas, that'S okay 18 that's our legal concern You can't do u at the detailed 19 But my issue is this, this is the zoning case 19 plan stage You have to do it at thc zoning stage So 20 that when people buy m there, they know what they're 20 then now is thn tune to decide whether you want to allow 21 buying tote And two years ago we d~dn't tlunk there was 21 them the flexthlhty of doing thc od knowing that that is 22 any gas there Youknow Two years ago lf you would have 22 a different type of operaUon 23 asked mo Is there any gas thom, I would have said no, I 23 The second thing is separate and apart from 24 don't kn~w And maybe tn ten years, maybe in 20 years, 24 the disclosure, thc teal problem they'll have is It will 25 maybe in 30 years, thee may be od them Tho concern 25 be a later zoning case and those people, if they re hm g iLANN1NO AND ZONING COMMISSION ~,n,~' 43, 2001 Page 157 - Page 160' 33 CondenseltTM Page 161 Page 163 1 out there will be given notification And they may oppose and you don't want to waste at So you separate If off 2 the oil drflhng and that may be thc bigger concern that2 and you put it in bottles and sell it to a hospital or 3 the property owner would have But that's why tt needs to 3 whatever 4 be addressed as a zen,ng matter now and not at a later 4 MR SNYDER Im, ght add that we dad some 5 date at the detailed plan stage 5 ,^dependent revest, gat,on on that ourselves, the City did, 6 MR MORENO I would like to take a ten-nunute 6 and that's the mformatlon we have received, as well, from 7 break if that's okay vnth the Comrmsston Let's take a 7 independent sources that that does happen when you drill 8 break and reconvene at 10 15 8 for gas 9 (BREAK TAKEN) 9 MR WILLIAMS okay Next question, does l0 MR MORE~O okay, Cormmss,oners I went to 10 produce mean operat,ng a refinery9 11 reconvene the June 13th meetmg of the Planning & Zomng 11 MR REICHHART NO, not the way we've 12 Comml. sslon It is almost 10 20 m the evening I believe12 identified the potential uses on tins property They have 13 we were at,the point where we had dosed the pubhe 13 not specff,cally identified a refinery as a perrmtted use, 14 hearing and we were m the process of having d,seusslons14 therefore, a refinery would not be permitted 15 and further quest,ohs of the applicant And I have Mr 15 MR WILLIAMS Well, I'm looking at the word 16 Wflhams next on the que 16 produce 17 MR WILLIAM~ YeS When I was lookang -- 17 MR SNYDER what page are you on9 18 MR MORENO Excuseme Mr W, lhams, letme 18 MR WILLIAMS I'm on page 31, No 1, drdl, 19 interrupt you for just a second I want Mr Retchhart to 19 complete, operate, rework, recomplete, and produce any oil :20 summarize m a better fashion what has happened better 20 or gas It didn't say drill, it said produce 21 than I dad 21 MR SORIANO we'd be wllhng to agree to a 22 MR REICHHART what we discussed dunng the 22 stlpulat,on not to operate a refinery Z3 break is that all the notices that went out and our 23 MR WILLIAMS But why don't we Just change 24 advertisements identified natural gas as a potential use 24 that to drill then, drill and store9 Is that what you're 25 on the s,te It had no reference to od The applicant 25 gmng to do, drill and store9 Page 162 Page 164 I has agreed that at a later date that if they dec,de that 1 Ma sore^No we're going to drill We're 2 they went,to pursue the od, they'll come back for another 2 going to extract We're going te - some stuff will get 3 amendment But at tins tame, if tins does go forward, 3 stered at least temporarily We're going m do exactly 4 we'd recommend that any reference to the off drdhng 4 what