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Home My WebLink AboutAugust 20, 2002 AgendaAgenda 02-027 08/20/02 AGENDA CITY OF DENTON CITY COUNCIL August 20, 2002 After determining that a quorum is present, the City Council will convene in a Work Session on Tuesday, August 20, 2002 at 4:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of August 20, 2002. The City Council will attend a reception for Board and Commission members at 4:30 p.m. in the Council Work Session Room at City Hall. The City Council will convene in the Council Chambers at 6:00 p.m. to consider approval of a resolution of appreciation for retiring Board/Commission members. Regular Meeting of the City of Denton City Council on Tuesday, August 20, 2002 at 6:30 p.m. in the Council Chambers at City Hall, at which the following items will be considered: Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag -- i pledge allegiance to thee, Texas, one and indivisible." PROCLAMATIONS/PRESENTATIONS 2. m. Proclamations Yard- o f- the- Month Awards "Sister Cities international 2001 innovation Award in Municipal Cooperation" between the City of Denton Texas and San Nicolas de los Garza N.L. Mexico. Presentation to the City of Denton of the Government Finance Officers Association Distinguished Budget Award for the Fiscal Year 2001-2002 Budget. 5. Recognition of staff accomplishments. CITIZEN REPORTS 6. Dessie Goodson regarding the City of Denton public transportation system. 7. Ross Melton regarding Code Enforcement, the lawyers and the budget. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda items 8-20). This listing is provided on the Consent Agenda to City of Denton City Council Agenda August 20, 2002 Page 2 allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. if no items are pulled, Consent Agenda items 8-20 below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the fa'st items following approval of the Consent Agenda. Consider approval of the minutes of July 16, 2002, July 23, 2002, August 6, 2002, and August 8, 2002. Consider adoption of an ordinance authorizing the City Manager, or his designee, to file an application, execute grants, and subsequent amendments with the U.S. Department of Transportation Federal Transit Administration and the Texas Department of Transportation for grants authorized by 49 U.S.C. §5307, and other applicable laws; and providing an effective date. 10. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute Change Order Number Five to the contract between the City of Denton, Texas and Archer Western Contractors, Ltd.; providing for an increase in the scope of work and an increase in payment amount; providing for the expenditure of funds therefore; and providing an effective date [Ordinance No. 2001-192; Bid No. 2612 - Lake Ray Roberts 20 MGD Water Treatment Plant awarded to Archer Western Contractors, Ltd. in the amount of $35,785,257; said contract amount being increased by Change Order No. Four to be a revised contract amount of $36,791,883.31; plus Change Order Number Five in the amount not to exceed $57,110.55 for additional security measures and equipment; Change Order No. Five will be paid from finds within the existing contract (Allowance BB)]. 11. Consider adoption of an ordinance establishing an intedocal Agreement between the City of Denton and City of Fort Worth providing for Fire Mutual Aid pursuant to the authority granted and in compliance with the provisions of the Texas Government Code, Chapter 791, the "interlocal Cooperation Act." 12. Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement between the City of Denton and University of North Texas to provide for motor carder passenger service for UNT students, staff and faculty; and providing for an effective date. 13. Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement between the City of Denton and Texas Woman's University to provide for motor carder passenger service for TWU students, staff and faculty; and providing for an effective date. 14. Consider an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the DENCO Area 9-1-1 District for the purpose of establishing the Denton Police Department as the primary Public Safety Answering Point (PSAP) within the DENCO Enhanced 9-1-1 System; and providing for an effective date. 15. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a Tractor Loader/Backhoe; providing for the expenditure of funds therefore; and providing an effective date (Bid 2786 - Earthmoving Equipment item 4 awarded to RDO Equipment in the amount of $78,973). City of Denton City Council Agenda August 20, 2002 Page 3 16. Consider adoption of an ordinance of the City of Denton, Texas authorizing an additional expenditure of $1,191,871.00 for outdoor aquatic facilities associated with the Interlocal Agreement between the City of Denton and Denton Independent School District for the construction of an aquatic center; and providing an effective date. 17. Consider granting a special permit to the Denton Independent School District and its contractors pursuant to the City's Noise Ordinance, Section 20-1 of the Code of Ordinances of the City of Denton, Texas, for extended hours of operations for construction activities for the proposed Aquatic Center located adjacent and west of Sherman Drive and north of Loop 288 in the City of Denton; and providing an effective date. 18. Consider approval of a resolution requesting that the Texas Municipal League support beneficial amendments to the Texas Transportation Code provisions concerning coordinated county transportation authorities; and providing an effective date. 19. Consider approval of a resolution requesting the Texas Municipal League to support beneficial amendments to Chapter 351 of the Texas Tax Code clarifying the use of hotel/motel tax funds; and providing an effective date. 20. Consider approval of a resolution of the City of Denton City Council requesting the Texas Municipal League to support legislation that authorizes the Govemor's Division of Emergency Management to provide technical and financial tools to assist municipal governments with implementing emergency management plans and services; and providing for an effective date. INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 21. Consider adoption of an ordinance on second reading to voluntarily annex approximately 345.5 acres of land generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of Denton extraterritorial jurisdiction (ETJ). The Planning and Zoning Commission recommends approval (6-0). (A02-O00O 22. Hold a public heating and consider adoption of an ordinance zoning approximately 345.5 acres of land to a Neighborhood Residential 1 (NR-1) zoning district. The site is generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of Denton extraterritorial jurisdiction (ET J). The Planning and Zoning Commission recommends approval (6-0). (Z02-0032) 23. Hold a public heating and consider adoption of an ordinance amending Ordinance 99- 439, regarding a Comprehensive Plan Amendment, from Neighborhood Centers land use designation to Community Mixed Use Centers land use designation. The area for amendment encompasses approximately 57.1 acres. The site is generally located north of Loop 288, east of Bonnie Brae, and west of Locust. A grocery store and "medium to big box" commercial activity are proposed in the area for amendment, which is part of a larger development containing residential, commercial, and civic uses. The Planning and Zoning Commission recommends that a maximum of 40 acres be amended to Community Mixed Use Centers (5-1). (CA02-0003) City of Denton City Council Agenda August 20, 2002 Page 4 24. Hold a public heating and consider adoption of an ordinance rezoning multiple parcels totaling approximately 750 acres from Neighborhood Residential 1 (NR- 1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), and Neighborhood Residential Mixed-Use (NRMU) zoning districts to Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), Neighborhood Residential Mixed-Use (NRMU), and Community Mixed- Use General (CM-G) zoning districts. The property is generally located north of Loop 288, east of Bonnie Brae, and west of Locust Street. Single-family dwelling units, multi- family dwelling units, commercial development, and civic uses are proposed. The Planning and Zoning Commission recommends approval (6-0) with a maximum of 40 acres of Community Mixed-Use General (CM-G) and an additional 17.1 acres of Neighborhood Residential Mixed-Use (NRMU). (Z02-002 7) 25. Hold a public hearing and consider a Specific Use permit for approximately 2.9 acres. The site is in a Downtown Commercial General (DC-G) zoning district. The subject property is located at the southeast comer of Carroll Boulevard and Eagle Drive. A convenience store and gas station is proposed. The Planning and Zoning Commission recommends approval (6-0). (Z02-0029) 26. Hold a public hearing and receive citizen input on the 2002-03 proposed budget. ITEMS FOR INDIVIDUAL CONSIDERATION 27. Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on November 5, 2002 for the purpose of determining whether a local sales and use tax will be adopted in I~nton, Texas at the rate of one-fourth of one-percent to provide revenue for the maintenance and repair of municipal streets; designating a voting place and appointing election officials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing an effective date. 28. Receive a report, hold a discussion, and give staff direction regarding the 2002-03 proposed budget. 29. Consider adoption of an ordinance on second reading amending the existing Gas Franchise between the City and TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's rights-of-way; providing for acceptance by TXU Gas Company; funding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. 30. Consider adoption of an ordinance on second reading amending the existing Electric Franchise between the City and Oncor Electric Delivery Company, to provide for a different consideration; providing for acceptance by Oncor Electric Delivery Company; funding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. City of Denton City Council Agenda August 20, 2002 Page 5 31. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. 32. items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda 33. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 34. Official Action on Closed Meeting item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE i certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of ,2002 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS iN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE iNTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Agenda 02-027 08/20/02 #8 CITY OF DENTON CITY COUNCIL MINUTES July 16, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 16, 2002 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, and Phillips. ABSENT: Council Member Redmon 1. The Council received a report and held a discussion regarding the City of Denton Mosquito Control Program. David Hunter reviewed the background of the information presented in the agenda materials. He stated that the City used source reduction and larvacides instead of spraying for the adult mosquito. Source reduction dealt with the elimination of mosquito breeding grounds. Larvacides dealt with the mosquito before it became a biting adult. Consensus of the Council was to continue with the program as currently in progress. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of July 16, 2002. Following the completion of the Work Session, the Council convened in a Closed Meeting to consider the specific items listed below. 1. The Council considered the following in Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 Deliberated the purchase and value of real property, located in the W. Loving Survey, Abstract No. 759 being approximately 0.42 acre, 350 feet north of the intersection of South Locust Street and Eagle Drive, east side of street, within the City and County of Denton, Texas; which acquisition was for a public purpose. (Eagle Drive Drainage) Regular Meeting of the City of Denton City Council on Tuesday, July 16, 2002 at 6:30 p.m. in the Council Chambers at City Hal PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. City of Denton City Council Minutes July 16, 2002 Page 2 PROCLAMATIONS/PRESENTATIONS 2. City Manager Conduffpresented staff accomplishments to the Council. CITIZEN REPORTS 3. Dessie Goodson regarding Code Enforcement and City ordinances. Ms. Goodson stated that city ordinances should be applied to everyone and not to a select few. She knew the rules of the Council and did not have to be reminded by the officer on duty at the Chambers. 4. Ross Melton regarding the lawsuit of Ross Melton vs. the City of Denton, Code Enforcement, and the lawyers. Mr. Melton stated that he was still having a problem with his lawsuit against the City. Code Enforcement was still in violation by trespassing in his backyard to look for violations. CONSENT AGENDA McNeill motioned, Fulton seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded tmanimously. 5. Approved the minutes of June 4, June 11, and June 18, 2002. 6. NO. R2002-025 A RESOLUTION APPROVING THE FISCAL YEAR 200 FINANCIAL PLAN OF THE DENCO AREA ¢ 1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-206 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE AMERICAN RED CROSS OF DENTON REGARDING THE IMPLEMENTATION OF AN EMERGENCY EVACUATION PLAN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. NO. R2002-026 A RESOLUTION PROVIDING FOR THE APPROVAL OF THE SERVICE PLAN AND PROPOSED TAX RATE AS PREVIOUSLY APPROVED BY THE DENTON ½¬Ã]Y/2»ÈN¾ðôÛÔ±Eºµþ¦v¶ÿ±E€R½6^/†¦°kMèN‹W´æöâ>{¶èTÏÃïDá?‰“¿>Ä.“/LÛb—0‚”#œ Ë¥ß#.ÿo¯ËKZ)n\A:ùQáþœ”¯¦ñ”|§'Ì@k è"Ôœ*xë2"k)!²^§n¸n–hï7l©} ùbkÙóM&È ºÿñÏL†Ð„S"_M Lœ÷ñB®àWTÖ’YÚYJñ*€M98²ð#Œbe@Á…BLca0øýf$&¡ä-0¢LgAÌÙßï(|D [ä[Z‹cÂ7MT` ÕQ@bd$£¨Á@Ù’i[^â0¢a£YÂObŒUanYVOoåØDÍ0Ã&nÁ`L{¡MctÅ§f‚…‚¹"/¨É? j©Y¸¸ ÏºhÅ(ñõ¾•ki äëäé—kœñxÍd¥b8?¢ï@cÎHÈ0êtJÐPXòâñà2ÊÔÈ‡qè°òõº¬«¾«ºDXËì1/geaÉ‘'üU±‘\6£ËÀ1K‚ñÎˆwè¬òÄç/KdÇ¢€a}m{iÀ ž9dì6¹ÚÚ¼"RÜ•K.,oõøœÇxJäíH&Òb÷<ØÔ7GÑOC#)ÄîpVM¡$Ç#kK|O_†È—0†“pbGTËu_vJ¸Í@ædIý@±gDÄ$1|9A\/7±™ñ’M}\=:Ð“„^J'¶š«beB&î"±í²{g[-‹½^Ñ4oø×mê=…§9©ß»þºö¿,0—ó‹Ÿ±ž²“©œ0?ÜKƒ'¬÷æ®*Ñ¥µ‘÷±º8©°±Yõùñüû£¤ÿÄnªO–ŠãB µjqÒ#¹€ñ€/ëQÂÃì˜))pÆZhâ¸dnyŠCÈi‰ËÀsnžûÜf2ŠEEw—]„ \®Z©f«R¢jtÌÛ’\W×ËwìÐþ–Ø1GÅW-Åød:ÉŸs—@(;Æ¨Í»+Ì Ì"á³˜X,!VÍÙqJÅ%p‡}>Ec&Ç_,XPÅ±´0o6^Ü~ˆo[—IÆx0#Çè)RÐlc3Ó£qÐQâ%"0G,>µPp‰Be!%€îÔavVmÃ¢°xµX×IntW""}„[0\¬l¬T†0X[j‡Œ‘·ÊÄ’28B¥&’å¼TTÞÃî¡~äÕ™ÖGå‘UfÎÏé}ÀÚ¬ÌC›5U5B^JWbUat MÛLÂ$ÿõªÛŽŸ’ƒƒ‘„-2æH&Ö,'ˆ~@M\¥†Ã.®B(Ï”ŠæN¨[rÊÃYË)EcPd[7¬ÙªÓ¤+Š‚¯nNùÓ;F.ü*½k‚±¦ùêCŽy{k iÆ‰‡Ø%éI72jG·ÑùàU»‚˜Â¨™.]ã}û¼%—œÔDk.§«¯•’õ{ÒÍz’[MÎq ùùÎ›qŽ†qfYùrk–qˆ$ÖEÏ²9õ3Ö¸Œk–qö²Á’ª·J®FKÇÁœÿeâ¨å;Ë ÌÑæ’õýÿ’Ëö /CÒ¼\2óDÁ˜·}ß•}Í¶ŸVÝ•ìëšl˜DxOO›žökÛOØ»àÕÛlž¢µÛdæØÃz÷ŸÞ•ŸßN×÷r÷Ÿ·]Ý[_}}[ ùÕß[]}Ÿ_Ýß[]õU÷ñ0ƒßåÅç`’}§k²Þv÷¾¥ª¿³¼¼®ž`³kdä²Ý¶ûvÕð¤¸ã®¤±ß ˆ¿·è·¥3¸ß·³¹¶«±òõ²©ð´XW¾ÈdÉÑºg¿¼ª«²ƒpÚ…º‹YaûÝž—ß¹·¸ß®·«f#¶¹^Â¼±«(j¨áÏØ‡¥½º1RÂ±°ÑOãhäßÂ¸?-mÜa˜ß¯í°ô}®}ª>«6¼´/:+v•yL¹ºšº²²¹«ò?µ»Îß¹²º}.z¦>Œß»º¯¾«²êã+:xª-O¬¾±¬¯°íª¾Ó °UÞ¾«º»ßj<¾3°½ºòõËûÕ]Ë€Pßª³¾«&¥¸ßÄ¹?¢÷ßü±¨»-¨®²±±Û´©ß’“î*•õ¡«¼Û¾«Þë÷ºþ³õµ °O¤«±&¿o-ß]¬¯°«Ä«‘ºÁ´º¼·¾µëQÙþëß»Ñ¨Z=ë©zL¾«º¹ó*ïþ=›ùõÒ.º°ÑÿdÏéV¡!s;Iûõ>Ý°Üü»&§´´Þ¤ÿÀ·˜Ï=§E— b+4ÖpÐ™+IQ·>³ôSº@Þ«˜_¸'¸¶ªº’û¼³¿»¸²Úõ° [°ß1ªø½*¯ß`¯’M)©Ÿšv"³ƒ?<‹ö={š«#ý£%¸ÿæ¬ÿ™ñõ’2‹µòg(3{¾:(¾–M¾ºýÂk+cÓU=·ÛìS¤ 6d»º÷µsÿÆeËò¬}i4¢óÔšñyUñœX®Üº0©ò¹pî±½Çï²ßê3§„¿+¶œ\¦¯¸O²Àç’ö©‚*8.ê)ŽO0¸ÏåÖÝ°“V8Gò½|+¹¢ßAä¼õ$ûA¸“M’i”Ð$1k8‰¶r š×„ðd™¶'ºªy¼÷èòfùÏôíº¶q=.V¸,Œ City of Denton City Council Minutes July 16, 2002 Page 4 ORDER ONE AWARDED TO SENECA CONTRACTING INC. IN THE AMOUNT OF $212,673). 15. NO. 2002-211 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND SENECA CONTRACTING, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2690 - NORTH LAKES PARK SOCCER RESTROOM/CONCESSiON BUILDING CHANGE ORDER ONE AWARDED TO SENECA CONTRACTING INC. IN THE AMOUNT OF $32,582.35). 16. NO. 2002-212 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF A PUBLIC HEALTH AND SAFETY VEHICLE REPLACEMENT IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTiVE DATE (PURCHASE ORDER 105580 TO PRESTIGE FORD IN THE AMOUNT OF $29,379). 17. NO. 2002-213 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF A REMOUNT ON A NEW CHASSIS FOR AN AMBULANCE (FD9967) IN ACCORDANCE WiTH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETiTiVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 105701 TO JACK ROACH FORD IN THE AMOUNT OF $40,000). 18. NO. 2002-214 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE HWY 380 WATER AND SEWER RELOCATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BiD 2840 - HWY 380 WATER AND SEWER RELOCATION AWARDED TO TEXAS ELECTRIC UTILITY CONSTRUCTION, INC. IN THE AMOUNT OF $1,313,483.95). 19. NO. 2002-215 AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SPENCER SWITCH STATION SITE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BiD 2866 - SPENCER SWITCH SiTE WORK AWARDED TO CAN-FER CONSTRUCTION COMPANY iN THE NOT TO EXCEED AMOUNT OF $219,000). City of Denton City Council Minutes July 16, 2002 Page 5 20. 21. 22. 23. 24. NO. 2002-216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE A PUBLIC LIBRARY DATA MANAGEMENT SYSTEM FROM INNOVATIVE INTERFACES INC., A QUALIFIED INFORMATION SERVICES VENDOR (QiSV) OF THE STATE OF TEXAS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (PURCHASE ORDER 105714 AWARDED TO INNOVATIVE INTERFACES, INC. IN THE AMOUNT OF $220,576). NO. 2002-217 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LEGAL ADVERTiSiNG AND NOTICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2869 - CONTRACT FOR LEGAL ADVERTISING AWARDED TO DENTON RECORD CHRONICLE). NO. 2002-218 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL MAINTENANCE CONTRACT FOR CONTINUED SUPPORT AND UPGRADES FOR THE VISiONAIR PUBLIC SAFETY SUITE SOFTWARE PACKAGE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETiTiVE BIDS; AND PROVIDING AN EFFECTiVE DATE (PURCHASE ORDER 105715 AWARDED TO ViSiONAIR IN THE AMOUNT OF $125,000). NO. 2002-219 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SEWER LINE CHEMICAL ROOT CONTROL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTiVE DATE (BiD 2856 - ANNUAL PRICE AGREEMENT FOR SEWER LINE CHEMICAL ROOT CONTROL AWARDED TO DUKE'S SEWER ROOT CONTROL SPECIALISTS IN THE ESTIMATED AMOUNT OF $35,000). NO. 2002-220 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF AN AUTOMATIC METER READING City of Denton City Council Minutes July 16, 2002 Page 6 SYSTEM; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFP 2858 - AUTOMATIC METER READING SYSTEM AWARDED TO iTRON, INC. IN THE AMOUNT OF $86,017). 25. NO. 2002-221 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDED CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF DiCKSTEiN, SHAPIRO, MORIN & OSHINSKY, L.L.P. FOR SERVICES PERTAINING TO THE DENTON MUNICIPAL ELECTRIC DIVESTITURE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 26. NO. 2002-222 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF BOOTH, AHRENS & WERKENTHIN, P.C., A TEXAS PROFESSIONAL CORPORATION. FOR SERVICES PERTAINING TO THE APPLICATION OF THE UPPER TRINITY REGIONAL WATER DISTRICT FOR REUSE OF LAKE CHAPMAN AND LAKE LEWISVILLE WATER, LEGISLATIVE AND REGULATORY MATTERS, AND OTHER RELATED MATTERS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 27. NO. 2002-223 REMOVED FROM THE TABLE AND ADOPTED AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS iN A CLAIM FILED AGAINST THE CITY OF DENTON BY LARK SCHUTTE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE. PUBLIC HEARINGS 28. The Council held a public heating and considered adoption of an ordinance granting approval of a sub-surface use of a portion of the Denton Branch Rail/Trail at milepost 723.9 adjacent to the north side of Loop 288 for the purpose of a public utility easemem in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a public utility easemem; and providing an effective date. Bob Tickner, Superintendem of Parks, reviewed the details of the proposal. The Mayor opened the public heating. No one spoke during the public heating. City of Denton City Council Minutes July 16, 2002 Page 7 The Mayor closed the public heating. The following ordinance was considered: NO. 2002-224 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL AT MILEPOST 723.9 ADJACENT TO THE NORTH SIDE OF LOOP 288 FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, Phillips seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 29. The Council held a public heating and considered adoption of an ordinance granting approval of an off-site sub-surface use of South Lakes Park for the purpose of oil md gas drilling operations in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an oil and gas lease; and providing an effective date. Bob Tickner, Superintendent of Parks, presented the details of the proposal as noted in the agenda materials. The parkland would not be disturbed, as all drilling would be sub-surface. The Mayor opened the public heating. No one spoke during the public heating. The Mayor closed the public heating. The following ordinance was considered: NO. 2002-225 AN ORDINANCE GRANTING APPROVAL OF AN OFF-SITE SUB-SURFACE USE OF SOUTH LAKES PARK FOR THE PURPOSE OF OIL AND GAS DRILLING OPERATIONS IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR AN OIL AND GAS LEASE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. City of Denton City Council Minutes July 16, 2002 Page 8 30. The Council held a public heating and considered adoption of an ordinance amending Chapter 35 "Denton Developmem Code", of the Code of Ordinances of the City of Denton, Texas, to add Conservation Districts to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and distinct character. The Planning and Zoning Commission recommended approval (5-1). (SI02-O00O Julie Glover, Main Street Manager, presented the details of a conservation district. The district would protect neighborhoods that did not qualify for historic district status but had architectural, historic merit and distinct character. The Mayor opened the public heating. The following individuals spoke during the public heating: Bernadette Johansson, 1926 N. Bell, DeNon, 76209 - favor Peggy Capps, 915 West Oak Street, Denton, 76201 - favor Gary Haden, 2106 N. Bell Ave., DeNon, 76209 - favor Bob Ralph, 1717 West Oak, DeNon, 76201 - favor Mike Cochran, 610 West Oak, DeNon, 76201 - favor Commem cards were submitted by the following individuals: James Ogilvy, 2016 Brown Drive, Denton, 76209 - favor Sara Harvey, 312 Marietta, Denton, 76201 - favor Edie Lenaburg, 308 Marietta, Denton, 76201 - favor Carolyn Polliard, 1800 West Oak, Denton, 76201 - favor Kiersten Dieterle and Rick Smith, 1920 North Bell, Denton, 76201 - favor Ellen Ralph, 1717 West. Oak, Denton, 76201 - favor Margaret Neale, 1721 West Oak, Denton, 76201 - favor Steven Ambuehl, 2003 N. Bell, Denton, 76209 - favor Steven Johansson, 1926 N. Bell, Denton, 76209- favor The Mayor closed the public heating. Council discussed the pros and cons of the ordinance and had several questions that staffwould have to research the answers. Burroughs motioned, McNeill seconded to postpone the item until the earliest work session available and to consider the ordinance at the next meeting following the work session discussion. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 31. The Council held a public heating and considered adoption of an ordinance rezoning approximately 18 acres from a Neighborhood Residemial 3 (NR-3) zoning district to a Neighborhood Residemial Mixed Use 12 (NRMU-12) and Neighborhood Residemial 6 (NR-6) zoning districts. The property was generally located west of Bonnie Brae approximately 1,300 feet south of Windsor commonly referred as 2201 and 2205 N. Bonnie Brae. The Planning and Zoning Commission recommended denial (4-2). (Z02-0019) City of Denton City Council Minutes July 16, 2002 Page 9 Doug Powell, Director of Planning required as the Planning and Zoning were in opposition. and Development, stated that Commission and 20% of the a supermajority vote was adjoining property owners The Mayor opened the public heating. The following individuals spoke during the public heating: Sal Baker- favor Johnny Guajardo, 2124 Crestmeadow, DeNon, 76207 - opposed Rudy Moreno, 3608 Marianne Circle, DeNon, 76209 - opposed Connie Ray, 2611 Hutchison Lane, Corinth, 76210 - opposed Charles King, 1215 North Elm, DeNon, 76201 - favor of denial Mike Cochran, 610 West Oak Street, Denton, 76201 - opposed Commem cards were submitted by the following individuals: Michael Tenny, 2407 Hillview, Krum, 76249 - opposed Jan Moran, 1206 Ridgecrest, Denton, 76209 - opposed William Vogel, 211 Second, DeNon, 76201 - opposed Bernie Saffron, 3306 Darby, Denton, 76207 - opposed Ray Twehous, 607 Magnolia, Denton, 76201 - opposed Jane and Richard Leavitt, 1223 Cedar Pine Lane, Oak Poim, 76208 - opposed The Mayor closed the public heating. Burroughs motioned, Phillips seconded to deny the application with the zoning to remain at NR- 3. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 32. The Council held a public heating and considered adoption of an ordinance rezoning approximately 46 acres of land from an Agriculture (A) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The site was generally located on the south side of Blagg Road, approximately 1000' west of Lakeview Boulevard. The rezoning was required to bring property into compliance with the Developmem Code zoning classifications. The Planning and Zoning Commission recommended approval of Neighborhood Residemial 3 (NR-3) (4-1-1). (zo 2-oo l o) Doug Powell, Director of Planning and Developmem, stated that this property was in the process of being annexed into the city during the Developmem Code process. A supermajority vote by Council would be required as there was 20% opposition by adjoining property owners. The Mayor opened the public heating. The following individuals spoke during the public heating: City of Denton City Council Minutes July 16, 2002 Page 10 Eric Jansen, 418 Fox Creek Court, Denton, 76201 - favor Robert Heidler, 3209 Deerfield, Demon, 76208 - favor Lynn Thames, 5533 Blagg Road, Denton, 76208 - opposed Juli and James Mohan, 3991 Blagg Road, Demon, 76208 - opposed Barbara and Mike Giles, 5555 Blagg Road, Demon, 76208 - opposed Wallace Baty, 3387 Blagg Road, Demon, 76208- opposed Rebuttal by Jansen The Mayor closed the public heating. Burroughs motioned, McNeill seconded to adopt NR-3 zoning. On roll vote, Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "nay", Redmon "nay", and Mayor Brock "aye". Motion failed with a 4-3 vote as a supermajority vote was required. Phillips motioned, Fulton seconded to adopt NR-4 zoning. On roll vote, Burroughs "nay", Fulton "aye", McNeill "aye", Montgomery "nay", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion failed with a 4-3 vote as a supermajority vote was required. 33. The Council held a public heating and considered adoption of an ordinance rezoning approximately 1.1 acres of land from the Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning district. The site was generally located west of Hinkle Drive, between Haggard Lane and Greenbriar Street commonly known as 2309 Hinkle Drive. The Planning and Zoning Commission recommended denial (6-0). (Z02- 0025) Doug Powell, Director of Planning and Developmem, presented the details of the proposal. A supermajority vote of the Council was required as the Planning and Zoning Commission had recommended denial. The Mayor opened the public heating. No one spoke during the public heating. The Mayor closed the public heating. Phillips motioned, Fulton seconded to adopt NRMU-12 zoning. On roll vote, Burroughs "nay", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion failed with a 5-2 vote as a supermajority vote was required. ITEMS FOR INDIVIDUAL CONSIDERATION 34. The Council considered approval of a resolution nominating a member to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. McNeill nominated Charles Stafford. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes July 16, 2002 Page 11 Mayor Brock left the meeting with a conflict o£interest. 35. The Council considered approval of a resolution of the City of Denton, Texas, authorizing intervention at the Railroad Commission of Texas in the TXU Lone Star Pipeline request to establish rates, GUD Docket No. 9304; authorizing the hiring of attorneys and consultants; requiting reimbursement of rate case expenses incurred by the City; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. The following resolution was considered: NO. R2002-029 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS IN THE TXU LONE STAR PiPELiNE REQUEST TO ESTABLISH RATES, GUD DOCKET NO. 9304; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING REIMBURSEMENT OF RATE CASE EXPENSES INCURRED BY THE CITY; FiNDiNG THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. McNeill motioned, Montgomery seconded to approve the resolution. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 36. New Business The following items of New Business were suggested by Council for future agendas: Council Member Fulton requested information on the feasibility of a recreation center in NE Denton. Council Member Fulton suggested changing the name of North Elm Street from I35 to the Windsor intersection to Martin Luther King, Jr. Blvd. Mayor Pro Tem Burroughs suggested looking into the possibility of the city paying for voluntary downzoning. Council Member McNeill requested a work session to discuss incentives to develop the downtown area. Council Member Phillips stated that based on findings from the Legal Department, he was withdrawing his request form reconsideration of the limited SUP on Stanley Street. City of Denton City Council Minutes July 16, 2002 Page 12 F. Council Member Redmon requested a clarification on the EOC report. G. Mayor Brock requested a work session on how to put requests electronic system. 37. Items from the City Manager City Manager Conduff did not have any items for Council. into the new 38. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting of the Texas Open Meetings Act. 39. Item(s) under Sections 551.071-551.086 With no further business, the meeting was adjourned at 9:47 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES JULY 23, 2002 After determining that a quorum was present, the City of Denton City Council convened in a Work Session on Tuesday, July 23, 2002 at 12 noon in the City of Denton Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, and Phillips. ABSENT: Council Member Redmon 1. The Council held a discussion and gave staff direction regarding nominations to the city's boards and commissions. Council discussed the history of the process for nominations and appointments to the various boards and commissions. Council reviewed the proposed nominations submitted earlier and made nominations for the remaining vacancies. Council Member Redmon joined the meeting. 2. Council considered the following in Closed Meeting: A. Deliberations regarding personnel m~qtters - Under TEXAS GOVERNMENT CODE Section 551.074 Deliberated and discussed the appointment and the duties of public officers to the Planning and Zoning Commission, Board of Adjustment, and any other board or commission of the City of Denton, Texas exercising discretionary powers as opposed to purely advisory powers. Following the completion of the Close Session, Council convened in Open Session. Consensus of the Council was to place the nominations on the Consent Agenda for the August ~h meeting with each board listed separately in order to be able to consider individual boards if desired. With no further business, the meeting was adjourned at 1:20 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES July 23, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 23, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, and Phillips. ABSENT: Council Member Redmon 1. The Council received a report and held a discussion regarding the council action request system. Robert Hanna, Management Assistant, presented a demonstration on the council action request system. This system was to be used to input citizen concerns and to make requests for information. Council Member Redmon joined the meeting. 2. The Council received a report, held a discussion, and gave staff direction regarding council rules and procedures for public meetings. Robert Hanna, Management Assistant, reviewed the enforcement procedures for Council rules and regulations. 3. The Council received a report, held a discussion and provided staff direction conceming creating an ordinance amending Chapter 35 "Denton Development Code", of the Code of Ordinances of the City of Denton, Texas, to add Conservation Districts to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and distinct character. Julie Glover, Main Street Manager, stated that staff had presented the information Council requested in the agenda information sheet. Council discussed the elements of the proposed ordinance. ordinance were made and discussed by Council. Suggestions for changes in the Mayor Brock suggested the formation of a council subcommittee to review the ordinance and make a recommendation to the full council. The committee could work with the Historic Landmark Commission to help formulate the recommendation. Consensus of the Council was to form the committee. Burroughs volunteered to serve on the committee. Council Members Montgomery and 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of July 23, 2002. Following the completion of the Work Session, the Council convened in a Closed Meeting. City of Denton City Council Minutes July 23, 2002 Page 2 1. The Council considered the following in Closed Meeting: Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 Discussed and considered authorizing the City Attorney's Office to file a response of the City in petition for Special Relief filed by Charter Communications d/b/a Marcus Cable Associates, L.L.C., before the Federal Communications Commission in Washington D.C. and discuss legal issues conceming this petition in a contested administrative proceeding with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, July 23, 2002 at 6:30 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. PROCLAMATIONS/PRESENTATIONS 2. Proclamations Mayor Brock presented a proclamation for the 2002 EDS Boys Junior Golf Tournament. 3. Yard-of-the-Month Awards Mayor Brock presented the July Yard of the Month awards to: Marianne Bays Mike and Brenda Ennis Bob Gilbert Bob and Judy Schietroma Craig and Marla irwin David and Judy Nichols Bill and Monica Moen-Xeriscaped Yard Sunburst Place ii Apartments-Commercial 4. Recognition of staff accomplishments. City Manager Conduffpresented staff accomplishments to the Council. City of Denton City Council Minutes July 23, 2002 Page 3 CITIZEN REPORTS 5. David Wier regarding property on Jim Christal Road and a variance request for horses. Mr. Wier stated he would like some type of variance for his horses at his home or change the distance requirement. He was only 50 feet from the requirement and would like to maintain the horses at his property. There were many places in the city that were not in compliance. He felt the code should be applied evenly throughout the city. 6. Dessie Goodson regarding City of Demon public transportation. Ms. Goodson stated that she was trying to receive Section 8 housing and was continually having problems with the Denton Housing Authority. They kept loosing her applications and making her redo the applications. This was causing delays in getting housing. 7. Ross Melton regarding the lawsuit of Ross Melton vs. the City of Denton, Code Enforcement, and the lawyers. Mr. Melton stated his problems with Code Enforcement continue. CONSENT AGENDA Redmon motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of item #22. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 8. NO. 2002-226 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION FOR SUPPLEMENTAL FUNDING FOR THE ARTS AND JAZZ COMMITTEE FOR THE 2003 DENTON ARTS AND JAZZ FESTIVAL; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2002-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2001-232 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABiLiTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 10. NO. 2002-228 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN iNTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND City of Denton City Council Minutes July 23, 2002 Page 4 UNIVERSITY OF NORTH TEXAS TO PROVIDE A VOLUNTEER COORDINATOR FOR THE DENTON COMMUNITY NETWORK AND TO BUILD A TRAINING PROGRAM FOR VOLUNTEERS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 11. NO. 2002-229 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN iNTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE A FINAL PROJECT EVALUATION FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 12. NO. 2002-230 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN iNTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND NORTH CENTRAL TEXAS COLLEGE (NCTC) TO PROVIDE CLASS TRAINING AND ASSISTANCE TO VOLUNTEER COORDINATOR FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 13. NO. 2002-231 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND KATUNiGAN COMPANY TO PROVIDE SERVICES AS PROJECT MANAGER, WEB DEVELOPMENT, AND CONFIGURATION OF COMPUTER SYSTEMS FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 14. NO. 2002-232 AN ORDINANCE ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROViDiNG FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (BID 2863 - TRUCK BEDS AND BODIES AWARDED TO THE LOWEST RESPONSIBLE BIDDER AS LISTED IN THE TOTAL AMOUNT OF $29,680). 15. NO. 2002-233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PERSONAL SERVICES AGREEMENT ON BEHALF OF THE CITY OF DENTON AND CATHERINE A. TROXLER FOR CONSULTING SERVICES AND SYSTEM ASSISTANCE IN THE FINANCiAL/HUMAN RESOURCE SOFTWARE KNOWN AS JD EDWARDS; AND PROViDiNG FOR AN EFFECTIVE DATE (PERSONAL City of Denton City Council Minutes July 23, 2002 Page 5 SERVICES AGREEMENT WITH CATHERINE A. TROXLER IN THE AMOUNT OF $50,000). 16. NO. 2002-234 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A BEST VALUE PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE DENTON NORTH BRANCH LIBRARY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2819 - DENTON NORTH BRANCH LIBRARY AWARDED TO HARRISON QUALITY CONSTRUCTION, iNC. iN THE AMOUNT OF $2,499,000). 17. NO. 2002-235 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL MAINTENANCE AGREEMENT FOR SOFTWARE USED iN THE CITY OF DENTON PUBLIC LIBRARY SYSTEM WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETiTiVE BIDS; AND PROViDiNG AN EFFECTiVE DATE (TOTAL CONTRACT AMOUNT $30,041.40 - PURCHASE ORDER 105781 TO EPiXTECH, INC. IN THE AMOUNT OF $7,510.35 FOR 4TM QUARTER PAYMENTS). 18. NO. 2002-236 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRANSIT BUSES; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BiD 2867 - TRANSIT BUSES AWARDED TO LASSETER BUS & MOBiLiTY IN THE AMOUNT OF $348,492). 19. TNs item was pulled from consideration. 20. Approved the appointment of three (3) additional Alternate Judges. 21. NO. 2002-237 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN iNTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF NORTH TEXAS PERTAINING TO THE MUTUAL AGREEMENTS OF BOTH PARTIES TO REPAVE A PORTION OF CHESTNUT STREET AND SYCAMORE STREET, BEING STREETS OWNED WITHIN THE CITY; AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF A TRIPARTITE AMENDMENT AND ASSIGNMENT PURSUANT THERETO; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes July 23, 2002 Page 6 23. Approved the appointment of a Deputy City Secretary. ITEMS FOR INDIVIDUAL CONSIDERATION Item #22 was considered. 22. NO. 2002-238 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN EXEMPTION FROM AD VALOREM TAXATION FOR TRAVEL TRAILERS PURSUANT TO TEXAS TAX CODE SECTION 11.142; PROVIDING THAT ADOPTION OF EXEMPTION SHALL BE EFFECTIVE FOR 2002 TAX YEAR; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Redmon motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 24. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Montgomery suggested speed bumps coming into Dallas Drive to warn drivers to slow down coming into the residential section. B. Council Member Redmon requested information regarding the landfill and improvement of cells 25. Items from the City Manager City Manager Conduff did not have any items for Council. 26. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 27. The following official action was taken on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act: Burroughs motioned, McNeill seconded to authorize the City Attorney to file a response to the petition for Special Relief filed by Charter Communications before the Federal Communications Commission in Washington, D. C. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried tmanimously. City of Denton City Council Minutes July 23, 2002 Page 7 With no further business, the meeting was adjourned at 7:10 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 6, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 6, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The Council discussed and gave staff direction on legislative resolutions conceming land use and development, general government, taxation and finance to present to the TML Annual Conference. Dottie Palumbo, Assistant City Attorney, presented three items for Council consideration. The first two resolutions were prepare to present to TML at the October meeting. The third issue was being reviewed by the TML legislative policy committee. Staff needed direction on how much to be involved with the last issue. Consensus of Council was to proceed as recommended, limiting the entities involved to counties, municipalities, and school districts and to panner with other cities as much as possible. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of August 6, 2002. Following the completion of the Work Session, the Council convened in a Closed Meeting to consider the items listed below. 1. The following was considered in Closed Meeting: A. Consultation with Attomey- Under Tex. Gov't Code Section 551.071. Discussed and considered potential litigation conceming the Federal Communications Commission's ruling in FCC 02-77, GN Docket No. 00- 185, CS Docket No. 02-52 that ruled cable modem service was an "information service" and not a "cable modem service" and discussed legal issues conceming this administrative proceeding with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086. Received competitive electric and commercial information from one of the City's Texas Municipal Power Agency ("TMPA") Board Members and/or City Staff pertaining to certain matters respecting present and future maintenance issues, Financial issues, operational issues, legal and compliance issues, and other related issues and strategies conceming the City's interest in, and its business relationship with TMPA; and discuss, City of Denton City Council Minutes August 6, 2002 Page 2 deliberate, consider, and provide such TMPA Board Member and/or Staff with direction regarding such matters. Deliberations regarding personnel matters - Under TEXAS GOVERNMENT CODE Section 551.074 Deliberated and discussed the appointment and the duties of public officers to the Planning and Zoning Commission, Board of Adjustment, and any other board or commission of the City of Denton, Texas exercising discretionary powers as opposed to purely advisory powers. Regular Meeting of the City of Denton City Council on Tuesday, August 6, 2002 at 6:30 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PROCLAMATIONS/PRESENTATIONS Mayor Brock presented proclamations for: A. Commute Solutions Month B. Alfred F. Hurley Week 3. City Manager Conduff presented Council with staff accomplishments. CITIZEN REPORTS 4. Carolyn Phillips regarding homeownership and preserving the African-American heritage in southeast Denton. Ms. Phillips stated her organization was concerned about homeownership for African-Americans in southeast Denton. African-Americans were not qualifying for homeownership and she felt that one of the reasons was the issue of credit. She had provided the Council with a summary of her concerns. 5. Dessie Goodson regarding the City of Denton's Public Transportation funding sources. Ms. Goodson stated she had asked for a public heating on the proposed funding source for public transportation. She was told that a public heating would not be held and that all funding would be used for operational uses. She felt that was not true and questioned the process. 6. Ross Melton regarding the lawsuit of Ross Melton vs. the City of Denton, Code Enforcement, and the lawyers. Mr. Melton again spoke on his lawsuit against the city regarding Code Enforcement and his problems with the city attorneys. City of Denton City Council Minutes August 6, 2002 Page 3 CONSENT AGENDA Mayor Brock stated that item #15, Sections D, i, and M would be pulled for separate consideration. Burroughs motioned, Redmon seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of item #15, Sections D. i and M. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 7. NO. 2002-239 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER NINETEEN TO THE CONTRACT BETWEEN THE CITY OF DENTON AND TRI DAL LTD.; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 2625 - DOWNTOWN IMPROVEMENTS PROJECT CHANGE ORDER NINETEEN iN THE AMOUNT OF $74,280). NO. 2002-240 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON AND TIM BEATTY BUILDERS, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2749 - NEW CENTRAL FiRE STATION CHANGE ORDER TWO IN THE AMOUNT OF $68,286). NO. 2002-241 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTH LAKES PARK PLAYGROUND IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2865 - NORTH LAKES PARK PLAYGROUND IMPROVEMENTS AWARDED TO SIMMONS BUILDERS, INC. IN THE AMOUNT OF $145,139). 10. NO. 2002-242 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SPENCER SWITCH STATION STEEL STRUCTURE AND EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BiD 2868 - SPENCER SWITCH STRUCTURE AND EQUIPMENT AWARDED TO ERNEST P. BREAUX ELECTRICAL, INC. IN AN AMOUNT NOT TO EXCEED $134,000). City of Denton City Council Minutes August 6, 2002 Page 4 11. NO. 2002-243 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TYPE 3 TRANSIT BUSES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BiD 2867 - TRANSIT BUSES AWARDED TO NATIONAL BUS SALES IN THE AMOUNT OF $133,334). 12. NO. R2002-030 A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. 13. Approved a tax refund for the following property taxes: Tax Name Reason Year Amount 14. NO. 2002-244 AN ORDINANCE AMENDING, REPEALING, AND REPLACING ORDINANCE NO. 2000-214 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC. 207-102 OF ARTICLE IV OF CHAPTER 27 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15. Approved appointmems to the following boards and commissions based on the list submitted in the back-up materials: B. C. E. F. G. H. J. K. L. Airport Advisory Board Animal Shelter Advisory Board Community Development Advisory Committee Historic Landmark Commission Human Services Advisory Committee Library Board Parks, Recreation and Beautification Board Public Utilities Board TMPA Traffic Safety Commission 16. NO. 2002-245 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A PARTIAL RELEASE OF COVENANTS AND RESTRICTIONS, TOGETHER WITH ANY AND City of Denton City Council Minutes August 6, 2002 Page 5 ALL ADDITIONAL DOCUMENTS AS IS APPROPRIATE AND AS DEEMED NECESSARY BY THE CITY ATTORNEY, EVIDENCING THE PARTIAL RELEASE, SOLELY BY THE CITY OF DENTON, TEXAS, OF THOSE CERTAIN COVENANTS AND RESTRICTIONS THAT RUN WITH THE LAND AND BURDEN THAT CERTA1N REAL PROPERTY CONVEYED BY THE CITY, ONLY, BY SPECIAL WARRANTY DEED, DATED JANUARY 15, 1988 UNTO FLOW REGIONAL MEDICAL CENTER, INC.; AND PROVIDING AN EFFECTIVE DATE. Council considered Item #15, Sections D, i, and M. Council Member Fulton nominated Larry Calvert to the Construction Advisory and Appeals Board; Cliff Reding to the Zoning Board of Adjustment and George Watkins to the Planning and Zoning Commission. Phillips motioned, Fulton seconded to suspend the Council rules and vote on the above nominations at this meeting. Following discussion, Phillips and Fulton withdrew the motion and second. Fulton motioned, Phillips seconded to approve the nominations listed in the backup materials for item #15, Section D, i and M excluding the nominations made at this meeting. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "nay", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion carded with a 5-2 vote. PUBLIC HEARINGS 17. The Council held a public heating inviting citizens to comment on the proposed usage of the 2002 Local Law Enforcement Block Grant funding. The Mayor opened the public heating. No one spoke during the public heating. The Mayor closed the public heating. 18. The Council held a public heating to consider adoption of an ordinance creating a Special Sign District on approximately 54 acres of land in a Regional Center Commercial Downtown (RCC-D) zoning district. The site was located at the southwest comer of Loop 288 and Brinker Road intersection. The proposal was to create a Special Sign District for the entire tract that includes six lots. The Planning and Zoning Commission recommended approval (4-1). (SD02- 0002, Denton Crossing) Larry Reichhart, Assistant Director for Planning and Development, presented the details of the proposal. The Mayor opened the public heating. The following individuals spoke during the public heating: City of Denton City Council Minutes August 6, 2002 Page 6 Kevin Caldwell, applicant - favor Alan Buscell - favor The Mayor closed the public heating. The following ordinance was considered: NO. 2002-246 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT (SD-2) AND APPROVING A SPECIAL SiGN DISTRICT PLAN ON AN APPROXIMATE 54.13 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF LOOP 288 AND SPENCER ROAD IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 19. The Council held a public heating and considered adoption of an ordinance rezoning approximately 37.5 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The site was generally located to the east of Nottingham Drive, south of University Drive and north of Mingo Road. A church sanctuary and educational facility were proposed. The Planning and Zoning Commission recommended approval (6-0). (Z02-0022, Denton Bible Church) Larry Reichhart, Assistant Director of Planning and Development, presented the details of the proposal. The church would like the rezoning to allow for a high school on the site. The Mayor opened the public heating. The following individuals spoke during the public heating: Jerry Falbo, applicant, favor Bob Ralph, 1717 West Oak, Denton, 76201 - neutral Miller Davidge, 101 S. Locust, Denton, 76201 - favor The Mayor closed the public heating. The following ordinance was considered: NO. 2002-247 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESiDENTiAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESiDENTiAL MIXED USE (NRMU) ZONING DISTRICT CLASSiFiCATiON AND USE DESIGNATION FOR APPROXIMATELY 40.8 ACRES OF LAND LOCATED City of Denton City Council Minutes August 6, 2002 Page 7 TO THE EAST OF NOTTINGHAM DRIVE, SOUTH OF UNIVERSITY DRIVE AND NORTH OF MINGO ROAD; PROVIDING FOR A PENALTY iN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0022) Burroughs motioned, McNeill seconded to adopt he ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 20. The Council held a public heating and considered an ordinance rezoning approximately 26.8 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The site was generally located at 3880 Helm Lane to the west of Teasley Lane and north of Ryan Road. No development was proposed at this time. The Planning & Zoning Commission recommended approval, 5-0. (Z02-0031, Mary F. Mohon) Larry Reichhart, Assistant Director for Planning and Development, presented the details of the proposal. The Planning and Zoning Commission had recommended NR-3 zoning. A supermajority vote would be required if Council wanted to approve NR-4 zoning for the property. The Mayor opened the public heating. The following individuals spoke during the public heating: Tom Trueblood, 3761 Helm Lane, Denton, 76210 - favor for NR-4 Jean Howard, favor Comment cards were submitted by Jimmie and Shirley White, 3953 Helm Lane, Denton and Bobby White, 3952 Helm Lane, Denton in favor of NR-4 zoning. The Mayor closed the public heating. The following ordinance was considered: NO. 2002-248 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 26.8 ACRES OF LAND GENERALLY LOCATED AT 3880 HELM LANE TO THE WEST OF TEASLEY LANE AND NORTH OF RYAN ROAD LEGALLY DESCRIBED AS ABSTRACT C. PAULLALIER SURVEY TRACTS 25 AND 26, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-002-0031) City of Denton City Council Minutes August 6, 2002 Page 8 Fulton motioned, Redmon seconded to approve NR-4 zoning. On roll vote, Burroughs "nay", Fulton "aye", McNeill "nay", Montgomery "nay", Phillips "nay", Redmon "aye", and Mayor Brock "nay". Motion failed with a 2-5 vote. Phillips motioned, Fulton seconded to approve NR-3 zoning. On roll vote, Burroughs "nay", Fulton "aye", McNeill "aye", Montgomery "nay", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion carded with a 4-3 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 21. The Council considered adoption of an ordinance on fa'st reading amending the existing Gas Franchise between the City md TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's rights-of-way; providing for acceptance by TXU Gas Company; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. Mayor Brock left the meeting with a conflict of interest. The following ordinance was considered at fa'st reading: AN ORDINANCE ON FIRST READING AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WiTHiN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMiNiNG THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Fulton motioned, Montgomery seconded to adopt the ordinance on fa'st reading. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carded unanimously. 22. The Council considered adoption of an ordinance on fa'st reading amending the existing Electric Franchise between the City and Oncor Electric Delivery Company, to provide for a different consideration; providing for acceptance by Oncor Electric Delivery Company; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. The following ordinance was considered at in'st reading: AN ORDINANCE ON FIRST READING AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 6, 2002 Page 9 McNeill motioned, Phillips seconded to adopt the ordinance on tn'st reading. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carded unanimously. 23. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Fulton asked that the remaining nominations for boards and commissions be placed on next agenda for discussion and vote. calculated. Council Member Redmon requested a breakdown on how utility consumption was C. Council Member Redmon questioned if the city could regulate the granting of permits for new apartments. D. Council Member McNeill encouraged the staff to schedule discussions with developers to regarding plans for various quadrants of the city. E. Council Member McNeill questioned how the City could publicize the relationship between the city and the Denton Housing Authority to reduce confusion regarding the role of the City with the Housing Authority. 