we said ov~c here but we're not going to operate a 5 would be excluded from the material subm,tted 5 refinery 6 MR MORENO okay Mr Wdhams 6 Ma WmLI^MS NO, no no I want to know 7 MR WILLIAMS Yes I still have a question 7 exactly what you're going to do because that's the way I'm 8 regardmg the same issue, number one, tn parentheses it 8 going to word it 9 says mcladmg all gases, hqutds, hydrocarbons and 9 Ma soaI^NO Then what I would recommend 10 effective elements What does that mean9 10 MR WILLIAMS Are yOU you're going to 11 MR SORIANO Let me see tf I can enswer it 11 drill you're going to extract and you're going to store 12 adequately When you drdl a gas well, stuff comes up end12 Is that true or false? 13 what we're getting ,s you're getting the natural gas that 13 Ma SOaIANO That ls true but that is a 14 you're lo0klng for, but then there's other trace Giber 14 subset of what we are going to do What we are before you 15 gases that come up with It, as well, that are naturally15 today is to ask for - 16 oecurnng underground And there's also that liquid that 16 MR WILLIAMS GIVe me some verbs 17 comes up, that condensate, and that's a cominnatton of 17 MR SORIANO YeS, sir Can you tell me which 18 water end gasoline So when that gas goes Into the 18 paragraph you're referring m 3us, so I can make sure 19 separator, the gas ,s separated off from the hqulds The19 mWILLIAMS i m stdl on paragraph l, page 20 l,qmds gO tn that tank The gas goes off to a processing20 31 Z 1 center In that processing center, they take out the 21 MR SORIANO okay 22 natural gases, wi^eh is what we're really after, but maybe 22 Ma WILLIAMS NO 1 23 they get a httle helium, maybe they get a little 23 MR SOIU^NO okay What we will do there ~s 24 mtrogen, maybe they get a little bit of other gases and24 we wdl drill, we will complete those drilled wells we 25 it's only ,m trace, trace amounts but it's real valuable 25 will operate those complete wells ,LANNrllqO AND ZONING COMMISSION 2II"'" ' ' 2001 Page 161 - Page 164 3/+ Cond~nseltTM Page 165 Page 167 1 MR WILLIAMS Welt, complete the drill wells into this process, I had to learn a whole new vocabulary 2 MR SORIANO we're going to drill them and 2 to words like sputtmg a well and different ternunology m 3 we're going to complete them 3 the industry, and what he just described the word produce 4 MR WILLIAMS NO, no We're going to 4 as is how It's used m that ~ndustry 5 complete the drill wells In other words, I'm trying to 5 Something else I wanted to touch on real 6 reword this because -- m other words, complete is a word 6 quickly is dunng the break I had the benefit of talkang 7 Just out there 7 to a representative from the earlier gas case that was 8 MR SOKIANO This is the guy that does that 8 hero and she gave me some information about the safety 9 so let hun answer your question 9 track record of Mitchell Energy and the safety track 10 MR WILLIAMS Okay 10 record of tins partmular production area And we don't 11 MR EW1NG Basically, what ttus describes ts 11 have those statlstms hero because we don't have them here 12 the total process from the time we decide where that well 12 but the type of accidents you're looking at is a guy 13 is going to go until it's capable of producing gas from 13 getting out of his track and tnppmg The actual gas 14 beneath the surface to the surface The word "produce" ts 14 production part of tt is extremely safe And, frankly, 15 referencing gas coming from the rock down below 15 that's our first concern A greater concern to us than 16 MP,. WILLIAMS Well, okay I'm kind of 16 anything else ts the safety of the workers there, the 17 confused I think God produces the gas and we humans 17 safety of the oil -- the gas drillers, excuse me, the 18 extractit, because the gas ls there And when you start, 18 safety of the people hvmg m the area And lf there was 19 to me, when you start producing, you're makang something 19 any question m our mind at all about the safety of tins 20 other than what God has left there up under the earth, or 20 process, we simply wouldn't parttcipate m it Tbet's all 21 Mother Nature ff you're not -- tf you don't want to use 21 I had to say 22 the term God 22 MR MORENO Thank you I don't believe we 23 MR MITCHELL My name ts Doug Mitchell I'm 23 have any further questions Commissioners, any 24 a construction supenntendent for Mttehell Energy, 24 discussions, deltherations, further questions of staff~ 25 Bridgeport, Texas, PO BOX 248 To address your -- and let 25 Ms Gourdie Page 166 Page 168 I me take a shot at tt The word that we're referencing I MS OOURDIE IS It also the ability to make a 2 "produce" lflce you said awhile ago, you're used to 2 motion? 3 extracting as m the oil business When you pump oil out 3 Ma MOR~NO Yes 4 of the ground, you're physmally extracting tt out of the 4 MS OOURDm ^11 right I'd like to make a 5 ground Unlike this gas well where when tins gas -- when 5 motion I move to recommend approval of Z-01-0007 with 6 we drill tins gas well, we cement the case and then we 6 the following conthtions nmnber one, the hght on the 7 perforate it and do our well stimulation This gas flows 7 propea'ty shall be designed and mmntained so as not to 8 m automatically and comes up to the well head by itself 8 shine on or otherwise disturb surrounding residentml 9 And at that point In tune, it's ready for production, in 9 property or to shine and project upward to prevent the 10 other words, to go down the hne When we open that valv, 10 diffuslonmtothemghtsky, nmnbertwo, trees planted m 11 up and we turn that gas down the line, we are producing, 11 the outdoor recreation, parking, gas parks, and 12 tn a sense, this well That's where the word produce 12 street/right of-way land use areas will not u will 13 comes from 13 count towards the tree planting mq. mremants of the 14 MR WILLIAMS Thank yea Okay 14 msidentml neighborhood scaw~ces and commtmity ser~l~e 15 MR MITCHELL Got it? 15 land use areas number tha~, 300 feet from public drill 16 MR WILLIAMS okay You have that in our 16 gas parks will be 17 rmnutas, right9 17 MR SNYDER I have the wording ~ 18 MR MOREN'O Mr Mulroy 18 MS aOVgDm okay Would you read that for 19 MR MULROY NO, Lmry addressed my question 19 me, please? Thank you 20 with his comments openmg up after the break 20 MR S~qVt>ER The typical gas park drawing will 21 MR MORENO Okay Any further questions froro 21 be made a part of the concegt plan and the n°tatl°n st the 22 the Comrmsstoners for Mr Sonano* Mr Sonano, I hehev 22 botlom wdl be changed I'll read a the way Ms Palumbo 23 we'd already dosed the pubhc hearing I'll lOve you a 23 made the changes Wells will not be locs~d close* than Z4 few seconds for any final conunents 24 100 feet from resldenUal property or closer than 300 feet 25 MR SORIANO Just real qmckly, as we got 25 from a public assembly, mstitut~on, and schcel area And PLANNIN'O AbID ZONING COMldlSSIOlq J* .... ,2001 Page 165 - Page 168 35 CondeaseltTM Page 169 1 any other -- and must comply with any other prowsmns of I I guess, would 2 the City of Denton Fire Code that apply to gas well 2 ,r so for parking 3 dnlhng 3 And the only other thing I wanted to 4 MS GOURDIE well spoken Number four, that 4 5 Enclosure 3 is to read gas wells only Oil ~s