24. Items from the City Manager City Manager Conduff did not have any items for Council. 25. There was no continuation of Cbsed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 26. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:30 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 8, 2002 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Work Session on Thursday, August 8, 2002 at 9:00 a.m. in the City of Denton Council Work Session Room, Denton City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the 2002-2003 Budget and the 2002-2007 Capital Improvement Program. Kathy DuBose, Assistant City Manager for Finance, reviewed factors affecting the budget process for this year. One factor was growth of population and service area including housing starts. The CIP Program was also considered during the budget. The final projects included renovations of the Emily Fowler Library, US 377 Alternate and Civic Center improvements. The next CIP election would be February 2004. Major issues for the General Fund included (1) a reserve level maintained at 13%, (2) current year's sales tax estimated at last year's actual, (3) FY 02-03 sales tax projected 2.5% over current estimate, (4) no property tax rate increase, (5) no merit pay for employees-Civil Service step plan increases would be granted, (6) public safety included two grant officers for the Police Department and funding for the new Central Fire Station, training and manning for Fire Station 7. Ross Chadwick, Fire Chief, reviewed the staffing and training needs for the new Central Fire Station and for Fire Station 7. Council Member Burroughs left the meeting. DuBose reviewed the suggested funding for the Hunan Services contributions. Council Member Burroughs returned to the meeting. DuBose reviewed the suggested funding for the Airport, a management study, contingency accounts, Economic Development, Building Inspections, and indicated that there would be no vehicle replacement in the next year's budget. She reviewed the proposals for hotel occupancy tax funding. The City Council sub-committee had made two proposals for Council consideration. Consensus of the Council was to prepare Proposal A of the hotel occupancy tax funding for consideration with the budget. DuBose reviewed the proposed funding for Materials Management, Fleet Services, the City/DISD Aquatic Center. Council Member McNeill left the meeting. The Council convened in a Closed Meeting. 1. The following was considered in Closed Meeting: City of Denton City Council Minutes August 8, 2002 Page 2 A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under TEX. GOV'T. CODE Section 551.086.** (1) Received a presentation and information from Staff pertaining to the Denton Municipal Electric ("DME") Proposed Annual Budget for the Fiscal Year 2002-2003, consisting of competitive electric and commercial information respecting the details of the present and future operational and financial plans and strategies of DME; and discussed, deliberated, considered, and provided Staffwith direction regarding such matters. Council Member McNeill returned to the meeting. Following the completion of the Closed Meeting, the Council returned to a Special Called Work Session. 1. The Council received a report, held a discussion, and gave staff direction regarding the 2002-2003 Budget and the 2002-2007 Capital Improvement Program. Howard Martin, Assistant City Manager for Utilities, presented the proposed water budget. The proposal included no retail rate increases, debt requirements that included a projected bond sale of $0.5 million and the net increase of one full time employee. Wastewater issues included no rate increases, a debt requirement of $11 million for line extensions and drainage improvements, a new watershed protection division to be established and position changes of an increase of approximately 3 full time employees. Solid Waste proposals included a new curbside recycling program to begin in November of 2002; a new low income discount rate; a slight increase in commercial rates for front and side-loading service; and no changes in the number of employees. DuBose reviewed the remaining budget calendar as noted in the backup materials. indicated that the August 13 and August 27 budget studies would not be needed. Council 2. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 1:45 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Agenda 02-027 08/20/02 #9 AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2002 DEPARTMENT: Public Transportation ACM: Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to file an application, execute grants, and subsequent amendments with the U.S. Department of Transportation Federal Transit Administration and the Texas Department of Transportation for grants authorized by 49 U.S.C. §5307, and other applicable laws; and providing an effective date. BACKGROUND The City of Denton provides public transportation services in the Denton urbanized area to the general public and disabled persons on the Denton Public Transit System. The transit system is operated by SPAN (Services Program for Aging Needs) who provides both fixed route and demand response services six days a week. Funding for the transit service is provided in part by the Federal Transit Administration (FTA), the Texas Departmem of Transportation (TxDOT), and the City of Denton. The attached ordinance authorizes the City Manager to file a grant application with the FTA and TxDOT to execute the grant upon final award. The estimated total amount of the eligible project cost is approximately $1,000,000. ESTIMATED SCHEDULE OF PROJECT Application for these funds will be submitted following Council approval and award is expected from the FTA and TxDOT within thirty days of submission. Funds awarded in this gram will be used to operate the public transit system for FY 2003. PRIOR ACTION / REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION Under this agreement operating funds will be available at a 50/25/25 (50% Federal / 25% State / 25% local) match while capital and preventive maintenance funds will be available at an 80/13/7 match. EXHIBITS Ordinance Respectfully Submitted: Jon Fortune Public Safety and Transportation Operations Prepared by: Stanley Nixon Public Transportation Manager S:\Our Documents\Ordinances\02\Public Transit Grant Ordinance.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO FILE AN APPLICATION, EXECUTE GRANTS AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMiNiSTRATiON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR GRANTS AUTHORIZED BY 49 U.S.C. §5307 AND OTHER APPLICABLE LAWS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportation is authorized to award grants for mass transportation programs; and WHEREAS, the City is a recipient of US Department of Transportation Federal Transit Administration funds authorized by Congress under 49 USC §5307 and the City is authorized to make application for such funds in accordance with 49 USC §5301, et seq., the National Capital Transportation Act of 1969, as amended, the Transportation Efficiency Act for the 21 st century of 1998, as amended, and other applicable laws; and WHEREAS, the Grant Agreement, which incorporates the Federal Transit Administration's Master Agreement, if approved, will impose certain obligations upon the City of DeNon, including providing local share project costs; and WHEREAS, the estimated total amount of the eligible project cost is approximately $1,000,000.00; and WHEREAS, the U.S. Department of Transportation requires, in accordance with the provisions of Titles Vi and Vii of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title Vi of the Civil Rights Act of 1964 and the Departmem of Transportation requiremems thereunder and other applicable federal laws and regulations; and WHEREAS, it is the goal of the applicant that disadvantaged business emerprises be utilized to the fullest extent possible in connection with the project, and that definite procedures shall be established and administered to ensure that disadvantaged businesses shall have maximum construction contracts, supplies, equipment, contracts, or consultant and other services to the extent allowed by law; and WHEREAS, The State of Texas is authorized under Tex. Trans. Code Ch. 455, to assist the City in procuring federal aid for establishing and maimaining public and mass transportation projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized to file applications and execute grants and subsequent amendments on behalf of the City of Denton, Texas, with the U.S. Department of Transportation and the Texas Department of Transportation to aid in the financing of public transportation pursuant to 49 U.S.C. §5307. S~2ffJI:)N~_ The City Manager, or his designee, is authorized to execute and file an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Titles VI and VII of the Civil Rights Act of 1964. SECTION 3. The City Manager, or his designee is authorized to furnish such additional information, assurances, or certifications as the U.S. Department of Transportation may require in connection with the program of projects. SECTION 4. The City Manager, or his designee, is authorized to set forth and execute disadvantaged business enterprise policies. SECTION 5. The City Manager, or his designee is authorized to make an application with and then execute a Public Transportation Contract, and subsequent amendments, on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, and to execute any other certifications with the inclusion of other applicable laws, including discretionary funding, or documents which are necessary to implement the Contract, and to expend the necessary funds as may be required by the condition of the grant. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 Agenda 02-027 08/20/02 #10 AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2002 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SUBJECT: Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute Change Order Number Five to the contract between the City of Denton, Texas and Archer Western Contractors, Ltd.; providing for an increase in the scope of work and an increase in payment amount; providing for the expenditure of funds therefore; and providing an effective date [Ordinance No. 2001-192; Bid No. 2612 Lake Ray Roberts 20 MGD Water Treatment Plant awarded to Archer Western Contractors, Ltd. in the amount of $35,785,257; said contract amount being increased by Change Order No. Four to be a revised contract amount of $36,791,883.31; plus Change Order Number Five in the amount not to exceed $57,110.55 for additional security measures and equipment; Change Order No. Five will be paid from funds within the existing contract (Allowance BB)]. BACKGROUND: The final design of the Lake Ray Roberts Water Treatment Plant, completed and released for bids in the spring of 2001, included a security fence around the entire property, card readers on a few select doors and the ability to add two cameras in the future. After September 11, 2001, staff reassessed the plans of the treatment plant, gained knowledge on security needs and security equipment then developed a plan of action. Staff contacted American Business Electronics, Inc (ABE), who installed security systems throughout the city's facilities, to assess the Ray Roberts Water Treatment facilities. Using guidelines developed by staff, ABE made recommendations for a security system. After receiving ABE's recommendations, staff modified the plan for practicality and expandability. ABE will furnish, install and setup the equipment. Archer Westem's Electrical subcontractor ACME additional conduit needed. The wire will be furnished by ABE but Electrical will install the wire and any Based upon the negotiated prices from ABE -Exhibit I, minus the credits for the contracted equipment and the additional costs for ACME Electrical expenses -Exhibit II, the net price increase for adding additional security is $57,110.55. Recently, the Upper Trinity Regional Water District Board approved a contract with ADT Security Services, Inc. This contract will upgrade their existing security system, add additional cameras (CCTV system) and install an Access Control System (Door control system) for a total cost of $120,354.32. This system does include a larger number of devices than is being requested for this change order, but incremental costs are higher per device. In addition to the cost of the equipment, the system will be monitored by ADT at a monthly rate of $166. OPTIONS: 1. Approve the Change Order for the installation of security equipment as submitted by American Business Electronics, Inc, at a cost of $57,110.55. This would be an owner initiated change order. 2. Reject the change order and install contracted document security equipment. 3. Reject the proposal and renegotiate the terms and price. RECOMMENDATIONS: Staff recommends approval of Change Order #5, in the amount not to exceed $57,110.55. The PUB recommended approval by a vote of 5-0 at the August 5, 2002 meeting. The minutes to the meeting are included as Exhibit IV. ESTIMATED SCHEDULE OF PROJECT: The plant should be operational by the spring / early summer of 2003. The project is currently on schedule and is approximately 65% complete. PRIOR ACTION/REVIEW (COUNCIL~ BOARDS~ COMM.) December 18, 2000 - Review administrative procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant Project. April 16, 2001 - Consider Approval of he Bid Award to Archer Western Contractors, Ltd., for the Construction of the Lake Ray Roberts Water Treatment Plant for the Total Amount of $ 35,785,257. December 10, 2001 - Receive a report from staff, hold a discussion and provide direction conceming the contract alternatives for installing the raw water transmission supply line for the Lake Ray Roberts Water Treatment Plant on USACOE property. January 7, 2002 - Consider approval of Change Order #2 to Archer Western Contractors, LTD for modifications to baffle walls between the Flocculation - Sedimentation Basins, in an amount not to exceed $ 96,126.49. January 7, 2002 - Consider approval of Change Order #3 to Archer Western Contractors, LTD for modifications to electric transformers and switchgear equipment, in an amount not to exceed $ 71,328.36. February 18, 2002 - Consider approval of Change Order #4 to Archer Western Contractors, LTD for installation of raw water supply pipelines and related facilities, in an amount not to exceed $1,006,626.31. August 5, 2002 - Consider approval of Change Order #5 to Archer Western Contractors, LTD for additional equipment to improve post construction security for the water plant facilities, in the amount not to exceed $ 57,110.55. City Council: January 23, 2001 - Review administrative procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant Project. May 1,2001 - Consider Approval of the Bid Award to Archer Western Contractors, Ltd., for the Construction of the Lake Ray Roberts Water Treatment Plant for the Total Amount of $ 35,785,257. January 8, 2002 - Receive a report from staff, hold a discussion and provide direction conceming the contract alternatives for installing the raw water transmission supply line for the Lake Ray Roberts Water Treatment Plant on USACOE property. January 8, 2002 - Consider approval of Change Order #2 to Archer Western Contractors, LTD for modifications to baffle walls between the Flocculation - Sedimentation Basins, in an amount not to exceed $ 96,126.49. January 8, 2002 - Consider approval of Change Order #3 to Archer Western Contractors, LTD for modifications to electric transformers and switchgear equipment, in an amount not to exceed $ 71,328.36. February 19, 2002 - Consider approval of Change Order #4 to Archer Western Contractors, LTD for installation of raw water supply pipelines and related facilities, in an amount not to exceed $1,006,626.31. FISCAL INFORMATION: The total contract award to Archer Western Contractors Ltd., for the Lake Ray Roberts WTP project was $ 35,785,257. This included a $ 700,000 bid item to allow for contingencies during construction as well as a $ 50,000 bid item for instrumentation upgrades during construction. Change Order # 4 for the Raw Water Supply P~elines was funded by expanding the original contract amount by $ 1,000,662.31 bring the revised contract amount to $ 36,791,883.31. The balance of the change orders have been funded out of the $ 700,000 bid item (allowance BB). The following change orders have been approved or are pending approval for this project: Change Order # Description Total Amount % of Construction 1 Additional Culverts on $ 24,932.66 0.071% Burger Road 2 Concrete Baffle Walls for $ 96,126.49 0.274 % Floc- Sedimentation Basins 3 Primary Transformers $ 71,328.36 0.204 % And Electric Switchgear ABE American Business Electronics, Inc. · Contractor~ and ConsoJtanl~ . Regi~ter~,cl F'rofesslonal Engineers May ].7, 2002 Proposal #4858B ~reese and Nichols 46874 Burger Road Aubrey, TX 76227 Att.: Mr. E. Steve Wilson Refer: New Denton Water Plant Dear Mr. Wilson: The ABE Corporatiol] appreciates this OpPortunity to serve you. As you requested, we are pric:ing the J. nsta]lat].on of Electronic Security equipment for the new Denton Water Facility. This syste~! is comprised of two sub-systems [priced individually]; ACCESS CONTROL SYSTEM and CLOSED CIRCUIT TELEVISION SYSTEM. ACCESS CONTROL SYSTEM As you know, the City Of Denton employs a Northern Computer.~ Brand Electronic Access Control S · . ,.ystem which a.]lows you to control bua]dings throughout tho. c~ty. We antJ. cipate, that you wi.l! control th~se card readers from your' main computer at the New Water plant. WE HAVE DIVIDED THE PRIC1NG AND SYSTEM OUT ;kS YOU REQUESTED. A MATERIALS LOCATION CHART FOR THE CARD READERS IS PROVIDED AT THE END OF THIS DOCUMENT. We will provide and install card readers to cont. rol'who can enter-selected doorways throl~ghout tl]e facility. The same access card that. the City Wster employees presently c~rry will work at theme doors. Option A lists tt~e price to substitute different ~styles of "Proximity Type" Card Readers. Electromagnetic 'Locks will secure each door. At double 'doors, two electromagnetic locks will be i~stalled. We have budgeted for the use of specJ, al "Request to Exit" Touch o°ense Barn which Provide free egress. WheD individua].~; ~'.ouch the handl, e to push the door open, the e].ectromagnetJc lock unlock. You may be ab].e to u$e "pu.~h to exit" switches i;%stoad. II I I I I I I'~ I I ~1 ' ' 'lll'lll'J].._ IJ L'_I L _ if_ -2- Proposal #4858B This operation complies with Fire codes and I,ife Safety issues. Although these are set by. your City Building and ~'J. re Departments, ~ The HID brand proximity Type-card-'readY,rs offer a superior operation. When a card is presented near the card reader, you will hear an audible tone telling you that the card is being scanned. Immediately following this, a red or gz'een indicating light will tell you if and when the door unlocks. These card readers~, work with. a wide selection- of acce:e~s cards, and key "FOBo~" ( h~ch f,lt on a key rxng). A~ptlo~for $65.~ per~ re~r] l~u want~e probity type c~ead~s. You must also purchase proximity type cards for your staff. CLOSED CIRCUIT TELEVISION SYSTEM ~ ~ ~--~ ~ C].osed Circuit Cameras Systems are highly modular and there are many system configurations possible to meet your needs. We have priced a basic system for your consideration. System I provides three cameras to record the activity via a digital recorder, InitJ. ally three cameras wi]]. be connected, One fixed camera and two Pan\T~lt\Zoom Cameras. The PTZ cameras we have specified are "Dome Type" cameras using "state of the art" color cameras designed to switch to low light black and white operation at night time. _ A video multiplexer will also be instal.led to allow you more flexibility in how you display the camera scenes, These cameras will be displayed on two ).0 inch color monitors. A special Digital Recording system will record these cameras and al. low for eight more cameras add your needs change. You can add more camerns to this system .in the future. Our goa.], is to spec~fy a system using industry standard CCTV equipment to p~'ovide you a cost effective solution for monitoring your facility from the main build'Lng. At the 'same time', we wil.] install equip,nent which is 'non-proprietary' ~nd allows you to use any independent se. curity deal. er to service and support' thJ.~.. installation. -3- Proposal The ABE Corporation is an authorized Northern Computers dealer and opsrates under the authority of the Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78712, phone 512/4'75-3044. We would appreciate having you as a ~customer. We feel we can do the best possible job for ypu for~the following reasons: -We have'years of experieDc~ wJth~card access, closed circuit television, burglar-alarm, fire alarm, intercom, and security systems. -We hau~ graduate engineers and trained technicians to serve you. -We do our own designs, installation, and service work. AIl pr.lc:es are firm for thirty (30) days. Ail labor prices are based on work performed during normal working hours. Terms are. 1/3 with order, 1/3 with delivery, and ]./3 upon completion of order. Applicable taxes and freight will be added to quoS. ed prices upon invoicing. Terms are'negot.~able. We realJ, ze, that this a lot of information and we will be happy to meet with you regarding these systems. Feel free to contact us and we will help you determine the best solution. The modular nature o~ these systems will enable you to expand as your budgets allow. Please contact us when we can be of service. forward to working with you on this project. sinCerely, We look Roy L. Riedjnger Vice President RL:R/kfl ' I I I Proposal #4858B ACCESS CONTROL SYSTEM I Scope of Work: THIS SYSTEM CONNECTS.to A computer provided by the city. We will provide and install NINE door locations, one gate entry with card readers. PLEASE REFER TO TIlE MATERIAL CHART ON ]?AGES 4 and 5. Unit Ext. 1 SOFTWARE PROGRAM WIN-PAK 1.16 $ 495.00 $ -495.00 5 Northern Computer Access Control $ 897.00 $ 4,485.00 Panels N1000-II 2-Door Processor Transformers 12vac-40VA Data Converter C-100A PROXIMITY Type Card Readers OMNI-30 PROXIMITY Type Card Reader Long read range PROXIPRO MAX Card Reader Power Supply Lock Power Supplies Electromagnetic Locks ]'so]ation Relays ~Request To Exit" Touch Sense Bars TSB-3 Door Cords Magnetic Door Contacts Power Supplies 12vdc Equipment Cabinets Lot support materials 5 $ 27.00 $ .405.00 ! $ 177.00 $ 177.00 9 $ 189.00 $ 1,701.00 1 $ 987.00 $ 987.00 1 5 10 ]0 10 10 10 2 2 1 98.00 $ 98.00 61.00 $ 305.00 308.00 $ 3,080.00 29.00 $ 290.00 368.00 $ 3,680.00 49.00 $ 490.00 ].2.00 $ 120.00 77. O0 $ 154 . O0 47.00 $ 94.00 Materials Labor $17,071.00 $ 4,900.00 Subtotal $21,971. O0 Proposal ~4858B -5- CLOSED CIRCUIT TELEVISION SYSTEM WITH PAN\TIL~\ZOOM CAMERAS Scope of Work: We intend to install 3 COLOR ~aa~eras; Olde STATIONARY camera AND Two Pan\Tilt\Zoom Dome TYPE cameras as follows.: (One at the Main Gate, }~igh Service Pump Station, Admig.. Building parking area). All of these cameras will connect to a.duplex video multiplexer, one Digital Video Recorder and two 20" Color Video Monitors. This system .can digitaIly'record up to 16 cameras. An extensive shopping list of equipment also fol~-ows. Unit Ext. 1 Color Camera $ 298.00 $ 298.00 Panasonic WV-CP244 1 Auto Iris Lens $ 171~00 $ 171.00 Varifocal 3.8-8mm ]. Transformer $ 24.00 $ 24,00 1 Outdoor Camera Enclosure $ -98.00 $ 98.00 EH3512 ~ 1 Camera Housing Mount $ 39.00 $ 39.00 2 Dome type PAN-TILT- ZOOM CAMERA Color Camera \environmental kit $ 3,185.00 $ 6,370.00 Pelco Spectradome II SDSBC22-HCPE1 2 Dome Mounts $ 410.00 $ 820.00 i Power Supply $ 98.00 $ 98.00 2 Camera Transformers (for FTZ) $ ]48.00 296.00 ] PaD-Tilt-Zoom Controller $ 771.00 $ 771.00 Pelco KBD4000 1 Video Multiplexer\16 camera inputs $ 2,15].00 $ 2,151.00 Pelco MX4016CD -Duplex color 1 Digital Video Recorder Pe].co DX7016-60 $ 6,777.00 $ 6,777.00 20" Col. or Monitors $ 481.00 $ 962.00 2 Panasonic CT2786Y 1 l~t Misc. InstallatJ. on Materials Materials $19,315.00 Labor S 4,600.00 .SUBTOTAL $23,915.00 Also, we may requJ, rea "man-lift" depending upon where this equipment .].s mounted. ']'he rental of this unit j.s not include above, -7- Proposal 4858B Special Requirements: The following considerations apply to our proposal. 1. Other contr&ctor~ are providing and in~tallin~ all conduits, =acewaye etc. No pro¥isions for core drilling or conduits are included in this bid. We have listed the price for the low voltage cabling needed for this job as OPTION A. 'We will be happy ~o provide the cable for y~u. The Electrical contractor will still be responsible for ins'falling this cable in the raceways to support this installation. --- ' 2. We will locate all of th~ control panels and support equipment in one of the electf'ical closets. We will need physical space to locate the CCTV "Head-In" Equipment in one of- the Work rooms. 3. We will require lt0vac 20amp service adjacent to the location where the ]~ead-In equipment sets. Supporting high volt'age electrical work will be required by others. We will require ll0vac 20amp service at several locations. We will work together with your Electr.~cJans r.o obtain ~his. 4. 'All o~ the doors must be ~n good workJ, ng order mechanically. 5. Automatic Door Closures must be on the doors. The general contractor must provide all of the norma.] mechanical equipment normally installed to secure doors mechanically. 6. Our staff wj]]. load the new W.TN-PAK Software on your c. omputer, tra.~n your staff and ,~et up the basic program. Your staff will type in the new card holder data to support this installation. OT~ERS MUST PROVIDE A PERSONAL COMPUTER. 7. There must be a f~re interface in each building connected to the fire alarm system. IF NOT, ADD money FOR THE FIRE VENDOR TO SET A RELAY INTERFACE ON THIS FLOOR. 8. We will need physical space to locate the power Supplies and control equipment. ' ............. · , = ~ ? r,~ , 0 2 r' ' ~ 'i i'll ?... C, ;.~ $ ? . 0 ~_' -8- Proposal Special Requirements: -CONTINUED- 9, Table top or desk space must be available for the CCTV equipment to set on, 10, We will need to meet and review several of the varlables that impact this installation. ]],. The City of Denton Building and Fire inspection departments may want to review this installation, ~They may make special requirements will could impact th~ quoted pricing here. 12. Standard insurance requirements will be met. Any special requirements for "additional insured" and or bonds will be invoiced to the customer, -" .- 13, Remember to purchase access card if you choose the proximity type card readers, -9- PRICING SUMMARY ACCESS CONTROL SYSTEM Access System Page 4 $21,971.00 Proposal #4858B Access Cards CLOSED CIRCUIT TELEVISION Page S $23,915.00 OPTION A Provide Cabling $ 2,701.00 Sub-total Freight TOTAL Approved by P.O.~ -10- Proposal ~4858B Access System Door Localion I ,i,,,2 , 3 4 5 6 7 8 TOTALS Door Numbers 100 131 200 126 01 02 03 04 g C C A ~ Control Panels i A ] B 2A 2B 3A 3B 4A 4B 4 N ! 000-I1 -. .... Card Readers ] ! 1 I I I 1 I 8 Keypads Electric Locksets Elcctromagncti~ 2 1 I I I 1 1 I 9 Locks Electric Strike Locks Request to Exit Switches I.-'.xi~ Switch Signs Request to Exit Motion Dclcclom Panic- Bar I)evices 2 ] I 1 I 1 1 I 9 Emergency Releases Intercom Substations Cameras Remote Controls Door Contacts 2 I t I 1 I 1 I 9 -11- Proposa 1 Access System II Door Locmion 9 10 TOTAL (}RAND '!'OTAL Door Numbers 04 MAIN 2 .... ] 0 GATE Control Panels 5A 5B I 5 N 1000-I I Card Readers 1 1 2 l 0 Keypads Electric Locksets .Electromagnetic 1 I 10 l.oaks Electric Strike I.ocks ,, Request to Exit Switches Exit Switch gigns Requ6s! to Exit Motion Detectors l'anic-Bar Devices I I 10 Emergency Releases ! ntercx~m Substations Cameras Remote Controls Door Contacts I I 10 #40bBB Exhibit II FREESE - NICHOLS PROPOSED CONTRA CT MODIFiCATION ATTACHMENT A (4.41/5) PROJECT: Lake Ray Roberts Water Treatment Plant OWNER: City of Denton, Texas CONTRACTOR: Archer Western Contractors, Ltd. ENGINEER: Freese & Nichols, Inc, PROJECT NUMBER: 201052 DNT00343 DESCRIPTION Additional Security Equipment NO. PCM-007 NOTIFICATION TO CONTRACTOR: The Owner proposes to make the additions, modifications or deJetions to the Work described in the Contract Documents as shown in Attachment "A". W~_~request'that you take the following action within 10 calendar days: ~.~ [] Notify us that you concur that this change does 'not require a change in Contract time or amount. A Field Order will be issued. Submit a Price/Credit Proposal with detailed cost breakdown of labor, materials, equipment and all other costs related to this change. Impacts on Contract Time shall be shown in a revised schedule, included with the submitted proposal. [] Proceed with the change. Payment will be made at the unit price bid. [] Proceed with the change under the time and materials provisions of the Contract. Authorization to proceed with changes must be approved by the Owner through Change Order in accordance with the Contract Documents. By: Steve Wilson Date: 5/29/02 CONTRACTOR'S RESPONSE: We respond to your request as follows: [] We propose that this is a no cost or time change. Issue Field Order. We submit the attached Price/Credit Proposal with detailed cost breakdown ~ for performing the described change. [] We are proceeding with the change at the unit price bid. [] · We are proceeding with the change under the time and materials provisions of the Contract. . ~//, ~" ~'?' /' /vT Date: ACTION TAKEN: By: Proposed Contract Modification rejected. See comments. Field Order will be issued. Change Order will be issued. Date: FEEESE - NICHOLS PROPOSED CONTRACT MODIFlCATiON A TTA CHMENT A (4.4~/5 ) The Owner proposes to make the following additions, modifications or deletions to the work described in the Contract Documents. Authorization to proceed with these changes must be approved by Field Order or Change Order in accordance with the Contract Documents, prior to commencing the work involved. Comments: This cost proposal shall include the following items: " · Eight Proximity Type Card Readers ·(Omni-30)_ '- · One Proximity Type Card Reader (Long Read Range Proxipr0_Max) · One Panasonic Camera (WV-CP244) · Two Dome Type Pan-Tilt Zoom Cameras (SD5BC22-HCPE1) · All required Materials, Cabling (Option A) and Labor See attached Cost Proposal # 4858B from The ABE Corp. Representative: Mr. Roy Riedinger Phone #: (972)620-7667 ~ Fax #: (972)620-8878 Cell Phone: (214)213-7680 E-Mail: accessory~,hotmail.com Provide a credit for the following deleted item: · Eight Card Readers, required Materials, & Labor By: Steve Wilson Date: 5/29/02 June20,2002 Freese and Nichols Fort Worth, Texas ATTN: Mr. Steve Wilson RE: Lake Ray Roberts Water Treatment Plant - Project No. 201052 Dear Mr. Wilson: Attached for your review is a cost proposal for pcm-007, which includes card readers and cameras. ~ Our pdcing excludes the following items: 1) No computer is included to support software, contractor requires ample drive space in an owner furnished computer with windows 98 for the card reader program. 2) No fire interface or connections to any fire alarm system are included. 3) Any additional requirements from the tire inspector or Denton buile~ng department, or any changes in scope will impact the quoted pricing. 4) No cable in any conduit or doors, which may require card readers at a later date. 5) Table top or desk space for the equ. ipment to set on is not included in this change order. 6) See attached scope of work and exclusions from The Abe Corporation's proposal ~4858b dated May 17, 2002, this becomes part of this change order. 7) No paint or caulk included in this change order. The total price for this proposal, and the ABE corporation proposal ~4858b, with the listed exclusions totals: $57,t t 0.$5 The cost for each required access card is $6.75, please provide a quantity required to include the cost in this change order. Sincerely, Archer Western Contractors, Ltd. Project Manager CC: Travis Vick Scott Smiley 6874 Burger Road Denton, Texas 76208 9401458-3104 (fax) 940-458-3431 Emaih jpolak@walshgroup, com CHANGE ORDER JUSTIFICATION PROJECT LAKE RAY ROBI=r; ~ $ . _ CITY AUBREY DATE: 6/18102 COUNTY DENTON ITEM OF WORK CARD READERS ESTIMATED QUAN I' ~'1Y' I LUMP SUM DESCRiI=~ION QUAh I I I ~' PRICE LABOR MATERIAL EQUIPMENT SUB LABOR 65 $ 16.00 $ 1,040.00 55% WIC INSURANCE AND TAXES $ 572.00 15% CCMP."NSATION $ 156.00 TOTAL LABOR COST $ 1,768.00 MA'I"~-~IAL CABLE 1 $ 2,701.00 $ 2,701.00 ACCESS CARDS ????? $ 6.75· $ core drill 8 $ 150.00 $ 1,200.00 05 $ . SUBTOTAL $ 3,901.00 15% COMPENSATION $ 585.15 TOTAL MA~I<IAL COST $ 4,486.15 EQUIPMENT 60' BOOM LIFT I $ 3,000.00 $ 3,000.00 · I $ $ S U BTOTAL :15% COMPENSATION $ 3,000.00 $ 450.0O TOTAL EQUIPMENT COST $ 3,450.00 I SUBCONTRACTOR ACCESS CONTROL S¥$ I EM I I $ 21,971.00 $ 21,971.00 CLOSED CIRCUIT TELEVISION SYSTEM I $ 23,915.00 $ 23,915.00 MISC ELECTPJCAL WORK 1 $ 2,750.00 $ 2,750.00 freight 1 $ 917.72 $ 917.72 SUBTOTAL 5% COMPENSATION $ 49,553.72 T--~TAL SUBCONTRACTOR COST $ 2,477.69 I I $52,031.41 TOTAL COST OF I-iI=LD CHANGE ii-EM -$ 61,735.56 CREDIT FOR CARD READERS $ (6,891 iNSURANCE $ 1,234.71 TEXAS BOND $ 736.50 15%ON INS/BOND $ 295.68 ~RAND TOTAL $ ST,IlO.SS I FIELD CHANGE JUSTIFICATION 1 PROJECT LAKE RAY ROBERTS CITY AUBREY DATE: 6/18/02 COUNTY DENTON ITEM OF WORK CREDIT FOR CARD READERS AND POWER SUPPLY ESTJJVJATi::D QUAI~ i i i Y' 8 DESCRIPTION QUAN,iT~' PRICE LABOR MATERIAL EQUIPMENT SUB LABOR '80 $ 16.00 $ 1,280.00 55%INSURANCE AND TAXES $ 704.00 15% COMPENSATION $ 192.00 TOTAL LABOR COST $ 2,176.00 CARD READER 8 $ 18~.00 " $. 1,512_00 POWER SUPPLY 8 $ 98.00- $ ..... 784.00 CARDS 200 $ 3.00 $ 600.00 ELECTRIC HINGES 8 $ 65.00 $ 520.00 o$ $ . o$ $ SUBTOTAL $ 3,416.00 15% COMPENSATION $ 512.40 TOTAL MAI =RIAL COST $ 3~9_~8.40 EQUIPMENT . . o $ o!$ $ o$ $ o$ o$ $. SUBTOTAL $ 15% COMPENSATION $ TOTAL EQUIPMENT COST $ I SUBCONTRACTOR MlSC ELECTRICAL 1 $ 750.00 $ 750.00 I §UBTOTAL I $ 750.00 5% COMPENSATION $ 37.50 TOTAL SUBCONTRACTOR COST $ 787.50 I TOTAL CREDIT OF FIELD CHANGE i i ~1 $ 6,891.90 I I I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER FIVE TO THE CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND ARCHER WESTERN CONTRACTORS, LTD.; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE [ORDINANCE NO. 2001-192; BID NO. 2612 - LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD. IN THE AMOUNT OF $35,785,257; SAID CONTRACT AMOUNT BEING INCREASED BY CHANGE ORDER NO. FOUR TO BE A REVISED CONTRACT AMOUNT OF $36,791,883.31; PLUS CHANGE ORDER NUMBER FIVE IN THE AMOUNT NOT TO EXCEED $57,110.55 FOR ADDITIONAL SECURITY MEASURES AND EQUIPMENT; CHANGE ORDERNO. FIVE WILL BE PAID FROM FUNDS WITHIN THE EXISTING CONTRACT (ALLOWANCE BB)]. WHEREAS, on May 1, 2001 by Ordinance No. 2001-192, the City awarded a public works contract to Archer Western Contractors, Ltd., in the amount of $35,785,257 for the construction of the Lake Ray Roberts 20 MGD Water Treatment Plant and related improvements (the "Project"); subsequent thereto, by Change Orders Number One, Two, and Three; the Project was expanded to include various increases in the scope of work, materials, labor, and all of which expenses were authorized to be paid from funds within the existing Contract; and WHEREAS, on February 19, 2002, the Project was expanded by Change Order No. Four providing for the installation of necessary raw water supply pipelines and related facilities pertaining thereto, which thereby resulted in an increase in the Contract amount by the amount of $1,006,626.31, making the total revised contract amount $36,791,883.31; and WHEREAS, by Change Order No. Five, the Project will be expanded in light of and in response to the occurrences of September 11,2001 to include the furnishing, installation, and setting up of additional security equipment on the Project; said Change Order in the amount of not to exceed $57,110.55 shall be paid from funds within the existing Contract, as provided by Allowance BB thereto; and WHEREAS, the Staffhaving recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work, materials, labor and an increase in the payment amount, and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Change Order No. Five, increasing the amount of the public works contract between the City of Denton, Texas and Archer Western Contractors, Ltd., which is on file in the office of the Purchasing Agent, in the amount of Fifty Seven Thousand One Hundred and Ten EXHIBIT III and 55/100 ($57,110.55) Dollars, is hereby approved; and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount, as amended by Change Order No. Four, remains at $36,791,883.31, and the funds allocated in the existing Contract under Allowance BB thereto will be used for payment to Archer Western Contractors, Ltd. therefor. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\02ha~rcher Western Contractors Change Order No. 50rd.doc DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES AUGUST 5, 2002 8:30 A. M. After determining that a quorum of the Public Utilities Board of the City of Demon, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, August 5, 2002 at 8:30 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: Dick Norton, George Hopkins, Charldean Newell, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Dick Smith Jim Wilson CONSENT AGENDA: 1) Consider approval of Change Order No. Five to Archer Western Contractors, Ltd. contract for additional equipment to improve post construction security for the water plant facilities, in an amount not to exceed $57,110.55. Board Member George Hopkins moved to approve Change Order No. Five to Archer Western Contractors, Ltd. with a second from Board Member Don White. The motion was approved unanimously with a vote of 5-0. ITEMS FOR INDIVIDUAL CONSIDERATION: 2) Consider approval of the Public Utilities Board meeting minutes off a. July 15, 2002 Howard Martin asked that on line twelve, page three the word once be changed to read "one cubic yard". Page 1 of 2 EXHIBIT IV Hopkins moved to approve the revised minutes, with a second from Board Member Charldean Newell. The motion was approved unanimously by a vote of 5-0. 3) ACM Update: a. Lake Ray Roberts Water Treatment Plant Monthly Report 4) Adjournment. The meeting was adjourned at 9:10 a.m. followed by a tour of the new Lake Ray Roberts Water Treatment Plant. Dick Norton, Chairman Howard Martin, Assistant City Manager/ Utilities Lynn Pedrick, Secretary Page 2 of 2 EXHIBIT IV Agenda 02-027 08/20/02 #11 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: August 20, 2002 Fire Department J~ Jon Fortune, Assistant City Manager, Public Safety and Transportation SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designate to execute an interlocal agreement between the City of Denton, Texas and the City of Fort Worth, Texas providing for mutual aid; and declaring an effective date. BACKGROUND The City's southwest area, especially Robson Ranch, is currently a long distance from the nearest fire station with a resulting long response time for Fire Department emergency resources. In addition, a major fire in the industrial area along Airport Road would also require substantial fire protection resources. The City of Fort Worth faces a similar problem with its Alliance Airport and Speedway areas due to the fact only one fire station with an adequate response time currently operates in that area. Other Fort Worth Fire Department resources have long response times and may often be delayed by traffic on 1-35W north of 820. This interlocal agreement will provide each agency with additional resources should a fire or disaster occur in those areas. The proposed agreement directly benefits both jurisdictions. This partnership allows for the sharing of fire protection resources and provides for much better coverage for both cities along the 1-35W corridor. FISCAL INFORMATION This ordinance will enable the City to receive fire protection resources from the City of Fort Worth Fire Department and also provide fire protection resources to the City of Fort Worth fire Department. In some cases, costs other than ordinary costs incurred in the performance of the agreement could be charged as a reimbursement to or by either jurisdiction. However, any fiscal impact should be covered by the Fire Department's normal operating budget. EXHIBITS Ordinance Interlocal Agreement Respectfully Submitted: Ross Chadwick Fire Chief ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO EXECUTE AN iNTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF FORT WORTH, TEXAS PROVIDING FOR MUTUAL AID; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager or his designate is hereby authorized to execute the attached interlocal agreement with the City of Fort Worth, Texas to provide for mutual aid. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: STATE OF TENS § COUNTIES OF TARRANT § AND DENTON INTERLOCAL AGREEMENT THIS INTERLOCAL (INTERGOVERNMENTAL) Agreement ("Contract") is entered into by and be~een the Governmental Entities shown below as "Contracting Parties," pursuant to the authority granted and in compliance with the provisions of the Texas Government Code, Chapter 791, the "lnterlocal Cooperation Act." Contracting Parties: Agency: City of For[ Worth Fire Department Coordinating Agency: City Mana.qer~s Office, City of Fort Worth Contact Person: Libb:~/ Watson. Assistant City Mana_qer; Jim Tidwell, Fire Chief Agency: City of Denton Fire Department Coordinating Agency:.CitF Mana.qer~s Office, Cit~, of Denton Contact: Persons: Jori Fortune, Assistant City Manager,r Ross Chadwick, Fire Chief ii. Services to be performed: As listed in Attachment A. Service areas may be modified, as operational necessities require, by mutual written consent of the parties' Fire Chiefs with approval of the City Managers. I1!. Contract Amount: Denton and Fort Worth agree to reimburse each other for actual costs, other than ordinary operational costs, incurred by each other in the performance, of this agreement. Reimbursement shall be made on an incident-by-incident basis. IV. Attachments: Attachment A Services to be performed Attachment B Operational Provisions V. Term of Contract: The term of this contract sha~i be for one year beginning upon approva! by both parties and renewing automatically for additional one-year periods. Provided, however, that it may be terminated on sixty days notic~ in writing by eiCher party, V!, Liability Any civil liability shall be determined pursuant to the terms of Texas Government Code 791.006. VII. Independent Contractor: Each Party shall operate under this Contract as an independent contractor, and not as an agent, representative, sepcant or employee of the other. Subject to the terms of this Contract, each Party shall have the right to control the details of its performance hereunder. VIII. Padies' Addresses: Unless otherwise provided herein, all notices required or permitted by this Contract shall be made to the following addresses: City of Fort Worth City Manager's Office Attn: Libby Watson, Assistant City Manager 1000 Throckmorton St Ft. Worth, Texas 76102 City of Denton City Manager's Office Attn: Michaet A. Conduff, City Manager 215 E. McKinney St. Denton, TX 76201 Executed th is ATTEST; __ day of _ , A.D. 20__ CITY OF FORT WORTH City Secretary By: Libby Watson Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Cite A~o-rne~ Date: ATTEST: CiTY OF DENTON By: Michael Conduff City Manager APPROVI LEGALITY: 'Attorney Date: ~- ~,?,-~"~_~ ATTACHMENT "A" To Fort Worth-Denton lnter!ocal Agreement for Fire Mutual Aid AUTOMATIC AiD RESPONSE: Explanatory note: Upon receipt of the report of an incident requiring response in their own respective cities, the Fort Worth and Denton fire departments will normally dispatch a one-alarm assignment to the reported location. For purposes of this agreement, automatic aid in the amount of resources described will be dispatched by one city into the other city's jurisdictional limits or ET J, if the incident is reported in any of the geographical areas listed below. Service areas may be modified, as operational necessities require, by mutual written consent of the parties' Fire Chiefs with approval of the City Managers A. The Denton Fire Department will dispatch one (1) engine company and one (1) truck company to the specified areas in Fort Worth listed below: 1. The Texas Motor Speedway complex 2. The Alliance Airport 3. Northwest Independent School District Complex 4~ All high-rise hote!s and apartments in the northern corridor north of SH 170 5. Mapsco quadrants: 642F, K, L, M, P, Q, R, U, V · 6.43E, F, G, H, J, K, L, M, N, P, Q, R, S, T, U · 7B, C, D, E, F, G, H, J, K, L, M, P, Q, R, U 8A, E B, The Fort Worth Fire Department will dispatch one (1) engine company to any of the areas in Denton listed below: Mapsco quadrants: 245 246 bottom left quadrant 345 346 445 The Robson addition iust west of quadrant 445. II. Mutual Aid Response Fort Worth: Upon receipt of request and notification of the third alarm from Denton, Fort Worth will dispatch a one-alarm assignment, up to the following: 1 truck, 3 engines and a Battalion Chief. Hazmat response per FWFD SOP S6601 R3 and Technical Rescue response per FWFD SOP S6402 will be activated upon notice and request from Denton that a hazardous material or technical rescue_situation exceeds Denton's response capability and presents a significant threat to life-safety and property. EMS service will be furnished per the applicable FWFD SOP's and MEDSTAR protocols upon request of Denton. in addition, Fort Worth, upon notification and request, will dispatch up to a Task Force unit consisting of 2 Engines, 2 Brush Trucks and the Battalion Chief to a brush fire alarm scene per Exhibit "A-I," the Ser¥ice Area Map. Ail such responses are subject to availability of personnel and equipment: Denton: Upon request and notification of a fourth alarm by Fort Worth, Denton will dispatch a one-alarm assignment including 3 Engines, 1 Truck and a' Battalion Chief into Fort Worth. Ambulance service will be furnished as requested. In addition, Denton, upon receipt of Fort Worth's request, will dispatch a strike team response of 3 brush trucks and a battalion chief to the scene of any grass or brush fire. All such responses are subject to availability of personnel and equipment. ATTACHMENT "B" To the Fort Worth-Denton Interloca! Agreement for Fire Mutual Aid Operating Provisions I. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: A. Any request for aid hereunder shall include a statement of the amount and type of equipment and number of personnel that are need;ed, but the amount and type of equipment and number of personnel to be furnished shall be determined by a representative of the responding city. B. Personnel from the Fire Department of the responding city shall report to the officer in charge of the requesting city at the location to which the equipment is dispatched and shall be subject to the orders of that official, C. Personnel from the Fire Department of the responding city shall be released by the officer in charge from the requesting city when the services of the responding city is needed within the area for which it normally provides fire protection. Il. All equipment used by the responding Fire Department is carrying out this Agreement will, at the time of action hereunder, be owned by it. 6 Agenda 02-027 08/20/02 #12 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: August 20, 2002 Airport and Transit Operations Questions concerning this item may be directed to Mark Nelson 349-7702 Jon Fortune, Public Safety and Transportation SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement between the City of Demon and University of North Texas to provide for motor carrier passenger service for UNT studems, staff and faculty; and providing for an effective date. BACKGROUND On March 6, 2001 Council approved Ordinance 2001-100 providing for a multi-year Imerlocal Agreemem between University of North Texas (UNT) and the City of Demon to provide public motor carrier transportation services to UNT students, staff, and faculty. The number of riders during the first year of this program far exceeded both UNT and LINK's expectations. To ensure the continued success and future growth of the program it was agreed that the multi- year Agreement be renegotiated to a one-year Agreement to address the implementation of additional services and/or the potential for expanded route service in the coming year. The renegotiated Agreement includes an additional fee of $2,000 for the first year of the Agreement, August 15, 2001 to August 15, 2002. This increased fee is a negotiated adjustment for the increased number of riders. The one-year renegotiated Agreement provides for a rate of $0.60 per trip based on a total of 33,300 trips for August 15, 2002 to August 14, 2003. The rate includes a discount in the amount of twenty percem (20%) below the base fare of $0.75. This discoum is based on the volume of rides generated; other transit authorities offering similar agreements to corporations, and large employers purchasing group fares. This fare is the same as the fare being proposed with Texas Woman's University. A future agreemem will be presemed to Council as data collection methods and system improvements are implemented in the coming year. PRIOR ACTION/REVIEW Staff recommends approval of the renegotiated Interlocal Agreement. Agenda Information Sheet August 20, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT The term of this Agreement will be for twelve (12) months retroactive from August 15, 2002 to August 14, 2003. FISCAL INFORMATION This renegotiated Agreement will generate an additional $2,000 for services provided to UNT in FY 2001 and a total of $20,000 for transit services provided to UNT in FY 2003. EXHIBITS Ordinance Interlocal Agreement Respectfully submitted: Mark Nelson, Director Airport and Transit Operations S:\Our Docmments\Ordinances\02kLink UNT Bus Service 2n Year.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN iNTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROViD1NGFOR AN EFFECTIVE DATE. WHEREAS, the University of North Texas ("LINT") has requested that the City provide to its students, staff and faculty motor carder passenger service based on an annual fee; and WHEREAS, the City Council finds that such service is in the public interest; NOW, THEREFOR; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Mayor, or in her absence the Mayor ProTem, is hereby authorized to execute an interlocal Agreement between the City of Denton and LINT to providefor motor carder passenger service for LINT students, staff, and faculty, in substantially the form of the copy of the agreement which is attached hereto and incorporated by reference herein. SECTION 2. This ordinance shall become effective immediate!y upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ƒ°Xw“]òÚÁ %œ¨ñ»½Ï¢}Zã"J6@lk¯c„|ˆYda Då*|ŽS%üwâ.n$ˆwVÛäY‘i)kô?¢ñM8$jt'zYŒm4ÝÉÖr®gGÊu†C[Ð Å3V‹bŠ+¢D8¢yàÍ«OÜr8ÁZ— 7œ0„Ã¸iâ%ä0fb¥i¿z&v|¡¿z`áXä½x‰ÎiÒEet&0ocçc$ŸdscéôwpÙ°74boa&"Œ¦R4Šrbc bá! xâ<iû^U8GO\¢*LÙBßRByaˆ^çËyCÜöGuØ‰À^ä¥?W¨?÷#‘.mÀx~ya~UyLçál»ñ<JmÌª¤pÞ–é÷˜»æä:ÜK`ÇÁ)ê«æü4þúù¶î||HjÓ^;¿ƒCãóîdÅ–¨ÙD® S>€VrZ÷{$æ2 ¬ÿ‚œspÚZ”ó ÝJÝ\>Z¥«ØPãøø°¼ ³iÉåçJù‹3·m}3ðL£Úºˆaÿ5ƒÌZ+Ÿ:ÅZ´ÉÓŒÆ¹W¤Ãçæû'|ß>øÄ]Ø ªÚŠ!<´˜øY–„g}F0Ù®Dê©M¹§a¢kŒ÷(ßÎŒ/—×Ÿµ†.–òÓÙ=ÆˆÞ0ÉÕÏ8²‹•¢ŸROŠ4š\Ü¶7Ú§n¬›RŸ¼‹…ÜÖZ¹›ðuò°|×ëŸŠëf’‡ºn„çößÔÙÜ±³¾Ÿ·¥‘õ¾¥{wº5“%ò³Uœ˜ŸŠš•Ê‹‹œ²Ü ŒÿÚËž™Øˆ‡Úˆ¾»ö¿Ò˜»‹ËÎ£Ëzûõ©¿‰¢—¨ÕåosÏæÖ»¯O’'æ˜¯…PŒ_>ü°ÝPÍµÚŒ°Šà_$lÞ‚êÈ™ŸzÄ#I«ïfò‹Þ£G±¯›]xpÓ¬ƒ–ð˜,`Ñkpà¿¬“‹çñ×+¦9Ä¾;¶ôÊ–‘Ût´›’˜dÏÖ¾ðõòõˆ·r®Jã®ú‹×šß¼¶[û€‘{d®1DÍ›šŒMaÝ‹$ßq™A™ßž‘³ŸŽz1j3œÚ™šß‹WaMº‡y‡Km“˜Ï¾¹×s‘šÒ3‹¹³5ŠÑ™»òõ»ô-ãß¢~ð×è·»º¾ÑªÁŸ-ß{›†š±[ŽßÐ™]Ý\¼Äˆ–œºŒ™•ÁòŒÞ©ƒÔßªš¿’%«ßž I„žSia™ 8á‹šøŠìõ .‰šŠšŒb™ßÑ—Àß,›–H–ù”f³Y‹lÝVà Qœ(¾Kbš#‘žšž=šË›Rû]Æ’–YîßÉ=¥ßˆß‹šŸëŸÍˆ;—ŸŒ÷¸eÍÁ‰“ËØÆÞíLË—ÚÎ›Çð¶Ï…›·”"µ‰£:ý:î¬š–ÊÅ8ÅÞ’”Â/ß“´¹Š¾–›©ŸÊÚŸÓÙÛÄŒŸÄÃŸÊƒÊ–ŽÚ‰ƒß•–ÙŠÒŒj8*$›6!÷§…/kÊg±SÒ Ïæ½õFÓ¸ÿ¦6XÍ2ÓüóË¾ mb:„Ï$UÐë³Ä‚Q“|ËhÐ”XbÍ°V”x+~ê½nòËµeÞÎzÐtç´Ÿ’-+h1ª¾›º¬Ñ“ŽôW0|,ŒÛ0Õ}Ì8„“>,n™¿âµà^á¿îA È±‘ÔØ`ž*;¶ã<¾^C²÷ÅHiTqy 8c²l(Ò"fugÆ¡ÆõBÕ5¨róIã£~tXohúJUIÎ.@|»%ó àzâ}|Îùb&@Âªc·¨?ÑÇ|>‡×ÒcÇùâ¬2´á—ªôß84ãâ®\ëÝ÷L¯J¨5 ÈcÇ¡)’<7~²uÓ:‘Sé óòÐ*J½:.•U¦à8Ø9O.YIt©÷/ã"ß-xæ‚*<±qQëm/y¶MëÿO(MôJ}v{‡%ž‚s¢%|lc¡ON+cl$jp¡éx¨ljäñ' -2"é%j½("/êEÔ,Ið ö`m?U!íêbõ?:"4v8vïíu²ùÒ|0Þå¬Qctäht×âäE®v6Hçøxcv£I¤Á³-7i|i¤»tVíaBMõíÖci"â~# yö(ê^Ih&×_ú$ì¨øiì$&T¦.pÅç’Q (ª¸,kí0Eec´€~¤üà0CF|íe8-*è¨øs®}*0d&%+íìáæ¨¿½·?—‘ŽŒ²¾Ä£ÝËŸÆjmkGIÝòk lÖ–67…þe¨c,¨Ö¸ylmi/d,ñB[O›Q9-‚AÙüò'06ÇÓ± ¨Z®&¸|Nw3/›yÚà³]n½ò9ßä’¹%¿<©P¡@B^Eñ¢ö¢WW&Skí0…‡€Ód#N]ec¯sÆ%@b¢`íE~%ï! ù‚èjLÙ O=Oìª¨ëå¢³Ylasë€é¡A‰bú0é÷ËÄ®á ¶¹~¥"soÒ³«;¨—™5{úÏ¬!74Ö“ÆP0ö,t½‚ŒþHÚˆM+NJóˆ^´±/Jà|†Ò&PÈâ·ñ$ÌûÜÃ·8*Ž›š¥¿ç•Æ´ÃÔ•Ô¥²õº¯¶‘†ÚÙÇy„=¹Ù}»›…@§”ž‘˜J™ôæ>·)àñ÷´ÅŠÙ¸_…Ï›Ø†–+÷”›“} óŠßl£*8;‹ õšûAž…<–Oã›÷ÎÙÛFE´Ü[wB8¸ŸZ|`ÇjÏÏ…¾`RQZ©N(„k×ý »m=ËIÌyëa¾wAP)b%¡añÕìçuáØ~îKYëWŒöyøì{ê¦HìwòguŸþ(¶# 5HXŽw,K‹;c‰ì%Än.äöMólÇ@ÌÒ+Q¼¢õMswaBé} úX¢ù˜…7ï9zÃiïgüA$?èdTbÅ-A W¢¥ež`PçôïKõ@}–ÌR,owVíNA ïrf6Çí€ÖI&|"~5á*&Œ<øÄg¥§ã°)Â° <Áá¨K{jrsaî–Ùß+¨¨gÀ¨¬Pu*'cl«×°,0c%2Py-LYËžB€ ¬u÷0L_`3g2W:0ý 0…¥Æ@iv¹¿dzhê&Eë bñæ7 6öJ_ÕYzKêê™U>À•Â¸å“JBòƒW>‘À¬1Ù›‹F<Q 1.1 The term of this agreement shall be for two years commencing on August 15,2001 and ending on August 14, 2003. The first annual fee shall be in the sum of $6,000.00 due and payable in two equal installments no later than October 15,2001 and February 15, 2002. Such sums have been paid, the receipt of which is acknowledged by the CITY. Additionally, a sum of $2000.00 for the First Year shall be paid by UNT to the CiTY on or before September 1, 2002. The second annual fee shall be in the sum of $20,000.00 due and payable in two equal installments no later than October 15, 2002 and February 15, 2003. 1.2 At all reasonable times UNT shall be entitled to audit the records of the. However, in no event shall this provision permit UNT to withhold payment of the annual fee. ARTICLE TWO 2.0 This agreement represents the entire and integrated agreement between CITY and UNT and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both parties. 