to be 5 addtuonal respoasas from owners, 6 struck and the reference of gas is to be left m 6 one , is in favor and one opposed 7 MR WILLIAM~ I second 7 I'll 8 MR MORENO okay I have a motmn, I 8 pphcant is 9 beheve, to approve and a second Any dtseuaston? Seeing 9 trees, minimum 10 nobody on thc que, vote on the board, please Morton 10 masour3 ~ are all outhned in 11 passes 4-2 11 the text on you-all 12 (COMMISBIONER8 HOLT AND MORENON VOTED IN 12 should have recelned five acres, 13 OPPOSITION) 13 it is not subject to the which ts why 14 we can go reate this 15 And I will, I can 16 answer ~r turn ~t ¢ 17 17 MR ) questions for 18 Planned I 18 ~ t see aay, Mr Cn'a~ apphcant or 19 generally Road 19 State 20 approximately Lane A 20 your address for the n 21 subdtvlston being proposed BUSSELL Yes, s~r My name is 22 This Is I work s~th Surveyors & Eng:neers 23 1621 Amaada Court, Pend~r, Texas, 762.~ 24 The ; late We're not proposing any, gas or oil wells 25 Thank you This ~s a request to I'm going o go thro ~ugh this really qmck Page property from sF l0 to Planned ;'s late and I'm not used to ~lng up tbs late I'm I think the apphaant h really qmck gomg to go tarough thb -- just h ~ to ilo but I'll go t and 4 what's proposed ;'s going m work, ant 5 5 an~ laid it out Ttus ~ the site 6 not teok e But the i 6 there just north 7 proposing 2 . are 7 : acres 8 going to averag square feet 8 extending to the northwest 9 7 000 square feet ,000 square 9 If you 10 feet Of course aur smallest lot 10 that's I w~th the 11 s~ze is 7,000 square fe~ t th~s requuv~s a 11 flow of water gmm~ )id North The 12 Planned Development be z~ro lot hne homes 12 s~te Is pretty flat It's one percent and 13 such that of the 13 so it's a very slo~ ~t Ws Keady What 14 building but you t a ~ have one on the 14 we're ' Pow that's not 15 other Tile a th~ 15 on-site ~, it's going to 16 retirement , whore people ~ ,eople who 16 go where It's ~' rote Old Road The flow 17 rant large lots or big ,. 17 18 will live 18 ts going to bi a 19 ~pphcant ~s proposing to center 19 on Olc 20 a ceatral courtyard Them will ~ 20 d betund the tracheal off ce 21 : around the perimet~r 21 the, you've 22 : to use This development w~ll the rcndenng 23 ~f Chebx Lane The apphcant has actually Hopefully, W s a httle eas~cr to see 24 that tbe strut itself be 24 lest wide vnth a And as he sa.d, these fectpnnt,, 25 parking bay around the panmeter of the courWard or the I just ~mted them them for scale and PLANNING AND ZONING COMMISSION JIll~ ~'l, 2001 Page 169 - Page 17~ 36 ATTACHMENT ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 265, TO CHANGE THE PEP,_MITTED LAND USES FOR THE PLANNED DEVELOPIvIENT 173 (PD-173) ZONING DISTRICT AND LAND USE CLASSIFICATION TO ALLOW THE DRILLING, COMPLETING, OPERATING, REWORKING, RECOMPLETING AND PRODUCING OF NATURAL GAS AND TO AMEND THE LANDSCAPING REQUIREMENTS FOR THE DEVELQPMENT, SAID PD-173 CONTAINS APPROXIMATELY 2,275 ACRES AND IS COMMONLY KNOW AS ROBSON RANCH, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMLrM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR~AN EFFECTIVE DATE (Z-01-0007) ~, WHEREAS, on August 3, 1999, by Ordinance 99-265, the City Council approved a Concept Plan for approximately 2,275 acres located in the Planned Development 173 (PD-173) Zomg District, as more particularly described therein, and WHEREAS, geo-teehmcal surveying has indicated that it is likely that deposits of natural gas evast beneath stud 2,275 acres, and Vv%IEREAS, on Aprxl 23, 2001, Carter and Burgess, on behalf of Robson Denton Development LLC, submitted a request to amend the Concept Plan for PD-173 to permit actn~Ues associated with the drilling for and extraction of natural gas and to revise the landscape reqmrements for the dlsmct, and WHEREAS, on June 13, 2001, the Planning and Zoning Comnusmon recommended approval of the amended Concept Plan and zoning change, NOW, THEREFORE, THE COUNCIL OF TH, E CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 99-265, providing for the approval of a Concept Plan for the Planned Development 173 (PD-173) Zomng District Classification and Use Designation, is hereby mended by approving the amended concept plan and documentation attached hereto and incorporated herein by reference as Exbabit A for the entire Planned Development 173 (PD-173) Zoning Dismet Classfficatlon and Use Designation to allow for the dnlhng, completing, operating, reworking, recompletmg, and producing of natural gas, subject to the following condlUons, 1 Lighting on the property shall be designed and mtunttuned so as not to sbane on or otherwise disturb surrounding residential propetrty or to shine and project upward to prevent the diffusion into the mght sky 2 Trees planted m the Outdoor Recreation, ParPang, Gas Parks and strect/ngh-of-way land use areas will count towards the tree-plantmg requirements of the Residential, Neighborhood Services and Community Service land use areas 37 3 All conrht~ons and requirements in Exhibit A SECTION 2 The prowslons of thru ordinance as they apply to the amendments herein approved, shall govern and control over any conflmtmg prowmons of Ordinance No 99-265, but all the provisions of Ordinance No 99-265 as it applies to the regulations of the district not hereto amended, shall continue in force and effect and shall apply to the remmnder of smd district SECTION 3 A copy of tlus ordinance shall be attached to Ordinance No 99-265 showing thc amendment herein approved SECTION 4 Any person molatlng any provision of flus ordinance shall, upon convlctlon,,be fined a sum not exceeding $2,000 00 Each day that a provm~on of thru ordinance ~s violated shall eonstatute a separate and distract offense SECTION 5 Tbas ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of ttus ordinance to be pubhshed twice in the Denton Record Chromcle, official newspaper of the City of Denton, Texas, wltban ten (10) days of the date of its passage PASSED AND APPROVED ttus the _ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS[ CITY SECRETARY BY APPROVED AS TO LEGAL FORIVl HBRBERT L PROUTY, CITY ATTORNEY 35 EXHIBIT A ,_.. ~O'~d-NOI$1A~i ~ cc 39 ' ~,..~ P R 0 P 0 S E D P D Z 0 N I N G Dez,e/ojmte tt P, eglt[at]0 t RESIDENTIAL USES -- The SI'i (Single Immh Luxun), ' I t"> U C - ~~ SI~I~ (Single I.almls lhctm~.r~.), and SI.C (Single 1,uml', Casfla) catego 'Flus commmuty I~ emasmned to nes pemut tim following l,'md uses 'be a 'au.xed use" restdentt.'d de', el- . Single Fmml3 D~scllmg-Dctachcd opment that allm~s a ~ anet) of lmtd · Conanmut) Umt De'~ elopment uses flint support the pnmanlx rest- · Clnn.chorRectoD ~. ~ dentrol m~d recreanonal Im~d uses · Occasmnal ~lalcs ~ The dexelopment of these land . Park~,l{ecre.mon, mtdOpenSp'~cc use~ ,nail re~pond to current and uses £mm ,narket demm~ds mid ensm'e Acccsso,3 Bt,,ldmgs compaubthn of 1.'md uses through Ele~tncal Substahon creame pl,'ummg Tins Planned ElecmcalTnmsnumon Fac,hUes Dexelopment Dtstnct will alloxx the Fmld or Consmtcnon Office F, re Stanon or Pubhc Safer) Factht) follomng l,'md use categories Gas Trmxs,msmon Line Gm Park SFL - Single bmmls Luxm'~ Home Occupanm~ SI' P -- Single I'mmh Premm~ e OffStreet Remote Parlm~g SI'C - Single I anuh Castt'x Mlcrowa~cTmscr SI''X -- Single I'mmh Villa