2.1 It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the comract did not contain the particular part, term, or provision held to be invalid. Signed this day of ,2001. UNIVERSITY OF NORTH TEXAS CITY OF DENTON By: By: Euline Brock Mayor ATTEST: ATTEST: Phillip C. Diebel, Vice Presidem for Finance and Business Affairs City Secretary, City of Demon APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM PAGE 2 General Counsel Herbert L. Prouty, City Attorney By: By: PAGE 3 Agenda 02-027 08/20/02 #13 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: August 20, 2002 Transportation Questions concerning item may be directed to Mark Nelson 7702 Jon Fortune, Public Safety and Transportation SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreemem between the City of Demon and the Texas Woman's University to provide for motor carrier passenger service for TWU studems, staff and faculty; and providing for an effective date. BACKGROUND A one-year pilot program was conducted with TWU that provided students, staff and faculty the opportunity to ride the LiNK System. The program has been well received by TWU studems, staff, and faculty and has provided LiNK with ridership numbers to establish a benchmark for determining a rate schedule. The one-year Agreemem presemed provides for a rate of $0.60 per trip based on a total of 12,000 trips per year. The rate includes a discoum in the amoum of twenty percem (20%) below the base fare of $0.75. This discoum is based on the volume of rides generated; other transit authorities offering similar agreements to corporations, and large employers purchasing group fares. A future agreement will be presented to Council as data collection methods and system improvements are implemented in the coming year. RECOMMENDATION Staff recommends approval of the interlocal Agreement. FISCAL INFORMATION This program will generate $7,200 and additional data to refine the fee schedule for the following year. ESTIMATED SCHEDULE OF PROJECT The term of this Agreemem will be for twelve (12) momhs beginning September 1, 2002 to August 31, 2003. Agenda Information Sheet August 20, 2002 Page 2 EXHIBITS Ordinance Interlocal Agreement Respectfully submitted: Mark Nelson, Director Airport and Transit Operations S:\Our D ocmm ent s\Or din an ces\02kLink TWLI Bus Service 2n Year. doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN iNTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMANS UNIVERSITY TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR TWU STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Womans University ("TWU") has requested that the City provide to its students, staff and faculty motor carder passenger service based on an annual fee; and WHEREAS, the City Council finds that such service is h the public imerest; NOW, THEREFOR; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Mayor, or in her absence the Mayor ProTem, is hereby authorized to execute an interlocal Agreement between the City of Denton and TWU to provide fonnotor carder passenger service for TWU students, staff, and faculty, in substantially the form of the copy of the agreement which is attached hereto and incorporated by reference herein. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered to be effective as of the 1st day of September 2002, by and between the CITY OF DENTON, a Texas municipal corporation, hereinafter referred to as CITY and TEXAS WOMAN'S UNIVERSITY, a Texas State University, hereinafter referred to as TWU. WHEREAS, the CITY provides mass transportation passenger motor carrier service on fixed routes under the name "LINK"; and WHEREAS, TWU desires to enter into an agreement with the CITY to provide for passenger motor carrier service for its students, staff and faculty; and WHEREAS, all payments for services under this agreement are made from current revenues of the paying party and fairly compensate the performing party for the services provided for herein; and WHEREAS, this Interlocal Agreement is in the public interest; NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants hereinafter expressed, agree as follows: ARTICLE ONE 1.0 TWU agrees to pay the CITY an annual fee provided in section 1.1 below to allow for TWU student, staff, and faculty ridership. In exchange, the CITY shall permit all TWU students, staff, and faculty to ride on the CITY's system as outlined on the most current system map, on an unlimited basis by displaying a valid TWU student, staff or faculty identification to the LINK's bus drivers upon entering a bus. The current system map shall include at a minimum, the bus stops on TWU campus shown on Exhibit "A" attached hereto and made a part hereof by reference. 1.1 The term of this agreement shall be for one year commencing on September 1, 2002 and ending on August 31, 2003. The fee shall be in the sum of $7,200.00 due and payable no later than ,2002. At the end of the term of this agreement, the program shall be reviewed for consideration of a future agreement. Page 1 of 3 G:\August 20, 2002\Backup\Tansit TWU Interlocal\3-AGR TWU Interlocal 03.doc ARTICLE TWO Notwithstanding anything contained herein to the contrary, any party to this agreement may terminate this agreement with or without cause by giving the other parties written notice of such termination at least 30 days, at which point termination shall become effective at the end of the 30 days. ARTICLE THREE 3.0 This agreement represents the entire and integrated agreement between CITY, and TWU and supercedes all prior negotiations, representations and/or agreements, either written or oral, and supercedes all provisions in the Transit Agreement to the extent of conflict. This agreement may be amended only by written instrument signed by both parties. 3.1 It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. Signed this day of ,2002. TEXAS WOMAN'S UNIVERSITY CITY OF DENTON By: Brenda Floyd, Vice President for Finance & Administration By: Euline Brock, Mayor ATTEST: ATTEST: By: By: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: By: General Counsel By: Herbert L. Prouty, City Attorney Page 2 of 3 G:\August 20, 2002\Backup\Tansit TWU Interlocal\3-AGR TWU Interlocal 03.doc EXHIBIT A Insert Route 5 & 6 Maps Here Page 3 of 3 G:\August 20, 2002\Backup\Tansit TWU Interlocal\3-AGR TWU Interlocal 03.doc Agenda 02-027 08/20/02 #14 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: August 20, 2002 Police Jon Fortune, Public Safety and Transportation SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Agreemem between the City of Denton and the DENCO Area 9-1-1 District for the purpose of establishing the Denton Police Department as the primary public safety answering point (PSAP) within the DENCO enhanced 9-1-1 system; and providing for an effective date. BACKGROUND The City of DeNon Public Safety Communications Section has acted as a DENCO 9-1-1 Public Safety Answering Poim (PSAP) for approximately twelve years. This Agreemem constitutes a renewal of the standard agreement with DENCO Area 9-1-1 District. DENCO agrees to provide all hardware, software, equipment, procedures, training, management, and maintenance for the 9-1-1 system. The City agrees to staff the PSAP with trained Telecommunicators on a twenty-four hour a day basis and allow access to the PSAP equipment at all times. Additionally, this Agreemem includes the installation of an ECS 1000 switch. DENCO currently maintains one switch for the entire County and intends to install one switch north of Lake Lewisville and one south of the lake so that, should one switch become inoperable, a backup will be present to accept and route calls from the local telephone company to the appropriate PSAP. The switch installed at the Police Department will serve the Denton County Sheriff's Office, Lake Dallas, UNT, TWU and Roanoke. RECOMMENDATION Staff recommends approval of the Agreement in order to ensure continued 9-1-1 service to its citizens. PRIOR ACTION/REVIEW The City's Legal Departmem has reviewed and approved the Agreemem as to form and content. FISCAL IMPACT There is no fiscal impact associated with this Agreement. Prepared by: Joanie Housewright Captain Support Services Division Respectfully submitted, Charles Wiley Chief of Police G:\August 20, 2002\Backup\Denco 911 Equipment Storage Agreement\2-ORD Denco 911 Agreement.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENCO AREA 9-1-1 DISTRICT FOR THE PURPOSE OF ESTABLISHING THE DENTON POLICE DEPARTMENT AS THE PRIMARY PUBLIC SAFETY ANSWERING POINT (PSAP) WITHIN THE DENCO ENHANCED 9-1-1 SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute an Agreement between the City of Denton and the Denco Area 9-1-1 District for the purpose of establishing the Demon Police Departmem as the Primary Public Safety Poim (PSAP) within the Denco Enhanced 9-1-1 System ("Agreemem"), a true and correct copy of which is attached hereto and incorporated by reference herein. SECTION 2: That the City Council authorizes the performance of the services as provided pursuant to the provisions of said Agreement. SECTION 3: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: G:\August 20, 2002\Backup\Denco 911 Equipment Storage Agreement\3-BU-Denco Area 911 .doc THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT TO SERVE AS A DENCO AREA 9-1-1 DISTRICT PUBLIC SAFETY ANSWERING POINT This Agreemem is made and emered imo this __ day of ,2002, by and between the Denco Area 9-1-1 District (hereinafter called Denco) and the City of DeNon (hereinafter called the "City") for the purpose of establishing the Police Departmem as the primary Public Safety Answering Poim (PSAP) within the Denco Enhanced 9-1-1 System. WHEREAS, in general, the City PSAP will be receiving 9-1-1 calls that originate from within its corporate boundaries. In some instances, however, the City PSAP will receive 9-1-1 calls for service that originate from areas outside its corporate limits. In any instance, without regard to the point origination of the 9-1-1 call, the City PSAP agrees to handle all 9-1-1 calls in accordance with procedures adopted by the City, Denco, and the statutes of the State of Texas; and WHEREAS, Denco Area 9-1-1 District is a duly organized political subdivision of the State of Texas engaged in providing the enhanced 9-1-1 equipment network for emergency services for the benefit of the citizens of Denton County; and WHEREAS, the City is a municipality engaged in the providing ambulance and emergency service and related services for the benefit of the citizens of Denton County; and WHEREAS, Denco Area 9-1-1 District and City mutually desire to be subject to the provisions of V.T.C.A. Governmem Code, Chapter 791, V.T.C.A. Health and Safety Code, Section 774.003 and other applicable statutes and contacts pursuant thereto. NOW, THEREFORE, Denco Area 9-1-1 District and City for the mutual consideration hereinafter stated, agree as follows: The City agrees that the 9-1-1 equipmem installed at the PSAP remains the property of Denco and that the City shall be responsible for any damage caused by other than normal wear and tear usage and/or loss. The City agrees that represematives of Denco shall be the only personnel authorized to maimain, modify, move or change the configuration of the 9-1-1 equipmem installed at the PSAP without written permission from Denco. This shall include the installation of software other than that approved in writing by Denco. o The City agrees to provide immediate, unrestricted access to Denco staff, or its agents, to all Denco owned equipment and the 9-1-1 telephone demarcation point. Furthermore, this access shall be provided without prior notification to the City and/or PSAP by Denco staff. The City agrees to provide PSAP operations on a twenty-four hour a day basis and to staff the PSAP with trained Telecommunicator(s) whose training meets the standards set by the City, Denco, and the State of Texas. o The City agrees to provide an alternate power source (generator) for the 9-1-1 equipment, to test this alternate source under load on a monthly basis, and to maintain such equipment in good working order. o The City agrees to participate in all equipment-training classes required by Denco. The salary of any personnel attending training shall be the responsibility of the City. o The City agrees to make reasonable modifications, such as providing the necessary dedicated electrical circuits and outlets, physical space, and any other reasonable requirements to allow for the installation of the 9-1-1 equipment. o The City agrees that certain information provided through the 9-1-1 system is confidential and agrees not to disclose information regarding specific wireless or wireline telephone companies or their customers to the public or others outside the PSAP without first contacting Denco. A specific telephone company may wish to oppose an open records request through means established in the Open Records Act. The type of information considered confidential will be covered during equipment training provided by Denco. The City agrees to comply with the attached guidelines, marked as Exhibit "A" and incorporated in this agreement for all purposes, for use of manual ALI Query and agrees to execute the attached letter, marked as Exhibit "B" attached hereto requesting the service from the 9-1-1 database provider. 10. The City agrees to report all 9-1-1 database and routing errors as they occur through the electronic means provided by Denco. 11. Denco agrees to provide and maintain the 9-1-1 hardware and software installed at the PSAP. Said hardware and software to remain the property of Denco. 12. Denco agrees to provide at the PSAP an alternate telephone system, with sufficient telephone numbers and instruments as agreed to by both the City and Denco, to receive 9- 1-1 calls in the event of a 9-1-1 system failure or overload. Denco will test the alternate system on a regular basis. 13. Denco agrees to provide PSAP management with procedures for reporting problems with the 9-1-1 system, including means for escalation. 14. Denco agrees to provide all database, network, and equipment management and maintenance for the 9-1-1 system. 15. Denco shall be responsible for the resolution of all 9-1-1 system errors. 16. Denco agrees to provide training for 9-1-1 telecommunicators, not to include payment for the telecommunicators' time, benefits, and travel. 17. The City agrees that 9-1-1 equipment, including, but not limited to, an ECS 1000 switch or any other Denco owned telecommunications equipment that is installed or placed at the PSAP location, shall not be removed, moved, or modified from its installed location or disconnected or modified or restricted in its operation without one hundred and eighty (180) days advance written prior notice to Denco for Denco to act on the change. The City agrees that it will give Denco one hundred and eighty (180) days advance written prior notice of the expiration of any lease that may be applicable to the PSAP location or of any sale of the PSAP location or of any proposed change or restructure of the PSAP location so that Denco will have one hundred and eighty (180) days to relocate or move the 9-1-1 equipment. The City agrees to maintain power supply and temperature control until Denco makes the change. II. City agrees to and accepts full responsibility for the acts, negligence and/or omissions of all City's officers, employees and agents. III. Denco agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Denco's officers, employees and agents. IV. This Agreement represents the entire and integrated agreement between Denco and City and supercedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both parties. go The laws of the State of Texas hereto, shall govern this Agreement and any of its terms or provisions, as well as the rights and duties of the parties. VI. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extended said authority have been duly passed and are now in full force and effect. VIII. The effective date of this Agreement shall be the day of ,2002. Denco Area 9-1-1 District: City: By: By: Michael L. Pedigo, Executive Director Michael A. Conduff, City Manager Acting on behalf of and by the authority Of the City of Denton, Texas. By authority of Council action dated: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EXHIBIT A MANUAL ALI QUERY DESCRIPTION: Manual Ali Query is a service that allows a telephone number to be manually input at an E9-1-1 answering position and cause the retrieval and display of the Automatic Location Identification Record of the number for the E9-1-1 database. GUIDELINES: Manual AL1 Query_ May Be Provisioned Under The Conditions · The 9-1-1 customers must apply for the feature in writing. The application shall include acknowledgement by the 9-1-1 customer and the PSAP(s) of these guidelines and tariff provisions related to ALI access. · The PSAP must be equipped with CPE that is compatible with the FT/ALI host computer using the existing protocol for identifying manual queries. · Any information obtained from the E9-1-1 ALI database in connection with an emergency call shall be used solely for the purpose of handling and responding to emergency calls in a manner consistent with the nature of the emergency. · Any permanent record associating a subscriber's telephone number with his name or address shall be secured by the PSAP and disposed of in a manner that will retain that security. · Use of this feature and the information obtained is restricted to circumstances where quick response to an in-progress emergency would be aided by having the ALI data for a telephone number associated with the emergency situation. EXHIBIT B SAMPLE APPLICATION LETTER- FOR NON-SWBT PROVIDED CPE AT PSAP Dear SWBT: This letter is to request Southwestern Bell Telephone Company to enable the "Manual ALI Query" feature at The 9-1-1 premise equipment provided by at this PSAP has been configured to allow manual queries, and is compatible with the manual ALI query protocol of the SWBT FT/ALI system. It is further acknowledged that a test of the compatibility with the FT/ALI protocol shall be performed with the participation of SWBT personnel in conjunction with the activation of this feature, and that SWBT shall have ongoing access to the PSAP for testing when required to resolve maintenance issues. This PSAP needs to be able to query ALI records with the community of defined in your 9-1-1 database as ESN(s) and the City/County of Demon operator/user of the PSAP, fully understand and agree to comply with the terms and conditions contained in Southwestern Bell's E9-1-1 service tariff (Sec. 34, Gen. Exch. Tariff) and the conditions specified in Southwestern Bell's letter to ACSEC dated November 28, 1995 under which this feature may be provisioned. Acknowledgment signatures by authorized representatives of contracting 9-1-1 agency and PSAP: Name Name Title Title Agency Agency Date Date Agenda 02-027 08/20/02 #15 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 20, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Cary Tower 349-8424 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of a Tractor Loader/Backhoe; providing for the expenditure of funds therefore; and providing an effective date (Bid 2786- Earthmoving Equipment item 4 awarded to RDO Equipment Company in the amount of $78,973). BID INFORMATION This bid is for the purchase of a group of earthmoving equipment including a Motor Grader Wheeled Loader, Crawler Dozer and Tractor Loader/Backhoe. The original award was made by Council in April 2002 for one of each item. We are now asking approval to purchase a second Tractor Loader/Backhoe, item 4, on Bid 2786. The additional unit will be assigned to the Drainage Division. The lowest responsible bidder has agreed to extend bid pricing, and to accept an order for a second unit. in addition to the bid price, $14,952.78 in optional equipment including a 1000 lb hydraulic hammer attachment, auxiliary hydraulics with guide coupler, and six-function control valve is included. PRIOR ACTION / APPROVAL Council approved the purchase of one similar unit on April 2, 2002. RECOMMENDATION We recommend this second Tractor Loader/Backhoe be approved and awarded to the lowest responsible bidder in the amount of $64,020.22 plus $14,952.78 for optional equipment. As with the unit approved in April, this Tractor Loader/Backhoe will also carry a $25,000 buy back agreement at the end of 36 months. PRINCIPAL PLACE OF BUSINESS RDO Equipment Company Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This unit can be delivered within 80 days of receipt of an order. Agenda Information Sheet August 20, 2002 Page 2 FISCAL INFORMATION Funding for this equipment will come from Motor Pool account (810001.8535). EXHIBITS Tabulation Sheet Letter of Agreement from RDO Equipment Company 1-AIS-Bid 2786 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent W I- Z LU l- Z LU Z 0 ATTACHMENT 2 F~U~ED. DRIYEN. ~uly 10, 2002 City of Denton Mr, Tom Shaw 901-B Texas Street Denton TX 76209 De~r Mr. Shaw: RDO Equipment would be glad to honor the John Deere 4100 price on the Bid Number 2786 dated Febru~ 21, 2002, Original bid price of: *With Buy-back agreement 36 months/5000 hours $25,000.00 - Ride Control - Auxiliary Hydraulics - $i~ Function Valve - 1000 Lb. Okad~ H~nmer - Installed with Foot Switch - Controls & Quick Coupler $64,020.22 $14,952,78 TOTAL PRICE Please feel tree to give me a call if you have sny quesfious, Sincerely, Account Manager $78,973.00 DALLAS PT, WORTH W&CO SAN ANTONIO 3230 E Airpor~ Fe#y ~02~ NW Hwy 287 IH35 QFM 2113 5400 N P~ Am Expwy I~ng,~ 7~62 HW~h,~ 761~ PO8~ 128 S~n Antonl~ 78218 O~) 43846~ (a I~ 232-80g4 Ho~ 76643 ~ I 0) 661-63~ MANOR 8000 Blue Goose Rd Manor, TX 78653 (512) 2724~41 (8OO) 775-3838 FAX ($'12) 272.9365 LAREDO RR #3 Larea~TX 7~3 ~$&) 718-1')04) FAX (~$6) 718.2C~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRACTOR LOADER/BACKHOE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2786- EARTHMOVING EQUIPMENT ITEM 4 AWARDED TO RDO EQUIPMENT COMPANY IN THE AMOUNT OF $78,973). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 2786 RDO Equipment Company $78,973 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2786 Eaxthmoving Equipment Agenda 02-027 08/20/02 #16 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: August 20, 2002 Planning & Development Dave Hill, 349-8314 J~'~' SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas authorizing an additional expenditure of $1,191,871.00 for outdoor aquatic facilities associated with the Imerlocal Agreemem between the City of Denton and the Denton Independent School District for the construction of an aquatic center; and providing an effective date. BACKGROUND The Imerlocal Agreemem (Exhibit B) approved by the City Council and the School Board in May 2001 relates to the design and construction of the aquatic center. Section 7.2, Project Construction Costs, allows for increases in construction costs over the original funding level of $4,000,000. The additional $1,191,871 requested in this ordinance will fund the addition of the indoor teaching pool, cominuous river, larger bathhouse and an expanded children's play pool. These elemems are included in the original concept plan that was reviewed and approved by the City Council, subject to available funding. On December 19, 2001, the City Council and School Board agreed to share the cost of an indoor Teaching Pool that would provide educational value to the students of DISD, recreational value through increased programming for the citizens of DeNon and increase the opportunity for revenue generation year-round. At that meeting, staff was directed to determine appropriate funding sources for this expenditure. This was accomplished with the sale of $800,000 in Certificates of Obligation in FY 2001-02. In addition, the DeNon Parks Foundation initiated a fund-raising effort in the community to build the continuous river and other water activity elements at Water Works Park. To date, the Foundation has raised approximately $245,000. This amoum will fund a portion of the cominuous river. The remaining balance is requested through the expenditure of Park Land Development Fund interest earnings and Park Bond funds to be used for parking lot and pedestrian walkway construction. The continuous river is a critical element in the success of the aquatic center. It will increase the participam capacity of Water Works Park by 800, and is considered one of the key elemems in the design. In addition to the slide tower, and children's play area, the cominuous river will round out a diverse offering of recreational elemems. Because the participam capacity of Water Works Park will be increased, additional bathhouse facilities are required. The expanded children's play pool will offer additional water play elemems, providing a more diverse range of activities for pre-school and elememary age children. In addition to the recreational value afforded to the community by the elements, revenue generation is significantly increased as well. To reduce the impact on the operating budget of both the City of Denton and DISD, the business plan for Water Works Park presents a strategy where revenue collected through general admission, rentals, sponsorships, special events and concessions offsets expenditures at the facility. This "break-even" strategy adopted by both the City and DISD assumed the construction of the continuous river. Its addition, along with the expanded children's play pool will greatly increase the marketability and revenue generation potential of the facility. OPTIONS City Council may take any of the following actions: 1. Approve the ordinance to approving funding of additional elements. 2. Deny approval of the ordinance RECOMMENDATION Staff recommends approval of this ordinance to allow added recreational value at Water Works Park and to provide additional revenue generation capability. ESTIMATED PROJECT SCHEDULE Water Works Park is scheduled to open Memorial Day weekend 2003. PRIOR ACTION/REVIEW The City Council approved the Interlocal Agreement with DISD on May 15, 2001. An amendment to the Interlocal Agreement covering Operations was approved by City Council on May 14, 2002. FISCAL INFORMATION Funding for this expenditure come from the following sources: $800,000 - Certificates of Obligation FY 2001-02 for Teaching Pool $ 50,000 - Park Land Development Fund Interest Earnings $341,871 - Bond Funds (various accounts) ATTACHMENTS 1. Ordinance 2. Interlocal Agreement approved 5-15-01 Prepared By: Janet Simpson, Assistant Director Parks and Recreation Department Respectfully submitted: Ed Hodney, Director of Parks and Recreation ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES OF $1,191,871.00 ASSOCIATED WITH THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION OF AN AQUATIC CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton and Denton Independent School District ("DISD") have entered into that certain Interlocal Agreement dated May 15, 2001 pertaining to the construction of an Aquatic Center consisting of a Natatorium and Outdoor Aquatic Facilities (the "Interlocal Agreement"); and WHEREAS, pursuant to the Interlocal Agreement DISD has entered into a construction contract (the "Construction Contract") with Charter Builders (the "Construction Manager"); and WHEREAS, in procuring the Construction Contract the City requested that alternates be added for a continuous river, expanded children's play pool, and a larger bath house (the "Alternates"); and WHEREAS, the cost of the Alternates is $636,871.00; and WHEREAS, the Denton Park Foundation is contributing $245,000.00 toward the cost of the Alternates thereby requiring a contribution of $391,871.00 for the Alternates (the "Expenditure for the Alternates"); and WHEREAS, the Interlocal Agreement provides that any increase in cost clearly identifiable and allocable to the outdoor Aquatic Facilities will be the responsibility of the City; and WHEREAS, the City Council finds that the costs associated with the Alternates are clearly identifiable and allocable to the Outdoor Aquatic Facilities; and WHEREAS, at a prior City Council work session, the Council directed City staff to take necessary steps to increase the City's share of the Cost for the Natatorium by $800,000.00 (the "Expenditure for the Natatorium"); WHEREAS, the City Council finds that the Expenditure for the Alternates and the Expenditure for the Natatorium are in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated into the body of this Ordinance. SECTION 2. The Expenditure for the Alternates and the Expenditure for the Natatorium are hereby authorized. The City Manager, or his designee, is authorized to execute any document on behalf of the City to evidence this authorization, including any amendment to the Interlocal Agreement. SECTION 3. passage and approval. This ordinance shall become effective immediately upon its PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S:\Our Documents\Ordina~ces\02kAquatic Center Supplemental Expenditure.doc INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the DENTON INDEPENDENT SCHOOL DISTRICT (hereinafter "DISD"), organized and existing under the laws of the State of Texas, and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY"), acting by and through, and under the authority of their respective governing bodies; and WHEREAS, the DISD and CITY are local governmental entities both of whom have the authority to perform the services set forth in this Agreement individually and who mutually desire to enter into an interlocal agreement, which is authorized by Chapter 791 of the Texas Government Code (Vernon I994), Section 45.109 of the Texas Education Code, and Chapter 332 of the Texas Local Government Code, in order to maximize the benefits derived from each taxpayer dollar; and WHEREAS, the DISD is the owner of that certain tract of real property situated within the boundary of the DISD, and which is more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the DISD and CITY desire to provide for the construction of Aquatic Facilities consisting of a Natatorium and outdoor swimming pool and related aquatic facilities (the "Aquatic Facilities") on the Property including infrastructure necessary to serve the Aquatic Facilities; and WHEREAS, the DISD and CITY desire to pool their resources, avoid unnecessary or dupticitous expense, and take advantage of maximizing economies of scale, resulting in cost savings to their respective taxpayers; and WHEREAS, the DISD and the CITY desire to provide for the maintenance and operation of the Aquatic Facilities once completed; and WHEREAS, this Agreement serves important public purposes in providing for aquatic recreational and educational activities for the constituents of the DISD and CITY; and WHEREAS, the DISD and CITY agree that ali payments made in connection with the governmental functions provided for by this Agreement shall be made from current revenues available to the paying party and the payments received are adequate and fairly compensate the parties for the services p¢i~formed, except that the parties agree and understand that the CITY will not have their funds available until November 1,2001; and WHEREAS, the Intertocal Cooperation Act, now contained in Chapter 791 of the Texas Government Code (VernOn 1994), authorizes the DISD and CITY to enter into this Agreement for the purpose of achieving the governmental functions and providing the services represented by this Dcnton Independent School Disn'ict & City of Denton Interloca~ Cooperation Agreement Page t collective, cooperative undertaking. NOW THEREFORE, the DISD and CITY, for and inconsideration of the premises and the mutual covenants set forth herein do hereby AGREE as follows: ARTICLE i INCORPORATION OF PREAMBLES Ail matters and recitations stated in the preamble of tiffs Agreement are tree and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. ARTICLE II PURPOSE The purpose of this Agreement is, as described in the preamble, to evidence the agreement of the DISD and CITY to provide for the design, construction, operation, management, maintenance and financing of the Aquatic Center (hereinafter sometimes called the "Project') and being generally described in Exhibit "B" attached hereto and incorporated herein by reference. ARTICLE III TERM The term of this Agreement shall commence on the date on which all parties hereto have executed this Agreement (the "Effective Date") and shall continue unti 1 terminated in accordance with Article X. ARTICLE IV DEFINITIONS The following terms shall have the meanings set forth below: Aquatic Center- shall mean the Natatorium, Outdoor Aquatic Facilities, Parking Facilities, Landscaping and Infrastructure for the Project as set forth in Section 6.2 of this Agreement. Natatorium- shall have the meaning set forth in Section 6.2 of this Agreement. Outdoor Aquatic Facilities- shall have the meaning set forth in Section 6.2 of this Agreement. Denton Independent SchooI District & City of Denton Interlocal Cooperation Agreement Page 2 Preliminary Concept Plan or Schematic Design- shall have the meaning set forth in Section 6. i of this Agreement. Project- means the design, construction, maintenance and usage of the Aquatic Center. ARTICLE V PROJECT SITE 5.1. Project Site. Unless otherwise provided and agreed by an amendment to this Agreement, the DISD shall construct the Aquatic Center to be located on the Property. DISD shall convey to the CITY by separate instrument a one-half undivided interest in the Property for the a price of $5000.00 per acre. The DISD and CITY shall enter into a separate real estate agreement to provide for the sale and purchase of the undivided interest in the Property. 5.2. Waiver of Right of Partition. Each party hereto agrees to waive any fights to partition the Property, whether by partition in kind or by sale and division of the proceeds, and further agrees that it will not resort to any action in taw or in equity to partition the Property. The covenants contained in this Section 5.2 shall survive termination of this Agreement. ARTICLE VI PROJECT DESIGN 6.1. Preliminary Concept Design~ The CITY has previously paid for and selected, and DISD has approved, the use of Schrickel, Rollins and Associates, Inc. (the "Architect") in association with VLK Architects, Inc. and Aquatic Design Group to prepare a Preliminary Concept Design (also called the Schematic Design ) for the Project, a copy of which is attached as Exhibit "B". 6.2 Project Composition. As shown by the Schematic Design the Project consists of the following: Natatorium-The Natatorium is the indoor swimming facility containing (1) a competition swimming pool, (2) a recreation swimming pool, (3) competition seating, (4) office space, (5) showers and locker rooms, (6) storage facilities, (7) concession areas, (8) associated mechanical/chemical/pump areas, and (9) restrooms. Outdoor Aquatic Facilities-The Outdoor Aquatic Facilities are the outdoor swimming facility containing (1) recreation areas designated as (a) a continuous current channel, (b) two outdoor swimming pools, (c) pavilions, and (d) volleyball court, (2) mechanical/chemical areas, (3) restrooms, (4) entrance gates, (5) lounging areas, and (6) green areas. c. Parking Facilities-The Project, as shown by the Schematic Design, has a parking lot Denton Independent School District & City of Denton lnterlocal Cooperation Agxeement Page 3 with a capacity of 331 parking spaces and bus drop-off areas. Infrastructure- The Project includes infrastructure to serve the Aquatic Center, including, water, sanitary sewer, drainage, and street facilities. Landscaping- The landscape improvements as shown on the Preliminary Concept design and as may be added to the final design of the Project. 6.3. Final Design. The DISD shall enter into an additional agreement with the Architect to provide for the Design Development, preparation of the Working Drawings and Construction Documents, Bidding Phase, and Construction of the Project. The final design and approved plans and specifications of the Project shall require the approval of the DISD and CITY. As provided for below, the DISD shall be responsible for the construction phase of the Project. 6.4. Compliance with Laws. The DISD shall comply with all applicable taws, regulations and rules in the design and construction of the Project and shall periodically consult with designated CITY representatives in connection with the design of the Project and shall provide to CITY representatives a copy of the Working Drawings and Construction Documents. 6.5. Project Schedule. The Project shall be designed and constructed in accordance with the schedule set forth in Section 7.6 below (the "Project Schedule"). Each party acknowledges that the time parameters include construction which is generally beyond the control of DISD and the Architect. 6.6. CITY Participation. A CiTY representative shall be notified and be allowed to participate in all regularly scheduled meetings between DISD, the Architect, and Construction Manager, which involve the Project Design. ARTICLE VII PROJECT CONSTRUCTION 7.1. Construction Procurement. The DISD shall cause the approved plans and specifications to be submitted for construction procurement through the Construction Manager at Risk procurement procedure as authorized by Chapter 44 of the Texas Education Code. Such contract and other construction contracts awarded thereunder shall be between the DISD and the construction manager and construction contractors. The CITY shall not be a party to such contracts. However, prior to awarding such construction contracts the mount of such contracts shall be submitted to the CITY for its review and approval of the amounts thereof. 7.2. Proiect Construction Costs. The DISD shall be responsible for all of the direct payments of Project costs of design, construction, and equipment to the construction manager, contractors and Architect. As provided in Section 8.2 below, the CITY shall reimburse the DISD for the CITY's share of such costs in a total amount not to exceed $4,000,000.00 (this does not include the CITY's Denton Independent School District & City of Denton interloca[ Cooperation Agreement Page 4 purchase price for the Property), unless the total Project construction costs exceed $9,000,000.00 (the "Maximum Costs"). If it appears that the total Proj eot construction costs will exceed the Maximum Costs then the parties hereto shall consult with each other and determine whether the Project may be redesigned so as to bring the Project within the Maximum Costs. If the parties determine that such redesign is unfeasible, either party may prior to the award of any construction manager or construction contract either terminate this Agreement or amend this Agreement to equitably apportion such excess costs between the parties. After the award of the Construction Manager at Risk contract the parties shall apportion between the parties any increase in the cost of the Project on the basis of DISD being responsible for costs clearly identifiable and allocable to the Natatorium and CITY being responsible for costs clearly identifiable and allocable to the Outdoor Aquatic Facilities, and DISD and CITY being equally responsible for costs incapable of being identifiable and allocable to one or the other of the facilities. In the event of termination of the Project after the awarding of the Construction Manager at Risk contract, but prior to the Notice to Proceed with construction CITY shall reimburse the DISD that portion of the costs, including but not limited to Architect's fees and Construction Manager expenses, identifiable and allocable to the Aquatic Park and outdoor swimming facilities, and one- half (½) of the costs, including but not limited to Architect's fees and Construction Manager expenses, incapable of being identifiable and allocatable to one or the other of the facilities, after deducting the costs paid by the CITY for the Preliminary Design Concept. In the event of termination of the Project after the Notice To Proceed with construction has been given CiTY shall reimburse the DISD that portion of the costs, including but not limited to Architect's fees, Construction Manager expenses, contractor's fees and expenses, and materials costs, identifiable and allocable to the Outdoor Aquatic Facilities, and one-half (½) of the costs, including but not limited to Architect's fees, Construction Manager expenses, contractor's fees and expenses, and materials costs, incapable of being identifiable and allocable to one or the other of the facilities, after deducting the costs paid by the CITY for the Preliminary Design Concept. 7.3. Architect's Agreement, Construction Manager and Construction Contracts. The DISD's agreement with the Architect, the construction manager contract and each construction contract shall provide that: (i) the CITY is a third party beneficiary of all representations and warranties made by Architect, construction manager and construction contracts; (ii) the Architect, construction manager and contractors shall look solely to the DISD for any payment due them; and (iii) the Architect, construction manager and contractor each recognize and agree that the CITY shall have no obligation (express, or implied, direct or indirect) for the performance of the obligations of the DISD under such contracts. 7.4. Permits. DISD shall obtain and pay the fees for all permits and approvals, including Denton Independent School District & City of Denton ][nterlocal Cooperation Agreement Page 5 impact fees, required by any applicable governmental authorities for the design and construction of the Project. DISD and CITY acknowledge and agree that these fees are part of the total construction cost and CITY shall reimburse DISD for its proportionate share as set out herein. 7.5. CITY Inspection Rights. It is intended that the Property will be annexed into the City of Denton. However, should construction begin prior to annexation the CITY shall be entitled to enter upon the Project Site to inspect the progress of the construction and equipment of the Project, provided the CITY and its representatives do not interfere with the contractors. During constmction of the Project the DISD will'provide the CITY with copies of all written construction progress reports received from DISD's contractors and representatives. 7.6. Completion of Project. Subject to the Events of Force Majeure, construction of the Project is intended to be completed in accordance with the Project Schedule. The Project Schedule is as follows: October 15, 2001 August 15, 2002 November 2002 April 1, 2003 May 24, 2003 Construction Begins Natatorium Opens for DISD use (Substantial Completion) Natatorium Opens for Public use Outdoor Aquatic Facilities Construction Substantially Complete Outdoor Aquatic Facilities Open to public 7.7. CITY Participation. CITY shall designate a representative who shall be informed of and shall have the fight to attend all construction progress meetings between DISD, the Architect, and the Construction Manager, or any combination of such individuals. ARTICLE VIII. CITY COST PARTICIPATION 8.1. CITY Total Cost. . The CITY shall pay the DISD the CITY's share of the costs as provided herein, to be paid as provided in Section 8.2 below. 8.2. CITY Reimbursement. Beginning October 15,2001 CITY shall reimburse the DISD for CITY's share of the Project costs as provided herein, which have been actually paid by DISD, or incurred, and shall thereafter until completion of the Project reimburse DISD for all construction costs and expenses identifiable and allocable to the Outdoor Aquatic Facilities, and one-half(½) of the construction costs and expenses, including but not limited to Architect's fees and Construction Manager expenses, incapable of being identifiable and allocable to Outdoor Aquatic Facilities. Such reimbursements shall be made within 30 days of receiving from DISD a legible copy of the Project Architect's Certificate for Payment, and Architect's and Construction Manager's opinion as to whether the costs and/or expenses are allocable to the Natatorium or Outdoor Aquatic Facilities, or both. Said reimbursement shall not exceed $4,000,000.00 or the CITY's adjusted share as provided herein. Denton Independent School District & City of Denton Interlocal Cooperation Agreement Page 6 8.3 DISD reimbursement. At the time of the CITY's first reimbursement to DISD as provided for in Section 8.2, the CITY shall be given a credit of $55,750.00 against such reimbursement, which is one half of the cost of the Preliminary Concept Plan which was previously paid for by the CITY. ARTICLE IX. PROJECT OPERATION 9.1 Project OperationandManagement. During construction and until completion and acceptance of the Project, the DISD shall exclusively manage and maintain the Project. Alter completion and acceptance of the Project the CITY shall exclusively operate, maintain, and manage the Aquatic Center. The City Manager of the CITY shall provide the day to day administration, management and operation of the Aquatic Center. Prior to completion of construction of the Natatorium, DISD and CITY shall enter into a separate agreement to provide for operation, maintenance and usage of the Aquatic Center. Such agreement shall allow for joint usage of the Aquatic Center. Such agreement shall provide for the equitable sharing of the costs for such administration, management and operation of the Aquatic Center between the City and DISD. 9.2 Insurance and Risk of Loss: CITY and DISD shall each maintain in full force and effect, insurance coverage providing liability coverage for the construction and operation of the Aquatic Facilities and any incidents occurring on the Projeet Site. DISD shall be deemed the primary insurer of the Natatorium and associated indoor swimming facilities, and CITY shall be deemed the primary insurer of the Outdoor Aquatic Facilities and associated outdoor swimming facilities. The City shall maintain property and casualty insurance for the Aquatic Center upon completion of the construction of Project which cost shall be divided equally between the CITY and DISD. DISD' s share of such insurance cost shall be reimbursed to the CITY as an operation expense and will be provided for under the Operation and Management Agreement mentioned in Section 9.1 above. During construction of the Project DISD shall make provision in the construction documents that the construction manager or construction contractors shall provide such insurance coverage as a part of the construction costs. The property and casualty insurance shall be in an amount sufficient to replace, and fully cover, any loss or damage to the Aquatic Center, and all associated facilities. The liability coverage shall be in an amount of not less than $1,000,000.00 per occurrence for injury to persons (including death) and for property damage or destruction. The insurance policy or policies required herein shall name the CITY and DISD as co-insureds. 9.3 Casualty: If the Projeet should be damaged or destroyed to the extent that the estimated costs of repairs, replacement or reconstruction is not more than one hundred percent (100%) of the aggregate amount of the proceeds from property damage insurance carded and covering the costs of the repairs, replacement or reconstruction of the Project, the parties, unless otherwise agreed, shall repair, replace or reconstruct the Project to substantially the same general character or use as the original. 9.4 Use of Insurance Proceeds: In the event any damage or loss occurs to the Aquatic Center, Denton Independent School District & City of Denton Interlocal Cooperation Agreement Page 7 which results in the payment of insurance monies for said loss or damage, said fimds shall be used to repair or replace the damage or otherwise restore the property to its original condition. In the event insurance monies are received in excess of the amount required to repair or replace the damage or toss, said excess shall be maintained in a separate escrow account to be held for future damages, losses, repairs or maintenance of the Aquatic Center. In the event the Aquatic Center or other structure located on the Project Site is deemed to be a total loss and the parties make a determination not to repair or restore the loss or damage, the insurance proceeds shall be apportioned between DtSD and CITY with DISD being allocated all monies resulting from the loss of the Natatorium and CITY being allocated all monies resulting from the loss of the Outdoor Aquatic Facilities, and with all other monies being divided between CITY and DISD equally. ARTICLE X. TERMINATION ' 10. i This agreement terminates upon the following: a. by mutual written agreement of the parties; b. by termination under Section 7.2 of this agreement; by either party, ifa party defaults or breaches any of the terms or conditions of this agreement and such default or breach is not cured within sixty (60) days after notice by the non-defaulting party to the defaulting party; do on the fifty (50) year anniversary date of the issuance of a certificate of occupancy for the Project. 10.2 Remedies: The non-defaulting party may after notice and right to cure has expired seek specific performance of this agreement, or monetary damages in the event of breach of this agreement. 10.3 Early termination: If this agreement is terminated prior to connnencement of construction of the Project, in addition to the reimbursement of the costs as provided in Section 7.2, the City's undivided interest in the Property shall be conveyed back to DiSD for the price provided for in Section 5.1. 10.4 Option to purchase: If this agreement is terminated after completion of construction of the Project, the non-defaulting party if termination is pursuant to subsection 10.1 (c), or either party, if termination is pursuant to subsections 10.1 (a) or (b), shall have the option to purchase the other party's undivided interest in the Property, which includes all improvements to the Property. The option to purchase shall be exercised by giving written notice of intent to exercise the option to the other party no later than 60 days after termination if termination is under subsection 10.1 (c), and no Denton Independent School District & City of Denton lnterk)cal Cooperation Agreement Page 8 later than 180 days prior to termination if termination is under subsections 10.1(a) or (b). The purchase price for the option shall be determined as follows. Within 60 days after notice of intent to exercise the option is given, the exercising party, at its sole expense, shall give the other party a copy ora real estate appraisal prepared by an independent certified real estate fee appraiser holding a MAI designation from the National Society of ReaI Estate Appraisers, which provides an opinion of the fair market value of the other party's undivided interest in the Property. tf the other party is satisfied with said opinion, the option to purchase shall be consummated within 60 days after delivery of the appraisal. If the other party is not satisfied with such opinion of value, then it shall provide the exercising party a second appraisal within 30 days after receiving the first appraisal. The second appraisal shall be prepared by an independent certified real estate fee appraiser holding a MAI designation from the National Society of Real Estate Appraisers, which provides an opinion of the fair market value of the non-exercising party's undivided interest in the Property. If the first and second appraisal do not vary by more than 20%, then the option price shall determined by averaging the two appraisals, and the purchase shall be consummated within 40 days thereafter. If the appraisals vary by more than 20%, then the two appraisers will attempt to agree on the fair market value of the undivided interest. If they are able to agree within 20 days after the second appraisal is delivered, then the exercising party shall have the option to purchase the other party's interest for either the average of the two appraisals or the agreed upon value, which purchase shall be consummated within 20 days thereafter. If the appraisers are unable to agree within said 20 day period, then they shall select a third appraiser who shall examine the two appraisals and arrive at an opinion of value within 20 days thereafter. In such case the exercising party shall have the option to consummate the purchase of the other's undivided interest for either the average value of the first two appraisals or the opinion of value of the third appraiser, which shall be consummated within 20 days after the delivery of the third opinion of value. ARTICLE XI. MISCELLANEOUS 11. i Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid Certified Mail Return Receipt Requested, or facsimile transmission and addressed to the respective parties as follows: If intended for CITY: City of Denton Attn: City Manager 215 E. McKinney Denton, Texas 76201 Fax: 940-349-8596 With copy to: City Attorney City of Denton Denton Independent School District & City of Denton Interlocal Cooperation Agreement Page 9 215 E. McKinney Denton, Texas 76201 Fax: 940-382-7923 If intended for DISD: Superintendent Denton Independent School District 1307 North Locust Denton, Texas 76201 With copies to: Executive Director of Budget and Finance Denton Independent School District 1307 North Locust Denton, Texas 76201 Executive Director of Operations Denton Independent School District 230 Mayhill Road Denton, Texas 76205 11.2 Governing Law: The validity of this agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this agreement shall be in the Courts of Denton County, Texas. 11.3 Entire Agreement: This agreement represents the entire agreement among the parties with respect to the subject matter covered by this agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this agreement. 11.4 Exhibits: All exhibits to this agreement are incorporated herein by reference for alt purposes wherever reference is made to the same. 11.5 Recitals: The recitals to this agreement are incorporated herein. 11.6 Amendment: This agreement may be amended by the mutual written agreement of all parties hereto. 11.7 Severability: In the event any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Denton Independent School DisWict & City of Denton Interlocal Cooperation Agreement Page 10 agreement. 11.8 Counterparts: This agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 11.9 Non-Assignabi!i _ty; Except as otherwise provided herein, no party to this agreement may sell, assign, or transfer its interest in the Project, or any of its rights, duties, or obligations hereunder without the prior written consent of the other party. 11.10 Consents: Whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay or deny such consent or approval. 11.11 Good Faith Negotiation; Dispute Mediation: Whenever a dispute or disagreement arises under the terms of this agreement the parties agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved, the parties shall refer the matter to outside mediation prior to engaging in litigation. 11.12 Waiver of Claims: Each party shall have no remedies against the other party for tortuous conduct arising out of the ownership and operation of the Project, or any portion thereof. 12.13 Indemnification: Except to the extent that DISD or CITY has governmental' immunity and then only to the extent permitted by applicable law, the CITY agrees to indemnify and defend DISD, its trustees, officers and employees, against any and all claims, demands, causes of action, costs and liabilities, including reasonable attorneys fees and court costs, arising out of, or resulting from the CITY's negligent act or omissions pertaining to its operation of the Aquatic Facilities under this agreement. Except to the extent that DISD or CITY has governmental immunity and then only to the extent permitted by applicable law, DISD agrees to indemnify and defend the CITY, its council, officers, agents and employees, against any and all claims, demands, causes of action, costs and liabilities, including reasonable attorneys fees and court costs, arising out of, or resulting from DISD's negligent acts or omissions pertaining to DISD use, (including DISD sponsored events or activities), of the Aquatic Facilities by DISD, its officers, agents, employees, students and invitees under this agreement while acting in the above capacities. In the event of joint and concurrent negligence of both DISD and CITY, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party under Texas law and without waiving any defense of the parties under Texas law. The provisions of this Section are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise to any third person or entity. Each party shall be responsible for any property damage to the Aquatic Facilities and any related facilities and equipment caused by such party, its officers, agents, employees, and invitees during such party's use of the Aquatic Facilities. 11.14 Force Maieure: Events of Force Majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, Denton Independent School Dislrict & City of Denton Interlocal Cooperation Agreement Page 11 riot, civil commotion, insurrection, government or de facto governmental action (unless caused by acts or omissions of the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns or work stoppages. ARTICLE XII. REPRESENTATIONS, WARRANTIES AND COVENANTS 12.1 Representations, and Warranties of the CITY. The CITY hereby represents and warrants to DISD that the following statements are tree as of the date of execution. Due Authority: No Conflict. The CITY has all requisite power and authority to execute this agreement and to carry out its obligations hereunder and the transactions contemplated hereby. This agreement has been, and the documents contemplated hereby will be, duly executed and delivered by the CITY and constitute legal, valid and binding obligations enforceable against the CITY in accordance with the terms. The consummation by the CITY of the transactions contemplated hereby is not in violation of or in conflict with, not does it constitute a default under, any of the terms of any agreement or instrument to which the CITY is a party, or by which the CITY is bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority. ~ation. Them are no pending or, to the best knowledge of the CITY, threatened, judicial, municipal or administrative proceedings, consent, decreed or judgments which might effect the CITY's ability to consummate the transaction contemplated hereby. The CITY hereby covenants to comply with all laws, ordinances and regulations of and agreements with or obligations to any federal, state, municipal or other governmental body as may apply to the performance of the CITY's obligations hereunder. 12.2 DISD's Representations and Warranties. DISD represents and warrants to the CITY that the following representations and warranties are tree as of the date of execution. Due Authority: No Conflict. DISD has all requisite power and authority to execute this agreement and to carry out its obligations hereunder and the transactions contemplated hereby. This agreement has been, and the documents contemplated hereby wilt be, duly executed and delivered by DISD and constitute legal, valid and binding obligations enforceable against DISD in accordance with the terms. The consummation by DISD of the transactions contemplated hereby is not in violation of or in conflict with, nor does it constitute a default under, any of the terms of any Denton Independent School District & City of' Denton Interlocal Cooperation Agreement Page 12 agreement or instrument to which DISD is a party, or by which DISD is bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority. Litigation. There are no pending or, to the best knowledge of DISD, threatened, judicial, municipal or administrative proceedings, consent, decreed or judgments which might effect DISD's ability to consummate the transaction contemplated hereby. DISD hereby covenants to comply with all laws, ordinances and regulations of and agreements with or obligations to any federal, state, municipal or other governmental body as may apply to the performance of DISD's obligations hereunder. 12.3 Survival. Each of the provisions contained in this Article shall survive termination. IN WITNESS WHEREOF, the Denton Independent School District has caused this Interlocal Agreement to be executed by its duly authorized President of the Board of Trustees; and the City of Denton, Texas has caused this Interlocal Agreement to be executed by its duly authorized Mayor on .this the /,6-~day of .c~~ ,2001. DENTON INDEPENDENT SCHOO~STRICT ATTEST: Jean B. Schaake, Member of the Board of Trustees CITY OF DENTON By: ~ Euline Brock, Mayor Denton Independent School District & City of Denton Interlocal Cooperation Agi'eement Page 13 ATTEST: Jenni~it'Wklttei's, ~2ity Secretary APPROVED AS TO LEGAL FORM: He:rbe-~. ~ey S:\Our Documents\Contracts\01 \Aquatic Interl0cal 5-02-01.d0c Denton Independent School Disa'ict & City of Denton Interlocat Cooperation Agreement Page 14 EXHIBIT A r..T - -i-l-I TiTh. TI-.,q Tn '1 J.: Ii iP-,:l) q r J ]] ~.lJ ] t_/ \l ' t ll=J I Li ,'~"~ .... l?--* 5, - -~-- i [ I nr il EXHIBIT "B" PRELIMINARY CONCEPT DESIGN , co,cF-~ DENTON AQUATIC' CEN'EE~ Agenda 02-027 08/20/02 #17 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: August 20, 2002 City Manager's Office Michael Conduff, City Manager SUBJECT Consider a request for an Exception to the Noise Ordinance for the purpose of construction on the Denton Aquatic Center by Charter Builders, LTD beginning immediately through October 11, 2002 during the hours of 5:30 a.m. through 8:30 p.m. Monday through Friday, and beginning immediately through the completion of the project from 8:00 a.m. through 8:30 p.m. on Sundays. Specifically the request is for an exception to the hours of operation beginning at 5:30 a.m. on Monday through Friday until October 11, 2002 and an exception to the hours beginning at 8:00 a.m. on Sunday until the completion of the project. BACKGROUND Gary E. Ryan II, Project Manager for Charter Builders, LTD is requesting a noise exception for work on the Demon Aquatic Cemer, CBL Project No. 0011333003, to allow for early morning concrete pours through October 11, 2002. They are also requesting an exception that will allow them to continue working on the project seven days a week. No request has been made for an exception on Saturdays as the contractor is prepared to work within the stated parameters as listed in the ordinance for Saturday construction. The early start shall be on an as needed basis. Both the ability to pour concrete in the early moming and the ability to begin construction early on Sunday will greatly enhance the ability to complete the aquatic center in time for the proposed Memorial Day 2003 grand opening PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None Prepared By: Betty Williams Director of Managemem and Public Information Pamela Rambo-Estill, Management Assistant Attachments: Letter from Garry E. Ryan II CHARTER BUILDERS, LTD. A Member of the Mowlem Group of Companies Thursday, August 08, 2002 CORPORATE OFFICES 4400 LAKEVIEW BLVD. DE~XON, TX 76208 (940) 272-0880 FAX (940) 272-0882 Robert Hanna City of Denton 215 E. McKinney Denton, TX 76201 Denton Aquatic Center CBL Project No. 0011003 Variance to Project Work Hours We respectfully request you to grant the above referenced project a work hour variance to the City of Denton Noise Ordinance #2001-265 for Sunday work and early morning concrete pours. Beginning immediately and extending until October 11, 2002 we request to start work at 5:00 A.M. until 8:30 P.M. This will encompass foundation and paving activities Monday through Friday. Early morning starts are necessary during hot weather conditions. This early start shall be on an as need basis. Sunday's beginning immediately until the end of the project we request to work from 8:00 A.M. until 8:30 P.M. Your acceptance of this request will greatly enhance our ability to complete this project for a projected grand opening of Memorial Day 2003. Please address all questions to my attention. I may be reached at 940) 382-8318. Sincerely, CHARTER BUILDERS, LTD. Ryan Project Manager GER/ger Cc: C5 Files Janet Simpson - City of Denton Curtis Martin - Denton Independent School District Charles E. DeVoe III - Charter Builders Project Site ~ 2400 Long Road, Denton, TX 76207 1 (940) 382-8318 rr~ (940) 320-0700 Agenda 02-027 08/20/02 #18 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET August 20, 2002 Legal Department Dorothy Palumbo, Senior Assistant City Attorney/Legislative Coordinator SUBJECT: RESOLUTION REQUESTING THAT THE TEXAS MUNCIPAL LEAGUE SUPPORT BENEFICIAL AMENDMENTS TO THE TEXAS TRANSPORTATION CODE PROVISIONS CONCERNING COORDINATED COUNTY TRANSPORTATION AUTHORITIES; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The City has participated in the Texas Municipal League, ("TML"), Policy Committees and has been monitoring the House and Senate Interim Committees on legislative issues affecting The City of Denton. The legal departmem has received input from City staff on developing issues to present legislative resolutions to the TML Annual Conference to be heldin Fort Worth. These resolutions would have to be prepared and passed at the City Council meeting on August 20, 2002 to meet the August 30, 2002 deadline set by the TML Executive Director. Section 460.051, et seq., of the Texas Transportation Code authoizes the creation of an authority to provide public transportation and transportatiol~related services. The Denton County Transportation Authority was created by Resolution of the Denton County Commissioners Court duly and legally Designated on October 16 2001, having met all requiremems of § 460.053 of the Texas Transportation Code. The City of Demon approved the service plan and proposed tax rate and forwarded a signed copy of the resolution to the Denton County Transportation Authority and to the Ccrnmissioners Court of Denton County, Texas, thereby permitting the City of Demon to participate in the Service Plan and the confirmation election for the Authority as provided by § 460.057 of the Texas Transportation Code. As a result of these actions, beneficial amendments may need to be made to Section 460.051 et seq. of the Texas Transportation Code. OPTIONS: Staff recommends adoption of this resolution. 1. The City Council may adopt this resolutions or direct staff to make corrections or amendments. 2. The City Council may decline to send these resolutions to the Texas Municipal League's Annual Conference. FISCAL IMPACT: None Respectfully submitted, S:\Our D ocmm ent s~Legisla rion~agen da infarmarion sheer Legislative Workshop. doc Dorothy Palumbo t"-?-- Senior Assistant City Attorney/ Legislative Coordinator S:\Ou~ Docm:nentskResolurions\TML Transportation Aurhorky.doc RESOLUTION NO. RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT BENEFICIAL AMENDMENTS TO THE TEXAS TRANSPORTATION CODE PROVISIONS CONCERNING COORDINATED TRANSPORTATION AUTHORITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 16-19, 2002 in Fort Worth, Texas; and WHEREAS, Section 460.051, et seq., of the Texas Transportation Code authorizes the creation of an authority toprovide public transportation and transportatior~ related services; and WHEREAS, the Denton County Transportation Authority was created by Resolution of the Denton County Commissioners Court duly and legally designated on October 16, 2001, having met all requiremems of Section 460.053 of the Texas Transportation Code; and WHEREAS, the City of Demon approved the service plan and proposed tax rate and forwarded a signed copy of the resolution to the Denton County Transportation Authority and to the Commissioners Court of Denton County, Texas, thereby permitting the City of Denton to participate in the Service Plan and the confirmation election for the Authority as provided by Section 460.057 of the Texas Transportation Code; and WHEREAS, as a result of these actions, beneficial amendments may need to be made to Section 460.051 et seq. of the Texas Transportation Code that were not contemplated when the original legislation passed;NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League support legislation supporting beneficial amendments to the Texas Transportation Code provisions concerning Coordinated Transportation Authorities. SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. S:\Ou~ Docm:nentskResolurions\TML Transportation Aurhorky.doc PASSED AND APPROVED this the 2002. __ day of EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Agenda 02-027 08/20/02 #19 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET August 20, 2002 Legal Dorothy G. Palumbo, Senior Assistant City Attorney/Legislative Coordinator SUBJECT: RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT BENEFICIAL AMENDMENTS TO CHAPTER 351 OF THE TEXAS TAX CODE CLARIFYING THE USE OF HOTEL/MOTEL TAX FUNDS; AND PROVIDING AN EFFECTIVE DATE BACKGROUND: The City of Denton has participated in submitting resolutions to the Texas Municipal League's Annual Conference since 1997. Tle use of Hotel/Motel tax funds has been recently questioned in the City of Denton. Certain groups have claimed that these funds must directly support the Hotel/Motel tax industry by putting "heads in beds". This resolution would ask the Texas Municipal League to support beneficial amendments to Chapter 351 of the Texas Tax Code clarifying the use of Hotel/Motel tax funds. OPTIONS: Staff recommends passing the resolution. 1. The City Council may direct staff to correct or amend this resolution. 2. The City Council may decline to send this resolution to the Texas Municipal League's Annual Conference. FISCAL IMPACT: There is no direct fiscal impact. Respectfully submitted: Dorothy G. Palumbo Senior Assistant City Attorney/Legislative Coordinator S:\Our D ocmm ent s~Legisla rion~AIS Hotel Morel Tax Funds.doc S:\Ou~ Doc~:nents~Resolurions\TML hotel morel fimds.doc RESOLUTION NO. RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT BENEFICIAL AMENDMENTS TO CHAPTER 351 OF THE TEXAS TAX CODE CLARIFYING THE USE OF HOTEL/MOTEL TAX FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 16-19, 2002, in Fort Worth, Texas; and WHEREAS, Chapter 351 of the Texas Tax Code states that revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry; and WHEREAS, the following subsection of Chapter 351 states that revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and tke convention and hotel industry; WHEREAS, these provision are being interpreted to place a special emphasis on the use of these funds to only support the hotel industry with a heads in beds requirement, that funds can only be used on activities that inclease overnight stay; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League support beneficial amendments to Chapter 351 of the Texas Tax Code clarifying the use of hotel/motel tax funds. SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2002. __ day of EULINE BROCK, MAYOR S:\Ou~ Doc~:nents~Resolurions\TML hotel morel fimds.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Agenda 02-027 08/20/02 #20 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET August 20, 2002 Legal Dorothy G. Palumbo, Senior Assistant City Attorney/Legislative Coordinator SUBJECT: RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION THAT AUTHORIZES THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT TO PROVIDE TECHNICAL AND FINANCIAL TOOLS TO ASSIST MUNICIPAL GOVERNMENTS WITH IMPLEMENTING EMERGENCY MANAGEMENTS PLANS AND SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: The City of Denton has participated in submitting resolutions to the Texas Municipal League's Annual Conference since 1997. Since September 11, 2001 Homeland Security has become a matter of national and local concern. Legislation is pel~ling in Congress on appropriations for Homeland Security. This resolution recommends that legislation that coordinates anti-terrorism resources and legislation that supports the work of frontline personnel working on homeland defense be supported. This lesolution would ask TML to support amendments to Chapter 418 that allow the Governor's Division of Emergency Management to provide technical and financial tools to assist municipal government with implementing emergency management plans and services. OPTIONS: Staff recommends adoption of this resolution. 1. The City Council may adopt this resolutions or direct staff to make corrections or amendments. 2. The City Council may decline to send these resolutions to the Texas Municipal League's Annual Conference. FISCAL IMPACT: This resolution would encourage the use of federal or state funds to be allocated to First Responders. Respectfully submitted: Dorothy G. Palumbo ~"?~- Senior Assistant City Attorney/Legislative Coordinator S:\Our Docmments~Legislarion~Agenda lnfbrmarion Sheer Emergency Mgr 082002.doc S:\Onr DocmmentskResolurions\TML Emergency Management. doc RESOLUTION NO. RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT AMENDMENTS TO CHAPTER 418 THAT ALLOW THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT TO PROVIDE TECHNICAL AND FINANCIAL TOOLS TO ASSIST MUNICIPAL GOVERNMENTS WITH IMPLEMENTING EMERGENCY MANAGEMENT PLANS AND SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 16-19, 2002 in Fort Worth, Texas; and WHEREAS, Since September 11, 2001 Homeland Security has become a matter of national and local concern; and WHEREAS, Legislation is pending in Congress on appropriations for Homeland Security; and WHEREAS, Legislation that coordinates anti-terrorism resources and legislation that supports the work of frontline personnel working on homeland defense should be supported; and WHEREAS, The City of Denton requests TML to support amendments to Chapter 418 that allow the Governor's Division of Emergency Management to pro/ide technical and financial tools to assist municipal government with implementing emergency management plans and services; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Munidpal League support amendments to Chapter 418 that allow the Governor's Division of Emergency Management to provide technical and financial tools to assist municipal government with implementing emergency management plans and services. SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. S:\Our Docmments~.esolurions\TML Emergency Management. doc PASSED AND APPROVED this the 2002. day of EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Agenda 02-027 08/20/02 #21 AGENDA DATE: DEPARTMENT: ACM/DCM/CM: AGENDA INFORMATION SHEET August 20, 2002 Planning & Development Dave Hill, 349-8314 '~'~ SUBJECT - A02-0001: Loop 288 & Locust Annexation (Clear Creek Ranch) Consider adoption of an ordinance on second reading to volumarily annex approximately 345.5 acres of land generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of DeNon extraterritorial jurisdiction (ET J). The Planning and Zoning Commission recommends approval (6-0). (A02-0001) BACKGROUND Applicant: Visiquest Phoenix, AZ A voluntary annexation proceeding is being considered by the City of DeNon for the property proposed to be developed as part of Clear Creek Ranch. In accordance with the City's annexation policy, the City will "assess on a case by case basis" the annexation of areas in the ETJ when significam developmems are proposed. · On June 18, 2002, City Council considered adoption of the ordinance on first reading to volumarily annex the subject site. No one spoke in opposition. · On June 12, 2002, the Planning and Zoning Commission held public hearings on the annexation and zoning cases. No one spoke in opposition. · On May 21, 2002, City Council held the second public hearing. No one spoke in opposition. · On May 14, 2002, City Council held the first public hearing. No one spoke in opposition. On May 6, 2002, Mark Donaldson, Carter and Burgess Inc., submitted a comprehensive plan amendmem application (CA02-0003) and zoning application (Z02-0027). These requests are on the August 20, 2002, agenda. On June 12, 2002, the Planning and Zoning Commission held a public hearing to consider the annexation and zoning. On April 12, 2002, Mark Donaldson, Carter and Burgess Inc., submitted a petition for voluntary annexation. Developmem potemial for the site includes single-family dwelling units, multi-family dwelling units, commercial developmem, a park and a high school. Pre-design applications for developmem were submitted on August 31, 2001 and May 25, 2002. The applicants met with the Development Review Committee to review and discuss the proposed developmem, to make a determination of what information and studies may be required for the zoning and platting application submittal, and to receive additional information requirements necessary to facilitate processing of the plat application. Developmem of the property is subject to the requiremems and procedures of the DeNon Development Code. · The subject property is located in the extra territorial jurisdiction and is not zoned at this time. The property is undeveloped at this time. The Comprehensive Plan idemifies this property to be within the "Neighborhood Cemers". The applicam is proposing to develop residemial and commercial uses, including a park and a high school. The applicam has submitted a separate comprehensive plan amendmem (CA02-0003) and zoning application (Z02-0027). The Planning and Zoning Commission held separate public hearings for these request on June 26, 2002. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation request. (6-0, Roy absem) ESTIMATED PROJECT SCHEDULE The final step in the annexation process will be completed on August 20, 2002 (see Attachmem 5). PRIOR ACTION/REVIEW As this property is located in the ETJ, developmem would be subject to only the City's subdivision regulations, but not any zoning regulations. The following is a chronology of A02-0001, commonly known as Loop 288 & Locust (Clear Creek Ranch) Annexation: Application Date DRC Review 1 st CC Public Hearing 2nd CC Public Hearing P&Z Public Hearing CC 1 st Reading of Ordinance Ordinance published in DeNon Record-Chronicle April 12, 2002 April 25, 2002 May 14, 2002 May 21, 2002 June 12, 2002 June 18, 2002 June 23, 2002 FISCAL INFORMATION Developmem of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvemems that are the responsibility of the city. ATTACHMENTS 1. Staff Analysis 2. Service Analysis by Department 3. Maps 4. Public Notification (Property Owner Notification Map and Property Owner Responses) 5. Annexation Schedule 6. Planning and Zoning Commission Minutes, June 12, 2002 7. Draft Annexation Ordinance Prepared by: Chris Hatcher Planner II Planning and Development Respectfully submitted: Douglas S. Powell AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Request Annexation. The applicant is requesting to voluntarily annex 345.5 acres into the Denton city limits. Development potemial for the site includes single-family dwelling units, multi-family dwelling units, commercial developmem, a park and a high school. Zoning. The Comprehensive Plan idemifies this property to be within the "Neighborhood Cemers". Staff is recommending that once annexed, the subject property is zoned Neighborhood Residemial 1 (NR-1). The NR-1 zoning district is the most restrictive district and will preserve the general conditions of the site, until the applicant submits a development proposal. Existing Condition of Property_ The subject property is located in the extra territorial jurisdiction and is not zoned or developed at this time. Adjacem Zoning. North: Neighborhood Residemial 2, 4 and 6 (NR-2, NR-4, and NR-6) and Neighborhood Residemial Mixed Use (NRMU) South: Extra-territorial Jurisdiction (ET J) and Planned Developmem 120 (FM 2164/Hercules) East: Neighborhood Residemial 4 (NR-4) West: Extra-territorial Jurisdiction (ET J) Comprehensive Plan Analysis Proper edge planning is importam in defining a growth managemem strategy that benefits most people. The Comprehensive Plan encourages proactive planning, which requires preparation and an investmem of resources in amicipation of growth. DeNon should endeavor to set finite boundaries that make sense, rather than allowing annexations to set arbitrary ETJ edges. ETJ edge areas that are isolated or pose accessibility problems should be evaluated to determine if service provision could occur on a cost effective basis. "The city will not encourage development at the edges of its ET J, in recognition of the higher costs of "leapfrog" development and haphazard urban sprawl." (p. 29) "Proper management of development of the urbanizing areas depends upon annexation and application of zoning regulations that support the recommended land use plan." (p. 29) The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood cemers are oriemed inwardly, focusing on the cemer of the neighborhood and comaining facilities vital to the day-to-day activity of the neighborhood. A neighborhood cemer might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elememary school. The proposed NR-1 zoning district is consistent with The Denton Plan. Developmem Code/Zoning Analysis Any proposed developmem: 1. Must meet the minimum requiremems for transportation and road capacity; pedestrian linkages; utilities; drainage and topography; signs; landscaping; open space; lighting and environmem quality impacts and 2. Will be required to be in compliance with the site design standards of the DeNon Developmem Code, including buffering and screening. Prior to the issuance of any building permit, an approved site plan for the proposed developmem is required. Staff Findings 1. The property is located within the urbanizing area and is immediately adjacem to existing city limits to the east, north and south. Annexation is the logical step to provide the City of Denton the authority to regulate land use based upon a zoning classification. 2. The proposed Neighborhood Residemial-1 (NR-1) zoning designation is consistem with The DeNon Plan and is compatible with surrounding zoning classifications. ATTACHMENT 2 Service Analysis by Department Police. When fully developed as proposed, additional police personnel will be needed. It is anticipated that at a minimum, 2 additional police officers and a school resource office (if proposed high school is built) will be needed. While the currem police departmem facility has no room for expansion, a new facility will not be needed as a result of the annexation. Engineering and Transportation. The following roads will be impacted by the proposed annexation and developmem in terms of needed improvemems or upgrades: Name and location Bonnie Brae (to Hwy 77) N Locust St (to south of Windsor) Highway 77 Type of Improvement Capacity* & Pavemem Capacity* Capacity* Approximate Cost up to $600,000 up to $2,000,000 $13,000,000 At this time, Highway 77 is being upgraded from a two lane to a four lane divided highway, which is funded by TxDOT. *As proposed, this developmem will be required to submit a Traffic Impact Analysis (TIA). Those improvemems (in part or in whole) noted above will be required and funded by the developmem as recommend by the TIA Additional equipmem and facilities will also be needed as a specific result of this annexation and developmem. While no additional facility will be required at this time, the operation and maimenance funds for Streets & Drainage will need to be increased by $ 400,000 each to handle additional workloads. Fire. The main concern of this annexation is the availability of water for firefighting purposes. Stations 5 and 4 will service this area with assistance from Station 1. Parks and Recreation. Curremly, there are no city parks within the proposed annexation. The closest DeNon Park properties are North Lakes Park and Evers Park, which are approximately 1.5 miles away. Residems will be able to use existing City of DeNon parks, facilities and programs. The 2000 Park and Recreation Master Plan indicates a need for community and neighborhood parks in this general area. Population projections propose 3,274 people living in 1,512 housing units. Based on service standards set in the Park and Recreation Master Plan, 11 acres or more of new parkland will be needed for neighborhood parks. If additional park facilities are developed to serve this area, $103,620 in additional funding and 2 new staff members will be needed to properly serve this area. Library. There is no direct impact of this annexation and proposed development on library services. Anticipated service demands can be met using existing materials, facilities and personnel. Solid Waste. Residential and commercial solid waste services are available to the proposed area. Solid waste refuse collection services will be provided immediately to the newly annexed area upon the effective date of the annexation. Water. There are no existing City of Denton water lines in the proposed annexation area. The area lies within the City of Denton's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are an existing 12" waterline on North Locust (FM 2164) approximately 2000 ft south of Loop 288 and a 16" waterline at the northeast corner of the UNT property (old Texas instruments facility). The water distribution system upgrade program required to provide for the introduction of water supplies from the new Lake Ray Roberts Water Treatment Plant also calls for the installation of a 42"/36" transmission line to be installed along Loop 288 from Sherman Drive (FM 428) to the 16" line at the UNT property. This project is funded in the FY 2002 Water Utilities Capital improvements Program (CiP) and the city has recently hired Freese and Nichols, inc., to do the engineering design, plans and specifications and to provide inspection services for the project. The current schedule for the project is for plans to be released for bids during the summer of 2002 with completion of construction scheduled for the spring of 2003. This project will improve the water supply capacity in the area sufficient to support the proposed land uses in the proposed annexation area and reduce the length of the extension of waterlines necessary to serve the property. Waste Water. There are no existing City of Denton sanitary sewer lines in the proposed annexation area. The proposed area to be annexed is part of a larger tract with a total acreage of approximately 750 acres. Staff has been working with the developer ~Plat~rt$ower:Map .4, and their engineer to determine the level of service required and to identify the existing city sewer lines that can accommodate the wastewater flows to be generated from the proposed annexation area as well as the entire 750- acre tract. Several meetings have been held to determine possible connection points in the existing wastewater collection system. Staff has requested the developer's engineer to provide projected phasing and estimated time of completion of each phase, the projected land use, and wastewater loads from each phase. A meeting with the engineer is scheduled on Thursday, May 2, where the engineer will provide the above requested information. With this wastewater loading data, the Hydroworks Model used to develop the Wastewater Collection System Master Plan will be used to determine the impact of the proposed development on the downstream wastewater collection system. Curremly there are no existing sewer lines on the north side of the Loop 288 to serve the proposed developmem. There is an existing 18-inch sewer line in the Pecan Creek basin that was constructed to serve the TI facility. This 18-inch sewer line is south of the Loop 288. The proposed developmem drains naturally to the Clear Creek basin. There are no existing city sewer facilities in the Clear Creek basin. The proposed developmem will need a lift station to lift all wastewater flows imo the Pecan Creek or a combination of Pecan Creek and Cooper Creek basins. However, the density proposed for the developmem creates a challenge to accommodate all of the wastewater flows in the existing sewer system downstream of the development. Computer modeling of the wastewater system will provide the direction. Drainage. Since the Comprehensive Plan designates this area as Neighborhood Cemers, denser developmem patterns are allowed. Dense developmems usually result in increased impervious cover. Mitigation measures may be needed to address drainage. The Environmemally Sensitive Areas map shows that the northwestern most portion lies within a stream buffers area. This property may be affected by the 100-year floodplain in that area. The stream buffer areas shall remain natural and not be disturbed per the Denton Development Code and Drainage Criteria Manual. 100-year water surface elevations shall not increase as a result of any reclamation of the floodplain. Other floodplain criteria will apply. Electric. DeNon Municipal Electric (DME) has an existing main line circuit in the TMPA easemem running through the property. If property develops as proposed, DME would have to extend a main line on Bonnie Brae from Loop 288. DME is planning to construct a distribution substation at the Denton North Interchange. ATTACHMENT 3 Maps Location Map NORTH Neighborhood Center Proposed Annexation Area (345.5 Acres) ETJ ETJ Neighb ,rhood Cent'er Former Texas Instrument~ Building Scale: None NORTH Zoning Map Scale: None ATTACHMENT 4 Public Notification Notification Map NORTH {345, Scale: None Public Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 2 · Neutral: 0 June 1, 2002 2 4 Percent of land within 200' in opposition: 0 % *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 11 Property Owner Responses Property Owner Name In favor Comments and Address /opposed* Lawrence and Jeanine Kuhlken In favor No comments provided. 11446 Hwy 16 North Fredericksburg TX 78624 Vandalar Partners In favor No comments provided. 11446 Hwy 16 North Fredericksburg TX 78624 *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 5 ANNEXATION SCHEDULE FOR Loop 288 & Locust Annexation Area Tuesday, May 14, 2002 City Council conducts first public hearing Tuesday, May 21, 2002 City Council public hearing conducts second Wednesday, June 12, 2002 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoning. Tuesday, June 18, 2002 First reading of annexation ordinance - City Council by a 4/5th vote institutes annexation proceedings. Tuesday, August 20, 2002 Second reading and adoption of annexation ordinance and public hearing for zone change request- City Council by a 4/5th vote takes final action on annexation. City Council by simple majority vote takes final action of zone change request. ATTACHMENT 6 Co~teneltTM Pa~ !,41 ?age ¢ mu[~. s~ r A~uI mh~x: or I}~ur p~e~ ~2[ ¢~ y0u,r l~rtmimm d/c Q~y li~J~ ]J~c Iha.~ W~LS t~slabl 10 1974. ~n~lhir,~ h ~ daal, wl~ieh ~vc~ as tl~. ~80¢ ~kthi, n [4 ~:~'11~:, 1:1~: IcH o1' ~fl'~t yOUL' -- 4 p~r!iZUJar kO~'¢ m~ our public k~LnB. {~b~ ~h~, tb~S, 7 SJX:cilSc lli.i~. ~' >,~u'd fi//m~l ~ COmmCm~t C~ wl',i,eb Ling. [ wan; ~0 m~gl'ioll th~l th,m~ i~ a p,~btLe 12 mrd~ il:at ~r~ ~[(~e me at this turn m I pm~m~ ~a~ 14. sa wr: h~wc m) m~J Foe r~;bijttal, lq, I, cl~ I. ~ ~u mmealg. ~9 O:3MMIS~(~NI:'I~ IU, S!ihl.. Com~m'cL~si~r Mdmy, CF)MMI'3Si~JNI2~ M1,;LI'iOY' Y~i?~ PLANNING AND ZONINg COMMISSIOR IUN~ i2, ~02 14 ] ? 23 PLA~iNG A.~ ZONING COMMISSION JUNE )2~ 2~2 148; 15 ATTACHMENT 7 Draft Annexation Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 345.5 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST IN THE NORTHERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE E. PIZANO SURVEY, ABSTRACT NUMBER 994, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 7.597 ACRE TRACT DESCRIBED IN THE DEED FROM ONE LONGHORN LAND, L.L.C., TO 1-35 CRAWFORD ROAD PARTNERS RECORDED BY COUNTY CLERK'S FILE NUMBER 98-R0077377 REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A02- 0001) WHEREAS, the property owner has petitioned for the annexation of approximately 345.5 acres of land described herein; and WHEREAS, on June 12, 2002, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on May 14, 2002, and May 21, 2002, (both days being on or after the 20th day but before the 40th day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the imroduction of this ordinance at a meeting of the City Council on June 18, 2002; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Demon on June 23, 2002, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Demon, Texas. SECTION 2. The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. The service plan was made available for public inspection and explanation to the inhabitams of the area being annexed at the above described public hearings. 16 SECTIOiN 3. Should any' part of this ordinance be held illegal ibr any reasom the holding shall not affect the remaining portion o£ this ordinance and the City Cotmcil hereby declares it to be its purpose to annex to the City of Denton ail the rem propm'ty described in Exhibit ~A" regardless of whether any other parl of the described property is hereby effectively annexed to the City. 1£ any part of the rea[ property annexed is already included within the city limits of the City of Denton or within the limits of any other cily, town or village, or :is not within the City of Demon's jurisdiction to annex, the same is hereby excluded l¥om the tmTitory annexed as fi~I[y as if the excluded area were expressly described in this ordinance. SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. E U iLIN E BROCK, M AY' ()iR A. TTEST: J ENN IFER WALT ERS, CITY SECRETARY BY: APPiROVED AS 10 LEGAL FORM: H ERiB ERT L. PRO U TY. C 11'~ Y A I'I"ORN EY 17 EXHIBIT "A" BEING A 345.251 ACRE TRACT OF LAND SITUATED IN THE VICTOR E. GAiLOR SURVEY, ABSTRACT NO. 452, MORRIS MAY SURVEY, ABSTRACT NO. 807, J.S. COLLARD SURVEY, ABSTRACT NO. 297, AND ALEXANDER WHITE SURVEY, ABSTRACT NO. 1406, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 299.738 ACRE TRACT OF LAND, CONVEYED TO LARRY E. KUHLKEN AND JEANINE WATSON KUHLKEN BY DEED AS RECORDED IN VOLUME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 67.871 ACRE TRACT OF LAND, CONVEYED TO LARRY E. KUHLKEN AND WIFE, JEANINE WATSON KUHLKEN BY DEED AS RECORDED IN VOLUME 2360, PAGE 633, DEED RECORDS, DENTON COUNTY, TEXAS, SAID 345.251 ACRE TRACT, WITH REFERENCE BEARING OF NORTH 88 DEGREES 44 MINUTES WEST, BEING THE SOUTH PROPERTY LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT POINT FOR CORNER, BEING THE SOUTHEAST PROPERTY CORNER OF AFORESAID 299.738 ACRE TRACT, AND BEING THE INTERSECTION POINT OF THE WESTERN RIGHT-OF-WAY LINE OF F.M. 2164 WITH THE SOUTH LINE OF THE VICTOR E. GAiLOR SURVEY, ABSTRACT NO. 452; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG THE SOUTH PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT, A DISTANCE OF 430.61 FEET TO A POINT FOR CORNER, BEING ON THE WEST LiNE OF TRACT 3, ORDINANCE NO. 74-36 (AN ORDINANCE BY THE CITY OF DENTON WHICH ANNEXED TRACTS OF LAND) AND BEING THE POINT OF BEGINNING; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG THE MOST SOUTHERN PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT, WITH A FENCE ON THE SOUTH BOUNDARY LINE OF SAID GAiLOR SURVEY, A DISTANCE OF 4420.36 FEET TO A POINT FOR CORNER, BEING IN THE MIDDLE OF AN ABANDONED ROAD; THENCE, NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, ALONG A WEST PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT AND WITH A FENCE IN THE MIDDLE OF SAID ABANDONED ROAD, A DISTANCE OF 1186.21 FEET TO A POINT FOR CORNER; THENCE, NORTH 88 DEGREES 24 MINUTES 04 SECONDS WEST, ALONG A SOUTH PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT AND WITH A FENCE, A DISTANCE OF 1731.81 FEET TO A POINT FOR CORNER, BEING THE SOUTHWEST PROPERTY CORNER OF AFORESAID 299.738 ACRE TRACT AND BEING THE SOUTHEAST PROPERTY CORNER OF AFORESAID 64.871 ACRE TRACT; THENCE, ALONG THE SOUTH PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 19 MINUTES 18 SECONDS WEST, WITH A FENCE, AND ALONG THE NORTH PROPERTY LINE OF A TRACT OF LAND CONVEYED TO TEXAS INSTRUMENT, INC. BY DEED AS RECORDED IN VOLUME 963, PAGE 54, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 601.29 FEET TO A POINT FOR CORNER; 18 NORTH 88 DEGREES 40 MINUTES 14 SECONDS WEST, WITH A FENCE, ALONG THE NORTH PROPERTY LINE OF A TRACT OF LAND CONVEYED TO HOYT AND ELSIE COLE BY DEED AS RECORDED IN VOLUME 769, PAGE 321, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 1092.46 FEET TO A POINT FOR CORNER; SOUTH 70 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 111.57 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 31 MINUTES 42 SECONDS WEST, A DISTANCE OF 684.77 FEET TO A POINT FOR CORNER, BEING THE SOUTHWEST PROPERTY CORNER OF AFORESAID 64.871 TRACT AND BEING IN THE WEST PROPERTY LINE OF SAID COLE TRACT; THENCE, NORTH 02 DEGREES 02 MINUTES 28 SECONDS EAST, ALONG A WEST PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER, BEING IN THE NORTH LINE OF THE A. WHITE SURVEY, ABSTRACT NO. 1406 AND THE SOUTH LINE OF THE M. MAY SURVEY, ABSTRACT NO. 807; THENCE, SOUTH 88 DEGREES 31 MINUTES 42 SECONDS EAST, ALONG A PROPERTY LINE OF AFORESAID 64.871 TRACT WITH A FENCE, A DISTANCE OF 624.97 FEET TO A POINT FOR CORNER, BEING ON THE NORTH LINE OF THE J.S. COLLARD SURVEY, ABSTRACT NO. 297 AND BEING ON THE SOUTH LINE OF THE M. MAY SURVEY, ABSTRACT NO. 807; THENCE, ALONG THE WEST PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 06 MINUTES 36 SECONDS EAST, WITH A FENCE, A DISTANCE OF 1764.22 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 56 MINUTES 33 SECONDS EAST, WITH A FENCE, A DISTANCE OF 141.05 FEET TO A POINT FOR CORNER, BEING THE NORTHWEST PROPERTY CORNER OF AFORESAID 64.871 TRACT; THENCE, SOUTH 88 DEGREES 04 MINUTES 23 SECONDS EAST, ALONG THE NORTH PROPERTY LINE OF AFORESAID 64.871 TRACT WITH A FENCE, A DISTANCE OF 1089.91 FEET TO A POINT FOR CORNER, BEING THE NORTHEAST PROPERTY CORNER OF AFORESAID 64.871 TRACT; THENCE, ALONG THE SOUTH LINE OF ORDINANCE NO. 85-151 (AN ORDINANCE BY THE CITY OF DENTON WHICH ANNEXED A TRACT OF LAND), THE FOLLOWING COURSES AND DISTANCES: SOUTH 20 DEGREES 57 MINUTES 19 SECONDS EAST, ALONG THE EAST PROPERTY LINE OF AFORESAID 64.871 TRACT, A DISTANCE OF 166.42 FEET TO A POINT FOR CORNER, BEING THE NORTHWEST PROPERTY CORNER OF AFORESAID 299.738 TRACT; 19 SOUTH 88 DEGREES 33 MINUTES 55 SECONDS EAST, ALONG A NORTH PROPERTY LINE OF AFORESAID 299.738 TRACT WITH A FENCE, A DISTANCE OF 2454.32 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 50 MINUTES 11 SECONDS WEST, ALONG A PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT WITH A FENCE, A DISTANCE OF 992.66 FEET TO A POINT FOR CORNER; SOUTH 88 DEGREES 44 MINUTES 05 SECONDS EAST, ALONG A NORTH PROPERTY LINE OF AFORESAID 299.738 TRACT WITH A FENCE, A DISTANCE OF 4376.80 FEET TO A POINT FOR CORNER, BEING ON THE WEST LINE OF SAID TRACT 3 OF ORDINANCE NO. 74-36; THENCE, SOUTH 00 DEGREES 29 MINUTES 36 SECONDS WEST, OVER AND ACROSS AFORESAID 299.738 ACRE TRACT AND ALONG SAID WEST LINE OF TRACT 3 OF ORDINANCE NO. 74-36, A DISTANCE OF 1941.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 345.251 ACRES OF LAND, MORE OR LESS. 2O Proposed Annexation Area (345.5 Acres) ETJ Former Te×a~ In~trumen~ Building 2! EXHIBIT "B" CITY OF DENTON DRAFT SERVICE PLAN FOR A02-0001 (Loop 288 & Locust) i. AREA ANNEXED The annexation area is located in the northern portion of Denton's Extraterritorial Jurisdiction and contains approximately 345.5 acres generally located north of Loop 288, east of Bonnie Brae and west of Locust. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Govemmem Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maimenance available in other parts of the city with similar topography, land use, and population density. iii. AD VALOREM (PROPERTY OWNER) TAX SERVICES Ae Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipmem. If annexed and developed as proposed, additional personnel and equipmem will be needed. Code enforcemem and animal control services will also be provided to the property upon the effective date of the annexation. Be Fire Protection Fire protection (within the limits of existing hydrams) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 5 minutes, which is similar to responses for surrounding properties within the city limits. The City of DeNon will provide emergency medical services ("EMS"). Ce Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of DeNon and/or DeNon County shall be maimained by the City of DeNon on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maimained by the City of DeNon on the effective date of the annexation. De Parks and Recreation Facilities Parks and recreational facilities in 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 curremly located within the proposed annexation area. DeNon neighborhood park facilities are located within reasonably close distance of the proposed annexation 22 me Fe Ge area. Residems of the proposed annexation area will be able to use existing City of DeNon park and recreation facilities and programs. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maimained throughout the city. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maimained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of DeNon. Planning and Development Services Planning and developmem services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land developmem regulations. City Council adopted The DeNon Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts comain Neighborhood Cemers and 100 year Floodplain/Environmemally Sensitive Areas. The DeNon Plan designates future land uses to manage the quality and quamity of growth by organizing the land use patterns, by matching land use imensity with available infrastructure, and by preserving floodplains as environmemal and open space corridors. The DeNon Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES Ae Solid Waste Collection The City of DeNon is the exclusive residemial and commercial Solid Waste service provider within DeMon's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of DeNon Solid Waste Departmem is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of DeNon Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of DeNon Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940-349-8420. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to commencing service. Residemial Comainerized Refuse Service 23 Each residemial address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residems are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Smaller carts are available for a lower monthly charge. Weekly brush service is provided. Recycling services are available. Commercial Refuse Service Each commercial business will be provided with a commercial comainer(s), which are available in a variety of sizes and frequencies of collection, based on the waste generated. All refuse placed in the comainer for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the comainer with the lid closed will not be collected. Refuse placed outside the comainer is subject to code enforcement regulations, including potential fines. Landfill Service The City of DeNon Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/Wastewater Facilities The area lies within the City of DeMon's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are an existing 12" waterline on North Locust (FM 2164) approximately 2000 ft south of Loop 288 and a 16" waterline at the northeast comer of the UNT property (old Texas Instrumems facility). The water distribution system upgrade program required to provide for the introduction of water supplies from the new Lake Ray Roberts Water Treatment Plant also calls for the installation of a 42"/36" transmission line to be installed along Loop 288 from Sherman Drive (FM 428) to the 16" line at the UNT property. This project is funded in the FY 2002 Water Utilities Capital Improvemems Program (CIP) and will improve the water supply capacity in the area sufficiem to support the proposed land uses in the proposed annexation area and reduce the length of the extension of waterlines necessary to serve the property. Currently there are no existing sewer lines on the north side of the Loop 288 to serve the proposed developmem. There is an existing 18-inch sewer line in the Pecan Creek basin that was constructed to serve the TI facility (See Map Exhibit I). This 18-inch sewer line is south of the Loop 288. The proposed developmem drains naturally to the Clear Creek basin. There are no existing city sewer facilities in the Clear Creek basin. The proposed development will need a lift station to lift all wastewater flows into the Pecan Creek or a combination of Pecan Creek and Cooper Creek basins. Computer modeling of the wastewater system will provide the means necessary to accommodate all of the wastewater flows in the existing sewer system downstream of the development. 24 Maimenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipmem. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maimenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. Ce Drainage Services Drainage maimenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maimenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. Ve VI. De Electrical Services DeNon Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maimained throughout the city. DeNon Municipal Electric is the currem electric service provider for this site. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably comemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is comemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvemems is comemplated as a result of this annexation that would begin within two and a half (2 lA) years after the effective date of the annexation. The City shall consider construction of other public improvemems as the needs dictate on the same basis as such public improvemems are considered throughout the City for areas having similar characteristics of topography, land use, and population density. Vii. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if differem characteristics of 25 topography, land use, and population density are considered a sufficient basis for providing different levels of service. Viii. TERM This service plan shall be valid for a term of ten (10) years. shall be at the discretion of City Council. Renewal of the service plan IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 26 Agenda 02-027 08/20/02 #22 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM/DCM/CM: August 20, 2002 Planning & Development Dave Hill, 349-8314 ~--~'~'~' SUBJECT- Z02-0032: Loop 288 & Locust Zoning (Clear Creek Ranch) Hold a public hearing and consider adoption of an ordinance zoning approximately 345.5 acres of land to a Neighborhood Residemial 1 (NR-1) zoning district. The site is generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of Denton extraterritorial jurisdiction (ET J). The Planning and Zoning Commission recommends approval (6-0). (Z02-0032) BACKGROUND Applicam: City of DeNon Denton, TX The subject zoning application is for approximately 345.5 acres of land under consideration for annexation imo the City of DeNon (A02-0001). Staff is recommending that the property be zoned NR-1, the most restrictive district in the Neighborhood Residential zoning category. This zoning is only being suggested if the zoning case brought forward by the applicant is not approved (Z02-0027). The finalization of the annexation on August 20, 2002, would require that the property be zoned. This request is on the agenda only as a back-up to the denial or postponemem of the Comprehensive Plan Amendmem (CA02-0003) and/or the zoning request for the emire Clear Creek Ranch developmem (Z02-0027). OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the zoning request. (6-0, Roy absem) ESTIMATED PROJECT SCHEDULE The subject property is not platted. permits. PRIOR ACTION/REVIEW A final plat is required prior to the issuance of any building The following is a chronology of Z02-0032, commonly known as Loop 288 & Locust (Clear Creek Ranch). Application Date DRC Review P&Z Public Hearing April 12, 2002 April 25, 2002 June 12, 2002 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. will require no short-term public improvements that are the responsibility of the city. ATTACHMENTS 1. Staff Analysis 2. Planning and Zoning Commission Minutes, June 12, 2002 3. Draft Zoning Ordinance It Prepared by: Chris Hatcher Planner II Planning and Development Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The subject zoning application is for approximately 345.5 acres of land, which is under consideration for annexation into the City of Denton (A02-0001). Additionally, the subject property is a part of the proposed Clear Creek Development, which includes, the aforementioned annexation, a Comprehensive Plan Amendment for approximately 57 acres (CA02-0003) and a Zoning request encompassing the entire development (Z02-0027). The proposed Neighborhood Residential -1 (NR-1) zoning designation is basically a temporary zoning designation to ensure that the property is zoned upon annexation and until such time that the zoning or the entire Clear Creek Ranch development is finalized. Existing Condition of Property_ The subject property is currently not within the city limits and is undeveloped. Adjacent zoning. North: Neighborhood Residential-2, 4 and 6 (NR-2, NR-4, NR-6) and Neighborhood Residential Mixed Use 12 (NRMU-12). South: Planned Development 120 (PD- 120) and Regional Center Commercial Neighborhood (RCC-N). East: Neighborhood Residential 4 (NR-4) West: Extra-territorial Jurisdiction (ET J) Comprehensive Plan Analysis The subject site is located within the Neighborhood Center land use area - The comprehensive plan calls for a variety of housing types and densities within the neighborhood centers. Pure residential areas, regardless of density should have pedestrian connectivity to small-scale neighborhood service uses such as coffee shops, bookstores, childcare facilities or civic uses such as parks, recreation centers or schools. Neighborhood densities should decrease in concentric areas away from a mixed-use center. By developing higher density housing adjacent to a community mixed-use center, that may include commercial uses, will provide services to the residents within walking distance. It will also promote convenient nodes for transit services. The proposed Neighborhood Residential 1 (NR-1) zoning is consistent with the Denton Plan. Development Review Analysis Proposed development will have to meet the requirements of the Development Code Staff Findings 1. The proposed NR-1 zoning category is consistent with the Denton Plan. ATTACHMENT 2 Maps NORTH Location/Zoning Map ETJ ETJ NR-2 NR-6 NR-2 RCC-N PD-120 Scale: None NORTH Land Use Map Are~ Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map Newspaper Notification Date: 200' Legal Notices* sent via Certified Mail: 5 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 2 · Neutral: 0 Percent of land within 200' in opposition: 0% June 15,2002 11 Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 6 Property Owner Responses Property Owner Name and In favor Comments Address /opposed* Lawrence E. Kuhlken, Favor No comments. Vanderlan Partner Favor No comments Attachment 2 12 15 ':9 2¢ Pa~ [ 4 ] ~ ~gl~bo~ Coning. And m c~undJ,¢~ ft~ will ~sl~r~ Lu u~Emdu ',mmnB ~i&n~l and c,omn~;~d ~ md~i~g ir!, I'm a,vai!