Swmmm~gPool .MI.2 -- 5hdti Fmmlx qhxo TdephoneSw~tclm~gorRela~ Sta NS - Neighborhood Senace nonorLmcs CS - Commmun qen'~ce · Water Well, Resenon-, or Pmnp- OR - Outdoor Ret~eal~on mgStanon P - P;u'kmg · Golf Cmn-sc · Stable:,located no closer fl~m~ 900 GP -- Ga~ Park feet from the nearest res~dennfl Swnn or Temm Club · Temporar) Uses Related m Con ~mtcnon or Development It u intended that tlns Planned · Sew'agelhm~pmgStaaons De.,elopment D~stnct droll penmt · %Valer Booster Smnons the follomng uses for each l.'md use ' Farm and Rmmh, for thc ptmposc category ~denufied m tlns docu- ofnu~mgzram, hor~esm~d/orcanle REVISION- P & D 40, Submmed Jm~e ~8, ~ ~ ,P R 0 P 0 S E D P D Z 0 N I N G The SFV (Single l"mmh Vfil,O cat- The MI 2 (Muln ego~ penmts the follo~m~g land ego~, permits the follo~m~g land * T~o FmcS) ~e~g--Anachcd * Mtflnplc FmcS) D~c~xgor Ap~ ~ Coll~lltU g~ ~ut De~ elopment mcnt * Cht~cl~ or Recto~ * T~o FmcS) Dwe~g-A~ad~ed . Occ~onfl Sties · Conuntu.~ ~ntcr * p~,Recxe~on, m~d Open Space · Ins~nmon~ . Acccsso~ B~fl~gs · ~t~smg Home, R~s~&nt~ Home, . ~ecmc~ Sub~ta~on ~tcndcfl C~e for flxe Aged . ~ecmcflT~sn.ss~onFa~es · hbr~ . F~dd or ConsmtcUon O~cc Conmnnu~ Center . F~ Sta~on or ~bhc Sffe~ Fac~ Se~"a~e ~unpmg Stauon * G~ Trm~snussmn ~e Connnerafl P~g * O~ P~k ~nm~tuu~ 1 mtDc~dopmcnt * Home Occx~panon Ch~ch or Reao~ * OffS~eetRemote P~g Occm~onfl Sties * Mt~o~n~ c To~r P~, Re.ca,os, m~d Opa~ Space * S~mm~m~gPod Use~ * Telephone Smtdm~g or Rela) Sta AccessoD ~on or ~cs * ~ccmc~ Subst~on %Vmer %Ve~, Resen o~, or ~un~ ~ecmcfl Tr~tmu~on Fa~nes mg S~on * Fldd or Cona~tc~on O~ce . Go~ ~c F~c ~mnon or * S~mn or Temus Club Ga~ Trmmma~on ~e * Tmnpor~ U~es Rela~ed lo Con Gas Pink ~lC~Oll or D~% c]Oplll~llt HolllC Oc~xpanon . S~mge~unpmgSmuons OffS~eet Remote P~g . %Vmer Booster Stauons M~mmmve Tower . F~n m~d Rm~ch, for flxc pt~osc Sssm,mm~g Pool of~smg ~,bor~es mlWor c~e Telephone Ss~tdm~g or Rda) S . Stables located no closer fl~m{ ~ non or ~es feet from fl~e newest rcs~denUfl · Water %Veil, Rcscno~, or s~c~c mg Sta~on * Go~ Co~rse * S~mn or Tcmus Club * Tem~n~ Uses Relaed to Con Hotel Finn mxd Ranch, for rite p~se of~sm$ ~1, hoses m~or ~e Stables located no closer feet ~roln ~le newest re~den~ Subuuucd Jtm¢ 28 2001 i~~~) o R 0 P 0 S E D P D Z 0 N I N G The NS (Ne~ghbmhood Serx~ce) · %%aterRescnow,\VatcrPmupmg category penmts the follo~m~g lm~d Stolon or%% e~ XVatcr Treammnt Plmxt ~tut~ Club Go~ Cot~c · ~imnmuq Umt Dcx clopmcnt $~n or Tcmus club · ~ O~eq or~t~etan Aoto ~tul~ · Chtwch or Rcctoq O~ohic Semcc Stahon · ~atc School · Colmn~u~ Center P~g ~t · ~nergen~ Mc~c~ Cme ~i~qtlc Shop · ~m~ons of Rch~ot~ or PIMmt B~eq ~, ' Cdctcna fl~op~c Na~e Clemmxg m~d ~essn~ Shop mtd Ntwsmg Home, Residents Home, ~xa~ldcd C~c for flxc ~cd · ~tom Person~ Se~acc · ~br~ DrapeD, ~ ce~c~ork or %Vemm~g · Occas~onM S~es · Rccrea~on, P~k Fac~% or Opcn Shop ~onst Space Hm~&cr~t Shop Accessoq · Professton~ ~ld A&lmustranxc · Conuntun~ ~ttcr ~ccs · ~ecmc~Sub~taaonm~dTr~mtm On-Prenuaes m~d Off-Prenusea s~on ~e SMe of Beer, XX~xe m~or ~cohol · Held or Consmlc~on O~ce Sub3cct to State of Tcx~ McohoI · F~e Sta~oll or Snl~ ~lbhc S fie5 ~ld Beverage Conmuss~on Bt~]g , Restat~mxt · O~ T~lSllnSSlOll ~lc or Meter · Rct~ ~tores aid Shops a~St~on * Sm~o for Photo~pher, M~caa ~, · G~ P~k ~s~xs, He'th ~ofesstot~s · Home Oc~lpauon · Off-S~eet Remote P~g ~lmig Shop · ~a~o, Tele~a$1on, or M~o~xe Tempor~ · P~g~t Tower · Re~ ~tatc O~cc · S~w~c ~npmg Stroh * Finn mxd R~xch, for flxe · S~mxm~g Pool of~smg ~, horses mt~or ~c · Telephone B%~mcss O~cc * Stableslocated no closcr · Telephone hnc ~d Exch~lgc, feet from fl~e