~i~b!e ]974~ 1,2 CONt~IrS,~ONFA 17 afl'o:~ your 2~ ~74 I fi~ank you ~ ~ Page I ,~ 2 ! at tim tin]e, 1216 Sl~h~rit i ! 3 7 $ g I !) II 12 L? I ~ i25 par!kalmar i~cr~ m~ ~r pul:~k: l~n i* ~te:m Nk). 14, ~md ~kkc ~ rcm !4. So 'a~ kav~ ~) r~ De rcbuitz! 1'[!, ] 4~m~ km~w ~i' 1 m~s~d you wi:ch :PLANNING AND ZONING COMMISSION SUNE i2, 20'02 Page 1:4 ] - Pag, e ] 4.4, ] ? 23 PLA~iNG A.~ ZONING COMMISSION JUNE )2~ 2~2 148; Attachment 3 Draft Zoning Ordinance ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 345.5 ACRES IN THE CITY OF DENTON TO THE NEIGHBORHOOD RESIDENTIAL 1 (NR-1) ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST, IN THE CITY OF DENTON; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z02-0032). WHEREAS, Visiquest has applied for the original zoning for an approximate 345.5 acres of land being annexed imo the City of DeNon, to Neighborhood Residemial 1 (NR-1) zoning district classification and use; and WHEREAS, on June 12, 2002, the Planning and Zoning Commission recommended approval of the requested zoning; and WHEREAS, the City Council finds that the zoning is consistem with the Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the 345.5 acre property as described in the legal description attached hereto and incorporated herein as Exhibit "A" is hereby zoned to the Neighborhood Residemial 1 (NR-1) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Demon, Texas. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. Any person violating any provision o£ this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of DeNon, Texas, within ten (10) days of the date of its passage. 10 PASSED AND APPROVEiD this the day o f ,200Z EULINE BROCK. MAYOR ATTEST: JENNIFiER WALTERS, CIFY SECRiETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CiTY ATTORNEY BY: 11 Exhibit "A" BEING A 345.251 ACRE TRACT OF LAND SITUATED IN THE VICTOR E. GAILOR SURVEY, ABSTRACT NO. 452, MORRIS MAY SURVEY, ABSTRACT NO. 807, J.S. COLLARD SURVEY, ABSTRACT NO. 297, AND ALEXANDER WHITE SURVEY, ABSTRACT NO. 1406, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 299.738 ACRE TRACT OF LAND, CONVEYED TO LARRY E. KUHLKEN AND JEANINE WATSON KUHLKEN BY DEED AS RECORDED IN VOLUME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 67.871 ACRE TRACT OF LAND, CONVEYED TO LARRY E. KUHLKEN AND WIFE, JEANINE WATSON KUHLKEN BY DEED AS RECORDED IN VOLUME 2360, PAGE 633, DEED RECORDS, DENTON COUNTY, TEXAS, SAID 345.251 ACRE TRACT, WITH REFERENCE BEARING OF NORTH 88 DEGREES 44 MINUTES WEST, BEING THE SOUTH PROPERTY LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT POINT FOR CORNER, BEING THE SOUTHEAST PROPERTY CORNER OF AFORESAID 299.738 ACRE TRACT, AND BEING THE INTERSECTION POINT OF THE WESTERN RIGHT-OF-WAY LINE OF F.M. 2164 WITH THE SOUTH LINE OF THE VICTOR E. GAILOR SURVEY, ABSTRACT NO. 452; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG THE SOUTH PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT, A DISTANCE OF 430.61 FEET TO A POINT FOR CORNER, BEING ON THE WEST LINE OF TRACT 3, ORDINANCE NO. 74-36 (AN ORDINANCE BY THE CITY OF DENTON WHICH ANNEXED TRACTS OF LAND) AND BEING THE POINT OF BEGINNING; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG THE MOST SOUTHERN PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT, WITH A FENCE ON THE SOUTH BOUNDARY LINE OF SAID GAILOR SURVEY, A DISTANCE OF 4420.36 FEET TO A POINT FOR CORNER, BEING IN THE MIDDLE OF AN ABANDONED ROAD; THENCE, NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, ALONG A WEST PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT AND WITH A FENCE IN THE MIDDLE OF SAID ABANDONED ROAD, A DISTANCE OF 1186.21 FEET TO A POINT FOR CORNER; THENCE, NORTH 88 DEGREES 24 MINUTES 04 SECONDS WEST, ALONG A SOUTH PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT AND WITH A FENCE, A DISTANCE OF 1731.81 FEET TO A POINT FOR CORNER, BEING THE SOUTHWEST PROPERTY CORNER OF AFORESAID 299.738 ACRE TRACT AND BEING THE SOUTHEAST PROPERTY CORNER OF AFORESAID 64.871 ACRE TRACT; THENCE, ALONG THE SOUTH PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 19 MINUTES 18 SECONDS WEST, WITH A FENCE, AND ALONG THE NORTH PROPERTY LINE OF A TRACT OF LAND CONVEYED TO TEXAS INSTRUMENT, INC. BY DEED AS RECORDED IN VOLUME 963, PAGE 54, DEED 12 RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 601.29 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 40 MINUTES 14 SECONDS WEST, WITH A FENCE, ALONG THE NORTH PROPERTY LINE OF A TRACT OF LAND CONVEYED TO HOYT AND ELSIE COLE BY DEED AS RECORDED IN VOLUME 769, PAGE 321, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 1092.46 FEET TO A POINT FOR CORNER; SOUTH 70 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 111.57 FEET TO A PO1NT FOR CORNER; NORTH 88 DEGREES 31 MINUTES 42 SECONDS WEST, A DISTANCE OF 684.77 FEET TO A POINT FOR CORNER, BEING THE SOUTHWEST PROPERTY CORNER OF AFORESAID 64.871 TRACT AND BEING IN THE WEST PROPERTY LINE OF SAID COLE TRACT; THENCE, NORTH 02 DEGREES 02 MINUTES 28 SECONDS EAST, ALONG A WEST PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER, BEING IN THE NORTH LINE OF THE A. WHITE SURVEY, ABSTRACT NO. 1406 AND THE SOUTH LINE OF THE M. MAY SURVEY, ABSTRACT NO. 807; THENCE, SOUTH 88 DEGREES 31 MINUTES 42 SECONDS EAST, ALONG A PROPERTY LINE OF AFORESAID 64.871 TRACT WITH A FENCE, A DISTANCE OF 624.97 FEET TO A POINT FOR CORNER, BEING ON THE NORTH LINE OF THE J.S. COLLARD SURVEY, ABSTRACT NO. 297 AND BEING ON THE SOUTH LINE OF THE M. MAY SURVEY, ABSTRACT NO. 807; THENCE, ALONG THE WEST PROPERTY LINE OF AFORESAID 64.871 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 06 MINUTES 36 SECONDS EAST, WITH A FENCE, A DISTANCE OF 1764.22 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 56 MINUTES 33 SECONDS EAST, WITH A FENCE, A DISTANCE OF 141.05 FEET TO A POINT FOR CORNER, BEING THE NORTHWEST PROPERTY CORNER OF AFORESAID 64.871 TRACT; THENCE, SOUTH 88 DEGREES 04 MINUTES 23 SECONDS EAST, ALONG THE NORTH PROPERTY LINE OF AFORESAID 64.871 TRACT WITH A FENCE, A DISTANCE OF 1089.91 FEET TO A POINT FOR CORNER, BEING THE NORTHEAST PROPERTY CORNER OF AFORESAID 64.871 TRACT; THENCE, ALONG THE SOUTH LINE OF ORDINANCE NO. 85-151 (AN ORDINANCE BY THE CITY OF DENTON WHICH ANNEXED A TRACT OF LAND), THE FOLLOWING COURSES AND DISTANCES: SOUTH 20 DEGREES 57 MINUTES 19 SECONDS EAST, ALONG THE EAST PROPERTY LINE OF AFORESAID 64.871 TRACT, A DISTANCE OF 166.42 FEET TO A POINT FOR 13 CORNER, BEING THE NORTHWEST PROPERTY CORNER OF AFORESAID 299.738 TRACT; SOUTH 88 DEGREES 33 MINUTES 55 SECONDS EAST, ALONG A NORTH PROPERTY LINE OF AFORESAID 299.738 TRACT WITH A FENCE, A DISTANCE OF 2454.32 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 50 MINUTES 11 SECONDS WEST, ALONG A PROPERTY LINE OF AFORESAID 299.738 ACRE TRACT WITH A FENCE, A DISTANCE OF 992.66 FEET TO A POINT FOR CORNER; SOUTH 88 DEGREES 44 MINUTES 05 SECONDS EAST, ALONG A NORTH PROPERTY LINE OF AFORESAID 299.738 TRACT WITH A FENCE, A DISTANCE OF 4376.80 FEET TO A POINT FOR CORNER, BEING ON THE WEST LINE OF SAID TRACT 3 OF ORDINANCE NO. 74-36; THENCE, SOUTH 00 DEGREES 29 MINUTES 36 SECONDS WEST, OVER AND ACROSS AFORESAID 299.738 ACRE TRACT AND ALONG SAID WEST LINE OF TRACT 3 OF ORDINANCE NO. 74-36, A DISTANCE OF 1941.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 345.251 ACRES OF LAND, MORE OR LESS. 14 Proposed Annexation Area (345.5 ETJ Former Texa~ In~trument~ Building Agenda 02-027 08/20/02 #23 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM/DCM/CM: August 20, 2002 Planning & Development David Hill, 349-8314 SUBJECT - CA02-0003: (Clear Creek Ranch) Hold a public hearing and consider adoption of an ordinance amending Ordinance 99-439, regarding a Comprehensive Plan Amendmem, from Neighborhood Cemers land use designation to Community Mixed Use Cemers land use designation. The area for amendmem encompasses approximately 57.1 acres. The site is generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of DeNon extraterritorial jurisdiction (ET J). A grocery store and "medium to big box" commercial activity are proposed in the area for amendmem, which is part of a larger developmem comaining residemial, commercial, and civic uses. The Planning and Zoning Commission recommends approval to amend approximately 40 acres of Neighborhood Cemers to Community Mixed Use. The remaining 17.1 acres will retain the Neighborhood Cemers land use designation (5-1). (CA02-0003) BACKGROUND Applicam: Visiquest Phoenix, AZ The applicam is requesting to amend the Comprehensive Plan by changing approximately 57.1 acres of Neighborhood Cemers land use designation to Community Mixed Use land use designation. The change is desired to allow for the developmem of a larger, more imense retail cemer, which is limited under the Neighborhood Cemer land use designation. Most of the proposed amendmem area is curremly not in the city limits. A volumary annexation proceeding is also being considered by the City of DeNon for 345.5 acres of the proposed Clear Creek Ranch developmem. The applicam's justification for the proposed comprehensive plan amendmem is provided in Attachmem 4. In addition to the comprehensive plan amendmem the applicam has submitted a zoning application in which single-family dwelling units, multi-family dwelling units, commercial developmem, a park and a high school are proposed. The zoning case (Z02-0027) is being processed concurremly with the comprehensive plan amendmem. The Planning and Zoning Commission, during the public hearing, voted to reduce the acreage proposed for amendmem from 57.1 acres to 40 acres. The applicam has indicated that they will proceed with the original proposal. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval to amend approximately 40 acres of Neighborhood Centers to Community Mixed Use. The remaining 17.1 acres will retain the Neighborhood Centers land use designation (5-1, Rishel opposed). ESTIMATED PROJECT SCHEDULE A zoning change (Z02-0027) to this property is under consideration concurrently with this Comprehensive Plan Amendment application. The subject property is not platted. A final plat is required prior to the issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of CA02-0003, commonly known as Clear Creek Ranch (Loop 288 & Locust): Application Date DRC Review P&Z Public Hearing May 6, 2002 May 16, 2002 June 26, 2002 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. will require no short-term public improvements that are the responsibility of the city. It ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map and Property Owner Responses) 4. Clear Creek Ranch Comprehensive Plan Amendment 5. Planning and Zoning Commission Minutes, June 26, 2002 6. Draft Comprehensive Plan Amendment Ordinance Prepared by: Chris Hatcher Planner II Planning and Development Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Request The applicam is requesting that the comprehensive plan be amended to allow approximately 57.1 acres of a 750 acre site be changed from Neighborhood Cemers to Community Mixed Use Cemer. Existing land use and zoning were importam criterion in the determination of future land use designations under Denton Plan Future Land Use Map. Existing Condition of Property_ The subject property is located in the extra territorial jurisdiction and is not zoned or developed at this time. Adjacem Zoning. North: Neighborhood Residemial 2 and 4 (NR-2 and NR-4) and Extra-territorial Jurisdiction (ET J) South: Planned Developmem 120 (FM 2164/Hercules) East: Neighborhood Residemial 4 (NR-4) West: Extra-territorial Jurisdiction (ET J) Comprehensive Plan Analysis The subject site is located within the Neighborhood Center land use area - The comprehensive plan calls for a variety of housing types and densities within the neighborhood cemers. Pure residemial areas, regardless of density should have pedestrian connectivity to small-scale neighborhood service uses such as coffee shops, bookstores, childcare facilities or civic uses such as parks, recreation cemers or schools. Neighborhood densities should decrease in concentric areas away from a mixed-use cemer. By developing higher density housing adjacem to a community mixed-use cemer, that may include commercial uses, will provide services to the residems within walking distance. It will also promote convenient nodes for transit services. These areas may develop in convemional patterns or may be developed in a pattern of 'neighborhood cemers.' Neighborhood cemers are oriemed inwardly, focusing on the cemer of the neighborhood and comaining facilities vital to the day-to-day activity of the neighborhood. A neighborhood cemer might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elememary school. Change to "Community Mixed-Use Activity Centers" future land use area. The focus of the Community Mixed Use Activity Cemer comains the shopping, services, recreation, employmem and institutional facilities that are required and supported by the surrounding community. While there is presemly a lack of commercial facilities serving the surrounding neighborhoods, this site is near a regional activity cemer. Land uses within the Community Mixed Use cemer should be oriemed/sized to the surrounding neighborhoods and be populated by retail establishmems geared towards a condensed market area of the surrounding neighborhoods, rather than a "big box" retail, which may draw from the emire city. The comprehensive plan recommends store sizes to be less than 100,000 square feet, which still allows for a grocery store. The DeNon Plan calls for Community Mixed Use Cemers to be a maximum of 30 acres in size with connection to surrounding road network and neighborhoods. The area designated for change is larger than the recommended acreage for a Community Mixed Use and is adjacent to a regional activity center. The Comprehensive Plan recommends that development within the Community Mixed-Use Center incorporate vertically mixed uses where retail may be on the lower level and office space/leased residential may exist on the upper stories. Land uses should not be "strip centers" along either the Loop 288 or along Locust. The plan goals and strategies state: Organization of Commercial Land Uses · To provide for reasonable amounts and distribution of various types of commercial land use in attractive and well-located settings. · To provide for commercial activities in planned activity or neighborhood centers, rather than on scattered sites or highway strips. · To develop activity centers where commercial uses, professional offices, and public facilities are located near residential development, while providing safe and convenient pedestrian access. · To maintain, intensify, and/or expand existing commercial areas, where appropriate, while removing commercial uses from, and stopping intrusions into, areas not appropriate for commercial use. · To locate neighborhood-oriented, commercial activities conveniently to dwelling units in order to minimize the need for frequent automobile trips for everyday household needs. · To encourage the location ofdaycare centers, housing, churches, social clubs, and other quasi- public uses within or adjacent to activity centers in order to share public facilities and help establish these areas as focal points. · As commercial areas are developed, redeveloped, or expanded, the provision of multiple-use activity centers, as identified in the plan, is developed in lieu of development as single-function shopping areas. · Commercial activity or neighborhood centers are thepreferred location for retail, commercial, and community services and encroachment of these uses into other areas is discouraged. · Commercial development occurs only in activity centers that are appropriate to its service and trade area and that are compatible with adjacent existing and proposed land uses and with existing and programmed public services and facilities. · Service-commercial establishments locate in appropriate activity centers, rather than at haphazardly chosen locations that contribute to the formation of strip or spot commercial development. · The location and size of neighborhood centers areas relate to the character and needs of the specific residential development these centers are intended to serve. (Commercial Land Use Goals, pp 45-46.) · Activity centers are integrated with surrounding streets and uses, where appropriate, by means of landscaping, berms, fencing, and the siting of structures. Facades, architectural screening (walls, fences, parapets, etc.) and a unified landscape treatment is consistent and creates an identifiable activity center. (Commercial Land Use Design Strategies, p 47) The comprehensive plan calls for a variety of housing types and densities within the neighborhood centers. Pure residential areas, regardless of density should have pedestrian connectivity to small-scale neighborhood service uses such as coffee shops, bookstores, childcare facilities or civic uses such as parks, recreation centers or schools. Neighborhood densities should decrease in concentric areas away from a mixed-use center. By co-locating higher density housing with commercial areas, this enables residents choosing this type of housing to have pedestrian access to daily trips and it creates convenient nodes for transit service. The proposed amendmem is compatible with the surrounding land uses idemified by the comprehensive plan land use map. The area for amendmem is part of a larger developmem that will offer a mix of a variety of housing types and densities within the proposed developmem. The proposed developmem will provide pedestrian connectivity to the existing residemial neighborhood south of site and to future shopping, services, and recreation facilities supported by the Community Mixed Use Activity Cemer. The proposed amendmem is compatible with Planned Developmem 120 (PD-120), which is located immediately south of the site and carries zoning designations allowing office, single-family and townhome land uses. Developmem Code/Zoning Analysis Transportation Transportation policies within the comprehensive plan dictate that developmem shall use access management practices (internal street network, limited curb cuts) to make the investment in the roadway infrastructure as cost efficiem as possible. Additionally, developmem should provide transportation facilities and services to promote and accommodate growth and change in activity cemers, neighborhoods, and industrial cemers. Seek to provide transit services and walking and bicycling opportunities so that activity cemers and neighborhoods will minimize single occupam vehicle travel. Imemal connectivity should be maimained to provide permeability of the road network. The Mobility Plan proposes a thoroughfare (collector) just north of the amendmem area, from Sherman to Bonnie Brae, which the applicant has agreed to accommodate. A TIA will be required prior to any final platting of any portion of this property to demonstrate that there is adequate traffic related infrastructure to support the proposed development uses. Water/Waste Water The area lies within the City of DeMon's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are an existing 12-inch waterline on North Locust (FM 2164) approximately 2,000 ft south of Loop 288 and a 16-inch waterline at the northeast comer of the UNT property (old Texas Instrumems facility). The water distribution system upgrade program required to provide for the imroduction of water supplies from the new Lake Ray Roberts Water Treatment Plant also calls for the installation of a 42-inch/36-inch transmission line to be installed along Loop 288 from Sherman Drive (FM 428) to the 16-inch line at the LINT property. Curremly there are no existing sewer lines on the north side of the Loop 288 to serve the proposed developmem. There is an existing 18-inch sewer line in the Pecan Creek basin that was constructed to serve the TI facility. This 18-inch sewer line is south of the Loop 288. The proposed development drains naturally to the Clear Creek basin. There are no existing city sewer facilities in the Clear Creek basin. The proposed development will need a lift station to lift all wastewater flows into the Pecan Creek or a combination of Pecan Creek and Cooper Creek basins. However, the density proposed for the development creates a challenge to accommodate all of the wastewater flows in the existing sewer system downstream of the development. Computer modeling of the existing wastewater system currently being undertaken by the applicant and the city will provide an analysis of the impact of the proposed development on the existing system. Urban Design For any new developmeM, the design of public/private space must be considered. Community Mixed Use Activity CeMers and the mixed-use areas of neighborhood ceMers are not only locations of commerce, bM they are to be places of ideMity. ElemeMs of site design, architecture and connectivity can bring a sense of place to commercial developmeM. OrieMed towards a market of local resideMs, privately owned commercial space can be designed to incorporate open areas, oMdoor seating, public art and walkways that are used as a public spot for impromptu gatherings and becomes a place to go and stay, rather than a place to only shop and leave. Any proposed developmeM: 1. Must meet the minimum requiremeMs for transportation and road capacity; pedestrian linkages; Milities; drainage and topography; signs; landscaping; open space; lighting and environmeM quality impacts and 2. Will be required to be in compliance with the site design standards of the DeMon DevelopmeM Code, including buffering and screening. Prior to the issuance of any building permit, an approved site plan for the proposed developmeM is required. Staff Findings 1. The proposed amendmeM area (57.1 acres) is almost twice the area (30 acres) recommended for community mixed use in the Comprehensive Plan. The DeMon Plan already ideMifies the intersection of Loop 288 and Sherman and the intersection of Loop 288 and Locust as the Community CeMers to service these areas. 2. By allowing Community Mixed Use CeMer along the northwest quadraM of the Loop 288 and Locust intersection, the surrounding properties will be impacted. Additional requests to increase developmeM iMensity in the quadraMs located north and south of Loop 288 and east of Locust can be aMicipated. 3. The impact of the proposal on the surrounding road network will not be known uMil a Traffic Impact Analysis (TIA) is done. (A TIA will be required prior to any final platting of any portion of this property to demonstrate that there is adequate traffic related infrastructure to support the proposed developmeM uses.) ATTACHMENT 2 Maps NORTH Location Map Neighborhood Ce~t(er Proposed Annexation Area (345.5 Acres) ETJ ETJ Former TI Building Cat'er Scale: None NORTH Zoning Map Scale: None Mobility Plan NORTH Primary Major Arterial Collector Second Major Arterial ~jor Arterial Second Major Arterial Former TI Building ~ Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map ET,,.I Scale: None Public Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 June 1, 2002 3 5 Percent of land within 200' in opposition: 0 % *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Clear Creek Ranch Comprehensive Plan Amendment Justification Clear Cree RANCH Comprehensive Plan Amendment -Project Plan- & Zoning Request -Zoning Plan- Prepared for DEN'TO N' May, 2002 Revised June 2002 PLANNING & DEVELOPMENT Applicant Joel Broder, Owner's Agent · Visiquest Properties, L.L.C., Manager Echo Capital I, L.L.P. 10185 E. Bella Vista Drive Scottsdale, AZ 85258 Owner Lawrence E. Kuhlken et ux 11446 N. State Hwy. 16 Fredricksburg, TX 78624 Planning / Engineering Consultant Mark Donaldson Carter & Burgess, Inc. 7950 Elmbrook Drive Dallas, TX 75247-4951 Phone: 214-638-0145 Legal Consultant Bill Dahlstrom Jenkins & Gilchrist, A Professional Corporation 1445 Ross Avenue, Suite 3000 Dallas, TX 75202-2799 Phone: 214-855-4173 Project Summary Clear Creek Ranch is a proposed 749 acre mixed-use, master planned community lo¢'ated in North Denton. The community features greenbelts, school sites, park sites, worship sites, residential subdivisions and a variety of commercial land uses ali woven neatly into a wonderful quality of life tapestry. The new Denton zoning code has provided opportunities to marry a variety of densities and land' uses without compromising quality. The Denton Plan has encouraged, and Clear Creek Ranch will embrace, product diversity with high site plan and design standards. As a result, the residents of Clear Creek Ranch are expected to include all ages and household composition. The location provides excellent transportation access and proximity to future educational and City services like the new UNT research park and the City of Denton / DISD Natatorium. It is also relatively close to downtown Denton and a variety of shopping experiences. The major east-west arterial through the project will be Long Street. It will connect FM2164 (also known as Locust Street) to Bonnie Brae. This arterial will be the primary access to residential, commercial, educational and recreational parcels of land. Running parallel to the north will be a smaller residential avenue that will be used primarily for access to residential subdivisions. The two primary thoroughfares will be linked by residential streets, greenbelts, trails, sidewalks, and bike paths. Clear Creek Ranch comes along at a time when the City has made a commitment to its northern territory with new water lines, sewer plant capacity, school facilities and parks. The area is poised for a high quality well planned development that will set the standard for future projects, When fully developed, Clear Creek Ranch is anticipated to be home to over 2,500 households and a wide variety of businesses and recreational opportunities. It will be a true work-live-play environment. Subiect Property 0 2500 5000 fee! Clear Creek Ranch Vicinity Map Summary of Comprehensive Plan Amendment Clear Creek Ranch consists of 749 acres, located north of Loop 288 and west of FM 2164 (Locust Street). The entire property is currently designated as Neighborhood Centers on the Land Use Map of the Comprehensive Plan. The proposed Comprehensive Plan Amendment (changing from Neighborhood Centers to Community Mixed Use Center) applies to only one area of the property comprised of approximately 57.1 acres located at the southeastern comer of the community. The proposed Comprehensive Plan Amendment is supported by two factors: The existing physical Site Conditions of the proposed area; and The significant Market Potential of the proposed location. Physical constraints of the proposed area - specifically, the existing electric transmission line, gas transmission line and associated easements - create a logical boundary for significant "medium to big box" commercial activity within the proposed Community Mixed Use Center. In addition, the existing beer / wine line make it necessary to create a grocery store site at the intersection of Long Road and FM 2164. It will have direct convenient access from Clear Creek Ranch. The location of the proposed Community Mixed Use Center is ideally situated to serve the future retail needs of the multi-county Denton market area, northern Denton County and north Denton. Its relationship to each of these markets and its accessibility will provide significant retail opportunities and benefit to the City. Proposed Comp Plan Amendment Area Possible grocery location SITE CONDITIONS Adjacent Land Area Directly to the south of the proposed Comprehensive Plan Amendment area, PD-120 is within the Community Mixed Use Center currently described in the Comprehensive Plan. It is zoned for Office uses and has 384 feet of frontage along FM 2164 (Locust Street). This property does not have a configuration and exposure to FM 2164 (Locust Street) well suited for commemial development. An ideal median opening on FM 2164 (Locust Street) would occur north of its northern boundary. Expanding the Community Mixed Use Center to the north improves access to any future community oriented development on the west side of FM 2164 (Locust Street) and helps integrate PD-120 with Clear Creek Ranch. Existin~ Electric Transmission Line and Easement The existing electric transmission line, in combination with FM 2164 (Locust Street) and the south boundary of Clear Creek Ranch, creates a rectangular area of approximately 48 acres. This is the bulk of the requested area of Comp Plan Amendment. The detractive nature of the electric transmission line makes commercial development more appropriate than residential at this location. Beer / Wine Line The location of a grocery store that effectively serves Clear Creek Ranch and most of north Denton is constrained by the location of the City of Denton Beer / Wine line, which is 500 feet west of the centerline of FM 2164 (Locust Street). · It is desirable to provide easy direct access to a grocery store site for the residents of Clear Creek Ranch and other consumers from north Denton. The intersection of future Long Road and FM 2164 (Locust Street) provides ideal access for both. MARKET POTENTIAL Location ...Location ...Location The greater Denton market area can be described as a four county area, encompassing most of Denton, Cook, Wise and Montague counties. At present, most of Denton's large grocery stores and other "big box" retailers [e.g., Wal-mart, Target, Lowe's and Home Depot] are located in the extreme southeastern corner of the Greater Denton Market Area. As Denton grows, grocers and "big box" retailers will look for new locations that are easily served by highways and more effectively serve the greater Denton market area. The proposed Clear Creek Ranch Community Mixed Use Center is strategically located at the northern edge of the City of Denton - well positioned for local retailers and additional "big box" retailers. Demand for Retail Anchor Tenants As homes are developed in the north Denton area, retail operations will follow. · Clear Creek Ranch has the potential to develop more than 2,500 new residential households. Other development in north Denton and northern Denton County will create significant demand for new retail opportunities in north Denton as well. Role of FM 2164 Lake Ray Roberts is an untapped asset of the area. With continued discussion of alternative routes for the North Dallas Toll Way extension, Lake Ray Roberts' potential will be discovered. The lake area will be ripe for development, especially the area between Sanger and the western shore of the lake. FM 2t64 provides a direct route from the western shore of Lake Ray Roberts to the heart of Denton. Over time, FM 2164 could become to Denton and Denton County what Preston Road is to North Dallas and Collin County. As Denton and northern Denton County continues to develop, FM 2164 is the most direct connector between where people will live and where they will work and shop. As Denton and northern Denton County develop, FM 2164 can become a powerful retail corridor. The proposed Clear Creek Ranch Community Mixed Use site near Loop 288 is the first logical point of development. / ! 11 ATTACHMENT 5 Planning and Zoning Commission Minutes June 26, 2002 Hold a public Itemng to consider making a r~ommendadon to CiW Council regarding the adoption of an ord.inanee amending Ordinance 99439, regaling a Con~prehetm~ve Plan Amend~mnt, ~m Nei~borh~d Centers !and use designation to Community Mix~ [Ys~ Cealers land use designations, The ama for m~ndment encompasses approximately 57.1 ~ms~ The hte is geae~4iy lom:~ no~h of Loop 288, e~qt of Bonnie Bra,, and west: of L~ust i'a the northem section of the Cky of D~ton extratcaSl,omi j misdictioa (ETJ)~ A gmceaS' store and "medimn m big box" commercial activity arc propt~ed in tt~e a~ca Br amendment, wN& is part of a larger development containing ~.~id.ential., comme~ial, and civic uses. (CA02-rKO3, Clear Creek ~mk,~op 288 & Loc:a~t ~2, D~m Raglm~d} Motion by BoB Powe[! to ~>rove as submitted. Motion failed Sue ~ no second. *Discussion of item. is includ~ in the Com~ Re~rter's transcript at~ched to this set of minutes Oage 29). Motion by Joe MUlroy and secoad~ by Vicki Ilo!t. m mcon'kmend approval te City emmcil .For 30 acres as the CMG and 27 acres N[:kMU. *Di~sion of i~em is ia¢lud~ in the Cou~ Reporter's transcript attached to tMs se~ of mi~mt~ (Page 29) Mc;rich t~3,_~- Comraiss~oners: Susan .Appfe, Salty Rishel and Bob Powel] opposk~zt, Morion by Susan Apple ~d seconded by Bob Powell to ~'ecommend approval to City Counc~! as submittcd~ *Discussion of item 2 inckMcd in the Corm Reponer's trm~scfipt attach~ m ~ set of minutes Motioned, 3.r3- Cornmi~io~,er Joe Mud:my, Vicki ttolt at~d Joe Roy Motion by: joe Muh-o'y and seconded by Susan ~aq>pte to recommend approval to City Council for ~ acres ~ CMG md 17 ac.rcs as NRMU. *Di. scussion of item is included ~n die Conr~ Rc~rtcr's transcript attached -to this set of minutes (Page 29)~ M~)~~s 5-! - Commissioner Salty RJ~¢l opposcd~ Page 29 Page :3 0 I0 i~'t~z:ti~ of L,~p 28~ on~ S?~:nn Dri~m and ~c 25 inm,~i~' N ~ adjac~ bt,~, n~b ~ a.~ sma~ ag Land a~e :'zq) ~d n6 zoning c~sif<a~ms em Page 32 l we,ak5 like to a&t thal crecy iaform~ion I~ addiLi~m ~o 12[~ pr~d NRMU and ~ appl:cant is here k~ an ~,tT any qk~tions t~t, you may have. and 8i~ us your na~ and C~MI.SSIONER R,I:5~ ~]/~L: ~tOMMIg~ION~:~ Mtri.Jt~: Ves, PI..ANNDO'G A~ ZO~O COMMISSION J{INE 26, 2~2 P~¢: 29- Page 32 Page 33 2 CO~fM~SlO.X~ ~SH~,: lS fl~ ~{8, Viem aP 9 n~malty mco~nmg -- wML*~ :t~ pr~Dortiena~Ly 1:~ ! 2 handle m :ibc pr~'timalky, Page 34 [ e~ktl'bm~ ~ 1~5 R[~ A. vcmm. Am[ fl: is truly u 2 ta ~ [~c 'kmigJ~L Wc m'c w;~rking on ~4~uL's g~ing ¢ ~'c~' ~:oil~ aborn t~s. A~d ~,e 0~ that ir:' g ~ng ca 6 Pew~ P~nt up. 7 ~!i~ p~)j~wl {~ called (]ear Cm~'k R~ndh mqr~ bek~e ye)n. [~:t~ht. One b. tE~ CSm]p ~d li~ to de in ~'ar ~t~fon, we- would ~¢ t~ ~o 23 (~ ti~ aLide >~a ~e ~ {oca~ioa al' C~tr Z~ Ct'ink R~h. a~n ~ti$ p~.~ m~tS (g? 750 aa thc p:oimrty ~s ~[1, a we' b~m;i fa[ wast A~td ihx~ ~rc karo In k~:,kJng phm~ flm~L~h rising [he CiD"s nc~ ~e~o[>~at and mg~.Hati cms ~%ch ~ nAqlty f~ke ~]c:tuaUy. will k,.y t~';c' ~em~e, tk~ k,c ~ &velopm~at, will ~ &aJ'Cb,g g.~ w~ wi~i have ~si~m guideii)~q b~ilt ~:]icvc tlmt we"vt got on ~rt~]nJly' wi~h amn',m[ o:[ lam[ in i:hi~ location, P~ 36 a <!*~i nab~ [ 5 aprr~ha~ bu[l~ m~, ¥~ ~mn~ q~ make ~ y~ ]~ve a i 6 f'b~a] ~ei:nt b d~ cmmnu~m ~d w~n )eu ~ o;r 19 dJs~ri,a, as l~a I 150 y~,r~ plu:~ k~s ~,:~a ~.a]:Jng a :<~a[ [n C~ PLANNING AND ZONING caM[MIS§ION 1U~126, 2002 pa~ 33 - Page 36 ! 5 ? 9 11 i2 !4 15 i? lg 12 They can walk a~l:md P~g¢ 39 Lml~.~ ~; Ci~y a.:~d L.uk.~ Ray ~ts Compml,~a~Lve Plm~, '~t t~ b~tieve ~Mt it's ,~, ~o be abt~ ~ 8¢L ~s2le mm'it~ tLLro~h g:~ &¥&opnmL, jus~ in mrms tff vehi. cular ~ct~,, hal also, in ~.em',a oF 2 ~mll'~dcs ~:d ~ g'i~Mr~ ~'~ p~:~p~ty ~/~'~'m !:i~vd ~rm8 oF fl.m buil[ ~a~h'onm~I ~ pm~,id~ fl~ ~o~s~ a B'l~t I,~ ~Ot[sm lira is i%: P & Z ha~ '[m~a~s in t~ 2~tt~m this is where ~vc.i.~t ~$ g&.ng 1~ go, We: have E~t oppog.uaiLy ri~ no'at As l{~tk~n it t~ ~tmity mixed ~ And Lr Ibr our o~cc u~s. pm~, p[~y~m~ is~ue~ of ~, property ~n~ haped ar ~mLua ly basically m=n.t~a~d ~y ~hi~ propea.y you l~ o~ tim s]i~ to my 1~, ~m i, cu.rz%nt[y an S~ it cs~nLiaJ~y fl"am~s a 48~J~ parcel[ IJ'~ ,,'~mt ~az ofl~cr i'ssm th~'t I mc~t:Laned ca'rlL.cr i.s tbz PLANNING AND ZONING C'OMMiSS!O JUNE 26, 2002 Page 37 Page 40 1 ~5 16 17 22 23 25 C~rl~ltTM Page: 4. i 2 3 5 6 9 g~a~k co~i~r, Th,re: ~s ~i,~ to ~ gwwi~B &~mnd, ~ again, 2164 [:~ going mlm a significant 14 I6 17 1.9 h iho a~a wL~ we ~tki,~a~ -- :in Ibis, l~.tim dra~qttg d~'n from ~m. of t~ mom rural Page m~j~ t,na¢, a m,aj,o~ si~fkaat ~a~ ~i.n¢ sa~(1, ~hf, i~ o.~r imm '.~e Naa. you can ~, [ ~k~ ~&:,m~t lhe nmbl ,:c~:q)~ ~i~ ~r~i~ an~ Offs ~ a erotica! i~,,~ in ~vz~ nj~ Duw~um [ 6 r~.s ~l:~o ¢~i(ainS; Cig.' Lm~d Use P~, 18 mKl s'nrt'¢,~:~di~ ~mln~. ~ fl~oron~f~ ~lan 23 25 :mca';ka'~2, fl~ rcg~oa] a~a !o fl~ s~L:h and ~. PLANNING AND ZONING COM~SSION JUNE 26, 20.02 Page 41 -:Page 44 Z ~ mF~ iv~ ~h~ loga{iout wi~ v~'$ ~mliy D ~1~= n~th Page 47 7 m~i~mtia~ ~nd w'mt li~k~t ~ ~¢ <~mrmmi~' park ~ncL I 6 ~m ~b".~,~: okay "r~ia~ y~m, Page 46 Su:rmurtding u~s i~d zoning, ~gai~ tht~ Nghway-or~cn~ed 3 [~:XT ~:~l,h ~l~t~s, '{.tt~ ,~'mmtmity i~d 't~Cg ~n P!>:29 and 4 titan ;'1~ f~-~x Mis~:icbam m m:r t~ml~as{ c~-n~ is also I ~ Ix~iz,s~ p~)vid, cs di~.t m~l:io~ 1:~ 12 Bonn~ Br~ ,- ind~t ~,~r~t:i~ ~o 2 B L d,im,gt 15 p~a~ ~vmxq; to a ~in d~ t~ a'~:as. S0ut{~ Of ~¢a, 6od~al w/l[ ha~T a smucwhat 24 Wc'~ ~gp~d a hi~b sch,tx~l s:m, thc cle~n:lary ~[~.(~,<,], balance r, mlly bcr:nme~ m~ti,5,,t~y Of fl~ zij~m disinters tim ~m[tdson. Or~c~ ogtd'm Ihi~ is a pu.bI"e l~ir, g. I'd ~ii~ ~c~ - [ hr,ti ~ card a=d PLANNING AND ZONING COMMISSION ~'NE 26, 2002 Pa~ 45 - Page 48 I[ lZ Page 49 ~ikc m ha~e ~ome ~ics ~m tl~ Pta,n~h~ Commission ~ 7 th~s - ~: ~po~nnity [o lm~k a~ al~ ~f thug a O>~m ~nd ! tk~ft ~ow how the Cou, ns~l f~s a.bou[ iL Mr. D~I~(~. ~mld k~m p3u his b~ ¢~n~', and ym~ Page 58 :. 2 15 Ccmaty roads woutd O~n be CSy roads and ~ou[d ~ M~ ~'gPg't,[a: wctl, they ~mler li~:, right COMMISSIONER [t~Sl.l'E:;[: Y~, s~r. And I going to ~¢ p~sm:tai. And may~ ~'~ the pedt:i~ m:~gSt bc able lo dad ry that Fz~r ~a. Pa~e 52 any fnrff~ PLANNING AND ZONING COMMISSION JUNE'2fi, 2~12 page 49 * P~.e 52 Cond~n~lt~:~ anyone ¢~ wh~ wmiid like to addms~ ~ Comm~$~rm a card Ohin~ Rc~d. I'm at t~ ~pp~[te end of tl~ n~ ~f t~m. il~y~ proposing io g~ ouI to tl~ north g~ Page 55 2 and t~-, 16 As t'hr aa l~m fltaM p,lams gq~, ~x(x~ will be &~ka~ ~ 18 trafi~ [9 So tied i~p~t mil b~ mini~al,, ~-- Pi~ge 56 B don't [ 24 d,~e t~q~tion~ PLAN NING ANI) ZONING COMMISSION ~JN~ 26, 2002 2 So, again, fimt'e wEl 1<' add,fi;mai t4 imm: ~haL B,u~ Lho ~N~ou~f;a~ p~n ~:.i~c~f;~ [br~ Crau'~r 15 ga,~ ~uld he ~ a¢~fia~ mad c~m~:!J~ I'r:~m 3~ 22 dM~ 'up ~m r~:Ls, ~d ia some cas~ {~,Me who P~e 53 -Pagc 56 ?age 57 P~g 9 P%m~ 58 ]I 1:4 Iff 17 i8 dch'~g lh:~t. And tl~ my ~nd X. Page 60 PI,A~4'ING AND 2~N'ING CO}~{ISSION JUNE 26, 2~2 Page 57 - Page 60 ~dea~ltTM Page 62 2 sJ ~. f~a h~gh ~hm~ 7 that d~ wo~a]d b~Jy' that Sl~e ~ ~u).d t~t ~ d~.al~ on 9 MR, DM~ROM: If ~¢y mo~< focw~d with 10 it md ] dc~Wt k~' if ~h'L? will Again, I doa't think l i Ws ~ )~igh priority f(.c ,J~m~, Wc !22 p~cb, c.~ tb,¢ gJIe fi'om t4 p~anning to d~a~e t?';e 64c~mtt~W l 7 m;h~ the x')~6 s~te J$ n~ ab[¢ priority for t?~ttt? i18 M~ DAHLSTROM 20 lMt's very likely b<fing LO 1~ N'It6 ~ hig~r ~- hJgk~ have ~ 0ff<t di~msbns w}th p~ivatc schm~l:$ fbr COMMI~glON'[(~ ROy: ~e m~:~ q'~.~d,cm and 1 2 3 4 9 15 ~7 !9 24 2~ ! 2 3 4 ? 1,4 7 2O Pag~ 63 COMMLsS~ONg~ gkS~'[~k: Means ~ br~d~ [ did no~. me~ to circumv.c~l: your adgh~ qt~stJ,<m Ibm ~ur or~gie, a] g, uegti~ an:s-x~d f~ mfr. And if nok M:~_ Rekhkart ~xfld {ike m into ~k~ -- C~<MtSSlON~ ML~t-,~OY: -, just a follo,,v'~u,p, o~ tbg cIcn~n~r, py ~hod. sil~ I didn't s,~:~s,~x[ a differmt I~c~fion, bu:l, lm,,'en"~ go,ten ~ thc point w:~re t~mP MA, DY~ILfi~OM;; T~m h~8 not '~n, ~ formal wily tt~y k~'ec not ~cmp~J MIL D&H N%I'ItOM: PLAN'~NG AND ZONING COMMISSION Ji3NIL 26, 2002 Page 61 - Page 64 P~ 65 6 lOllS ~ Bellu VN~ Dfi~, Scot:~k, Affz~a. Right 22 pba~ of this pmF~=l:y lo de~lop And se iF ) c~ w~v~ Page 66 tl,~, pt~NJc higk, ~h~l ~b~, And if' ~)MM~SSiONER MUI,ROY: And I 'r~lly COMMIgSEONEIt MIJI.ROY: ,, w~Jch about, ~l:]~e ~m~atics ~fo~ ,,ve,~ a [iI~le bit oNique:. appto~c ~]m zamin& and City C(¢aacli ~p~>ve, ~}~ ~ning, g~ving J.hcm d~c site. <X>M~Sg[ONER alStiY2L: And I ~hink that Mr poSat CCI4tM[SSIK3NE'R RISI[EL: Oc M~, V~;ra, 1~ ~ t;~ SOl:t~tSl corem' iS ro~jlll¢ P~.u~ t~ [4 possibly irt N mn ~b~dutc {]u.m~'z, b'a* in pm~:toaa LLy t 5 ht dl81 dmy'm dmling with a 750 a.;~: master 16 commullity, hmv d~i g cmnp~ l? C(JMMS~$!/JNEIt NI',~iIEL; A~ w].U.t N 18 appmp'rial¢? 2 ~ 0~is n~thw~st cot'r~r of lxmp 288 ami lzmust it. 23 right in [~t, i~ is appro~imifle~y 37 ~ hgkt. 24 ar:mod md desi. gna~ as a land u~. 'lira ~.~cam adding o~ is, pro~ing to ~d 57 P~ ] £%)MM:[SSiONE~ MULROY: 2 MS VlggA; That ia a a¢~I of S~ ~ of 3 oonmnm [{.y :mixed ~e righl: nerw, Aecx,rdi~ 4 Co~pmh~nsi Vg: '[~[~'a a 60~111131,[{y mi x~ um am'a ~a've 5 surf~e of e~ght .~]uam m[l~s and cfm:Id 6 4O,00O ~idcat:~. ]ligbI 7 ~.he Milo':, he,wcmr, 8 p~e~s of ~img ~ve:~8, And t~ are also ak;ady 1o couid l~ ad~d ~,o 12 size is 35 ac~s, right? ] ~ Mit. a:EI¢' ~lH~,~r: 34 C(~M~gSID~ RESItBL: ~rty ~'~9 ~$. v~:a,,x: xvha~ is [}~o pmpo~- L t)MM SS]O~I:.~ ~U, SIIEL: 22 saS~ 30 ~m ~d is aamml. My qu~doa 23 yoa'i! e;~a~ ~, ~]adve to a a 758 ~c maslcr plan PLAN~G AND zo~G CO~ISSIO'N JU NE 26, 2002 PaN 65 '' Page 68 P:ge 69 COMM!S~[0NEI{ R~SltY. L: MC, 700 -- if I";'~ ~:;ri~: you r~= COl,4MCSS1ON~ M~)LRC)Yi COrnbin.~[, this ~ol:b~ 1 2 12 14 i6 ;9 23 Pa~ 71 C'f..}MMI~,SION~g Mrl'i,aOY: Okay 'llmnk yon very ? MR, DONALDSON: W~g did m~ <~ mit 12 N',gl east ~nd wesL lnok:e,d m: a potential ~%, I S sile md where fi'mt oughl D be md came ~ 14 pol y:[~ th~ ~;: ~ c~. We tke'a mcasu~ 22 C(.)MM~ST(J,N~R MrJLROY: wel:], ~ m~al to 24 mib~tc {he s~ Pag~ 72 6 380, PLANNING AND ZO~G CO'~ISSION II'jNE 2;6, 2,002 Page 69 -:Page 72 Co.dvnsclt m { 9 w,a~&l 1k¢ I~ h~¥ ym~ I~ a Li ui¢ P~c ?$ ~ ~;ekpm, mt. Page 74, ? MR. RI~,CIiHAI~I': We!l, ~ ~¢a~ lo !,~mg I MA, DAIIL~Ii,LOM ['~[.s is Io thc ~M: o¢ our Page 76 2; t;XIMMI,SfiION:i:.R RI,s) I F~[z 7 'Ma DAIfLS~OM: NO ! l <,~l~ ~.ha -- ~Mi; pp ~uld have 14 C~4MiSSiONE~ F~)LT; goi~, a!~ cf ~)"~ w~W amtmd 28S. I lbin. k l? cammcrckd de',:e);optt~2 ~o;}:~ there, pro,~r~y, maki. n8 rare th,:~t I ha~ a c:'ear ~de~mnding, PLANNING AND ZO~G COMMI~ION JUNE 26, 20,02 Page 73 -Page 76 ~, ~am.,S'mOM; As Mr. RcJ,.:hh~ [~ M~I, DAIILSI%{OM: ~n ~iti~n to ~'ha~. t 7 MIL ~ EIC~[~f,& RT; Att~ Bdd~!Lot~}ly, 24 m~ght dc'al whh M~. I~ieh~'n hem vA~h 'I~W is m~d~y ILw Mr, PcTp!c.. 1 d~.n'~ thi~k ~u;,t ~q[~/txl to m~ sut~ you ~mdcr¢oct] down L~ ~ l ~* in ~s, Yl~ appLt~aat ~ I exi~i, eg r~gh.r~f-ways mxd ext~l:ing sr~x:~s aad not 15 w~d'] ~' dcm[Opt~r~L ~u]a,t~s:, t[~tr~, wo'dld ~ no 16 de~i~pme'at alk~d in 1:~ rqm~d p[aia, 24 I'm hoe misrak~ -- mX i~ d~sn'? - Page gO 2 £.OM.N ~s~ ~'" SILL' '9~:1~ R.[fi [,' I"L: '~rc 5 ,.~qt~¢l ym~ c)~ fify bow ~hat works for r~ 6 MR. 8AiLM:(~; '~'~: City c:u~t;~dy t 2 n~urv:: some and t!'te Canary' 't~es some. ] ~ 23 wo'cdd be: abutting bis sub~visbm arvJ wo~d PLA~G AN1) ZO~G COMMISSION J~ 26, 2~2 P~e 77 - Page 80 20 22 2~ 24 P~e 4 Pe~Sap~, iF you'~ ~m to Ft~sco Brk~s which is jt~i ~ i'amwa~v¢ ~d ¢~{.i~ in your thinking, l0 M~ DONALDSON ~ pL'~kJm ~ 1 ~ms';r<tin~ ~ [ndJv idk:m{ u%s and we couid cmvi~i~/here ~2 ammc m,~c box ~taiJe:r~, yau know, ifa ckc~tmic ~3 Crees, ~he s~: ,sto~s, ar~ that ~tq d ~ate tl~t ia a ~od way withia~ d~at ~an~lar a~ I [6 l}fink But we cm al.~> -* we c~m m~e it wcqk. Pa~ 82 ytm. Cb'mini ssi~ CMMnan. I'd [i~ tO ad&~ss a qmst:bn to Mark tha~ do~ to the 30 ~ms? L~k's like you c~uld y~u knmv, gei't~g -- [~&i~ I,o {.1~ ~st s&b 0[ {he ~iliiy 14 O%%r, WouJd t~ be a~m~,'lc to y'a~l? 16 already 35 acres ~ ~tmmltity mix u~d ;~r thcxe, 1~ C'OMMi~,SiC~4~R alSmZL: Tim{ may or may 19 be d~Joped, ~.a~ el Mfieh is zot~d iht' mini We'i:Ldowi~mvetwe it7 .¢as~[ if,a,c can v~ that ~'~ ik~e in kind of a shar~J 24 &tm.t: fi':~ ti~r markeh Lhc le, i~&~ c¢}mmU~ity ~irket 25 ~wz ~at L;~; m~ prov~,s ~m, to, 12 sia:ff ! 4 ~b~v, lee li:~atm~& ~' h:ypc~lkal, It ,kxs, an a~?l: 6 cnm:mmnity umsu~ a 18 aJ~m'a~' nul2{~ lo kgatn wilh, i PLANNING iii'ND ZONING CO~ION JL~E 26, 2~2 Page 84 Co~d~.~l~m P~g~ 85 12 urn] 60i] f~ ~way from ~)~ ~boFp~n8 ~n:lc~ amd ~ ~] 18 1;~ commuu i~/ [ ecu.~ · nd. Sl'~m~an ~ dJfk'~ than WJ~' ~.n.um l]:cy 6 7 10 il 1.2: 14 16 l? 15 19 24 ~ DO~Ar,D~,W: t~ wutlld b~ ]cng 8;:'d - proh[bitd, ['mm mm~'i~ h~ uic Of ~t wtmld ~.~:l ~ PLANNYNG A~ ZO~G CO~dlSSION ~NE 26, 2~2 Pa~ 8'7 ~ COM~SSEON'BR ROY Yg~. ~ui{l, b~k ml the 4 tran~or~ation [~ues. ~o'~ t~ outl,da 1~ the ~h of 7 l:¢rl'? i co~lldn't ~.mxm~ wlm'lmr ~t ~d or net, 9 fi~t it dc¢~ 1 defer ba~ a copy of il wid'~ n~ bu~: ytm c~n ncdiv'ity, 9 s;md,s havc~ to N: contmL~! rote ~'l~at ~lj ih.at I,i~. Bul whm 't~y~re dcvd~ped, th~ w~uldJ ~ a :25 P~ :88 whom !lx~ mi(~ ~im~ imm beir~ ~l~d~ in ~t~ fat'm~ or ~ar~,~t~J~ of ina:, ~tfi:~ ,~fl ~ ? 13 J7 2 4 ? 19 P~e 89 C~[~ionc~ Mu]~oy, ~c~l by (:ommis~i0nc. r COMMiSSii)N] R POWL:!.L: M';flrl:~y i.f{ may, Mr. C0M MIfSIONI~,R ~ ~SH i:';L: CC~[M!SSIONI~R KISUEI.,: PICaS~ app~o~ t~is B:cm '7 with ;h~l COMMISkSIONEa POWEL[,; Okay. ~a's not w:'m~ you ~id, tbm~b. Page 91 5 b'y C~mmit~ioncr I::[~l~; ii i~i a~n~ct~. c~casi~.~l:ly it's o~ ~ub, as Oau~xds,~, to bmk a~ tl Page 92 ~ea. l~d l t~[eve d'd~ N a L~)able a~pr~d~ and t 6 will [< ~,oi;i[~g for it 8 ~,}dMtS2[O~BR ML~L~OV; n ~SpOm<,, 15 Commis¢<~t~? Mt aeiehha~. 16 ~ ~[CHiLa~T: ~ for a poit~ o[ la disz~d.r,'~ tk~r thc uldma< ~si~ ~tqd din-ansioas? k PLAT,UNING A~ ZO~NO ~MMi$$1ON JUNE 26, 2002 Page 89 - Page 92 P%~ 93 ? COMMISSIONER ~]SH2~ And ?i[ ask loc M~ 3 m~xi, ng w~en ym~ h~ ~ f=ll Commis~[~, to vote ~m t'he 1~ (~MM~S~ON~t APPLE: i'~ 22 ~) I'd al mo~ tat!~ ~i~ ~;h~ 57 c14 ¢~ as cppt~d 1o Mving I 2 3 4 ~3 15 Cnw~i,ssie~, !t',~ 5~ mo~,~ hy Cm~kmi:~bn~ Apple and vo!~ ~ ~h~ ~mr,~ 30, 5 ~3 I8 2] Pa~ 96 5 C,lar[fieaiim7 Com~issi,7~ 7 whatt I axle ~r!i~. !' ~ be ksti~ for ;bis morion bt~ ~l'~ a tar~ bfit m~c~'n~' l:~,m~ of a]I lbs x~a~: 9 10 Il 13 !4 19 2~ 2.3 Any f[~fl~z ci]~a~mJs {~'d~r co~v~ o~ q:~tic-~? REI~IB~T: ~. c~ Ag~da. ~; ate adjoum~:~ "Ft~,a~k PLANNINgl AND ZONIN(] COMMISSION JiJNE 26, 2002 :Page 93 ~ Page 96 ORDINANCE NO. 2002- AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 57.1 ACRES AND GENERALLY LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST, IN THE CITY OF DENTON. PROVIDING A SAVINGS AND REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA02-0003) WHEREAS, Visiquest initiated a comprehensive plan amendment to the land use plan of the land elemem of the DeNon Plan for 57.1 acres of land from Neighborhood Cemers to Community Mixed Use which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Land Use Plan Amendmem"); and WHEREAS, on December 7, 1999, the City of DeNon adopted the DeNon Plan, 1999- 2020; and WHEREAS, on June 26, 2002, the Planning and Zoning Commission held a public hearing and recommended approval of the Land Use Plan Amendmem; and WHEREAS, the City Council, after a public hearing on August 6, 2002, finds that the recommended Land Use Plan Amendmem is in the best imerests of the health, safety and general welfare of the citizens of the City of DeNon, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves Land Use Plan Amendmem to the DeNon Plan, 1999-2020. SECTION 2. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective, which are inconsistem or in conflict with the terms or provisions contained in this ordinance, are hereby repealed to the extent of any such conflict only. The non- conflicting sections, semences, paragraphs, and phrases shall remain in full force and effect. SECTION 3. The City staff is directed to change the Land Use Plan Map to the Denton Plan in conformity with the Land Use Plan Amendmem. Umil such map change is made a copy of this ordinance shall be attached to the DeNon Plan, 1999-2020 showing the Land Use Plan Amendment. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 3 EXHIBIT "A" Approximately 57.1 acres of a 750-acre master plan is being amended. The amendment area encompasses approximately 57.1 acres from Neighborhood Centers to Community Mixed Use Centers surrounding the proposed interchange of Loop 288 and Locust Road. LOCATION MAP ETd Neighborhood C e~tter Proposed Annexation Area (345.5 Acres) ETJ Ce~tt~er Page 3 of 3 Agenda 02-027 08/20/02 #24 AGENDA DATE: DEPARTMENT: AGENDA INFORMATION SHEET August 20, 2002 Planning and Development Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT - Z02-0027: (Clear Creek Ranch) Hold a public hearing and consider an ordinance rezoning multiple parcels totaling approximately 750 acres from Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), and Neighborhood Residential Mixed-Use (NRMU) zoning districts to Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), Neighborhood Residential Mixed-Use (NRMU), and Community Mixed-Use General (CM-G) zoning districts. The property is generally located north of Loop 288, east of Bonnie Brae, and west of Locust Street. Single-family dwelling units, multi-family dwelling units, commercial development, and civic uses are proposed. The Planning and Zoning Commission recommends approval with a maximum of 40 acres of Community Mixed-Use General (CM-G) and an additional 17.1 acres of Neighborhood Residential Mixed-Use (NRMU) (6-0). BACKGROUND Applicant: Visiquest, Phoenix, AZ The subject zoning application is for an approximately 750-acre master planned development located in the north-central quadrant of the city. Approximately 345 acres of the subject development are currently being annexed (A02-0001). Several zoning classifications ranging from Neighborhood Residential 2 (NR-2) through Community Mixed-Use General (CM-G) have been requested. (See Staff Analysis section for a detailed breakdown of zoning classifications.) Additionally, the applicant has requested a comprehensive plan amendment (CA02-0003) for approximately 57.1 acres of the subject site. If the amendment is approved, all the proposed zoning categories will be consistent with the Comprehensive Plan. The Planning and Zoning Commission recommends reducing the acreage of the proposed CM-G zoning district from 57.1 acres to 40 acres and increase the proposed 31.9 acres of NRMU-12 to 49 acres. A super-majority vote is required to overrule the Planning and Zoning Commission's recommendation of the smaller 40 acre CM-G zoning district. In other words, anything over 40 acres of CM-G zoning will require 6 affirmative votes for it's approval. As a result, the City Council may want to vote separately on that issue. Furthermore, the ultimate acreage for the CM-G zoning designation should correspond to the approved acreage of the Community Mixed- Use center land use designation. As of this writing, staff has received no opposed responses and two responses in favor from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval with a maximum of 40 acres of Community Mixed-Use General (CM-G) and an additional 17.1 acres of Neighborhood Residential Mixed-Use (NRMU). (6-0, Bill Keith absent) ESTIMATED PROJECT SCHEDULE A comprehensive plan amendment has been requested for a portion of this site (CA02-0003). The subject property is not platted. A final plat is required prior to the issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of Z02-027, commonly known as Clear Creek Ranch: Application Date - DRC Date- P&Z Date - Neighborhood Meeting- FISCAL INFORMATION May 6, 2002 May 16, 2002 June 26, 2002 None Development of this property will increase the assessed value of the city. It will require no short-term public improvements that are the responsibility of the city. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Notification Map and Property Owner Responses) 4. Zoning Plan 5. Clear Creek Ranch Zoning Request (Applicant Justification) 6. Planning and Zoning Commission Minutes, June 26, 2002 7. Draft Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request Currently, approximately 400 acres of the proposed development reflect a variety of Neighborhood Residential zoning classifications. (NR-2 through NRMU zoning classifications) The applicant has requested a voluntary annexation for the remaining 350 acres, which are expected to be initially rezoned Neighborhood Residential 1 (NR-1). The applicant is requesting the following zoning classifications for the entire 750 acres: Proposed Acreage Percentage Maximum # of Zoning District of Land Units NR-2 87.4 11.7% 175 NR-3 181.1 24.2% 543 NR-4 199.0 26.6% 796 NR-6 110.9 14.8% 665 NRMU-12 31.9 4% 383 NRMU 81.4 10.9% 2,442 (If SUP is granted) CM-G 57.1 7.7% Potential for 2nd story (or more) units Total 748.8 100% 2,562+ The acreages provided do not reflect right-of-way, existing and proposed utility easements, and floodplain areas. Therefore, the potential number of units could be reduced. Existing Condition of Property_ Property History. February 20, 2002 - Approximately 400 acres of the subject property was placed in the Neighborhood Residential 2 (NR-2), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), and Neighborhood Residential Mixed-Use (NRMU) zoning district and land use classifications by Ordinance 2002-040. The remaining 350 acres are not within the city limits and are in the process of being annexed. Prior to the adoption of the Development Code, this property was zoned Agricultural (A). Adjacent zoning. North: Extra-territorial Jurisdiction (ET J) South: Planned Development 120 (PD- 120) East: Neighborhood Residential 4 (NR-4), and Neighborhood Residential 6 (NR-6) (across Locust Street) West: Extra-territorial Jurisdiction (ET J) Curremly, there are approximately 32 acres of land zoned CM-G at the northeast and southeast corners of Loop 288 and Locust Street. Furthermore, the Future Land Use Map shows a Community Mixed-Use Cemer node of approximately 124 acres at the imersection of Loop 288 and Locust Street. The tracts of land within this node have the potential to be rezoned under the community mixed-use zoning family. The existing Community Mixed-Use land use node does not include the proposed 57.1 acres of CM-G zoning designation. Comprehensive Plan Analysis The subject site is located within the Neighborhood Center land use area - The comprehensive plan calls for a variety of housing types and densities within the neighborhood cemers. Pure residemial areas, regardless of density should have pedestrian connectivity to small-scale neighborhood service uses such as coffee shops, bookstores, childcare facilities or civic uses such as parks, recreation cemers or schools. Neighborhood densities should decrease in concentric areas away from a mixed-use cemer. By developing higher density housing adjacem to a community mixed-use cemer, that may include commercial uses, will provide services to the residents within walking distance. It will also promote convenient nodes for transit services. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood cemers.' Neighborhood cemers are oriemed inwardly, focusing on the cemer of the neighborhood and comaining facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. Change to "Community Mixed-Use Activity Centers" future land use area. The focus of the Community Mixed Use Activity Cemer comains the shopping, services, recreation, employmem and institutional facilities that are required and supported by the surrounding community. There is indeed a lack of commercial facilities serving the surrounding neighborhoods. Land uses within the Community Mixed Use cemer should be oriemed / sized to the surrounding neighborhoods and be populated by retail establishmems geared towards a condensed market area of the surrounding neighborhoods, rather than a "big box" retail which may draw from the emire city. The comprehensive plan recommends store sizes to be less than 100,000 square feet, which still allows for a grocery store. The DeNon Plan calls for Community Mixed Use Cemers to be a maximum of 30 acres in size with connection to surrounding road network and neighborhoods. The area designated for change is larger than the recommended acreage for a Community Mixed Use cemer of 30 acres. The Comprehensive Plan recommends that developmem within the Community Mixed-Use Cemer incorporate vertically mixed uses where retail may be on the lower level and office space / leased residemial may exist on the upper stories. Land uses should not be "strip cemers" along either the Loop 288 or along Locust. The plan goals and strategies state: Organization of Commercial Land Uses · To provide for reasonable amounts and distribution of various types of commercial land use in attractive and well-located settings. · To provide for commercial activities in planned activity or neighborhood centers, rather than on scattered sites or highway strips. · To develop activity centers where commercial uses, professional offices, and public facilities are located near residential development, while providing safe and convenient pedestrian access. 4 · To maintain, intensify, and/or expand existing commercial areas, where appropriate, while removing commercial uses from, and stopping intrusions into, areas not appropriate for commercial use. · To locate neighborhood-oriented, commercial activities conveniently to dwelling units in order to minimize the need for frequent automobile trips for everyday household needs. · To encourage the location ofdaycare centers, housing, churches, social clubs, and other quasi-public uses within or adjacent to activity centers in order to share public facilities and help establish these areas as focal points. · As commercial areas are developed, redeveloped, or expanded, the provision of multiple- use activity centers, as identified in the plan, is developed in lieu of development as single-function shopping areas. · Commercial activity or neighborhood centers are the preferred location for retail, commercial, and community services and encroachment of these uses into other areas is discouraged. · Commercial development occurs only in activity centers that are appropriate to its service and trade area and that are compatible with adjacent existing and proposed land uses and with existing and programmed public services and facilities. · Service-commercial establishments locate in appropriate activity centers, rather than at haphazardly chosen locations that contribute to the formation of strip or spot commercial development. · The location and size of neighborhood centers areas relate to the character and needs of the specific residential development these centers are intended to serve. (Commercial Land Use Goals, pp 45-46.) · Activity centers are integrated with surrounding streets and uses, where appropriate, by means of landscaping, berms, fencing, and the siting of structures. Facades, architectural screening (walls, fences, parapets, etc.) and a unified landscape treatment is consistent and creates an identifiable activity center. (Commercial Land Use Design Strategies, p 47) Neighborhood Center The comprehensive plan calls for a variety of housing types and densities within the neighborhood centers. Pure residential areas, regardless of density should have pedestrian connectivity to small-scale neighborhood service uses such as coffee shops, bookstores, childcare facilities or civic uses such as parks, recreation centers or schools. Neighborhood densities should decrease in concentric areas away from a mixed-use center. By co-locating higher density housing with commercial areas, this enables residents choosing this type of housing to have pedestrian access to daily trips and it creates convenient nodes for transit service. The proposed amendmem, if approved, is compatible with the surrounding land uses idemified by the comprehensive plan land use map. The area for amendmem is part of a larger developmem that will offer a mix of housing types and densities within the proposed developmem. The proposed developmem will provide pedestrian connectivity to the existing residemial neighborhood south of site and to future shopping, services, and recreation facilities supported by the Community Mixed Use Activity Cemer. Developmem Review Analysis Transportation A TIA will be required prior to any final platting of any portion of this property to demonstrate that there is adequate traffic related infrastructure to support the proposed development uses. Access. The proposed development will be required to take access from Locust Street and Bonnie Brae. The Mobility Plan also idemifies a proposed thoroughfare going through the site from Sherman to Bonnie Brae. The applicam will be required to incorporate the collector in the overall project proposal. Road Capacity Locust Street is idemified as a primary major arterial road by the DeNon Mobility Plan. This road is designed to be a six (6) lane divided street without parking, providing six (6) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. Locust Street is curremly constructed with two (2) lanes without parking. Bonnie Brae is idemified as a secondary major arterial road by the DeNon Mobility Plan. This road is designed to be a four (4) lane divided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 19,100 trips per day. Bonnie Brae is curremly constructed with two (2) lanes without parking. Water/Wastewater The area lies within the City of Demon's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are an existing 12-inch waterline on North Locust (FM 2164) approximately 2000 ft south of Loop 288 and a 16-inch waterline at the northeast corner of the UNT property (old Texas Instrumems facility). The water distribution system upgrade program required to provide for the introduction of water supplies from the new Lake Ray Roberts Water Treatment Plant also calls for the installation of a 42-inch/36-inch transmission line to be installed along Loop 288 from Sherman Drive (FM 428) to the 16-inch line at the UNT property. Curremly there are no existing sewer lines on the north side of the Loop 288 to serve the proposed developmem. There is an existing 18-inch sewer line in the Pecan Creek basin that was constructed to serve the TI facility. This 18-inch sewer line is south of the Loop 288. The proposed developmem drains naturally to the Clear Creek basin. There are no existing city sewer facilities in the Clear Creek basin. The proposed developmem will need a lift station to lift all wastewater flows imo the Pecan Creek or a combination of Pecan Creek and Cooper Creek basins. However, the density proposed for the developmem creates a challenge to accommodate all of the wastewater flows in the existing sewer system downstream of the development. Computer modeling of the existing wastewater system curremly being undertaken by the applicant and the city will provide an analysis of the impact of the proposed developmem on the existing system. Developmem Code/Zoning Analysis The following chart provides a comparison of the total acreage for each existing and proposed zoning classifications: Existing Zoning Existing Proposed Net Increase District Acreage Acreage NR-I* 350 0 -350 (Land being annexed) NR-2 229.6 174.8 -54.8 NR-3 0 181.1 +181.1 NR-4 82.4 199.0 +116.6 NR-6 50.5 110.9 +60.4 NRMU- 12 29.3 31.9 +2.6 NRMU 4.7 81.4 +76.7 CM-G 0 57.1 +57.1 *Staff suggested NR-1 as part of the annexation, not as the appropriate zoning, but because we knew the owner was submitting this zoning request. The proposed CM-G zoning district would provide the type of uses needed in this area. However, the proposed acreage exceeds the 30-acre size as recommended in The DeNon Plan. Any proposed developmem on this site is required to be in compliance with the site design standards of the Developmem Code. An approved site plan for the proposed developmem will be required prior to the issuance of any building permit. Staff Findings 1. There is a slight increase of NRMU-12 acreage. 2. There is an increase of single-family densities. 3. The acreage proposed for CM-G uses almost doubles the acreage recommended in The Denton Plan. 4. With this proposal, there is a large amoum of land proposed for NRMU. in combination with the proposed 57.1 acres of CM-G, there is almost 140 acres of "commercial/office" zoning. PD-120, immediately south of the subject site and north of Loop 288, is approved for 2.77 acres of retail and 19.01 acres of office, immediately south of Loop 288, 31.5 acres of retail is approved. ATTACHMENT 2 Maps NORTH Location/Zoning Map Scale: None NORTH Land Use Map Scale: None Mobility Plan ~/~?~ Freeways ~ ~,, Primary Maj~rA~erials ~ Secondary Major A~er~als · ~'~ / Collectors Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map Newspaper Notification Date: June 15, 2002 200' Legal Notices* sent via Certified Mail: 5 500' Courtesy Notices* sent via 1st Class Mail: 11 Number of responses to 200' Legal Notice · In Opposition: 2 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 0% Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 11 Property Owner Responses Property Owner Name and In favor Comments Address /opposed* Lawrence E. Kuhlken, Favor No comments. Vanderlan Partner Favor No comments C£ear Cree~, RANCH Comprehensive Plan.Amendment -Project Plan- & Zoning Request -Zoning Plan- Prepared for May, 2002 Revised June 2002 Applicant Joel Broder, Owner's Agent Visiquest Properties, L.L.C., Manager Echo Capital I, L.L.P. 101.85 E. Bella Vista Drive Scottsdale, AZ 85258 Owner Lawrence E. Kuhlken et ux 11446 N. State Hwy. 16 Fredricksburg, TX 78624 Planning / Engineering Consultant Mark Donaldson Carter & Burgess, Inc. 7950 Elmbrook Drive Dallas, TX 75247-4951 Phone: 214-638-0145 Legal Consultant Bill Dahlstrom Jenkins & Gilchrist, A Professional Corporation 1445 Ross Avenue, Suite 3000 Dallas, TX 75202-2799 Phone: 214-855-4173 Project Summary Clear Creek Ranch is a proposed 749 acre mixed-use, master planned community loc'ated in North Denton. The community features greenbelts, school sites, park sites, worship sites, residential subdivisions and a variety of commercial land uses all woven neatly into a wonderful quality of life tapestry. The new Denton zoning code has provided opportunities to marry a variety of densities and land uses without compromising quality. The Denton Plan has encouraged, and Clear Creek Ranch will embrace, product diversity with high site plan and design standards. As a result, the residents of Clear Creek Ranch are expected to include all ages and household composition. The location provides excellent transportation access and proximity to future educational and City services like the new UNT research park and the City of Denton / DISD Natatorium. It is also relatively close to downtown Denton and a variety of shopping experiences. The major east-west arterial through the project will be Long Street. It will connect FM2164 (also known as Locust Street) to Bonnie Brae. This arterial will be the primary access to residential, commercial, educational and recreational parcels of land. Running parallel to the north will be a smaller residential avenue that will be used primarily for access to residential subdivisions. The two primary thoroughfares will be linked by residential streets, greenbelts, trails, sidewalks, and bike paths. Clear Creek Ranch comes along at a time when the City has made a commitment to its northern territory with new water lines, sewer plant capacity, school facilities and parks. The area is poised for a high quality well planned development that will set the standard for future projects. When fully developed, Clear Creek Ranch is anticipated to be home to over 2,500 households and a wide variety of businesses and recreational opportunities. It will be a true work-live-play environment. Summary of Zoning Request The property consists of 749 acres, located north of Loop 288 and west of FM 2164 (Locust Street). The entire property is currently designated as Neighborhood Centers on the Land Use Map of the Comprehensive Plan. One area, 57.1 acres located in the southeast portion of the property, has been proposed for Comprehensive Plan Amendment to Community Mixed Use Center. This site would be zoned CM-G. The balance of the property, approximately 692 acres, would remain as Neighborhood Centers land use designation, with proposed zoning from the family of Neighborhood Residential zoning districts. See the Proposed Land Plan and Zoning Classifications on the following pages. Particular Noteworthiness In the heart of the community, a core of educational and community park facilities are proposed: · An elementary school site of about 16 acres with proposed zoning of NR-3; · A possible community park facility of at least 30 acres with proposed zoning of NR- 4; · A possible high school site of about 50 acres with proposed zoning of R-6 and MRMU- 12; and · Potential for child care, YMCA, Boys and Girls Club and private schools. At the northeast comer of the community, 10 acres of NRMU zoning is proposed to be a buffer from the existing abandoned military facility to the north along FM 2164. If ever redeveloped, it is likely to be developed rather intensely. Multi-family development in this area is likely. A possible mixed-use, town center style of development of approximately 30 acres with neighborhood density and intensity is proposed in the area between the possible high school site and the proposed Community Mixed-Use Center to the east. This area carries NRMU zoning designations. The balance of the property has a variety of proposed neighborhood residential zoning to allow for an assortment of housing sizes and styles. Clear Creek RanCh 'Proposed Zone District Classifications Zone District I Area (acres) Area North of East-West Residential Avenue NRMU NR-6 NR-4 NR-2 NR-2 NR-3 NR-3 NR-3 10.0 18.3 47.8 30.8 56.6 54.7 15.7 31.2 28.1 NR-4 NR-4 26.7 NRMU 10.0 Area Between Arterial and Residential Avenue NR-6 35.9 NR-4 22.6 NR-4 16.8 NRMU-12 8.1 NR-4 35.4 NR-3 79.5 : 21.6 Area South of Arterial Roa.d (L, NR.-6 ,ng Street) 22.2 NRMU-12 23.8 NR-6 34.5 NRMU 33.3 NRMU 28.1 CM-G 57.1 'TOTAL ] 748.8 Thoroughfare System, A proposed "secondary arterial road" (City designation) will run in an east-west direction from FM 2164 to Bonnie Brae. The City anticipates this being called Long Street. This will be the spine road for Clear Creek Ranch. When fully constructed, it will connect the UNT campus / research park to FM 2164 through the community. East of FM 2164, Long Street will eventually connect up to the new City / DISD shared facility campus. Residential Avenues will provide connectivity and access to the balance of the community. Greenways Clear Creek Ranch has significant amounts of land located within Flood Plain. In addition, there are a number of ephemeral streams and on-channel ponds that are anticipated to be classified as jurisdictional waters of the US. These water features will be preserved as greenways and developed in accordance with City of Denton Environmentally Sensitive Area development criteria. Existing watercourses and ponds have been used to define zone districts and neighborhoods. Greenways and residential avenues will provide multiple modality access to neighborhood parks, businesses and recreation facilities. ~PhasinR Clear Creek Ranch will be developed in phases as demand warrants. It is anticipated that development will occur primarily from east to west along the property with single family detached housing leading the first phase of development. Assessment of Public Facilities Roadways The property is adjacent to FM 2164 on its eastern boundary. FM2164 is currently a two lane paved road. It provides access to an interchange at Loop 288 and a direct route to downtown Denton. The property has access to Bonnie Brae at its southwestem comer. Bonnie Brae is currently a two lane paved road that connects to State Hwy 77 and provides good access to Loop 288. It also provides a direct route to the University of North Texas at its new northern property (the old TI plant) and its main campus. Loop 288 is a four lane controlled access highway in this area. It provides access to Interstate 35 to the west and State Highway 380 to the east. FM 2164 and Bonnie Brae will provide adequate access to fully develop the property and connect to the Denton Thoroughfare system. A traffic impact study will be prepared to help determine the scope of improvements required to provide adequate capacity.' Water ' A new City of Denton water transmission line that will be constructed on the north side of Loop 288 between FM 426 and a new City of Denton water storage facility just west of 1-35 is scheduled for completion in the very near future. With public improvements required at the time of development, this transmission line will provide adequate water capacity for full development of the property. Wastewater In the long tem~, depending upon the phasing of development, it is anticipated a new wastewater treatment plant to be built within the Clear Creek drainage basin will serve the community. In the interim, a system of gravity lines, lift stations and force mains will be utilized to connect to existing interceptor lines within the Cooper Creek or Pecan Creek service areas of the City of Denton wastewater collection system. Capacity at the plant is anticipated to be sufficient. Drainage The property is within the Clear Creek drainage basin. Four tributaries of Milam Creek extend through the property and provide connections to Clear Creek. Existing jurisdictional waters of the U.S. will be preserved and utilized to convey storm water to Milam Creek and Clear Creek. It is anticipated that existing flood plain and greenways will be utilized to detain and convey storm water where feasible. Additional drainage improvements with on-site retention will provide adequate drainage capacity where necessary. A preliminary drainage study for the entire property will be completed prior to General Development Plan submittal. Solid Waste The property can be efficiently served by the City of Denton solid waste department. Environmentally Sensitive Area Flood Plain. At present, it is the intent to preserve in a natural condition the existing FIRM 100 year flood plain on the property. Development will be limited to minimal street crossings and meet the requirements of the Denton Development Code regarding Environmentally Sensitive Area. Stream Buffer. 26,305 linear feet of ephemeral streams have been identified on the property. There is minimal riparian area along these streams. Development will be limited to minimal street crossings and meet the requirements of the Denton Development Code regarding Environmentally Sensitive Area. Upland Habitat. There is no upland habitat identified on the property. Schools DISD area schools are currently at or near capacity. Based on the timetable and phasing of development, it is anticipated that new schools will need to be built in the north Denton to accommodate Clear Creek Ranch and other future developments. DISD has been reviewing their needs for this area and planning accordingly. An elementary school site located within the community will be donated to DISD. The land plan also identifies a potential site for a new DISD high school. Clear Creek Ranch Jurisdictional Waters Map ]? Z~ # I t I I II I CondcnseItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 COMMISSIONER RISHEL: Thai concludes Itcun No. 6 on our Agenda and brings us to Items No. 7. And we will take Item No. 7 and Itan No. 8 jointly as a presentation. And then I'll ask for the Commissioners to bring that back to us as individual itans as 7 and 8, so we can vote on those separately. And I believe that our presenter is going to be Mr. Chris Hatcher. And Mr. Hatcher will give the staff report. MR. HATCHER: Good evening, Chairman and Commissioners. My name is Clxris Hatcher, small area planner. The applicant is requesting an amenchnent to the Page 1 288 and east of Locust Street. 2 Staff has not received any letters in 3 opposition to this Comprehensive Plan Amendment. The 4 applicant is available to provide justification for the 5 Comprehensive Plan Annenchncnt. If there are no further 6 questions -- 7 COMMISSIONER RISHEL: commissioners, any 8 questions of Mr. Hatcher regarding Item No. 7? Thank you, 9 Mr. Hatcher. And Ms. Viera will present on Item No. 8. 10 MS. vmr~A: oood evening. The applicant is 11 ~'cquesting a multiple zoning designation related to the Comprehensive Plan by changing approximately 57.1 acres of neighborhood centers to conmmnity mixed use activity center. This Comprehensive Plan banenchnent is part of a 750-acre development that the applicant is proposing. The applicant has also submittext a zoning application in which single family and multi-family residential, conunercial, a park and a high school are proposed. The applicant is seeking community mixed use activity center designation to allow for the development of a retail ccnter which would be limited in size and scale under thc 12 t3 14 15 16 17 18 19 20 21 22 neighborhood's residential zoning fmnily. In addition, it's also requesting approximately -- I'm sorry, co~mnunity mixed use designation for approximately 57 acres as Chris mentioned before. A breakdown of the zoning classifications on acreages -- have been provided in your backup for your reference. A development of this ~nagnitude 750 acres will be required to be provide major infrastructure such as water, waste water, drainage and transportation improvement. Staff is currently reviewing computer neighborhood center's designation. The proposed amenchnent -- excuse me -- the proposed amendment is compatible with the surrounding land uses identified in the Compreheasive Page 30 Plan Land Use Map. Staff has concern about the potential magnitude of the commercial development in this area for a 23 24 25 analysis for the waste water sys~n, but, unfortunately, we didn't get our traffic impact analysis for review as a part of this process. Page 32 I would like to add that every information and issues mentioned by Chris Hatcher is also applicable to this application. Both applications overlap. Overall, nmnber of reasons. First of all, the Denton Plan recommends that the typical neighborhood mixed use conununity center is no larger than 30 acres. The applicant is requesting 57.1 acres. That is almost twice the size rccolmnended~ The Denton Plan akeady identifies the intersection of Loop 288 and Sherman Drive and the intersection of Loop 288 and Locust as coimnunity lnlxed use 4 5 6 7 8 9 10 11 the applicant is proposing a slight increase of NRMU-12 zoning designation, an increase of single family densities and the proposed 57 acres of CMG zoning designation. In addition to the proposed NRMU and the existing approved office and retail uses under the pr)-120 right south of the proposed development have the potential to create a massive retail commercial office node. The applicant is here to answer any activity center serving this ama. Thc proposed amcnchncnt would allow an additional 57.1 acres of comanunity mixed use activity center to service this area. t'Dq20 or Planned Development t20 located directly south of thc property also allows colmncrcial and office uses. The proposed development has over 80 acres zoned neighborhood mixed use, which -- that could be a potential -- that would allow potential co~mnerclaI development. Staff would like to note that by allowing the cormnunity mixed use activity center on the northwest quadrant of Loop 288 and the Locust intersection, it would open up future requests for increased development intensity in the adjacent lands north of and south of Loop 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 questions that you may have. It is my understanding that they have a presentation for you and staff is available to answer any questions that you may have. COMMISSIONER RISHEL: Thank you, Ms. Viera. Once again, th~s is a public hearing and the petitioner is here and would like to present. If you would come forth and give us your name and address. COMMISSIONER MULROY: I have one question. COMMISSIONER RISHEL: Mr. Mulroy. COMMISSIONER MULROY: Yes, I'm sorry, Mr. Chainuan. I had one question of staff. COMMISSIONER RISHEL: I did not see your light. Thank you. COMMISSIONER MULROY: That's quite all PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 29 - Page 32 CondenscltTM 1 2 3 4 6 8 9 10 11 12 13 14 16 l? 18 20 21 22 23 24 25 Page 33 right. ' COMMISSIONER RISHEL: Is that Ms. Viera or Mr. Hatcher? COMMISSIONER MULROY: I think perhaps both together and before we get started with the applicant's presentation, I just would like a little background. The conurmnity mixed use is being applied for, you're saying is twice as big as what we nonr~ally recommend, but what we normally recommend -- what's the proportionality for that center, how large a neighborhood would it nonmlly be 1 2 3 4 5 6 7 8 9 10 Page 35 288 is just off the property to the south and Bonnie Brae is our western boundary. This property is characterized by gently roiling hills. It's a very beautiful tract of land in terms of the topography. There are inten~ittent streams. Basically, the drainage areas and then there are three or four ponds on the property as well, a very beautiful tract of land. And those are whom we start. We start with the environmental attributes of the property and we take the design from them. serving versus this 750 acres? I'd like to get a better handle on the proportionality. COMMISSIONER RISHEL: That might be a question that's easier to smmnarize after the petitioner has a chance to present. COMMISSIONER MULROY; I'll be happy to defer to them. COMMISSIONER RISHEL: And then that will give the staff a little time to look at that question. So if we could ask the staff to keep that question in mind, we'll come back to Commissioner Mulroy after the 11 12 13 14 15 16 17 18 19 20 21 In looking at this type of development, this is truly intended to be a master plan development, master plan, though using the City's new development and zoning regulations which we really like actually. The zoning will lay the foundation for the development, and we will be drafting some fairly strict CC&R'S for the development of the property. So we will have design guidelines built into our CC&R's for this development. At the outset we want to make sure that this is a sustainable development, that is, we believe that we've got an opportunity with petitioner. Once again, if you'd give us your nmne and address. MR. DAHDSTROM: Yes, sir, Mr. Chair, Commission, Mr. Snyder, my nm~te is BilI Dahlstrom. My Page 34 1 address is 1445 Ross Avenue. And it is truly a pleasure 2 to be here tonight. We are working on what's going to be 3 a most exciting project for the City of Denton. We are 4 very excited about this. And we think that it's going to 5 be a tmmendous asset for the City as soon as we get the 6 Power Point up. 7 This project is called Clear Creek Ranch. 8 And, again, as soon as we get the Power Point up, hem we 9 go -- Clear Creek Ranch. With me tonight is Joel Broder, 10 representative, the owner as well as Mark Donaldson who 11 will be helping with the presentation tonight addressing 12 some of the technical issues. Again, we've got two 13 requests before you tonight. One is the Comp Plan 14 Amendment to go to the community mixed use activity 15 area. And the second is the zoning application and what 16 we'd like to do in our presentation, we would like to go 17 pretty quickly, go on and cover the location, development 18 concepts, the status of the property in tomos of its -- 19 where it is in the jurisdiction. Part of it's currently 20 being annexed and get into the specific request that we 21 have before you tonight in terms of the Comp Plan and the 22 zoning application. 23 On the slide you see the location of Clear 24 Creek Ranch again. This project consists of 750 acres. 25 Our eastern most boundary is FM 2164 LOCUSt, 288 -- Loop 22 23 24 25 1 2 3 4 5 6 7 8 9 10 this amount of land in this location, the way the growth pattern is going for the City, that we can provide an area where people can live, work, recreate, worship, shop, offices, et cetera, on this property, so we want it to be 11 12 3 14 15 6 17 18 19 20 21 22 23 24 25 Page 36 a sustainable development. The planning concepts that we are reading nowadays over the last few years based on neoclassical, neotraditional, new arbanism type of concepts, they are promoting diversity of different land use types. Diversity in terms of different types of -- different types of residential units, different types of retail and conunercial, all within the same development, and we want to provide the opportunity to provide the choices. This is what's going to make the development intcresfing~ to provide fl~e different opportunities for the different land uses on tho property. Of course, you have to have a very logical order of land uses. You want to make sure you have the appropriate buffer uses. You want to make sure you have a focal point in tho community, and when you see our land plan, I think you'll see, we've got a focal point. We are actually going to be dedicating land to the school district as well. And if you -- as you-all know, one of the traditional land development or planning concepts over the last 150 years plus has been locating a school in the middle of the development and having the development around the school and tying it in with connectivity that is pedestrian, vehicular, boats, where a person doesn't PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 33 - Page 36 Condens¢ItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 Page 37 need his car all the time. They can walk around the development. Functionality is another -- we believe, again, people will live here. The functionality of uses is the important issue, making sure uses provide buffers between more intensive and less intensive uses, you know, almost a hierarchy of uses. We all know about the nodal concept where you have the cormnereial and more intensive uses at the intersection of major streets. And as you go away from the intersection, you basically have a hierarchy so that the less intensive uses aren't i~mnediately right next to the more intensive uses, so that's what we mean by functionality. The connectivity is a critical issue and we picked this up, obviously, as part of the City's Comprehensive Plan, but we believe that it's necessary to be able to get people moving through the development, not just in ten~s of vehicular access, but, also, in terms of pedestrian access. As part of our development we are going to have hike and bike trails connecting the school sites, the residential arcas, the almost 60 acres of open space as welt as pocket parks that we will have throughout the development. But again, where we start is with the naturally built -- or the natural environment. We need to Page 3 8 Page 39 1 see in red on the site plan over to my right. And we have 2 the request for nmltiple zoning districts as part of our 3 zoning application. 4 In looking at the Comprehensive Plan 5 Amendment, the question is what is the appropriate land 6 use for tha~ 57 acres? What is the appropriate 7 classification for that acreage? It's, again, irm~aediately 8 right on what is going to be a major significant link 9 between the City and Lake Ray Roberts in northern Denton 10 County. 11 It's going to be a very significant road. 12 We have another major connector on the City's thoroughfare 13 plan, on the Comp Plan, running through the property. So 14 that creates a very strategic and important intersection 15 at this location. This depth is about 600 feet. The role 16 of thmnb for a grocery store is they like 600 feet in I7 order to provide their building pad, but also a parking 18 field in front. 19 And if you've seen -- it's actually a 20 curious trait about grocery stores, people will park down 21 the middle. They won't park out to the side. So they 22 like thc 600 feet to provide the parking field in front so 23 that they can provide where people want to park, even 24 though it's not as close as some of the parking off to the 25 side, the front doors are where people are going to want Page 40 know what's on the property that actually adds to the esthetics and to making thc property an interesting development. And there are certain things we can do in terms of the built environment to provide the focus, a focal point as well. And, again, I will get into that a little bit later. The second major issue I wanted to discuss with you is the status of the property in terms of annexation. Approximately 245 acres down in this location was not -- is not currently part of the City. We have voluntarily asked for annexation. We've had the public hearings, and I believe in August is when the ordinance will be read. So we arc bringing the property completely within the City's jurisdiction. That leaves approximately 405 acres, which is currently in the City as well. P & Z reconunended approval of the annexation and recommended an interim -- well, not really an interim, but a zoning classification NR-1 in the event this zoning doesn't move forward. It's my understanding that the Na-~ will be on the same City Council docket as this application that's before you tonight. But the bottom line is the P & Z has reconunended approval of the annexation. Again, we've got two requests before you tonight, request for conununity mixed use activity area on 57 acres. And that is what you 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 t7 18 19 20 21 22 23 24 25 to access to. We also looked at the market potential and what's happening in this area. This is obviously a high growth area for the City. This is a tremendous -- this is the time to start planning for this type of activity because in the future this is where development is going to go. We have that opportunity right now. As was mentioned in the staff presentation, PD-I20 is in this location. It is community mixed use. And it is a PD-120 for our office uses. There are a couple of other issues on the property, physical issues of the property that hetped us or actually basically mandated why this property is in the design it is, the configuration is basically a square and then another square. The one issue is a power line, and if you look on the slide to my left, there is currently an electric transmission line in this location. So it essentially frmnes a 48-acre parcel of land, separates it from what's going to be further to the west. The other issue that I mentioned cartier is the location of this intersection and the comer. This is an excellent comer and the 600-foot depth which is, again, the role of thumb for grocery stores. Something else that's of major importance, because we see this as a grocery store location, the PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 37 - Page 40 CondcnscltTM t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 City's wet/dry line is in this location. It's about 500 feet away from thc right-of-way. That's one of the issues that helps lead us to believe that this is a good grocery store, again, great circulation, great access. The location of the wet/dry line and, of course, the depth. And it all would tie together. So we've got, again, the market consideration. We've got the power line which helps frame 48 acres out of the 57. And then the location of the grocery store site. This is what the community mixed use would look like on the plan, which, again, is the same property as -- on that drawing. 1 2 3 4 5 6 7 8 9 10 11 12 Page 43 subdivision development, or community development. We have in this location the elementary school site, which we will be dedicating to thc school district~ This is a potential park location, again, right next to the school site and flanked by a greenbelt on either side. The greenbelt is going to provide part of our hike and bike trail system, so the natural amenities that are there, the natural creeks and streams will be helping us identify these hike and bike trails in providing the connectivity. We see this as a potential high school site. Again, the focal point being starting with the educational uses. Again, that's drawing upon Market potential, location, location. Again, this is in a -- right smack in the middle of the growth corridor. There is going to be growing local demand, and, again, 2164 is going to be a significant 13 14 15 16 many, many years of sound Iand planning. But that's not the only focal point for this development. We are calling this our Town Center. This is the area where wc anticipate -- major road for the City. That plus thc location of Long Street provides the critical intersection, strategic intersection for COlmnereial and retail uses. Retailers, restaurant operators have various market areas that they like to draw upon. Because of the location further south of restaurants and what I would consider to be more regional retail, we anticipate that the market area would be more in this location drawing down from some of the more rural Page 42 areas down to the northern part of the City. And I think 17 18 19 20 21 22 23 24 25 COMMISSIONER RISHEL: Mr. Dahlstrom, let me -- being we have combined Items No. 7 and 8 on our Agenda, I want to look at my Co~xunissioners and see if they want to extend some time here to the Petitioner. And is that a consensus? Do you want to give him "X" amom~t of minutes? Three to five minutes? Can you wrap things up in three to five minutes or do you have other presenters? MR. DAHLSTROM: Mr. Donaldson is going to present next. I'I1 just finish up by saying this is our Town Center where we will have more of a pedestrian that's recognized also in your Comprehensive Plan. The Comprehensive Plan also recognizes property to the west as being -- immediately west of us being mom in the regional category. Again, the location of 2164 and Lake Ray Roberts -- 2164 is going to bca major road, a major significant road. This drawing shows the -- what's on the Comp Plan as a major regional area immediately west of our flavor, mixed use, what you'd typically see in a town center with retail office and multi-family units. At this point, I'd tike to turn it over to Mark who will go through the zoning request and, again, we appreciate your time. COMMISSIONER RISHEL: Thank you, Mr. Dahlstr°m. MR. ~)ON^~.USON: ~hank you, Mr. Chair and property, and the current major retail area, again, regional retail area which ia towards the south of the property, so them is a tronendous opportunity for future expansion of retail and conunercial uses to the north. That being said, this is our land use plan. As you can see, I talked about the nodal concept of dcveloplnent. We consider this to be, again, a major activity area, regional, or corm~ercial regional -- conunercial activity area for the reasons I mentioned. As you can sec them are various levels of residential uses, so this is l~roviding the choice, the diversity of residential types. This is what makes residential development successful is providing the connectivity and the different types of residential uses. I mentioned the focal point earlier and this is a critical issue in tcm~s of 10 11 12 13 14 15 I6 I7 18 19 20 21 22 23 24 25 Co~mnission. Good to be here. Mark Donaldson, 3216 Staghorn Circle, Denton, Texas. COMMISSIONER RISHEL: Thank you, Mr. Donaldson. MR. DONALDSON: Zoning request based on the land plan that we've developed which we -- think really reflects the existing City Land Use Plan, the existing natural featm,es of the property, the surrounding uses, and surrounding zoning, the thoroughfare plan and its needs, and the whole neighborhood center's concept. And I just want to very quickly walk you through the process by which we went through here. It's just to lead you to the end result which reflect the zoning request that we've made. The existing City land use plan as Bill mentioned, the regional ama to the south and west, the Page 44 PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 41 - Page 44 CondenscItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 conununity land uses to the south and east corner, immediately south of us is t'r>-12o which has existing office zoning, which is a big share of the existing co~mnunity mixed use area. I doubt that they will give that up, and the access to the arterial roads really is a key. Loop 288, a limited access freeway style road with connections at Bonnie Brae and Locust and immediate access Page 47 intensity centers to thc edge of our property, so that they will serve multiple properties, and then we've created greenways and parks as individual neighborhood focus. Again, the elementary school site really occurs at the core of the property surrounded by residential and what linked to thc community park and the to Highway 77 and 1-35. Here's the City's land use plan, the large purple in the northwest corner of the City is the regional area. The very small area right there is the conununity mixed use area. We simply want to expand that a little bit. Our project bridges the gap between those two areas. There are some existing natural features on the property that have led us to the creation of the greenbelts that you see, the preservation of some very nice ponds. There's flood plain, some hills that provide great views. There is very little vegetation, so we will be creating the greenway part of the greenways. This map shows flood plain ponds. Hill tops in three locations with views generally to the north and northwest. They become focal points for some of the zone districts that we've created. These greenways reflect the ephemeral streams that are there, the flood plains and the ponds. Those will be preserved. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proposed high school sites, and then the proposed NRMU area which can be a village and town center site. So that's our core and we kind of spin around that. Again, pulling our intense areas to the edges where we do have some adjacency issues that we've proposed an NRMU area in our southwest corner that's adjaccnt to -- COMMISSIONER RISHEL: Mr. Donaldson, you have one minute. MR. DONALDSON: okay. Thank you. That's adjacent to the City's regional mixed use area. We've created another NRMU district at our northeast corner. That's adjacent to the current Mistlcbase site. An NRMU district along our south -- south of Long Street extension and adjacent to the conununity mixed use area that we've proposed. And then the con'mmnity mixed use area in the southeast corner. So those intense uses are pulled to the edges. We've got a civic core in thc middle and then the Page 46 I Surrounding uses and zoning, again, the highway-oriented 2 land uses to the west and the southwest proximity to the 3 IrNT north campus, the corm'nunity land uses in PD-120 and 4 then the fenner Mistlcbase on our northeast comer is also' 5 a factor. 6 Thoroughfare plan, again, the access to the 7 arterial is the extension of Long Street through the 8 property and the whole concept of connectivity. Loop 288, 9 a major factor in what we've decided to do in combination i0 with the extension of Long Street. 11 Locust provides direct connection to 288, 12 Bonnie Brae -- indirect connection to 288, direct 13 connection to Highway 77. Extending Long Street through 14 the property in conformance with the City's thoroughfare 15 plan, severs to a certain degree thc areas south of that 16 area. So that will have a somewhat different character 17 than the areas north of it. 18 And then our residential avenue system 19 creates the opportunities for connectivity. To the north 20 south and east we're bounded quite -- there's a very heavy 21 constrain with the flood plain with our west boundary. 22 The whole concept of neighborhood centers, 23 we wanted to create a real civic core to our project. 24 We've proposed a high school site, the elementary school, i25 community park and town centers. We've pulled our high i 2 3 4 5 6 7 8 9 10 11 t2 13 14 !15 18 19 20 21 22 23 24 25 Page 48 balance really becomes relatively low density single family residential areas. To summarize 523 acres of neighborhood land uses, 57 acres of community land uses. A total of 76 acres of proposed school sites, and a 35-acm proposed con~nunity park, and 59 acres of proposed greenways, three complimentary planning areas south of that arterial road, north of the arterial, but south of our mst/west residential avenue and then north of the residential avenue. Each of those three have fairly distinct characteristics. COMMISSIONER RISHEL: Mr. Donaldson, are you going to wrap it up shortly here? MR. DONALDSON: Here's my last slide. COMMISSIONER RISHEL: Thank you, sir. MR. DONALDSON: And this is just a smmnary of the zone districts that we have in the project. That table looks like this when you put it on a plan. COMMISSIONER RISI-IEL: Thank you, Mr. Donaldson. Once again, this is a public hearing. I'd like to -- I had a card and I think it was one of our petitioners. Is there any other cards that we have before us regarding Items No. 7 or Item No. 8 on our Agenda? And I have a card from Mr. John Peppler. Mr. Peppier, would you care to address the Co~mnission7 PLANNINO AND ZONING COMMISSION JUNE 26, 2002 Page 45 - Page 48 CondcnseItTM 1 2 3 4 5 6 7 8 9 I0 I1 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 MR. PEPPLER: oood evening, ladies and gentlemen. First-- COMMISSIONER RISHEL: would you give us your name and address, please? MR. ?EVrCgR: okay. It's John Peppier. 2382 Chinn Road. COMMISSIONER RISHEL: Thank you, Mr. Peppier. MR. PEPPLER: First let me say I'm not opposed to any expansion of the City. Without that, the City gets stagnant. But being that my land, some of my wife's -- and neighbor's -- do a joint right behind us. They really would like to know a little bit more of what is going to be behind us. I mean, I see in the plan, but, I mean, is behind us going to bc apartments? You know, is it going to be residential housing? Some of it is not in detail of how the northwest corner of that property would be accessed, beings there is already housing, development around it, some farm land. Thc roads don't go all the way through. COMMISSIONER RISHEL: Mr, Peppier, maybe Mr. Dahlstrom would loan you his laser pointer, and you could show us where your property is located approximately and then he could address your question more specifically, perhaps. ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 new neighbor hasn't even gotten a chance to move in. You know, he doesn't even know this yet. But -- and I would like to have some copies from the Planning Commission or the Planning people to study them a little closer to see where we're going with this. I just think myself and my neighbors need this -- the opportunity to look at all of this a little closer, and I don't know how the Council feels about it, but I think that's about all I have to say. COMMISSIONER RISHEL: And, Mr. Peppier, it was mentioned earlier, I think, that you probably heard, that this -- part of the property is currently not in the City, and they have requested voluntary annexation into the City. So some of those roads that were currently County roads would then be City roads and would be maintained by the City after the development, and they would meet City standards as they went in. MR. PEPPLER: well, they border line right -- the zoning shows to be the borderlines of the road. COMMISSIONER RISHEL: Yes, sir. And I think we have people on our staff that will be able to tell you how things that border County/City, how those are going to be presented. And maybe even the petitioner might be able to clarify that for you. MR. PEPPLER: ^nether thing about that Page 50 MR. PEPPLER: well, it would be right about there. COMMISSIONER RISHEL: okay. That's great. Thank you. MR. PEPPLER: Because the roads -- I've proposed the roads showed there don't show exactly how that is going to be accessed and, you know, where are we going from here because, you know, I don't mind having new Page 52 particular property, there's a lot of flood plain in there. What are they going to do about that? Are they going to make it -- you know, you've got to fix it first. COMMISSIONER RISHEL: I know they're listening to you. Anything else, Mr. Peppier? MR. PEPPLER: That's it~ COMMISSIONER RISHEL: okay. Commissioners, any further questions of Mr. Pcppler? Thank you. homes bdfind me, but, I don't want, you know, 300 apartments behind us either. And the other thing is -- one of the things is because it's County roads and County maintained, how are they going to take care of that because it's going to have a lot of traffic to roads that's already not well-maintained. The County already came and rebuilt the road last year and it's already breaking done, and that's normal traffic. You know, you add this amount of cars and traffic to an area, what are you going to do about it? You know, it has to be done beforehand, not after .4 not after the road becotnes deteriorated. And really how far are we going to go after this? I mean, the way this is laid out, it's going to be right at my back property tine, and we are both in the 200 and 500 foot boundary, and my other neighbors, you know, would like to know, too. Unfortunately, I have one brand 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Anyone else? I have no other cards that -- of persons that would like to speak before the Commission regarding nmnber -- you would. Okay. I did not have a card and I've requested cards. So would you give us your name and address? MS. PEPPLER: I'nl John Peppler's wife, Lavena Peppier and I had some additional concerns. The existing roads just are the boundary right now on thc east side of the annexation or the proposed zoning. I'm extremely concerned about the flood plain. I purchased my property knowing that there was a flood plain back there and potentially it might defer build~ng. That's a very important issue to me is roads. How is it going to take all that congestion and the flood plain. It don't want it where it could hurt us in any way. COMMISSIONER RISHEL: I understand. MS. PEPPLER: And, again, I'd like copies PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 49 - Page 52 CondcnscItTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 Page 53 like my husband said. COMMISSIONER RISHEL: Thank you, Ms. Peppler. Commission, any further questions of Mrs. Peppler? Thank you very much. MSt PEPPLER: Thank you, COMMISSIONER RISHEL: Once again, is there anyone else who would like to address the Commission regarding Items No. 7 or Items No. 8 on our Agenda? Seeing none -- MS. BREWER: I'm sorry. I didn't give you a card either. COMMISSIONER RISHEL: If you'd come forward and give us your name and address. MS. BREWER: I'm Laura Brewer. I'm 1966 Chinn Road. I'm at the opposite end of the road of them and it doesn't really affect me other than I'm the realtor who sold the people who aren't able to be here tonight their property. So I'm asking questions on their behalf. The road -~ Ch~nn Road deadends where the last creek is. Oh, thank you. How do you work this thing? I'm just a realtor. Chinn Road deadends about right there. So my question is is that this road that they're proposing to go out to the north goes to nowhere. Chinn Road deadends into someone els. e's property. And there's no access to the north or to the west. So that's I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 55 petitioner to present and answer the other questions first and then -- COMMISSIONER APPLE: Yell bet. COMMISSIONER RISHEL: SO I'll ask thc petitioner to present and they have a specific time frame for that. And if you could answer the question specifically if you'd like to regarding the Pepplers' and the Brewers' had and then Conunissioner Apple and maybe so,nc other Colmnissioners have questions for you. MR. DAHLSTROM: The first issue being the adjacent land uses, this is probably the lowest density residential on tho property, these two locations. So it's not proposed to be nmlti-fmnily. It's proposed to be single family. And I think it's two units an acre is the density. So it's a pretty low density in that location. As far as the flood plains go, those will be dedicated to thc City as part of the open space and hike and bike trails. So that impact will be minlmal, the -- obviously, this scale of a map, you don't show every single road. What we're showing are thc major skeletal roads. And some great issues were raised, this road is intended to be mere of a residential road to separate the residential traffic from the nonresidential traffic which would be on Long Street, which makes a lot of sense in Page 54 my question to them where -- I mean, when these people move in where are they going? Arc they just going to dcadend at the road or is there roads planned -- I mean, the City may know are there roads planned east and west from 1-35 to 21647 Milam's the only one that goes right now. So do we have something else planned on Ganzer or Chinn. I don't think Long's going to go throu~ to 35. I don't know. So that's my question, What roads are we going to have to the north that's going to access east and west? COMMISSIONER RISHEL: okay. Thank you very much. Co~mnissioners, any questions of Mrs. Brewer? Thank you, Mrs. Brewer. Having no further cards, and we'll petition, is there anyone else who would like to speak before the Conunission? Seeing no one who would like to speak, I will close the public hearing and turn it back over to the petitioner who has time for rebuttal at this point in time -- excuse me, Conmfissioner Apple. COMMISSIONER APPLE: I actually have a question. COMMISSIONER RISHEL: YOU have a question for the petitioner. COMMISSIONER APPLE: I have a question for the petitioner. COMMISSIONER RISHEL: DO yOU want thc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 this kind of development. So, again, there will be additional roads throughout the development. And I believe sound planning requires us to dedicate certain collectors at thc boundaries so that when property develops in other locations those collectors and arterials are available. I think those are the primary issues raised. COMM[SSIONERRISHEL: Mr. Donaldson probably knows as much about our mobility plan as anyone, would you care to address anything farther regarding the Mobility Plan or how the sharing of joint roads that would be County/City roads are shared and maintained7 MR. DONALDSON: I don't know that I can get into that. But the thoroughfare plan reflects that Oanzer Road would be an arterial road connecting from 35 over to FM 2164, ultimately thc residential collectors that we have shown would lead up in that direction whether they can get there or not. We don't know yet. But we're showing that those roads to meet the City's connectivity requirements. Thc City/County relationship, they siinply divvy up the roads, and in some cases decide who takes jurisdiction. Sometimes the County takes the north/south roads. Sometimes the City takes the north/south roads and they flip-flop, tt depends on where it is in relation to PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 53 - Page 56 CondenseItTM Page 57 I the City limits, 2 Keep in mind that all of the northern half 3 of this property is akeady in the City limits. The 4 property adjacent to the Chinn Road folks is in the City 5 limits now. We're annexing the southern part. 6 COMMISSIONER RISHEL: And I think we had 7 some Co~vanissioners that had some questions and I'm going 8 to come back to Conunlssloner Apple because she had 9 indicated she wanted to speak prior. 