newest resxdenaM Sx%atclm~ or Rela) Snnc P R 0 P 0 S N G E D P D Z 0 N I The CS (Commumt~ Senice) cat- q]~e OR (Ouidoor egou pernuts the follo~ang land ego~ penmts []~e follo~g lm~d Conumuu~UmtDc~clopmcnt * Cotmmuu~l mtDc~clopnc~ · ~t G~e~ o~ Mosetuu . Occas,on.d S~es · Chinch or Rec~o~ * Pmks, Rc~eaon, m~d ~ Space ~tcSd~ool I scs Boocc B~, Honcs~ocs · Conuumu~ ~nter Sht~cbo~d, Vo~e}~. · ~nergen~ Me&c~ ~c * lcccsso~ B~t~ · h~nmons of Rch~om or PI~m~ * M~[cnmlcc Fa~cs ~ Gmo fl~op~c Naa~e ~e Senace · N~smg Home, Residents Home, * ~ecmc~ Substauon ~x~cndcd C~c for fl~c Aged ~ccmc~ T~mms~oo Fa~s · ~br~ * Fseld or ~ns~cUon O~ce · Occasion~ S~es Gas Tm~mu.~ou ~e cr $[eIer · Rc~caaon, P~L Fa~ or Opcn mg Staaon Space * Gas · Accesso~ Bt~g * Off s~eet Remo~e P~4 · ~ll~llt~ ~ntcr * ~hcrox~cTowcr · ~mc~ Stl~Staou mldTrasn~s- · S~m~m~ ~ool s~on ~le Telephone S~ntdm~g orRel~ Sm · F~cld or Consm~cUon Office uon or ~lcs F~ Simon or Snl~ ~bhc S~e~ Sc~ge ~unpmg Stauon Bt~lg %% ater Resen o~, · G~ T~lsuass~on ~c or Meter- StaUon or%% c~ u~ Stroh Cotm~ Club · G~ P~k Gog Corse · Home Oc~pa~on Sxx~n or Temus Club · Off-S~et Remote P~ P~lg~t · ~n&o, Tele~as~on, or M~oxm~ e B~eD, ~e[ena, or Re~t~t Tower ~onst · S~ ~unpu~ Stroh Hml&c~t Shop · S~eTreamient Plm~t ~&~mas~xe O~ces · Sxmm~m~gPool He~d~ Fa~cs · Tdephone~e, Kxd~m~e,S~ntch OnPreuuses m~d Off~e~mses u~ or Rela} Sta~on S~e of Beer, X%%~e m~&'or · Water Rose.ow, %Vatcr ~uupmg * Rct~ ~torcs or Shops Stanon or %%re~ Sm~os for ~sm · %VaterTream~entPlm~t Tempor~ Lses · ~mx~ Chub * Finn mid ~di, for fl~c p~osc · F~n mid l~tch, for fl~e pt~se ofmsmg~,bo~es~ld or~e of~smg~x, hones m~or ~e Stables locmed no closer ~ · Stablcs located no closer flim~ 2~- fcct from flxc nc~cst feet from flxe newest res~den~ sm~cnwe "lite P (l~,ukmg} category penmt~ been surveyed so a plat ~ath the follo~nng lm~d uses their approxm~ate locations ~all ha~e to be anached to fl~e * I{VP~g amendment submitted b) * P~g~t Robson to ~e Ct~ of Denton * ~eld or Consmlc~on O~ce , Accessoq B~t~ ~} Btuld m~d consm~ct plpehnes . ~ecmcM Subs{~on m~d T~mms- stonFa~Ues 3} Build roa~ for access of m- . Gas THulsllnssloll ~le or Mcter- ugStaaon ~ess mid e~ess folly gas ~ells . Gm P~k . Off-S~eet Remote P~g 4~ Cons~ct s~face fac~ht:es nec- . ~o~e, Tele~as:on, or Ra&o essan for ~e operation and Tosser producuon of ~ ~ ells mclud- . Telephone S~ntclmxgorRela5 Sta- mg uellheads, compressors, non or~es fences, tmlk baaenes, sep~a- . ~ ~unpmg Staaon to~, mete~ ele~cM hnes m~d . XV~¢r Re~en o~, Water ~npmg mx) off,er nomlM mid custom- Stanon or ~' fac~hnes necess~ for the . Tempor~ I scs prudent op~t:on of a ~ell . Finn mid ~ch, for flxe pt~ose of mag ~x, horses mxffor came * Stables located no closer flimi 200-5~ P~k m~d ~en S~ce huprox e- 6} No ~e~ heads shMl be drilled The GP (Gas P~k) catego~ per- m the floo~lm mits the follo~g lmxd uses m~d acmattes 7~ The pmc:~ ~er sot~ce for the dnlhng and fracturing of . 15-~0 Gas P~k sites the ~e~ s~ be from on-site . Tempor~ Lses producuon g elis m order to . Gas Tnusnms~on hne or Me- reduce or e~m~e heaw ha~fl- tenng Station mg loa& on m~ adjacent pub- . ~1 actixa0es ~oc:ated ~ath the hc roa& dexelopment m~d operation of ~s ~ells as fogo~s 1) Drill, complete, operate, re- ~ ork, recomplete mid produce m~) gas (mclu~g ~1 ~es, hq- tud hydroc~bons m~d their re- specu~e cons~a~eut elements) ~e~s located on mxy of file pre- detenmned s~ace lo~ons or pads These pads ha~e not ~et 44 s~m,.