10 COMMISSIONER APPLE: My mike button seems 11 to have gone out. 12 COMMISSIONER RISHEL: That's fine. Your 13 mike is working fine. 14 COMMISSIONER APPLE: Thanks. I just have a 15 couple of questions about just the various little spots 16 that are zoned. For example, the proposed park site, 17 which is it looks like around 35 and a half acres 18 requesting NR-4, I'm just wondering why that couldn't be, 19 say, NR-2. Iguess my concern is what if it isn't a park? 20 That's my first question. 21 MR. DAHLSTROM: That's why we're requesting 22 it for NR-4. If the City doesn't purchase it for a park, 23 then we would like the ability to do the NR-4 on that 24 site. 25 COMMISSIONER APPLE: okay. So that's -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 58 MR. DONALDSON: And the reason is its adjacency to our proposed high school silo, and its location in that central band of zoned districts which is slightly more dense than the northern tier of zone districts. COMMISStONERAPPLE: okay. So that is contingent upon the City of accepting the donation of park land; is that what I understood you to say? MR. DAI-ILSTROM: NO, it would be the acquisition. We have talked to the Parks Department about 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DAHLSIROM: That will be dedicated -- donated to the school district for the elementary school. COMMISSIONER APPLE: BUt then if that is not an elementary school you'd like the ability to do three -- MR. DAI-ILSTROM: I'm sorry. Yes, yes. NR-3. COMMISSIONER APPLE: -- houses rather than doing that. And then my next question would be regarding District V, which is it looks like some 50 acres, again, proposed high school site NR-6. And if it's not a high school site, then you'd want to do the NR-6? MR, DAHLSTROM: NR-6. COMMISSIONER APPLE: okay, Then on the two NRMU. District W and District X, do you have any vision of what you see going in there? What use for that? MR. DONALDSON: Remind me which ones arc W and X. 1 2 3 4 5 6 7 8 9 10 COMMISSIONER APPLE: Hey, it' S your plan -- no. MR. REICHHART: It's the two NRMU districts to the south of Long. MR. DONALDSON: Yeah. COMMISSIONER APPLE: The pink ones. MR. DONALDSON: Down in here. Working in acquiring that property. COMMISSIONER APPLE: okay. COMMISSIONER RISHEL; clarification, Mr. Reichhart. MR. REICHHART: YeS~ And the size of that park land would be above and beyond what would be required 11 12 13 14 15 16 Page 59 Page 60 along Long, one of the -- we will locate an amenity center for the subdivision -- or for the development which would ultimately become headquarters for the Homeowner's Association and that sort of thing. We also would see a multi-family project in the area and fl~en a neighborhood scale mixed use retail office/garden office style with the opportunity of doing some townhome style or residential because PDq2O along the southern border has the rights to do town home residential at five, six and eight units to the acre, so that would reflect -- would match up with through the subdivision regulations? MR. DAHLSTROM: correct. COMMISSIONER RtSHEL: Thank you, Mr. Reichhart. MR. RE/CHHSmT: And it would be a regional park as opposed to a neighborhood park. COMMISSIONER APPLE: And then is the same true for the acreage just next to that for the NR-3 zoning that ~s thc proposed elerneolary school? that. So NRMU preserves, you know, the greatest flexibility for us. We certainly don't have any firm plans yet, but it provides the gmateat opportunity to do things at a neighborhood scale that can satisfy some of the retail and service needs for the surrounding 17 development. 18 MR. DAHLSTROM: we vision it as being -- 19 the uses being complimentary next to the school, next to 0 the potential park site, maybe fitness centers or places 21 of worship. That's our vision for this conununity is for 22 there to be multiple complimentary uses in that location. 23 COMMISSIONER APPLE: I appreciate it. I'm 24 just having difficulty wrapping my brain around this 25 because there are so many designations and there's so much PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 57 - Page 60 CondenscItTM 5 6 7 8 9 10 11 12 13 14 15 16 I7 I8 I9 20 21 22 23 24 25 Page 61 proposed, and possible and could be's and what iris and -- thank you. COMMISSIONER RISI-IEL: commissioner Roy. COMMISSIONER ROY: Following up on that point flint Co~mnissioner Apple just made. The NRMU where Page 63 1 related to something that the public asked and that 2 in the northwest section on the west side of the 3 floodplain, how do you plan to access that? 4 MR. DAHLSTROM: well, if it doesn't come in 5 from outside, we would have to cross the creek, the you show proposed town center site, I think I heard you say you are considering multi-family, so you're expecting to come in with an sue to put multi-family in there? MR. DAHLSTROM: Again, tho concept there is a pedestrian-oriented -- yes, multi-family with -- you know, pedestrianboriented retail and offices, excuse me. COMMISSIONER ROY: SO WO can expect to sec you again, you're saying? MR. DAHESTROM: If that's what it takes. I do believe, though, to follow up on that point, what makes a town center successful is having that residential component right there. That's what makes those types of developments successful. COMMISSIONER ROY: The two proposed school sites, have you had discussions with the school board and can you characterize their position? MR. DAHLSTROM: W6 met with the superintendent. The -- again, the elementary school site would be donated to them. Actually we had it located on another portion of the property and they suggested that 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 floodplain. COMMISSIONER RISHEL: Means a bridge, right? COMMISSIONER ROY: SO yOU will build a bridge? MR. DAHLSTROM: We would have to. COMMISSIONER ROY: Okay. Thank you. COMMISSIONER RISHEL: co~mnissioner Mulroy, I did not mean to circmnvent your original question that .you had for the Petitioner and/or staff, so let me come back to Colmnissioner Mulroy, and see if we have gotten your original question answered from staff. And if not, Mr. Reichhart would like to address that. COMMISSIONER MULROY: okay. Before we get into that -- COMMISSIONER RISHEL: YOU have the floor. COMMISSIONER MULROY: -- just a quick follow-up, on the elementary school site, I didn't exactly hear the plain English that said the school district has Page 62 1 this location would be better for an elementary school 2 site. 3 As far as the high school site, it is my 4 understanding that this is not a priority site for them 5 for a high school site. 6 COMMISSIONER ROY: And your expectation was 7 that they would buy that site or would that be donated on 8 the high school? 9 MR. DAHLSTROM: If they move forward with 10 it and I don't know if they will. Again, I don't think 11 it's a high priority for them. We would ask them to 12 purchase the site from us. 13 COMMISSIONER ROY: But yOU would -- you're 14 planning to donate the elementary school? 15 MR. DAHLSTROM: YeS, sir. 16 COMMISSIONER ROY: And they've indicated 17 that the NR-6 site is not a high priority for them? 18 MR. DAHLSTROM: correct. 19 COMMISSIONER ROY: SO the chances it seems 20 that's very likely going to be NR-6 or higher -- higher 21 chance of thaL 22 MR. DAHLSTROM: welt, I do know that there 23 have been other discussions with private schools for 24 potential sites. 25 COMMISSIONER ROY': One more question and Page 64 1 agreed to accept the property. 2 MR. DAHLSTROM: I don't think they have at 3 this point. We've made the offer to donate the land to 4 them. COMMISSIONER RISHEL: And they've had some input. point -- MR. DAHLSTROM: We haven't gotten to the 5 6 7 8 9 COMMISSIONER RISHEL: As to location. 10 MR. DAHLSTROM: correct. 11 COMMISSIONER MULROY: Right. They*ve 12 suggested a different location, but your discussions 13 haven't gotten to the point where they've agreed to accept 14 that? 15 MR. DAHLSTROM: There has not been a formal 16 acceptance, correct. 17 COMMISSIONER MULROY: Has there been a 18 formal offer? 19 MR. DAHLSTROM: I know we've made several 20 offers to them, to the superintendent. 21 COMMISSIONER MULROY: Okay, Do you know 22 why they have not accepted it? 23 MR. DAHLSTROM: well, I don't know if it 24 takes a Board action -- it would probably take a Board 25 action for acceptance. Joel Broder hag had ~ome PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 61 - Page 64 CondcnscItTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 Page 65 correspondence with the school district as well on this issue. COMMISSIONER RISHEL: Mr. Broder, would you give us your nmne and address. MR. BRODER: Good evening. Joel Broder, 10185 East Bella Vista Drive, Scotsdale, Arizona. Right from the get-go on this project, we consulted the school district and offered to donate the land. They seemed to readily accept that since thc property is not even zoned or annexed at this point, there is nothing we can formally do. They also suggested -- it was not us -- they suggested that this might be an appropriate spot for a high school site. After some consideration and multiple meetings, we decided to put it into the ptan. They've taken that to their Board last month, I believe. The Board has said right now they've got a couple other high school sites that they feel are higher priorities that the want to focus on funding right now. I think that that location where we've placed the high school site is going to be one of the last phases of this property to develop. And so if I can work something out with the high school whereby we give them some time to, you know, continue their consideration, you know, we will try and do that. And it would be my hope Page 66 I and I think would be a great addition to the project to 2 have that public high school there. And if not a public 3 high school, we've also been contacted by a private high 4 school who is looking for a site in the area as well. 5 COMMISSIONER MULROY: And I really 6 apologize for wearing you out. 7 MR. DAHLSTROM: You're not wearing me out. 8 I love this. I mean -- 9 COMMISSIONER MULROY: I want a sense of 10 clarity on the elementary school site -- 11 MR. DAHLSTROM: Let's do it. 12 COMMISSIONER MULROY: -- which is what I 13 asked about. The semantics before were a little bit 14 oblique. 15 MR. DAHLSTROM: NO semantics, if you 16 approve the zoning, and City Council approves the zoning, 17 we're giving them the site. 18 COMMISSIONER MULROY: Thank you very much. 19 MR. DAHLSTROM: You're welcome. 20 COMMISSION'ER RISHEL', Onc¢ again, 21 Cmmulssloncr Mulroy, I think wc had a staff question. 22 COMMISSIONER MULROY: Right. I had a 23 question. 24 COMMISSIONER RISHEL: And I think that Mr. 25 Reichhart would like to try to answer that for you at this PLANNING AND ZONING COMMISSION JUNE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 point. Page 67 MR. REICHHART: MS. Viera, COMMISSIONER RISHEL: Or Ms. Viera. MS. VIERA: Answering your question, this comer right in here right now -- COMMISSIONER RISHEL: well, why don't we restate the question for the audience because they may have forgotten. I know I certainly have, exactly what that question was. COMMISSIONER MULROY: well, my question is the tone of the staff report was critical that the center there on the southeast comer is roughly twice the size that's normally found in the Code, and my question was possibly it is an absolute nmnber, but in proportionality in that they're dealing with a 750 acre master plan cmmrtunity, how does it compare then? COMMISSIONER RISHEL: And what is appropriate? MS. VIERA: I want to separate between what is existing right now and what is proposed. Right now this northwest comer of Loop 288 and Locust it is designated as a cmranunity mixed use center, this square right in here, it is approximately 37 acres right now zoned and designated as a land use. The applicant is adding or is proposing to add 57 acres. Page 68 1 COMMISSIONER MULROY: Okay. 2 MS. VIEP~: That is a total of 94 acres of 3 cmmnunity mixed use right now. According to the 4 Comprehensive Plan a cotm,nunity mixed use area have a 5 surface of eight square miles and could service up to 6 40,000 residents. Right now the north part of town is on 7 the ballot, however, we understand that this is in the 8 process of being developed. And there are also already 9 some plans, PD- 120 have a lot of residential units that 10 could be added to that. 11 COMMISSIONER RISHEL: And our recormnended 12 size is 35 acres, right? 13 MR. REICHHART: 30. 14 COMMISSIONER RISHEL: Thirty acres? t 5 COMMISSIONER MULROY: Okay. Now, my 16 question is the same. 7 MS. VIERA: what is the proposed -- 18 COMMISSIONER MULROY: My question is -- 19 COMMISSIONER RISHEL: What is appropriate. 20 COMMISSIONER MULROY; This applicant is 21 asking for approximately 50 some od& Your ~taff report 22 says 30 some odd is normal. My question is still, if 23 you'lI educate me, relative to a a 750 acre master plan 24 development, does that mltlgate that number from 30 25 upwards towards 50? Is that 50 more acceptable then 26, 2002 Page 65 - Page 68 CondcnseItTM because of the magnitude of this development? COMMISSIONER RISHEL: Mr. Reichhart. MR. REICHHART: TO try to ptlt it in a graphic perspective, eight square miles represents Page 69 Page 71 COMMISSIONER MULROY: okay. Thank you very much. Then I would have a question of the applicant. COMMISSIONER RISHEL: YOU have the floor, Commissioner Mulroy. 1 2 3 4 5 approximately eight of these 750 acre projects. Okay. So 6 if you just took this project and moved it around, you 7 know, it would probably encompass a 30 acre community 8 mixed use center that was the intended area to be 9 serviced. And, again, what is being proposed is doubling 10 thc size of the existing one. 11 So, you know, this area is undeveloped. We 12 feel that there is, to the south of Loop 288 it's fairly 13 developed or proposed to be developed in either existing 14 subdivisions and such and that 40,000 people is probably a 15 good service area in that vicinity right now. 16 COMMISSIONER RISHEL: And perhaps if they 17 have amenities in that area that would reach to the lake, 18 that area might be expanded greatly. 19 COMMISSIONER MULROY: SO the potential is 20 looking beyond this 700 -- if I'm hearing you right, then 21 the potentiality is we should view beyond this 750 acres 22 to this quadrant of the city and that proportionality, 23 then the 50 acres may not be too excessive. 24 COMMISSIONER RISHEL: Or the 90 acres 25 combined. Page 70 1 COMMISSIONER MULROY: combined. 2 MR. REICHHART: well, the 90 acres 3 combined, theoretically could serve 24 developments of 4 this size. 5 MS. VIER. A: square miles. 6 MR. REICHHART: It'S a substantial area. 7 It's almost to the magnitude of a conununity mixed use 8 center. 9 COMMISSIONER RISHEL: And to the north, 10 that certainly would be possible? 11 COMMISSIONER MULROY: But the market -- I 12 guess what I'm trying to balance in my mind, and I don't 13 mean to make it difficult for anybody, they're asking for 14 larger and some of it has to do with some of the barriers 15 that are there and some economic factors on the dry line. 16 And if we allow slightly larger now, even though the 17 zoning across the street is there, at some point in time 18 the market place is going to mitigate that and it won't 19 all be developed as that type center. 20 MR, REICHHART: well, another concern we 21 had is just the next intersection to the east of this is 22 another community mixed use center. So the proximity 23 right now to the two existing ones, it's over 60, probably 24 70, close to 70 acres existing within a very short area. 25 So and then we're doubling those two totally. 5 COMMISSIONER MULROY: Applicant, what is 6 your response to the staff's cmmnents on the magnitude? 7 MR. DONALDSON: We did not set out to 8 create a CMG district of any specific size. We looked at 9 the land, looked at the constraints, looked at the 10 electric transmission lines which creates a rectangle, 11 looked at where Long Street has to be in order to serve 12 both east and west, looked at a potential grocery store 13 site and where that ought to be, and came up with the 14 polygon that you see created. We then measured it and it 15 turned out to be 57 acres. 16 COMMISSIONER RISHEL: Highly scientific, we 17 can tell. 18 MR. DONALDSON: That is a very 19 scientific -- 20 COMMISSIONER RISHEL: I really like the 21 idea of using the power lines as a buffer zone. 22 COMMISSIONER MULROY: well, we need to 23 balance that against the size. Is there another way to 24 mitigate the size criticism? 25 MR. DONALDSON: Well, I would ask you to Page 72 1 look 20 years down the road and look at northern Denton 2 County and look at development, potential development 3 along Locust and think about where Preston Road was 20 4 years ago and think about the conunercial development that 5 has cropped up along Preston Road all the way from LBJ to 6 380. 7 And this is a great opportunity to really 8 expand a couunercial base. It's a great location. It's 9 easy access off of a controlled access freeway, It's one 10 of the given intersections. The first allowed median I 1 opening will be adjacent to our property and it's, you 12 know, the FD zoning to tho south is Office. It's unlikely 13 that they would request to change that. They don't have 14 access unless they come ii,rough our property, unless they 15 build a frontage road. So there's a lot of factors. t6 But, again, we looked at the land and we 17 looked at the needg for a grocery store location, in 18 particular, and created the polygon and then measured it. 19 COMMISSIONERMULROY: okay. Thank you. 20 COMMISSIONER RISHEL: co~rnuissioner Mulroy. 21 Okay. Conunissioner Holt. 22 COMMISSIONER HOLT: Yes, I have a couple of 23 questions. One is on -- I believe tho map that you had 24 before this with the colors -- 25 COMMISSIONER RISHEL: Corrtrnigg~oner, would PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 69 - Page 72 CondcnscItTM Page 73 1 you push your speaker button? 2 COMMISSIONER HOLT: I$ that -- are those 3 two roads, now that top one is Long Road -- 4 MR. DAHLSTROM: LOng Road is -- 5 COMMISSIONER HOLT: -- is file bottom one. 6 Okay. And those two come in together down there. Is that 7 going to connect up to Bonnie Brae? 8 MR. DAHLSTROM: Bonnie Brae is over here, 9 correct. Long will connect Bonnie Brae. This intersects 10 Long Street. 11 COMMISSIONER hOLT: okay. Why did you not 12 connect up higher up to the north with Bonnie Brae, having 13 those two coining, both connecting to Bonnie Brae? 14 MR. O^ULSTROM: currently, the right-of-way 15 is here already and -- I think there is currently a 16 right-of-way here already and this is what the Comp Plan 17 shows as the connector. 18 COMMISSIONER RISHEL: I think Mr. Reichhart 19 would like to help you here a little bit, 20 MR. REICHHART: well, I just wanted to 21 point out that the magnitude of thc scale of this map, 22 what they've shown, are some major roadways. Within each 23 internal area, there will still be local streets so there 24 will be other connections to, you know, Long Road from the 25 proposed NRMU and NRMU-6 designations in that corner. Brae? Page 74 COMMISSIONER HOLT: In this NR-6? MR. REICHHART: Yes. COMMISSIONER HOLT: Okay. Over to Bonnie 1 2 3 4 5 MR. REICHHART: Over to Bonnie Brae. 6 COMMISSIONER HOLT: Okay. 7 MR. REICHHART: well, at least to Long. I 8 don't know if it connects to -- I don't think they have 9 access to Bonnie Brae on their property. Long will be the 10 only access onto Bonnie Brae, I believe. 1 t COMMISSIONER HOLT: okay. And then you 12 were talking about, and Mr. Powell had put down a Iittle 13 map, the -- if he could put that up a minute. Then we've 14 been discussing the co~r~nercial, basically 94 acres that 15 could be at this intersection of Loop 288 and Locust. Is 16 this -- is that what this big purple thing is at the top? 17 MR. DAHLSTROM: NO. The purple is 18 regional -- it's to the west of us. 19 COMMISSIONER HOLT: It's over to -- could 20 you point to it? 21 MR. DAHLSTROM: This is to the west of our 22 property. 23 COMMISSIONER HOLT: Okay. And is it the 24 next intersection? Is it the next over? 25 MR. DAHLSTROM: This is Locust. Page 75 1 COMMISSIONER HOLT: That's it. Okay. And 2 then moving on around on 288, there is another one at that 3 next intersection? 4 COMMISSIONER RISHEL: If We can get the 5 docucam to pull in just a little bit. 6 Go ahead, Co~mnissioner. 7 COMMISSIONER HOLT: okay. Then we move on 8 around here to 380, there is another very large 9 development. i0 COMMISSIONER RISHEL: Director Powell. 11 MR. POWELL: The Wolski development has 12 one then now here, too. This is a map that has not bccn t 3 updated since -- 14 COMMISSIONER HOLT: oh, okay. 15 MR. VOWELL: -- Or. Wolski's. So you have 16 one that's right here, and then you have 380. 17 COMMISSIONER HOLT: okay. So we're looking 18 at 380, Wolski's, that next one and then this one at 94 19 acres. How many acres is that going around 288, which was 20 actually built to be a people mover? And if we start 21 putting curb cuts in there on all of these developments, 22 we're going to have -- 23 COMMISSIONER RISHEL: There's no curb cuts 24 here. 25 COMMISSIONER HOt,T: well, we'll have get off's on all of this. Page 76 COMMISSIONER RISHEL: Limited access. MR. DAHLSTROM: We don't have adjacency on I 2 3 4 288. 5 COMMISSIONER RISHEL: They don't even abut. 6 COMMISSIONER HOLT: YOU won't have any? 7 MR. DAHL.gTROM: NO. 8 COMMISSIONER RISHEL: YOU have to come off 9 on Sherman to get to there or Bonnie Brae. 10 COMMISSIONER HOLT: Oh, you'll have to come 11 out that -- that PD would have it. 12 COMMISSIONER RISHEL: Or you're on the 13 access road, one of the three. 14 COMMISSIONER HOLT: well, I'm just -- I I5 think we need to really think about how much of this is 16 going all of the way around 288. I think that's a tot of 17 cormnereial development around there. 18 COMMISSIONER RISHEL: You're correct. 19 COMMISSIONER HOLT: Thank you. 20 COMMISSIONER RISHEL: Thank you, 21 Co~rnnissioner. Colm~issioner Powell. 22 COMMISSIONER POWELL: I have a question for 23 the developer and then one for staff. Getting back to 24 your map, sir, if we could. Talking about public use 25 property, making sure that I have a clear understanding. PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 73 - Page 76 CondcnscItTM 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 77 You have offered to donate the grade school site. You have offered to sell the high school site to the school district. You have offered to sell the park site to the City. If I'm wrong on any of this, stop me. And then I'm supposing you're going to donate the, and this is where I'm supposing, the greenbelt/water way site? MR. DAHLSTROM: Mr. Powell, we will be donating -- dedicating those to the City. COMMISSIONER POWELL: okay, And that's the extent of public use, donations/sales? MR. DAHLSTROM: AS Mr. Reichhart said, there will also be park dedication requirements with the development of the single family. COMMISSIONER POWELL; In addition to that? MR. DAHLSTROM: II1 addition to that. COMMISSIONER RISHEL: Mr. Reichhart. MR. REICHHART: And additionally, the -- each single family subdivision will have to dedicate or have at least five percent of the land area as open space. And I would imagine that would be maintained by a Homeowner's Association. COMMISSIONER POWELL: Thank you. My next question then would go to staff, and it's really -- if I might deal with Mr. Reichhart here with this if I could. This is really for Mr. Peppler. I don't think he Page 78 6 7 8 9 10 11 I2 13 I4 15 16 17 18 19 20 21 22 23 24 25 Page 79 Secondly, depending on the configuration of the NR-2, assuming there is no variances requested, the applicant would have to do any perimeter paving requirements that are required in our subdivision regs. And that's typically at least 50 percent of the road if they're accessing that. COMMISSIONER POWELL: And the whole reason for this question of staff was to help out the Pepplers. It wasn't for my own. I just wanted you folks to have a feel, they just can't drop a lot of houses in there on the existing right-of-ways and existing streets and not have any improvements. MR. REICHHART: well, additionally, the other concern that was mentioned was the flood plain and with our development regulations, there would be no development allowed in the flood plain. Additionally, their drainage analysis would not be allowed to increase runoff off that property and they've identified some pond areas maybe that they'd end up doing retention or detention or some type of development. COMMISSIONER RISHEL: And I would think that flow-wise that the Pepplers are above that, anything that was flowing toward them because it all flows south if I'm not mistaken -- no, it doesn't -- okay. COMMISSIONER POWELL: That helps me and I'm Page 80 I understood, and I may bc wrong. I don't mcan to disparage 2 you in any way. Did you pick up on that the northwest 3 part of this property is No-2, which is two houses per 4 acre? ~ MR. PEPPLER: Y~S. 6 COMMISSIONER POWELL: And that's adjacent 7 to you. I just wanted to make sure you understood that 8 because you seemed to be worried that there would be 9 apartments there or whatever. And thc zoning is NR-2. 10 And I'm assmning, Mr. Rcicl~hart, that any streets that arc 11 -- excuse me, that when any development is done up there 12 or in any other place, thc development must accompany 13 street improvcrncnts? 14 MR. REICHHART: Correct. 1 ~ COMMISSIONER POWELL: strg~t improvcancnts 16 must accompany development, let mc put it that way. And 17 I'm saying that again for Mr. Peppler's viewpoint because 18 he was worried about housing going up there and the 19 streets not being improved, but my understanding is the 20 street's improvements have got to go with thc housing. 21 MR. REICHHART: ^nd perhaps Mr. Sahnon 22 could come down in case I err in this. The applicant will 23 have to do a traffic impact analysis which will identify 24 any major improvements needed to mitigate the proposed 25 development. 6 7 8 9 10 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 assmning it helps you folks. COMMISSIONER RISHEL: There was a further question, Mr. Sahnon, regarding the roads that might be shared between the City of Denton and the County, and would you clarify how that works for the developer? MR. SALMON: The City currently has an interlocal agreement with Denton County concerning maintenance of roads that are half in the City and half in the County and as a matter of fact, that agreement is in the midst of being reworked right now because of all of the new annexations that have happened and things of that nature. COMMISSIONER RISHEL: SO their hope is to turn their roads over to us? MR. SALMON: well, yeah, most of the time they are. But the fact of the matter is, there is a coordinated effort between the.City and the County in terms of who maintains what roads and especially roads that have to be half and half. I mean, the City takes some and the County takes some. I mean -- COMMISSIONER RISHEL: And what is the developer's responsibility on that part of the road that would be abutting his subdivision and would be a part of the Denton plan? MR. SALMON: well, at a minimum, if they PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 77 - Page 80 CondenseltTM Page 81 I have a road that abuts their property, they have to build 2 at least 25 feet of that road, which is enough for two 3 lanes plus curb and gutter. Depending on the outcome of 4 their traffic impact analysis, they may be required to 5 build even more than that, if they're going to put more 6 vehicles on that road than two lanes could possibly 7 handle. And through our subdivision regulations, we have 8 the ability to require them to build more lanes if their 9 TIA shows they need more lanes. 10 So all of this stuff happens a little bit 11 later on in the development process, but, ol~viously, a 12 development o£ this size is going to occur over a period 13 of many years. And there's going to be more opportunities 14 for input and there's going to be plats and those things I5 are going to be going on for a long time. So there will 16 be phased road improvements along with the development 17 that will be required. Some of them -- obviously, they'll 18 have to build roads inside the development that are 19 appropriate. A development of this size is most certainly 20 going to have to have significant off-site road 21 improvements as well in order to operate properly. 22 COMMISSIONER RISHEL: Thank you, Mr. 23 Salmon. If I could ask you to maybe sit up front here 24 until we get through with this line of questioning. We 25 may still have some further infrastructure questions for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 82 you. Com~nissioner Mulroy. COMMISSIONER MULROY: Yes. Thank you, Mr. Chairman. I'd like to address a question to Mark Donaldson of the applicant. COMMISSIONER RISHEL: Mr. Donaldson. COMMISSIONER MULROY: On the Comp Plan Amenchnent application, do you have any way to mitigate that down to the 30 acres? Looks like you could still include your grocery store site if you narrowed that. And you know, going -- looking to the east side of the utility lines, if you had NRMU them, yOU could possibly put small office buildings, little office center. And, you know, have a good use of the land, if we extended that NRMU overt Would that be amenable to y'all? MR. DONALDSON: well, given that there's already 35 acres of cmmnunity mix used center there, whether we grow it by -- COMMISSIONER RISHEL: That may or may not be developed. MR. DONALDSON: Exactly, some of which is zoned for office, some of which is zoned for multi-family, some of which is zoned for retail. We'll do whatever we have to in order to get 30 usable acres there, we would essentially end up with a 600 foot strip along Locust, which would, you know, counter the type of nodal activity Page 83 1 that we might want with the larger area defined by the 2 electric transmission line and its easement. We have the 3 opportunity to create an inward focusing development. 4 Perhaps, if you've been to Frisco Bridges which is just 5 i~mnediately north of the new Stonebridge Mall, a -- 6 COMMISSIONER MUEROY: But you know, you're 7 so innovative and creative in your thinking, surely you 8 can take NRMU on a part of that in your communities here 9 and make it work. 10 MR. DONALDSON: The problem is the size 11 constraints on individual uses and we could envision there 12 some moderate box retailers, you know, the electronic 13 stores, the shoe stores, and that sort of thing that are 14 looking for a 50 or 60,000 square foot space. We can 15 create that in a good way within that rectangular area, I 16 think. But we can also -- we can make it work. It's 17 easiest if we can vary that power line in kind of a shared 18 boundary line so that we kind of put the utility end of 19 buildings there. 20 COMMISSIONER MULROY: I understand, but if 21 we limited that and you had NRMU on that western side, it 22 would still be usable for office type or retail type. 23 MR. DONALDSON: I would ask you to think 24 about the bigger market, the bigger connnunity market area 25 there that Locust provides access to. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 Page 84 COMMISSIONER MULROY: well, problematic is that, you know, we're not in a vacumn, and we have the regional center over tl~ere to the west and we have ali these other cmmnunity centers wrapped around. And I think it would bo difficult to rationalize exceeding, you know, the comp plan recmmnendations. COMMISSIONER RISHEL: which was a very arbitrary number. MR. DONALDSON: That particular table was created by a planner who, you know -- COMMISSIONER RISHEL: who's no longer on staff. MR. DONALDSON: -- pulled a bunch of stuff from the literature, very hypothetical. It was an attempt to characterize the scale of the neighborhood versus a cmmnunity versus a region. COMMISSIONER RISHEL: BUt it was a very arbitrary number to begin with, right? MR. DONALDSON: Relatively arbitrary. COMMISSIONER MULROY: well, it may be arbitrary, but -- and I really want for my edification and education, this is your opportunity to convince some of us here, because when we looked at the proportionality that this size center could serve, you know, eight times or more the master plan development, that proportionality PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 81 - Page 84 CondcnseltTM Page 85 1 indicates to me that even if 30 acres was arbitrary, it's 2 still ample for your master plan cmmxtunity. So you have 3 to kind of convince us of the rest of the area and why we 4 would direct traffic back into congestion rather than 5 other nodes in the outreach area? 6 Ma. DONALDSON: well, this particular 7 location, I think, can really minimize traffic congestion 8 because of its accessibility to a given established 9 intersection at Loop 288, so that if, in fact, there are 10 users coming from areas other than the i~mnediate 11 community, they will be on a controlled access freeway up 12 until 600 feet away from the shopping center and they will 13 be turning into it at the first median opening that's t4 available to them. t 5 COMMISSIONER MULROY: BUt by the same I6 rationale then you're advocating that all 288 be a t7 regional center or be attracting regional traffic rather 18 than community traffic. 19 MR. DONALDSON: NO, I'm not. I think 20 Locust and Sherman are different than Windsor because they 21 do connect to all of Denton County, all of northern Denton 22 County. This particular site is different than Sherman 23 because of its proximity to 35 and its -- 24 COMMISSIONER MULROY: But then you're 25 talking regional traffic? Page 86 I MR. DONALDSON: And I think to a certain 2 degree, you might get some users that serve both a 3 regional market and a comnmnlty market. The grocery store 4 site adjacent to Long at the northern end, I think is -- 5 it' a important that it be there. So our site has to 6 extend that far north, I believe, in order to capture that 7 particular site for a grocery store because of Long and 8 it's tho ability of people to get to that site without 9 going out on 288. 10 COMMISSIONER MULROY: CO1Tect, SO if we 11 li~nited to 30 acres, it would be a long rectangle, 12 MR. DONALDSON: It would be long and -- 13 yeah. 14 COMMISSIONER MULROY: BUt you're not 15 prohibited from making high use of what would end up NRMU 16 adjacent to that to compli~nent your 30 acres? 17 MR. DONALDSON: one of the -- you know, 18 we're pushing the envelope on NRMU as well. So if we flip 19 from CMO to NRMU, then we may have to take away from that 20 somewhere else and I think the area that we've described 21 as S~MU in that area makes stone sense as well. But the 22 uses, the retail and co~rm~crcial uses are comparable in 23 those two districts. It's just the scale that would be 24 different, a few sup issue5 with NRMtr. 25 COMMISSIONER MUEROY: well, and we're l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 87 always glad to see you. Okay. Thank you very much, COMMISSIONER RISHEL: co~ranissioner Roy. COMMISSIONER ROY: YeS. David, back on the transportation issues. Those two outlets to the north of the property, I didn't hear a good answer as to where those are going to go. Does our Mobility Plan include the ETJ7 I couldn't remember whether it did or not. MR. SALMON: well, yeah, as a matter of fact it does, I don't have a copy of it with me but you may recall that we have a connectivity component to our Mobility Plan, which establishes a 600 foot grid for connectivity. COMMISSIONER ROY: BUt, I mean, are these going anywhere? MR. SALMON: welI, we also have in connection with -- or in concert with the connectivity plan there's language in the Code that requires that when additional or when adjacent property develops, any stubout streets have to be continued into that adjacent development. So, you know, assuming these roads were built and this other proper~y to the north were -- was at that point undeveloped, those streets made that end at that time. But when they're developed, there would be a requirement to carry those streets into the next development. Page 88 COMMISSIONER ROY: okay. So ile these stubouts, terminations meet the nwals of the current developer, then the next person on the north would ~ust be expected to meet them; is that correct? MR. SALMON: Right. The way o~ Code is set up, for the most part, the first person in pretty well establishes the street pattern and establishes the stubouts. I think staff has some discretion in terms of where those might go. COMMISSIONER ROY: SO yOU will look at those and see it those look reasonable? MR. SAr~MON: well, that has to make a little bit of sense. I mean, we don't want them to stub it into something that's we know is going to prohibit thc street from being extended in the future or something of that nature. Or we may want thorn to line it up on a property line, where it may be more likely that it would be shared between two properties. COMMISSIONER ROY: So you'll be involved in the actual -- M~. S^~MON: sight. I'm not sure that these arc located just exactly whcr~ they lnight go. Them would be some discretion in terms of where those would be located. As you get further into this development and into platting and -- PLANNING AND ZONING COMMISSION JUNE 26, 2002 Page 85 - Page 88 CondcnscItTM 5 6 7 8 9 10 11 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 89 COMMISSIONER ROY: okay. Thank you. COMMISSIONER RISHEL: comlrllissiollers, any further questions of staff, the petitioner or anything else that we can clarify? Conunissioner Powell. COMMISSIONER POWELL: I doll't have a question, but I'm ready to move on this issue when it would be appropriate. COMMISSIONER RISHEL: Thank you. Any other Page 91 1 approve a Comprehensive Plan Amen&nent for the community 2 mixed use centers for 30 acres at the southeast portion of 3 the diagram as presented by the applicant. 4 COMMISSIONER RISHEL: And it was seconded 5 by Commissioner Holt; is that correct, Conunissiener? 6 COMMISSIONER HOLT: Yes. 7 COMMISSIONER RISHEL: we have a motion from 8 Co~mnissioner Mulroy and a second from Conunissioner Holt. questions, Co~mzaissioners? Once again, I'd request that we take these ag separate items, number 7 and nmnber 8. And I will hear Cmmnissioncr Powell. COMMISSIONER POWELL: On Item No. 7, Mr. Chairman, I would move to approvc as submittedt COMMISSIONER RISHEL: I have a motion from Conunissioner Powcll. Is there a second? This is regarding Item No. 7 on our Agenda. I have a motion from Commissioner Powell. Is there a second? Motion dies for lack of a second. Conunissioner Mukoy. COMMISSIONER MIULROY: I would make the motion that the Comprehensive Plan be changed to allow 30 acres at the southeast port/on of the proposal -- of the proposed 57, that we look at the rectangular southeast corner and approve a Comprehensive Plan Amenth~ent for the 30 acres, COMMISSIONER RISHEL: IS there a second? Page 90 COMMISSIONER HOLT: second, COMMISSIONER RISHEL: It's been moved by Con'mfissioner Mulroy, seconded by Co~rnnissioner Holt. Discussion? Co~mnissioner Powell. COMMISSIONER POWELL: DiSCUSSiOn with Mr. Mulroy if I may, Mr. Chair. COMMISSIONER RISHEL: NO. You need to discuss with the entire Commission, so just speak clearly -- COMMISSIONER POWELL: well, I am discussing with the Con'u~ission, but I have a question of Mr, Mulroy, if I could. COMMISSIONER RISHEL: Please. COMMISSIONER POWELL: I don't quite understand the motion and that's my question. Are you saying that we're going to -- that you would like to approve this Item 7 with that change; is that what you're saying? COMMISSIONER MULROY: Yes, sir, Mr. Powell. COMMISSIONER POWELL: okay, That's not what you said, though. COMMISSIONER MULROY: Okay. Well, let me ~- perhaps, start again, and maybe it will be helpful. I move -- concerning Item 7, I make thc motion that we 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Discussion? Any further discussion? And my concern is that as much as I appreciate adhering to the Comp Plan and the Denton Plan as we have written them, I think that occasionally it's our job, as Commissioners, to look at the potential of a piece of property and say that this, in fact, could be a really unique opportunity for us as a community to allow a developer and a builder to really use some wonderful planning opportunities hem and take advantage of those and create something special for our co~ranunity instead of a 30-acre strip along a road that I think is what we have been trying to avoid as we looked at the Comp Plan and look at something that might be a little bigger type of development that could be developed in a quality and unique way that would really enhance their development. And I would not be able to vote for this as it stands -- put forth at this point in time. COMMISSIONER RISHEL: coaunissioner Roy. Page 92 COMMISSIONER ROY: I understand what you just said and I accept that position, but I think we have to look -- as a cormnent, I think we have to look at the -- what we've already approved and what's already in the area. And I believe this is a reasonable approach and I will be voting for it. COMMISSIONER RISHEL: cormnissioner Mulroy. COMMISSIONER MULROY: In response, Mr. Chairman, I'm not adverse to some uniqueness or expansiveness in the thinking, just that the case was not brought forward in those terms tonight or presented as such. So to keep this project moving forward, I have made the motion that's most reasonable. Thank you. COMMISSIONER RISHEL: Any other COlmnents, Cmrmaissioners? Mr. Reichhart. MR, REICHHART: Just for a point of clarification, the 30 acres would be at the applicant's discretion for the ultimate design and dimensions? It would be within this existing -- anywhere out of there they can have 30 acres? COMMISSIONER MULROY: Yes. COMMISSIONER RISHEL: Any other cormnents or clarification? Cmxunissioner Apple. COMMISSIONER APPLE: I'111 going to be voting against this, also. I tend to concur with Chairman PLANNING AND ZONING COMMISSION JIJNE 26, 2002 Page 89 - Page 92 CondenseltTM 5 6 7 8 9 t0 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 93 Rishel. COMMISSIONER RISHEL: Any further comment? Seeing no further comment, please vote, The vote is a 3-3 tie of the Cmmnissioners present. (COMMISSIONERS APPLE, RISHEL AND POWELL VOTING IN OPPOSITION.) COMMISSIONER RISHEL: And I'll ask for Mr. Snyder to clarify that for our audience. MR. SNYDER: Well, under the City Council rules which are applicable to this body, when there is a tie vote, when we do not have a full Cmmnission present, your rule requires that it be brought back to the next meeting when you have a full Cormnission to vote on the matter, unless, of course, there's another mot/on that a majority of the Co~mnissioners present can recmrnnend. COMMISSIONER RISHEL: I8 there a motion? Commissioner Apple. COMMISSIONER APPLE: I'd like to try another motion. The reason I voted no on that one is based on the fact that that 27 extra leftover acres would just be NRMU which could have some interesting uses, too, so I'd almost rather see the 57 CMG as opposed to having an extra almost 30 acres of NRMU, SO I am going to tW the motion again to approve it. COMMISSIONER RISHEL: AS originally put COMMISSIONER APPLE: YeS. COMMISSIONER POWELL: l'll second that. COMMISSIONER RISHEL: Thank you, forth? Page 94 Commissioners, It's been moved by Conmfissiener Apple and seconded by Commissioner Powell that Item No. 7 as originally proposed be approved. Is there further cormnent? Seeing no further cram=cut, please, vote. The vote is the stone 3-3. (COMMISSIONERS MULROY, HOLT AND ROY VOIING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 t6 I7 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 IN OPPOSITION.) COMMISSIONER RISHEL: And unless I hear a further motion -- COMMISSIONER MULROY: I'll make one final motion. COMMISSIONER RISHEL: cmmnissiener Mukoy. COMMISSIONER MULROY: And that is to repeat nay motion and rather than 30 acres, go to 40 acres. COMMISSIONER APPLE: I'll second that. COMMISSIONER RISHEL: It's been moved by Page 9~" Conunissioner Mulroy and seconded by Co~mnissioner Holt and would you restate the motion, again, Mr. Reichhart? I put you on the spot. MR. REICHHART: It'S to approve as presented with the modification that the remaining area of proposed cmo bo switched to NRMU. Page 96 MR. SNYDER: 40 acres. MR, REICHHART: 40 acres max of CMO. COMMISSIONER RISHEL: And the Conmlissioners I see concurring as to the motion. Discussion? Clarification.9 Commissioner Apple. COMMISSIONER APPLE: I'll just reiterate what I said earlier. I'll be voting for this motion but just a tad bit reluctantly because of all the what if's and the possible school sites and the maybe parks and all of that and I hope that it all works out. MR. REICHHART: That's what I thought, COMMISSIONER RISHEL; 80 it's been moved by PLANNING AND ZONING COMMISSION JUNE 26, 2002 11 12 13 14 15 16 17 18 19 20 COMMISSIONER RISHEL: Thank you, Co~ranissioner. Any further colmnents or questions or a clarification? Seeing none, please, vote. Motion carries 6-0 of the Cormnissioncrs present. Cmranissioners, thank you very much. Mr. Powell -- Director Powell or Mr. Reichhart, any further cormnents or questions? MR~ REICHHART: NO. COMMISSIONER RISHEL: COlmnissioners, with nothing else for our Agenda, we are adjourned. Thank you. Commissioner Mukoy and seconded by Co~mnissioner Apple. Any further discussion? Seeing no further discussion, please, vote. Motion carries 5-1 of the Commissioners present, Thank you, Commissioners, (COMMISSIONER RISHEL V©TINO IN OPPOSITION.) 21 22 23 24 ,25 Page 93 - Page 96 COMMISSIONER RISHEL: That will bring us to Item No, 8 on our Agenda. Do I hear a motion? COMMISSIONER MULROY: I move approval as submitted. COMMISSIONER HOLT: second. COMMISSIONER RISHEL: It's been moved by Co~mnissioner Mulroy, seconded by Commissioner Holt. Is there a question for clarification? MR. REICHHART: If I may. COMMISSIONER RISHEL: Please. MR. REICHHART: It can't be as presented because that would have been the CMO SO we're going to flip whatever was proposed, the mnaining 11 acres or whatever, 17 acres are going to be now NRMU. COMMISSIONER MULROY: Correct, COMMISSIONER RISHEL: That's exactly what he said, ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 1 (NR-1), NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6 (NR-6), NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12), AND NEIGHBORHOOD RESIDENTIAL MIXED-USE (NRMU) ZON1NG DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL 2 (NR- 2), NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORHOOD RESIDENTIAL 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6 (NR-6), NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12), NEIGHBORHOOD RESIDENTIAL MIXED-USE (NRMU) AND COMMUNITY MIXED-USE GENERAL (CM-G) ZON1NG DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 750 ACRES OF LAND GENERALLY LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST STREET AND LEGALLY DESCRIBED AS TRACTS 23 AND 24 OF THE V. GAILER SURVEY AND TRACTS 9, 10, AND 11 OF THE M. MAY SURVEY; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0027) WHEREAS, Visiquest Properties initiated a change in zoning for approximately 750 acres of land from Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), and Neighborhood Residential Mixed-Use (NRMU) zoning district classifications and use designations to Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), Neighborhood Residential Mixed-Use (NRMU), and Community Mixed-Use General (CM-G) zoning district classifications and use designations; and WHEREAS, on June 26, 2002, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested change in zoning with modifications; and WHEREAS, the City Council finds that the change in zoning is consistent with the Comprehensive Plan and Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the approximately 750 acres described as Tracts 23 and 24 of the V. Gailer Survey and Tracts 9, 10, and 11 of the M. May Survey, and more particularly described in Exhibit "A", is changed from Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), and Neighborhood Page 1 of 3 Residemial Mixed-Use (NRMU) zoning district classifications and use designations to Neighborhood Residemial 2 (NR-2), Neighborhood Residemial 3 (NR-3), Neighborhood Residemial 4 (NR-4), Neighborhood Residemial 6 (NR-6), Neighborhood Residemial Mixed-Use 12 (NRMU- 12), Neighborhood Residemial Mixed-Use (NRMU), and Community Mixed-Use General (CM-G) zoning district classifications and use designations as described in Exhibit "A". SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 3 Exhibit A ZONING LEGAL TRACT 1 BEING A 10.667 ACRE TRACT OF LAND SITUATED IN THE M. MAY SURVEY, ABSTRACT NO. 807, THE J. COLLARD SURVEY, ABSTRACT NO. 297, AND THE A. WHITE SURVEY, ABSTRACT NO. I406, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 64.871 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN AND WIFE, JEANINE W. KUHLKEN, RECORDED IN VOLUME 2360, PAGE 633, DEED RECORDS, DENTON COUNTY, TEXAS. SAID 10.667 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED 1N DEED TO VANDALAR PARTNERS, RECORDED 1N COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, DEPARTIlqG SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF 8AID 110.257 ACRE TRACT, A DISTANCE OF 4,850.97 FEET TO THE MOST EASTERLY SOUTHWEST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID 110.257 ACRE TRACT, SAID POINT BEING IN THE WEST LINE OF A CALLED 105.1363 ACRE TRACT OF LAND CONVEYED TO REPUBLIC NATIONAL BANK OF DALLAS, TEXAS, TRUSTEE, RECORDED IN VOLUME 943, PAGE 431, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, ALONG A WEST LINE OF SAID 299.738 ACRE TRACT AND THE COMMON EAST LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 1,186.21 FEET TO AN ELL CORNER OF 8AID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 105.1363 ACRE TRACT; THENCE, NORTH 88 DEGREES 24 MINUTES 04 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 1,731.81 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 64.871 ACRE TRACT; I :\S LD\02150701 \SDATA\TR 1 ZONE .DOC SHEET 1 OF 3 THENCE, NORTH 88 DEGREES 19 MINUTES 18 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 64.871 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 601.29 FEET TO THE NORTHWEST CORNER OF SAID 105.1363 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 80 ACRE TRACT OF LAND, CALLED SECOND TRACT, DESCRIBED IN DEED TO CHARLES W. McCALLUM, RECORDED IN VOLUME 415, PAGE 331, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE SOUTH LINE OF SAID 64.871 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 80 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 40 MINUTES 14 SECONDS WEST, A DISTANCE OF 595.85 FEET TO THE POINT OF BEGINNING; NORTH 88 DEGREES 40 MINUTES 14 SECONDS WEST, A DISTANCE OF 496.61 FEET TO A POINT FOR CORNER; SOUTH 70 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 111.57 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 31 MINUTES 42 SECONDS WEST, A DISTANCE OF 684.77 FEET TO A POINT IN THE EXISTING EAST RIGHT-OF-WAY LINE OF NORTH BONNIE BRAE STREET; THENCE, NORTH 02 DEGREES 02 MINUTES 28 SECONDS EAST, ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE OF NORTH BONNIE BRAE STREET, A DISTANCE OF 40.00 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF SAID 64.871 ACRE TRACT AND THE COMMON MOST EASTERLY SOUTHWEST CORNER OF A CALLED'43.860 ACRE TRACT OF LAND DESCRIBED IN DEED TO HOMER WALTER, ET AL, RECORDED IN COUNTY CLERK'S FILE NO. 95-0006309, C01_J2'qTY CLERK'S RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 88 DEGREES 31 MINUTES 42 SECONDS EAST, DEPARTING SAID EXISTING EAST RIGHT-OF-WAY LINE OF NORTH BONNIE BRAE STREET, AND ALONG A NORTH LINE OF SAID 64.871 ACRE TRACT AND THE COMMON SOUTH LINE OF SAID 43.860 ACRE TRACT, A DISTANCE OF 624.97 FEET TO AN ELL CORNER OF SAID 64.871 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 43.860 ACRE TRACT; THENCE, NORTH 01 DEGREES 06 MINUTES 36 SECONDS EAST, ALONG THE WEST LINE OF SAID 64.871 ACRE TRACT AND THE COMMON EAST LINE OF SAID 43.860 ACRE TRACT, A DISTANCE OF 660.58 FEET TO A POINT FOR CORNER; I:\SLD\02150701 \SDATA\TR 1 ZONE.DOC SHEET 2 OF 3 THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 64.871 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 88 DEGREES 28 MINUTES 23 SECONDS EAST, A DISTANCE OF 659.88 FEET TO A POINT FOR CORNER; SOUTH 01 DEGREES 05 MINUTES 51 SECONDS WEST, A DISTANCE OF 658.31 FEET TO THE POINT OF BEGINNING AND CONTAINING 10.667 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701 \SDATA\TR1 ZONE.DOC SHEET 3 OF 3 ZONING LEGAL TRACT 2 BEING A 18.316 ACRE TRACT OF LAND SITUATED IN THE M. MAY SURVEY, ABSTRACT NO. 807, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 64.871 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN AND WIFE, JEANINE W. KUHLKEN, RECORDED IN VOLUME 2360, PAGE 633, DEED RECORDS, DENTON COUNTY, TEXAS. SAID 18.316 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUItLKEN, TRUSTEE AND JEANINE WATSON KUItLKEN, RECORDED IN VOLUME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED IN DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 110.257 ACRE TRACT, A DISTANCE OF 4,850.97 FEET TO THE MOST EASTERLY SOUTHWEST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID 110.257 ACRE TRACT, SAID POINT BEING 1N THE WEST LINE OF A CALLED 105.1363 ACRE TRACT OF LAND CONVEYED TO REPUBLIC NATIONAL BANK OF DALLAS,TEXAS, TRUSTEE, RECORDED IN VOLUME 943, PAGE 431, DEED RECORDS, DENTON COUNTY, TEXAS; · THENCE, NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, ALONG A WEST LINE OF SAID 299.738 ACRE TRACT AND THE COMMON EAST LINE OF SAID 105.I363 ACRE TRACT, A DISTANCE OF 1,186.21 FEET TO AN ELL CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 105.1363 ACRE TRACT; THENCE, NORTH 88 DEGREES 24 MINUTES 04 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 1,731.81 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF SAID 299.73 8 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 64.871 ACRE TRACT; I:\SLD\02150701 \SDATA\TR2ZONE.DOC SHEBT i OF 3 THENCE, NORTH 88 DEGREES 19 MINUTES 18 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 64.871 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 601.29 FEET TO THE NORTHWEST CORNER OF SAID 105.1363 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 80 ACRE TRACT OF LAND, CALLED SECOND TRACT, DESCRIBED IN DEED TO CHARLES W. McCALLUM, RECORDED IN VOLUME 415, PAGE 331, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE SOUTH LiNE OF SAID 64.871 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 80 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 40 MINUTES 14 SECONDS WEST, A DISTANCE OF 145.85 FEET TO THE POINT OF BEGINNING; NORTH 88 DEGREES 40 