~ Jtme 28, 2~1 ~~'~ Zoning Ordinance RequLrements proposed d~xelhog rants more thru! PAP, KING LOT AND SPACE a $% increase from file approxed KEQUIB, EMENTS plan, increase fl~e floor4~ m- ~o, size ofstnlch~e, hel~lt, lot cox- Section 35-801 Vehicle Park- emge or number of stones or braid- mg Regulations rags so as to be pnt of~mphm~ce of tile reqmrements of thls PD 18) Ooe space for exe~ ~50 sq fi Ordinance, reduce lo~ )ard, or of fl~r area, due to the number space size, dege~e fl~e mnotmt of ofgoffc~ts used for t~lspo~atlon rc(lturcd off-s~eet p~g spa~s ~ ~/ approxed b) tins PD Zoning (e)(4)d There ~s no maxmmm change ~es 0fbtul&n~ setback, proxmnty requirement betxxccn s~ect access points ff ~t con~c~ fl~e b~g m~d fl~e p~ng spaces fl~e t~c report, or lots mfless ~t u due to fl~e campus s~ le of des el a density chmige sxathm the De- opment m tlns project tmled Plan ~ea, or ll~case den- m~, to no more fl~ma 5%offlae de- ~ect~on 35-328 Noase and tml approxed on the on~n~ De- Odor tmled Phm, d~mige ~c pa~ems ff fl~e change ~s m con'ct xxaOa the ~ie fo~os~ang odor ennmng land tr~c repo~ or ~ter b~c relation- t~es ~e pemu~ed m flus P D may slnp of file proposed dexelopment ~es mat relate to x~ter m~d sexxer to adjacent propemes ~eam~ent m~d assocmted ptunpmg ~d p,pmg facflmes, ma) acmaUes l~ns sxall apph to Sec~oo ~176 ~sooated ssath file GP (Gas P~k) as ~ell l~ad me m~d facahUes P D Z 0 N I N G Landscape Ordinance Requirements The Crt3 of Deaton ordinance categories shox~a~ on the Concep- number 98-100 d~aes the level of tual Master Plm~ Acreage m the mandator~ lan&cape m~proxe- 'OR" OutdoorRecreahon m~d ments mxd prese~uon Robson P~hng Streets m~d ROW lmid use Commtlllltle$ mmdates a certmn categones are exempt from the 15 lexeloflm&ca~e~fl~m~cementsto trees-per-acre requ:rement, but ensure fl:e succes, of fl:err projects trees plm~ted fl~erem ~nll apply to Robson Rm~d~ w~ re~ond to the the totM ~ee c~ctflaUon in 0lc or&nm~ce m the t~o~nng rammer ~ S~ m~d "CS' lm~d nsc categories for th~s pro~ect ~) ~d Reqturements ~TIGLE I GE~K~ a) Plm~mig ~ea - Due to file tensile mnount of golf coune and Section 81-~ AppltcaMhty open space on fins proaect exceeds ~ 6% office ~oss ~ea, 1) An aerial pb~to~ph ~nll be ~ reqrurement Is saUsfied of e~stmg ~ee co~r ~us s~te has mmm~al e~stmg ~ees, so a tre~ ~TIGLE III L~DSG~E m~enton ~s not ~ph~ble L~nd- KEQUIKEMENTS scape plans ~all not be required prior to cle~ng md ~&ng, due Section ~1-7 Specific Land to the lack ot~ee :o~er on tim s~te scape Area Requ~remems 1) P~Mng I~t Sc~eemng m~d I.md- ~GLE II T~ ~D L.~D scapmg- Robson Ranch ~all ad PKOVISION5 here to the Penmeler Screening secUon as it reads "~sibl~ from ~ecUon 81-~ General Pro~l- oubhenuht of~av~ and ~thm fi~e s~ons Into&ed (500) feet otpnbhc nght- of-~ay as long as this screening 1) Tree Req~ur~enm does not deter from the ~as~bll~ of the btul&ngs ~aflm~ the complex a) ] r~es - Robson Rmid~ shill pr~ ~lnch ~s part of smd paring lot ~de trees at a nn~ o[ 15 Uees-per- Inte~retaUon of dm secUon ~1 be acr~, ~nfl~ 5~ ~g sm~er thm~ decided during De~afled Plan re- fl~e (~) fl~ree-mch c~per reqture- ment but not less &m~ 1 1 ~. c~- per, for onl~ fl~e'R' Res~denual, ~) Outdoor Storage Screening - ~NS' Neighborhood Sen~ce, and Robson Rm~ch ~1 oomph 'CS' Co~mmuu~ Sera.ce lm~d use 46 Subnn.ed Jm~e 28, 2001 Robson will comply w~th ihe Parks and Open Space Requirements m~d is currently fin~zu~g an Agree- merit w~th the Parks 1)~rector re- garding credits to be generated from contribution of land and ser The floodpl,'un ,'u'eas on this project are pnvatel) mmntmned aaxd s~all not be dedicated to the Caty of Gas Park sites ~11 be included m the Park axed Open Space mnem- taes for fl~s project The number of Gas Parks may xary bemeen 15 20 locataons 47 Submmed Jtme 28 ~001