MINUTES 14 SECONDS WEST, A DISTANCE OF 450.00 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 64.871 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 05 MINUTES 51 SECONDS EAST, A DISTANCE OF 658.31 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 28 MINUTES 23 SECONDS WEST, A DISTANCE OF 659.88 FEET TO A POINT IN THE WEST LINE OF SAID 64.871 ACRE TRACT AND THE COMMON EAST LINE OF A CALLED 43.860 ACRE TRACT OF LAND DESCRIBED IN DEED TO HOMER WALTER, ET AL, RECORDED IN COUNTY CLERK'S FILE NO. 95-0006309, COUNTY CLERK'S RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 01 DEGREES 06 MINUTES 36 SECONDS EAST, ALONG SAID COMMON LINE AND THE COMMON EAST LINE OF A CALLED 44.823 ACRE TRACT OF LAND DESCRIBED IN DEED TO RUBY FINCH, RECORDED IN VOLUME 497, PAGE 547, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 450.01 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAiD 64.871 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 88 DEGREES 28 MINUTES 23 SECONDS EAST, A DISTANCE OF 1,152.88 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 26 DEGREES 50 MINUTES 16 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 14 DEGREES 31 MINUTES 00 SECONDS WEST, A DISTANCE OF 185.66 FEET; I:\SLD\0215070 ! \SDATA\TR2ZONE.DOC SHEET 2 OF 3 ALONG SAID NON-TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 1 $7.36 FEET TO A POINT FOR CORNER; SOUTH 01 DEGREES 05 MINUTES 51 SECONDS WEST, A DISTANCE OF 925.86 FEET TO THE POINT OF BEGINNING AND CONTAINING 18.316 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. h\SLD\02150701 \SDATA\TR2ZONE.DOC SHEET 3 OF 3 ZONING LEGAL TRACT 3 BEING A 69.774 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452 AND THE M. MAY SURVEY, ABSTRACT NO. 807, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEANiNE WATSON KUHLKEN, RECORDED IN VOLUME.1312, PAGE 146 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, A PORTION OF THAT 64.871 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN AND WIFE, JEANINE W. KUTILKEN, RECORDED IN VOLUME 2360, PAGE 633, DEED RECORDS, DENTON COUNTY, TEXAS, AND A PORTION OF THAT 384.52I ACRE TRACT OF LAND DESCRIBED IN DEED TO LAWRENCE E. KUHLKEN AND JEANINE KUHLKEN, RECORDED IN VOLUME 3134, PAGE 537, DEED RECORDS, DENTON COUNTY, TEXAS. SAID 69.774 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED IN DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 1 10.257 ACRE TRACT, A DISTANCE OF 4,850.97 FEET TO THE MOST EASTERLY SOUTHWEST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID 110.257 ACRE TRACT, SAID POINT BEING IN THE WEST LINE OF A CALLED 105.1363 ACRE TRACT OF LAND CONVEYED TO REPUBLIC NATIONAL BANK OF DALLAS, TEXAS, TRUSTEE, RECORDED IN VOLUME 943, PAGE 431, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, ALONG A WEST LINE OF SAID 299.738 ACRE TRACT AND THE COMMON EAST LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 1,186.21 FEET TO AN ELL CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 105.1363 ACRE TRACT; THENCE, NORTH 88 DEGREES 24 MINUTES 04 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 1,731.81 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 64.871 ACRE TRACT; I:\SLD\02150701 \SDATA\TR3ZONE.DOC SHEET I OF 3 THENCE, ALONG THE SOUTH LINE OF SAID 64.871 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 105.1363 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 19 MINUTES 18 SECONDS WEST, A DISTANCE OF 371.28 FEET TO THE POINT OF BEGINNING; NORTH 88 DEGREES 19 MINUTES 18 SECONDS WEST, A DISTANCE OF 230.01 FEET TO THE NORTHWEST CORNER OF SAID 105.1363 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 80 ACRE TRACT OF LAND, . CALLED SECOND TRACT,'DESCRIBED IN DEED TO CHARLES W. McCALLUM, RECORDED IN VOLUME 415, PAGE 331, DEED RECORDS, DENTON COUNTY, TEXAS A POINT FOR CORNER; THENCE, NORTH 88 DEGREES 40 MINUTES 14 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 64.871.ACRE TRACT AND THE COMMON NORTH LINE OF SAID 80 ACRE TRACT, A DISTANCE OF 145.85 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 64.871 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 05 MINUTES 51 SECONDS EAST, A DISTANCE OF 925.86 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 26 DEGREES 50 MINUTES 16 SECONDS, AND A LONG CHORD THAT BEARS NORTH 14 DEGREES 31 MINUTES 00 SECONDS EAST, A DISTANCE OF 185.66 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 187.36 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 28 MINUTES 23 SECONDS WEST, A DISTANCE OF 1,152.88 FEET TO A PO1NT IN THE WEST LINE OF SAID 64.871 ACRE TRACT AND THE COMMON EAST LINE OF A CALLED 44.823 ACRE TRACT OF LAND DESCRIBED IN DEED TO RUBY FINCH, RECORDED IN VOLUME 497, PAGE 547, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, NORTH 01 DEGREES 06 MINUTES 36 SECONDS EAST, ALONG SAID COMMON LINE, A DISTANCE OF 653.63 FEET TO THE NORTHEAST CORNER OF SAID 44.823 ACRE TRACT AND THE COMMON MOST SOUTHERLY SOUTHEP~ST CORNER OF A CALLED 72.769 ACRE TRACT OF LAND DESCRIBED IN DEED TO THOMAS K. FULTON, ET UX, RECORDED IN VOLUME 830, PAGE 373, DEED RECORDS, DENTON COUNTY, TEXAS; I:\SLD\02150701 \SDATA\TR3ZONE.DOC SHEET 2 OF 3 THENCE, NORTH 00 DEGREES 56 MINUTES 33 SECONDS EAST' ALONG THE wEsT LINE OF SAID 64.871 ACRE TRACT AND A COMMON EAST LINE OF SAID 72.769 ACRE TRACT, A DISTANCE OF 141.05 FEET TO THE NORTHWEST CORNER OF SAID 64.871 ACRE TRACT AND A COMMON ELL CORNER OF SAID 72.769 ACRE TRACT; THENCE, SOUTH 88 DEGREES 04 MINUTES 23 SECONDS EAST, ALONG THE NORTH LINE OF SAID 64.87t ACRE TRACT AND A COMMON SOUTH LINE OF SAID 72.769 ACRE TRACT, A DISTANCE OF 1,091.40 FEET TO THE NORTHEAST CORNER OF SAID 64.871 ACRE TRACT, THE COMMON SOUTHEAST CORNER OF SAID 72.769 ACRE TRACT, AND A COMMON ANGLE POINT ON THE WEST LINE OF SAID 384.521 ACRE TRACT; THENCE, NORTH 00 DEGREES 42 MINUTES 51 SECONDS EAST, ALONG THE WEST LINE OF SAID 384.521 ACRE TRACT AND THE COMMON EAST LINE OF SAID 72.769 ACRE TRACT, A DISTANCE OF 705.41 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 384.521 ACRE TRACT, SAID 299.738 ACRE TRACT, AND SAID 64.871 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 58 DEGREES 05 MINUTES 52 SECONDS EAST, A DISTANCE OF 881.02 FEET TO A POINT FOR CORNER; SOUTH 30 DEGREES 36 MINUTES 17 SECONDS EAST, A DISTANCE OF 275.67 FEET TO A POINT FOR CORNER; SOUTH 10 DEGREES 42 MINUTES 27 SECONDS WEST, A DISTANCE OF 524.92 FEET TO A POINT FOR CORNER; SOUTH 19 DEGREES 35 MINUTES 39 SECONDS EAST, A DISTANCE OF 386.98 FEET TO A POINT FOR CORNER; SOUTH 11 DEGREES 20 MINUTES 00 SECONDS WEST, A DISTANCE OF 1,592.03 FEET TO A POINT FOR CORNER; SOUTH 33 DEGREES 05 MINUTES 14 SECONDS WEST, A DISTANCE OF 473.17 FEET TO THE POINT OF BEGINNING AND CONTAINING 69.774 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR. RECONFiGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701 \SDATA\TR3ZONE.DOC SHEET 3 OF 3 ZONING LEGAL TRACT 4 BEING A 87.982 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452 AND THE M. MAY SURVEY, ABSTRACT NO. 807, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 384.521 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN AND JEANINE KUHLKEN, RECORDED IN VOLUME 3134, PAGE 537 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 87.982 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF THAT 299.73 8 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN,'TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLU1ME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A CALLED 9.65 ACRE TRACT OF LAND DESCRIBED IN DEED TO KENNETH E. NELSON, RECORDED IN COUNTY CLERK'S FILE NO. 95-08942 OF THE COUNTY CLERK'8 RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING I'N THE EXISTING WEST RIGHT-OF-WAY LiNE OF FM 2164; THENCE, NORTH 89 DEGREES 55 MINUTES 56 SECONDS WEST, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINES OF SAID 9.65 ACRE TRACT AND TRACT 2, DESCRIBED IN DEED W. E. WILL~S, ET UX, RECORDED IN VOLUME 300, PAGE 446, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 3,897.39 FEET TO AN ELL CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID TRACT 2; THENCE, NORTH 00 DEGREES 04 MINUTES 04 SECONDS EAST, ALONG AN EAST LINE OF SAID 384.521 ACRE TRACT AND THE COMMON WEST LINE OF SAID TRACT 2, A DISTANCE OF 1,203.41 FEET TO THE MOST NORTHERLY NORTHEAST CORNER. OF SAID 384.521 ACRE TRACT, SAID POINT BEING IN THE SOUTH LINE OF A CALLED 160 ACRE TRACT OF LAND, CALLED FIRST TRACT, DESCtLIBED IN DEED TO W. E. WILLIAMS, ET UX, RECORDED IN VOLUME 300, PAGE 446, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, NORTH 89 DEGREES 55 MIN-UTES 56 SECONDS WEST, ALONG THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINE OF 8AID FIRST TRACT, A DISTANCE OF 496.81 FEET TO THE POINT OF BEGINNING; I:\SLD\02150701 \SDATA\TR4ZONE.DOC SHEET 1 OF 3 THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 384.521 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 48 MINUTES 25 SECONDS WEST, A DISTANCE OF 136.90 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 37 DEGREES 48 MINUTES 49 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 19 DEGREES 42 MINUTES 50 SECONDS WEST, A DISTANCE OF 259.22 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 263.99 FEET TO A POINT FOR CORNER; SOUTH 38 DEGREES 37 MINUTES 14 SECONDS WEST, A DISTANCE OF 1,194.82 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 28 DEGREES 12 MINUTES 36 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 24 DEGREES 30 MINUTES 56 SECONDS WEST, A DISTANCE OF 194.96 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 196.94 FEET TO A POINT FOR CORNER; SOUTH 10 DEGREES 24 MINUTES 38 SECONDS WEST, A DISTANCE OF 59.35 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 44 DEGREES 59 MINUTES 25 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 77 DEGREES 53 MINUTES 57 SECONDS WEST, A DISTANCE OF 306.08 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 314.09 FEET TO A POINT FOR CORNER; SOUTH 55 DEGREES 24 MINUTES 14 SECONDS WEST, A DISTANCE OF 1,009.27 FEET TO A POINT FOR CORNER; NORTH 11 DEGREES 20 MINUTES 00 SECONDS EAST, A DISTANCE OF 211.03 FEET TO A POINT FOR CORNER; - NORTH 19 DEGREES 35 MINUTES 39 SECONDS WEST, A DISTANCE OF 386.98 FEET TO A POINT FOR CORNER; NORTH 10 DEGREES 42 MINUTES 27 SECONDS EAST, A DISTANCE OF 524.92 FEET TO A POINT FOR CORNER; NORTH 30 DEGREES 36 MINUTES 17 SECONDS WEST, A DISTANCE OF 275.67 FEET TO A POINT FOR CORNER; I:\SLD\0215070 I\SDATA\TR4ZONE.DOC SHEET 2 OF 3 SOUTH 58 DEGREES 05 MINUTES 52 SECONDS WEST, A DISTANCE OF 881.02 FEET TO A POINT IN THE WEST LINE OF SAID 384.521 ACRE TRACT AND THE COMMON EAST LINE OF A CALLED 72.769 ACRE TRACT OF LAND DESCRIBED IN DEED TO THOMAS K. FULTON, ET UX, RECORDED IN VOLUME 830, PAGE 373, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, NORTH 00 DEGREES 42 MINUTES 51 SECONDS EAST, ALONG SAID COMMON LINE AND THE COMMON EAST LINE OF A TRACT OF LAND DEscRIBED IN DEED TO JACOB TRIETSCH, RECORDED IN VOLUME 129, PAGE 155, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 1,366.50 FEET TO THE NORTHWEST CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID TRIETSCH TRACT, SAID POINT BEING IN THE SOUTH LINE OF A CALLED 3.297 ACRE TRACT OF LAND DESCRIBED IN DEED TO JOHN ALLEN PEPPLER, ET UX, RECORDED IN VOLUME 2398, PAGE 768, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 88 DEGREES 54 MINUTES 28 SECONDS EAST, ALONG THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINES OF SAID 3.297 ACRE TRACT, A CALLED 3.241 ACRE TRACT OF LAND DESCRIBED IN DEED TO LAVENA SWANN PEPPLER, RECORDED IN VOLUME 4218, PAGE 2672, DEED RECORDS, DENTON COUNTY, TEXAS, A CALLED 3.299 ACRE TRACT OF LAND DESCRIBED IN DEED TO LAVENA SWANN PEPPLER, RECORDED IN VOLUME 4218, PAGE 2669, DEED RECORDS, DENTON COUNTY TEXAS, AND A CALLED 20.688 ACRE TRACT OF LAND DESCRIBED IN DEED TO WILLIAM JAME HAP, GUS, ET UX, RECORDED IN VOLUME 4003, PAGE 1503, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 1,929.30 FEET TO AN ANGLE POINT IN THE NORTH LINE OF SAID 384.52t ACRE TRACT, THE COMMON SOUTHEAST CORNER OF SAID 20.688 ACRE TRACT, AND THE COMMON SOUTHWEST CORNER OF SAID FIRST TRACT; THENCE, SOUTH 89 DEGREES 55 M1NUTES 56 SECONDS EAST, ALONG THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINE OF SAID FIRST TRACT, A DISTANCE OF 989.93 FEET TO THE POINT OF BEGINNING AND CONTAINING 87.982 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS iMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701 \SDATA\TR4ZONE.DOC SHEET 3 OF 3 ZONING LEGAL TRACT 5 BEING A 197.149' ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452 AND THE M. MAY SURVEY, ABSTRACT NO. 807, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 384.521 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN AND JEANINE KUHLKEN, RECORDED IN VOLUME 3134, PAGE 537 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEAN1NE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS, AND A PORTION OF THAT 64.871 ACRE TRACT OF LAND DESCRIBED IN DEED TO'LARRY E. KUHLICEN AND WIFE, JEANINE W. KUHLKEN, RECORDED IN VOLUME 2360, PAGE 633, DEED RECORDS, DENTON COUNTY, TEXAS. SAID 197.149 ACRE TRACT, WITH THE REFERENCE BEA_RING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A CALLED 9.65 ACRE TRACT OF LAND DESCRIBED IN DEED TO KENNETH E. NELSON, RECORDED IN COUNTY CLERK'S FILE NO. 95-08942 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 89 DEGREES 55 MINUTES 56 SECONDS WEST, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINES OF SAID 9.65 ACRE TRACT AND TRACT 2, DESCRIBED IN DEED W. E. WILLIAMS, ET UX, RECORDED IN VOLUME 300, PAGE 446, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 2,549.59 FEET TO THE POINT OF BEGINNING; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 384.521 ACRE TRACT, SAID 299.738 ACRE TRACT, AND SAID 64.871 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 05 MINUTES 53 SECONDS WEST, A DISTANCE OF 862.83 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 22 DEGREES 59 MINUTES 34 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 11 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE OF 159.44 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 160.52 FEET TO A POINT FOR CORNER; I:\SLD\02150701 \SDATA\TR5ZONE.DOC SHEET 1 OF 5 SOUTH 22 DEGREES 53 MINUTES 41 SECONDS EAST, A DISTANCE OF 699.95 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RAD1US OF 400.00 FEET, A CENTRAL ANGLE OF 22 DEGREES 59 MINUTES 34 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 11 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE OF 159.44 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 160.52 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 05 MINUTES 53 SECONDS WEST, A DISTANCE OF 343.10 FEET TO A POINT FOR CORNER; SOUTH 62 DEGREES 43 MINUTES 30 SECONDS WEST, A DISTANCE OF 61 1.45 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 51 DEGREES 45 MINUTES 39 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 88 DEGREES 36 MINUTES 20 SECONDS WEST, A DISTANCE OF 192.06 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 198.75 FEET TO A POINT FOR CORNER; NORTH 65 DEGREES 30 MINUTES 51 SECONDS WEST, A DISTANCE OF 140.30 FEET TO A POINT FOR CORNER; NORTH 08 DEGREES 25 MINUTES 50 SECONDS EAST, A DISTANCE OF 654.56 FEET TO A POINT FOR CORNER; NORTH 13 DEGREES 00 MINUTES 11 SECONDS WEST, A DISTANCE OF 208.38 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1,600.00 FEET, A CENTRAL ANGLE OF 44 DEGREES 54 MINUTES 36 SECONDS, AND A LONG CHORD THAT BEARS NORTH 80 DEGREES 32 MINUTES 53 SECONDS WEST, A DISTANCE OF 1,222.26 FEET; ALONG SAID NON-TANGENT cURvE TO THE RIGHT AN ARC LENGTH OF 1,254.12 FEET TO A POINT FOR CORNER; SOUTH 31 DEGREES 54 MINUTES 25 SECONDS WEST, A DISTANCE OF 114.05 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 28 DEGREES 32 MINUTES 45 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 17 DEGREES 38 MINUTES 02 SECONDS WEST, A DISTANCE OF 197.23 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 199.29 FEET TO A POINT FOR CORNER; I:\SLD\02150701 \SDATA\TR5ZONE.DOC SHEET 2 OF 5 SOUTH 03 DEGREES 21 MINUTES 39 SECONDS WEST, A DISTANCE OF 161.72 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF'400.00 FEET, A CENTRAL ANGLE OF 49 DEGREES 10 MINUTES 30 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 27 DEGREES 56 MINUTES 54 SECONDS WEST, A DISTANCE OF 332.87 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 343.3 I FEET TO A POINT FOR CORNER; SOUTH 52 DEGREES 32 MINUTES 09 SECONDS WEST, A DISTANCE OF 174.78 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 42 DEGREES 04 MINUTES 19 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 31 DEGREES 29 MINUTES 59 SECONDS WEST, A DISTANCE OF 287.16 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 293.72 FEET TO A POINT FOR CORNER; SOUTH 10 DEGREES 27 MINUTES 50 SECONDS WEST, A DISTANCE OF 43.02 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 575'.00 FEET, A CENTRAL ANGLE OF 20 DEGREES 38 MINUTES 55 SECONDS, AND A LONG CHORD THAT BEARS NORTH 69 DEGREES 52 MINUTES 20 SECONDS WEST, A DISTANCE OF 206.10 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 207.22 FEET TO A POINT FOR CORNER; NORTH 59 DEGREES 32 MINUTES 52 SECONDS WEST, A DISTANCE OF 603.99 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 81 DEGREES 39 MINUTES 44 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 79 DEGREES 37 MINUTES 16 SECONDS WEST, A DISTANCE OF 751.91 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 819.53 FEET TO A POINT FOR CORNER; SOUTH 38 DEGREES 47 MINUTES 24 SECONDS WEST, A DISTANCE OF 372.29 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 46 DEGREES 54 MINUTES 24 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 62 DEGREES 14 MINUTES 36 SECONDS WEST, A DISTANCE OF 457.70 FEET; I:\SLD\0215070 I~SDATA\TR5ZONE.DOC SHEET 3 OF 5 ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 470.74 FEET TO A POINT IN THE SOUTH LINE OF SAID 64.871 ACRE TRACT AND THE COMMON NORTH LINE OF A CALLED 105.1363 ACRE TRACT OF LAND DESCRIBED IN DEED TO REPUBLIC NATIONAL BANK OF DALLAS, TEXAS, TRUSTEE, RECORDED IN VOLUME 943, PAGE 431, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 19'MINUTES 18 SECONDS WEST, ALONG SAID COMMON LINE, A DISTANCE OF 69.13 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 64.871 ACRE TRACT, SAID 299.738 ACRE TRACT, AND SAID 384.521 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 33 DEGREES 05 MINUTES 14 sECONDS EAST, A DISTANCE OF 473.17 FEET TO A POINT FOR CORNER; NORTH 11 DEGREES 20 MINUTES 00 SECONDS EAST, A DISTANCE OF 1,380.99 FEET TO A POINT FOR CORNER; NORTH 55 DEGREES 24 MINUTES 14 SECONDS' EAST, A DISTANCE OF 1,009.27 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 44 DEGREES 59 MINUTES 25 SECONDS, AND A LONG CHORD THAT BEARS NORTH 77 DEGREES 53 MINUTES 57 SECONDS EAST, A DISTANCE OF 306.08 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 314.09 FEET TO A POINT FOR CORNER; NORTH 10 DEGREES 24 MINUTES 38 SECONDS EAST, A DISTANCE OF 59.35 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 28 DEGREES 12 MINUTES 36 SECONDS, AND A LONG CHORD THAT BEARS NORTH 24 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 194.96 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 196.94 FEET TO A POINT FOR CORNER; NORTH 38 DEGREES 37 MINUTES t4 SECONDS EAST, A DISTANCE OF 1,194.82 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 37 DEGREES 48 MINUTES 49 SECONDS, AND A LONG CHORD THAT BEARS NORTH 19 DEGREES 42 MINUTES 50 SECONDS EAST, A DISTANCE OF 259.22 FEET; I:\SLD\02150701 \SDATA\TR5ZONE.DOC SHEET 4 OF 5 ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 263.99 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 48 MINUTES 25 SECONDS EAST, A DISTANCE OF 136.90 FEET TO A POINT IN THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINE OF A CALLED t60 ACRE TRACT OF LAND, CALLED FIRST TRACT, DESCRIBED IN DEED TO W. E. WILLIAMS, ET UX, RECORDED IN VOLUME 300, PAGE 446, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 89 DEGREES 55 MINUTES 56 SECONDS EAST, ALONG SAID COMMON LINE, A DISTANCE OF 496.81 FEET TO THE MOST NORTHERLY NORTHEAST CORNER OF SAID 384.521 ACRE TRACT; THENCE, SOUTH 00 DEGREES 04 MINUTES 04 SECONDS WEST, ALONG AN EAST LINE OF SAID 384.521 ACRE TRACT AND THE COMMON WEST LINE OF SAID TRACT 2, A DISTANCE OF 1,203.41 FEET TO AN ELL CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID TRACT 2; THENCE, SOUTH 89 DEGREES 55 MINUTES 56 SECONDS EAST, ALONG THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINE OF SAID TRACT 2, A DISTANCE OF 1,347.80 FEET TO THE POINT OF BEGINNING AND CONTAINING 197.149 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701\SDATA\TR5ZONE.DOC SHEET 5 OF 5 ZONING LEGAL TRACT 6 BEING A 22.225 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452 AND THE M. MAY SURVEY, ABSTRACT NO. 807, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEANIN WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND A PORTION OF THAT 64.871 ACRE TRACT OF LAND DESCRIBED 1N DEED TO LARRY E. KUHLKEN AND WIFE, JEANINE W. KUTILKEN, RECORDED IN VOLUME 2360, PAGE 633, DEED RECORDS, DENTON COUNTY, TEXAS. SAID 22.225 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.73 8 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED IN DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 110.257 ACRE TRACT, A DISTANCE OF 4,850.97 FEET TO THE MOST EASTERLY SOUTHWEST CORNER OF SAID 299.738 ACRE TRACT, SAID POINT BEING IN THE WEST LINE OF A CALLED 105.13 63 ACRE TRACT OF LAND CONVEYED TO REPUBLIC NATIONAL BANK OF DALLAS, TEXAS, TRUSTEE, RECORDED IN VOLUME 943, PAGE 431, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, ALONG A WEST LINE OF SAID 299.738 ACRE TRACT AND THE COMMON EAST LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 1,186.21 FEET TO AN ELL CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 105.1363 ACRE TRACT, SAID POINT BEING THE POINT OF BEGINNING; THENCE, NORTH 88 DEGREES 24 MINUTES 04 SECONDS WEST, ALONG THE SOUTH LINE OF SAiD 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 1,731.81 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 64.871 ACRE TRACT; I:\SLD\02150701 \SDATA\TR6ZONE.DOC SHEET 1 OF 2 THENCE, NORTH 88 DEGREES 19 MINUTES 18 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 64.871 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 302.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 46 DEGREES 54 MINUTES 24 SECONDS, AND A LONG CHORD THAT BEARS NORTH 62 DEGREES 14 MINUTES 36 SECONDS EAST, A DISTANCE OF 457.70 FEET; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 64.871 ACRE TRACT AND SAID 299.738 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: ALONG SAID NON-TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 470.74 FEET TO A POINT FOR CORNER; NORTH 38 DEGREES 47 MINUTES 24 SECONDS EAST, A DISTANCE OF 372.29 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 81 DEGREES 39 MINUTES 44 SECONDS, AND A LONG CHORD THAT BEARS NORTH 79 DEGREES 37 MINUTES 16 SECONDS EAST, A DISTANCE OF 751.91 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 819.53 FEET TO A POINT FOR CORNER; SOUTH 59 DEGREES 32 MINUTES 52 SECONDS EAST, A DISTANCE OF 603.99 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 20 DEGREES 38 MINUTES 55 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 69 DEGREES 52 MINUTES 20 SECONDS EAST, A DISTANCE OF 206.10 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 207.22 FEET TO A POINT FOR CORNER; SOUTH 10 DEGREES 27 MINUTES 50 SECONDS WEST, A DISTANCE OF 324.33 FEET TO THE POINT OF BEGINNING AND CONTAINING 22.225 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLiTiCAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701 \SDATA\TR6ZONE.DOC SHEET 2 OF 2 ZONING LEGAL TRACT 7 BEING A 35.463 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND A PORTION OF THAT 384.521 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUI-ILKEN AND JEANINE KUHLKEN, RECORDED IN VOLUME 3134, PAGE 537, DEED RECORDS, DENTON COUNTY, TEXAS. SAID 35.463 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED 1N DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 110.257 ACRE TRACT, A DISTANCE OF 3,111.41 FEET TO A POINT; THENCE, DEPARTING SAiD COMMON LINE, OVER AND ACROSS SAID 299.738 ACRE TRACT AND SAID 384.521 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 16 MINUTES 00 SECONDS EAST, A DISTANCE OF 1,260.76 FEET THE POINT OF BEGINNING; NORTH 65 DEGREES 30 MINUTES 51 SECONDS WEST, A DISTANCE OF 48 8.70 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 23 DEGREES 13 MINUTES 09 SECONDS, AND A LONG CHORD THAT BEARS NORTH 77 DEGREES 07 MINUTES 26 SECONDS WEST, A DISTANCE OF 231.43 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 233.02 FEET TO A POINT FOR CORNER; I:\SLD\02150701\SDATAWR7ZONE.DOC SHI~gT 1 OF 3 NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, A DISTANCE OF 929.20 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 08 DEGREES 32 MINUTES'13 SECONDS, AND A LONG CHORD THAT BEARS NORTH 84 DEGREES 27 MINUTES 54 SECONDS WEST, A DISTANCE OF 85.59 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 85.67 FEET TO A POINT FOR CORNER; NORTH 10 DEGREES 27 MINUTES 50 SECONDS EAST, A DISTANCE OF 43.02 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 42 DEGREES 04 MINUTES 19 SECONDS, AND A LONG CHORD THAT BEARS NORTH 31 DEGREES 29 MINUTES 59 SECONDS EAST, A DISTANCE OF 287.16 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 293.72 FEET TO A POINT FOR CORNER; NORTH 52 DEGREES 32 MINUTES 09 SECONDS EAST, A DISTANCE OF 174.78 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 49 DEGREES 10 MINUTES 30 SECONDS, AND A LONG CHORD THAT BEARS NORTH 27 DEGREES 56 MINUTES 54 SECONDS EAST, A DISTANCE OF 332.87 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 343.31 FEET TO A POINT FOR CORNER; NORTH 03 DEGREES 21 MINUTES 39 SECONDS EAST, A DISTANCE OF 161.72 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 28 DEGREES 32 MINUTES 45 SECONDS, AND A LONG CHORD THAT BEARS NORTH 17 DEGREES 38 MINUTES 02 SECONDS EAST, A DISTANCE OF 197.23 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 199.29 FEET TO A POINT FOR CORNER; NORTH 31 DEGREES 54 MINUTES 25 SECONDS EAST, A DISTANCE OF 114.05 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,600.00 FEET, A CENTRAL ANGLE OF 44 DEGREES 54 MINUTES 36 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 80 DEGREES 32 MINUTES 53 SECONDS EAST, A DISTANCE OF 1,222.26 FEET; ALONG SAID NON-TANGENT CURVE TO 'THE LEFT AN ARC LENGTH OF 1,254.12 FEET TO A POINT FOR CORNER; I:\SLD\02150701 \SDATA\TR7ZONE.DOC SHEET 2 OF 3 SOUTH 13 DEGREES 00 MINUTES 11 SECONDS EAST, A DISTANCE OF 208.38 FEET TO A POINT FOR'CORNER; SOUTH 08 DEGREES 25 MINUTES 50 SECONDS WEST, A DISTANCE OF 1,023.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 35.463 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\0215070 IISDATA\TR7ZONE.DOC SHEET 3 OF 3 ZONING LEGAL TRACT 8 BEING A 23.756 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452, iN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 23.756 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED IN DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 110.257 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, A DISTANCE OF 4,495.97 FEET TO THE POINT OF BEGINNING; NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, A DISTANCE OF 355.00 FEET TO THE MOST EASTERLY SOUTHWEST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID 110.257 ACRE TRACT, SAID POINT BEING IN THE WEST LINE OF A CALLED 105.1363 ACRE TRACT OF LAND CONVEYED TO REPUBLIC NATIONAL BANK OF DALLAS, TEXAS, TRUSTEE, RECORDED IN VOLUME 943, PAGE 431, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, ALONG A WEST LINE OF SAID 299.738 ACRE TRACT AND THE COMMON EAST LINE OF SAID 105.1363 ACRE TRACT, A DISTANCE OF 1,186.21 FEET TO AN ELL CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 105.1363 ACRE TRACT; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 299.738 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 10 DEGREES 27 MINUTES 50 SECONDS EAST, A DISTANCE OF 324.33 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 08 DEGREES 32 MINUTES 13 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 84 DEGREES 27 MINLITES 54 SECONDS EAST, A DISTANCE OF 85.59 FEET; I:\SLD\02150701 \SDATA\TRSZONE.DOC SHEET 1 OF 2 ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 85.67 FEET TO A POINT FOR CORNER; SOUTH 88 DEGREES 44 MINUTES 00 SECONDS EAST, A DISTANCE OF 929.20 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 23 DEGREES 13 MINUTES 09 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 77 DEGREES 07 MINUTES 26 SECONDS EAST, A DISTANCE OF 231.43 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 233.02 FEET TO A POINT FOR CORNER; SOUTH 65 DEGREES 30 MINUTES 51 SECONDS EAST, A DISTANCE OF 488.70 FEET TO A PO1NT FOR CORNER; SOUTH 01 DEGREES 16 MINUTES 00 SECONDS WEST, A DISTANCE OF 386.29 FEET TO A POINT FOR CORNER; NORTH 65 DEGREES 30 MINUTES 51 SECONDS WEST, A DISTANCE OF 686.19 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, A DISTANCE OF 756.50 FEET TO A POINT FOR CORNER; SOUTH 01 DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE OF 1,145.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 23.756 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701 \SDATA\TR8ZONE.DOC SHEET 2 OF 2 ZONING LEGAL TRACT 9 BEING A 34.469 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 34.469 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED IN DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DEl'Cf ON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 110.257 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, A DISTANCE OF 3,111.41 FEET TO THE POINT OF BEGINNING; NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, A DISTANCE OF 1,384.56 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 299.738 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 1,145.00 FEET TO A POINT FOR CORNER; SOUTH 88 DEGREES 44 MINUTES 00 SECONDS EAST, A DISTANCE OF 756.50 FEET TO A POINT FOR CORNER; SOUTH 65 DEGREES 30 MINUTES 51 SECONDS EAST, A DISTANCE OF 686.19 FEET TO A POINT FOR CORNER; I:\SLD\0215070 I\SDATA\TR9ZONE.DOC SHEET 1 OF 2 SOUTH 01 DEGREES 16 MINUTES 00 SECONDS WEST, A DISTANCE OF 874.47 FEET TO THE POINT OF BEGINNING AND CONTAINING 34.469 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.. I:\SLD\02150701 \SDATA\TR9ZONE.DOC SHEET 2 OF 2 ZONING LEGAL TRACT 10 BEING A 8.130 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 8.130 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED IN DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, DEPARTING SAiD EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 110.257 ACRE TRACT, A DISTANCE OF 3,111.41 FEET TO A POINT; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 299.738 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 16 MINUTES 00 SECONDS EAST, A DISTANCE OF 1,260.76 FEET THE POINT OF BEGINNING; NORTH 08 DEGREES 25 MINUTES 50 SECONDS EAST, A DISTANCE OF 369.41 FEET TO A POINT FOR CORNER; SOUTH 65 DEGREES 30 MINUTES 51 SECONDS EAST, A DISTANCE OF 140.30 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 51 DEGREES 45 MINUTES 39 SECONDS, AND A LONG CHORD THAT BEARS NORTH 88 DEGREES 36 MINUTES 20 SECONDS EAST, A DISTANCE OF 192.06 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 198.75 FEET TO A POINT FOR CORNER; NORTH 62 DEGREES 43 MINUTES 30 SECONDS EAST, A DISTANCE OF 611.45 FEET TO A POINT FOR CORNER; I:\SLD\02150701 \SDATA\TR10ZONE.DOC SHEET 1 OF 2 SOUTH 00 DEGREES 05 MINUTES 53 SECONDS WEST, A DISTANCE OF 83.24 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 27 DEGREES 22 MINUTES 23 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 13 DEGREES 35 MINUTES 19 SECONDS EAST, A DISTANCE OF 189.29 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 191.10 FEET TO A POINT FOR CORNER;' SOUTH 27 DEGREES 16 MINUTES 30 SECONDS EAST, A DISTANCE OF 97.16 FEET TO A POINT FOR CORNER; SOUTH 62 DEGREES 43 MINUTES 30 SECONDS WEST, A DISTANCE OF 528.39 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 51 DEGREES 45 MINUTES 39 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 88 DEGREES 36 MINUTES 20 SECONDS WEST, A DISTANCE OF 501.97 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 519.45 FEET TO A POINT FOR CORNER; NORTH 65 DEGREES 30 MINUTES 51 SECONDS WEST, A DISTANCE OF 38.13 FEET TO THE POINT OF BEGINNING AND CONTAINING 8.130 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701 \SDATA\TR 10ZONE.DOC SHEET 2 OF 2 ZONING LEGAL TRACT 11 BEING A 61.429 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 61.429 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED iN DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 110.257 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, A DISTANCE OF 1,655.00 FEET TO THE POINT OF BEGINNING; NORTH 88 DEGREES.44 MINUTES 00 SECONDS WEST, A DISTANCE OF 1,456.41 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACRoss SAID 299.738 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 16 MINUTES 00 SECONDS EAST, A DISTANCE OF 1,260.76 FEET TO A POINT FOR CORNER; SOUTH 65 DEGREES 30 MINUTES 51 SECONDS EAST, A DISTANCE OF 3 8.13 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 51 DEGREES 45 MINUTES 39 SECONDS, AND A LONG CHORD THAT BEARS NORTH 88 DEGREES 36 MINUTES 20 SECONDS EAST, A DISTANCE OF 501.97 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 519.45 FEET TO A POINT FOR CORNER; I:tSLD\02150701/SDATA\TR11 ZONE.DOC SHEET I OF 2 NORTH 62 DEGREES 43 MINUTES 30 SECONDS EAST, A DISTANCE OF 1,162.43 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 27 DEGREES 59 MINUTES 42 SECONDS, AND A LONG CHORD THAT BEARS NORTH 76 DEGREES 43 MINUTES 21 SECONDS EAST, A DISTANCE OF 278.16 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 280.95 FEET TO A POINT FOR CORNER; SOUTH 89 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 666.40 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 43 MINUTES 12 SECONDS WEST, A DISTANCE OF 620.67 FEET TO A POINT FOR CORNER; NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, A DISTANCE OF 1,044.97 FEET TO A' POINT FOR CORNER; SOUTH 01 DEGREES I0 MINUTES 04 SECONDS WEST, A DISTANCE OF 1,280.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 61.429 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DoEs NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS · PREPARED. I:\SLD\02150701 \SDATA\TR11 ZONE.DOC SHEET 2 OF 2 ZONING LEGAL TRACT 12 BEING A 77.231 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 384.521 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUI-ILKEN AND JEANINE KUI-ILKEN, RECORDED IN VOLUME 3134, PAGE 537 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCREBED IN DEED TO LARRY E. KUI-IL~N, TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLUME 13t2, PAGE 146, DEED RECORDS, DENTON COU'NTY, TEXAS. SAID 77.231 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A CALLED 9.65 ACRE TRACT OF LAND DESCRIBED IN DEED TO KENNETH E. NELSON, RECORDED 1N COUNTY CLERK'S FILE NO. 95-08942 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 89 DEGREES 55 MINUTES 56 SECONDS WEST, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINES OF SAID 9.65 ACRE TRACT AND TRACT 2, DESCRIBED 1N DEED W. E. WILLIAMS, ET UX, RECORDED IN VOLUME 300, PAGE 446, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 565.59 FEET TO THE POINT OF BEGINNING; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 384.521 ACRE TRACT AND SAID 299.738 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 43 MINUTES 12 SECONDS WEST, A DISTANCE OF 929.96 FEET TO A POINT FOR CORNER; SOUTH 56 DEGREES 33 MINUTES 35 SECONDS WEST, A DISTANCE OF 470.48 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 09 MINUTES 37 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 73 DEGREES 38 MI2N-UTES 24 SECONDS WEST, A DISTANCE OF 234.97 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 238.48 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 16 MINUTES 48 SECONDS WEST, A DISTANCE OF 216.09 FEET TO A POINT FOR CORNER; I:\SLD\02150701 \SDATA\TR 12ZONE.DOC SHEET i OF 3 SOUTH 00 DEGREES 43 MINUTES 12 SECONDS WEST, A DISTANCE OF 293.31 FEET TO A POINT FOR CORNER; SOUTH 21 DEGREES 52 MINUTES 06 SECONDS EAST, A DISTANCE OF 379.I8 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 43 MINUTES 12 SECONDS WEST, A DISTANCE OF 262.57 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 16 MINUTES 48 SECONDS WEST, A DISTANCE OF 16.05 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 27 DEGREES 59 MINUTES 42 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 76 DEGREES 43 MINUTES 21 SECONDS WEST, A DISTANCE OF 278.16 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 280.95 FEET TO A POINT FOR CORNER; SOUTH 62 DEGREES 43 MINUTES 30 SECONDS WEST, A DISTANCE OF 634.04 FEET TO A POINT FOR CORNER; NORTH 27 DEGREES 16 MINUTES 30 SECONDS WEST, A DISTANCE OF 97.16 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 27 DEGREES 22 MINUTES 23 SECONDS, AND A LoNG CHORD THAT BEARS NORTH 13 DEGREES 35 MINUTES 19 SECONDS WEST, A DISTANCE OF 189.29 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 191.10 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 05 MINUTES 53 SECONDS EAST, A DISTANCE OF 426.34 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 22 DEGREES 59 MINUTES 34 SECONDS, AND A LONG CHORD THAT BEARS NORTH 11 DEGREES 23 MINUTES 54 SECONDS WEST, A DISTANCE OF 159.44 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 160.52 FEET TO A POINT FOR CORNER; NORTH 22 DEGREES 53 MINUTES ,$1 SECONDS WEST, A DISTANCE OF 699.95 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 22 DEGREES 59 MINUTES 34 SECONDS, AND A LONG CHORD THAT BEARS NORTH 11 DEGREES 23 MINUTES 54 SECONDS WEST, A DISTANCE OF 159.44 FEET; I:\SLD\02150701\SDATA\TR 12ZONE.DOC SI-IEET 2 OF 3 ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 160.52 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 05 MINUTES 53 SECONDS EAST, A DISTANCE OF 862.83 FEET TO A POINT IN THE NORTH LINE OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTH LINE OF SAID TRACT 2; THENCE, SOUTH 89 DEGREES 55 MINUTES 56 SECONDS EAST, ALONG SAID COMMON LINE, A DISTANCE OF 1,984.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 77.231 ACRES' OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY~ AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701 \SDATA\TR12ZONE.DOC SHEET 3 OF 3 ZONING LEGAL TRACT 13 BEING A I0.033 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 384.521 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN AND JEANINE KUHLKEN, RECORDED IN VOLUME 3134, PAGE 537, DEED RECORDS, DENTON COUNTY, TEXAS. SAID 10.033 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO.LARRY E. KUHLKEN, TRUSTEE AND JEANINE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A CALLED 9.65 ACRE TRACT OF LAND DESCRIBED IN DEED TO KENNETH E. NELSON, RECORDED IN COUNTY CLERK'S FILE NO. 95-08942 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, ALONG THE EAST LINE OF SAID 384.521 ACRE TRACT AND SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164 THE FOLLOWING COURSES AND DISTANCES: SOUTH O0 DEGREES 42 MINUTES 27 SECONDS WEST, A DISTANCE OF 602.31 FEET TO A POINT FOR CORNER; SOUTH 06 DEGREES 25 MINUTES 08 SECONDS WEST, A DISTANCE OF 100.50 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF i .26 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID EAST LINE AND SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, OVER AND ACROSS SAID 384.521 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 16 MINUTES 48 SECONDS WEST, A DISTANCE OF 89.71 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 09 MINUTES 37 SECONDS, AND A LONG CHORD THAT BEARS SOUTH 73 DEGREES 38 MINUTES 24 SECONDS WEST, A DISTANCE OF 234.97 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 238.48 FEET TO A POINT FOR CORNER; SOUTH 56 DEGREES 33 MINUTES 35 SECONDS WEST, A DISTANCE OF 291.73 FEET TO A POINT FOR CORNER; I:\SLD\02150701 \SDATWR 13ZONE.DOC SHEET I OF 2 NORTH 00 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE OF 929.96 FEET TO A POINT IN THE NORTH LINE OF SAD 384.521 ACRE TRACT AND THE COMMON SOUTH LINE OF TRACT 2, DESCRIBED IN DEED TO W. E. WILLIAMS, ET UX, RECORDED IN VOLUME 300, PAGE 446, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 89 DEGREES 55 MINUTES 56 SECONDS EAST, ALONG SAID COMMON LINE AND THE COMMON SOUTH LINE OF SAID 9.65 ACRE TRACT,'A DISTANCE OF 565.59 FEET TO THE POINT OF BEGINNING AND CONTAINING I0.033 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. i:\SLD\02150701\SDAT~TR13ZONE.DOC SHEET 2 OF 2 ZONING LEGAL TRACT 14 BEING A 35.689 ACRE TRACT OF LAND SITUATED IN THEv. GAILOR SURVEY, ABSTRACT NO. 452, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 384.521 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KLrHLKEN AND JEANINE KUI-ILKEN, RECORDED IN VOLUME 3134, PAGE 537 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHLKEN, TRUSTEE AND JEA~INE WATSON KUHLKEN, RECORDED IN VOLUME 1312, PAGE 146, DEED RECORDS, DENTON COUNTY, TEXAS. SAID 35.689 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A CALLED 9.65 ACRE TRACT OF LAND DESCRIBED IN DEED TO KENNETH E. NELSON, RECORDED 1N COUNTY CLERK'S FILE NO. 95-08942 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, ALONG THE EAST LINE OF SAID 384.521 ACRE TRACT AND SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164 THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 42 MINUTES 27 SECONDS WEST, A DISTANCE OF 602.31 FEET TO A POINT FOR CORNER; SOUTH 06 DEGREES 25 MINUTES 08 SECONDS WEST, A DISTANCE OF 100.50 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 1.26 FEET TO THE POINT OF BEGINNING; SOUTH 00 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 198.74 FEET TO A POINT FOR CORNER; SOUTH 05 DEGREES 00 MINUTES 08 SECONDS EAST, A DISTANCE OF 100.50 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 400.00 FEET TO A POINT FOR CORNER; SOUTH 09 DEGREES 07 MINUTES 37 SECONDS WEST, A DISTANCE OF 101.09 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 300.00 FEET TO A POINT FOR CORNER; I:\SLD\02150701\SDATA\TRt4ZONE.DOC SHEET I OF 3 SOUTH 07 DEGREES 42 MINUTES 38 SECONDS EAST, A DISTANCE OF 101.09 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 238.74 FEET TO THE SOUTHEAST CORNER OF SAID 384.521 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 299.738 ACRE TRACT; THENCE, SOUTH 00 DEGREES 43 MINUTES 12 SECONDS WEST, ALONG THE EAST LINE OF SAID 299.738 ACRE TRACT AND 8AID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, A DISTANCE OF 34.50 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID EAST LINE AND SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, OVER AND ACROSS SAID 299.738 ACRE TRACT AND SAID 384.521 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 16 MINUTES 48 SECONDS WEST, A DISTANCE OF 1,250.36 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE OF 262.57 FEET TO A POINT FOR CORNER; NORTH 21 DEGREES 52 MINUTES 06 SECONDS WEST, A DISTANCE OF 379.18 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE OF 293.31 FEET TO A POINT FOR CORNER; SOUTH 89 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 216.09 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 09 MINUTES 37 SECONDS, AND A LONG CHORD THAT BEARS NORTH 73 DEGREES 38 MINUTES 24 SECONDS EAST, A DISTANCE OF 234.97 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 238.48 FEET TO A POINT FOR CORNER; NORTH 56 DEGREES 33 MINUTES 35 SECONDS EAST, A DISTANCE OF 762,20 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 09 MINUTES 37 SECONDS, AND A LONG CHORD THAT BEARS NORTH 73 DEGREES 38 MINUTES 24 SECONDS EAST, A DISTANCE OF 234.97 FEET; I :\SLD \02150701 \SDATA\TR 14 ZONE .DO C SHEET 2 OF 3 ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF 238.48 FEET TO A POINT FOR CORNER; SOUTH 89 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 89.71 FEET TO THE POINT OF BEGINNING AND CONTAINING 35.689 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. I:\SLD\02150701 \SDATA\TR 14ZONE.DOC SHEET 3 OF 3 ZONING LEGAL TRACT 15 BEING A 57.074 ACRE TRACT OF LAND SITUATED IN THE V. GAILOR SURVEY, ABSTRACT NO. 452, IN DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT 299.738 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY E. KUHL~N, TRUSTEE AND JEANINE WATSON KLrHLKEN, RECORDED IN VOLUIVIE 1312, PAGE 146 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 57.074 ACRE TRACT, WITH THE REFERENCE BEARING BEING THE EAST LINE OF SAID 299.738 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID 299.738 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 110.257 ACRE TRACT OF LAND DESCRIBED IN DEED TO VANDALAR PARTNERS, RECORDED IN COUNTY CLERK'S FILE NO. 93-0094497 OF THE COUNTY CLERK'S RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164; THENCE, NORTH 88 DEGREES 44 MINUTES 00 SECONDS WEST, DEPARTING SAID EXISTING WEST RIGHT-OF-WAY LINE OF FM 2164, AND ALONG THE SOUTH LINE OF SAID 299.738 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 110.257 ACRE TRACT, A DISTANCE OF 1,655.00 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 299.738 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 10 MINUTES 04 SECONDS EAST, A DISTANCE OF 1,280.00 FEET TO A POINT FOR CORNER; SOUTH 88 DEGREES 44 MINUTES 00 SECONDS EAST, A DISTANCE OF 1,044.97 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE OF 620.67 FEET TO A POINT FOR CORNER; SOUTH 89 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 600.00 FEET TO A POINT IN THE EAST LINE OF SAID 299.738 ACRE TRACT, SAID POINT BEING IN THE EXISTING WEST RIGHT-OF-WAY LiNE OF SAID FM 2164; I:\SLD\02150701 \SDATA\TR 15ZONE.DOC SHEET 1 OF 2 THENCE, SOUTH 00 DEGREES 43 MINUTES 12 SECONDS WEST, ALONG SAID EAST LINE AND SAID EXISTING WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1906.46 FEET TO THE POINT OF BEGINNING AND CONTAINING 57.074 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.. I:\S LD\02150701 \SDATA\TR 15 ZONE. DOC SHEET 2 OF 2 CLEAR CREEK RANCH ZONING DISTRICT TABULATION TRACT AREA ZONE NUMBER (acres) CLASSIFICATION 1 10.7 NRMU 2 i8.3 NR-6 3 69.8 NR-4 4 88.0 NR-2 5 197.1 NR-3 6 22.2 NR-6 7 35.4 NR-4 8 23.8 ~-12 9 34.5 NR-6 10 8.1 NRMU-12 11 61.4 NRMU 12 77.2 NR-4 13 10.0 NRMU 14 35.7 NR-6 15 57.1 CM-G TOTAL 749.3 CM-G 57.1 8% NRMU 82.1 11% NRMU-12 31.9 4% NR-6 110.7 15% NR-4 182.4 24% NR-3 I97.1 26% NR-2 88.0 12% TOTAL 749.3 Agenda 02-027 08/20/02 #25 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: August 20, 2002 Planning Department Dave Hill, 349-8314 SUBJECT - Z02-0029: (QT 905 Addition) Hold a public hearing and consider adoption of an ordinance for a Specific Use permit for approximately 2.9 acres. The site is in a Downtown Commercial General (DC-G) zoning district. The subject property is located at the southeast comer of Carroll Boulevard and Eagle Drive. A convenience store and gas station is proposed. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Farman Shirmohammadi Dallas, Texas The applicant has submitted a request for a Specific Use Permit (SUP) proposing a convenience store and gas station. The DC-G zoning allows retail sales but gasoline sales are only allowed with the approval of a Specific Use Permit. No opposition has been received; therefore a simple majority is required to approve this application. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0, Keith absent). ESTIMATED PROJECT SCHEDULE A Site Plan must be approved and a building permit issued prior to the beginning of construction. The property must be platted prior to the issuance of a building permit. PRIOR ACTION/REVIEW The following is a chronology of Z02-0029, commonly known as QT 905 Addition: Application Date - DRC Date- P&Z Date- May 24, 2002 June 6, 2002 July 10, 2002 and July 24, 2002 No Neighborhood meeting was held. FISCAL INFORMATION Development of this property will increase the assessed value of the city. short-term public improvements that are the responsibility of the city. It will require no ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification Map and Responses 4. Photographs 5. Site Plan 6. Planning and Zoning Commission Minutes, July 10, 2002 and July 24, 2002. 7. Draft Ordinance Prepared by: Mike Grace Planner I Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Zoning Request The subject property is zoned Dowmown Commercial General (DC-G). Although the convenience store is permitted by the current zoning designation, the applicant must obtain the approval of a Specific Use Permit (SUP) to allow for the operation of a gas station. Existin~ Condition of Property Property History. February 20, 2002 - The subject property was placed in the Downtown Commercial General (DC-G) zoning district and land use classification by Ordinance 2002- 040. A vacant single-family structure and associated accessory structure currently exist on the site. This site was previously in the Single-family (SF-7) zoning district and land use classification by Ordinance 69-1. Surrounding uses: North: Partly vacam; single-family residence South: Partly vacam; single-family residence East: Commercial business West: Single-family (SW comer of Carroll and Eagle) Adjacem zoning: North: Downtown Residemial 1 (DR-i) South: Dowmown Commercial General (DC-G) East: Dowmown Commercial General (DC-G) West: Downtown Residemial 1 (DR-l) Comprehensive Plan Analysis The subject site is located in the "Downtown University Core District" future land use area. This area is imended to have a mix of educational, residemial, retail, office, service, govemmem, cultural and entertainment development. It is a place where residents can live, work, learn, and play in the same neighborhood. The DeNon Plan says that specified commercial areas of the dowmown university core district should be places of great vitality, with a mix of educational, residemial, retail, office, service, government, cultural, and entertainment development. Development Review Analysis Transportation Trip Generation. No significam vehicle trips will be generated. A TIA will not be required. Access. The developmem will have access from Carroll Boulevard, Eagle Drive and Myrtle Street. Environmental Quality Impacts No environmemal impacts from the proposed developmem have been idemified. Development Code/Zoning Analysis The applicant has proposed a convenience store and gas station. The Downtown Commercial- General (DC-G) zoning designation allows retail sales via convenience stores, etc. The proposed convenience store will be 5,000 square feet in size and one (1) story or sixteen (16) feet in height. Gasoline sales are defined as a quick vehicle service and are allowed only with the approval of a Specific Use Permit (see Attachmem 5). The proposed developmem is located in the Downtown University Core District and is compatible with The DeNon Plan. Section 35-112 of the Zoning Ordinance (69-01) states that a Specific Use Permit shall be issued only if all of the following conditions have been found: That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The operation of the convenience store and gas station should not diminish or impair property values in the immediate vicinity. e That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; It is unlikely that establishment of this specific use will impede the normal and orderly developmem of surrounding property. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities will be provided. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; All proposed parking areas and driveways meet the requiremems of the City of DeNon. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Adequate nuisance prevention measures will be taken. e That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Proposed lighting will not adversely affect neighboring properties. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Landscaping information is not required. However, Section 35-113 allows the Commission to recommend additional conditions on the proposal to protect the public imerest and the welfare of the community. STAFF FINDINGS 1. The proposed use is compatible with The Denton Plan and the Denton Development Code. The applicant has met all requirements of a Specific Use Permit. The establishment of convenience store and gasoline station at this location will not have any detrimental impacts on the surrounding area. ATTACHMENT 2 Maps Location/Zoning Map NORTH Scale: None NORTH Land Use Map Scale: None ATTACHMENT 3 Public Notification NORTH HIGHLAND E~GLE Scale: None Newspaper Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 2 · Neutral: 0 June 29, 2002 30 96 2 Percent of land within 200' in opposition: 0 % *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Public Notification Responses Neutral/ Property Owner /In favor Comments Name and Address /Opposed* Jack E. Briscoe In Favor No Comment 822 (816) S. Elm Jack E. Briscoe In favor No Comments 220 Eagle A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Photographs lO ATTACHMENT 5 Site Plan NORTH 1 1 I 12 ATTACHMENT 6 Planning and Zoning Minutes (July 10, 2002) Hold a public hearing and consider making a recommendation to City Council on a Specific Use Permit for approximately 2.9 acres. The site is in a Downtown Commercial General (DC-G) zoning district. The subject property is located at the southeast corner of Carroll Boulevard and Eagle Drive. A convenience store and gas station is proposed. (Z02-0029, QT 905 Addition, Mike Grace) Motion by Joe Mulroy and seconded by Susan Apple to continue to the next P&Z meeting on July 24, 2002. *Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page 25). Motion carries 4-1 - Commissioner Bob Powell opposed 13 Cond~nseItTM Page 25 co~.vassto~m~ glSllBb. And ~hal will bring We're h~ to h~ ease Z02-(~29, QT 905 6 Ca~ll, ~b~t ~ffe i~ loc~l~ in ~ dewnm~m 7 c~ disG~t ~ ~ d¢~ia~ by d~ ~ao~ -- by d~ 8 ~mn ~mp~nsix,. Plan ~nd ~ subj~l si~ as sh~n on 9 ~ ~ah~g amp l~m is ~[ ~co. 'r~ ~ist~ zoaiug 10 allo~ ~il usm ~nd ~ p~oa~ eo~venlen~ a~ but 11 a s~ifie me ~nit is ~¢r~ i~ tim op~ahon al fl~ 12 ~so~i~ 13 TJ~v applicant is prapnslng a 5,003 square 14 fool, on~sto~ conmficuc6 gt~ and ga~ smtio., ] 5 C~ntly, ~ 81m -- On ~m fl~ is a v~cam and t 9 Tk¢ pm~ um is uompafible ~qd~ ~ 20 ~mg Plan and t~ D~nt~n ~n~m Code. ~ 21 applicant has met all ~umuents of a Sp~[fic U~ 22 P~il q%~ cg~bli~nt cfa conven~tce s~ and 23 ~solio~ station at ~is lo;arian wiU not have any 24 ~imenml impels tn Or s~ounding a~. 25 H~ is a si~ phn afdc propo~{ Page 26 1 conwn~ence store and gasoli:w station, rt will have 2 ac. eels froot Cnn'oil Boulevard and also from M_',~le and if 3 yo~l eau make it out here from Hagl¢ Drive, The applicant ¢ [s available for f'tlrthcr qucs;io,s. 5 COMMISSIONER. P.[SU~., Thank you, ~k, C~ace, 7 yon ~1~ m pmsm~? 8 ~, ~OUOI: Thank yo~. N~_ ~s, innan, mad 10 ~ in ~ntcn a 801 No~ Locust and ]t~ 11 tl~ folks with ~ ~fik-Tfi~ Co~oratioa ~d 12 in d,~ au~ce to p~t and ~ ~v any qu~tlem yea 13 ~m~t have, As has b~n p~s~, ~i; is an apDraxima~ 14 2.9 ~ tract fronting mt Eag~ amt Caulk gaul~'~ and 16 PmpoMng ~ put a ~nveni~¢¢ 17 gas ~ and Ge zon~ is pwp~' and in place 18 to ~ phns bill a Sp~ific Use ~fit ~ ~tii~ 19 $elKt:g ~;oli~, So I wouM at Ibis :im¢ ti~e D p~ent 21 QoiS-Tfip ~rpomfiou and ha~ S~vc p~X fl~ p~[fion. 22 ~nk yom 23 co~,msm~sum,: Thank )~u. And wou~ 24 you give us ~ name and ad.ss? 25 M:4, WALK~; YeS, r ~lfl, My aa~ is Page 27 I St~w¢ Walker. I msid,' at 1717 New, on D~ivo, Flower 2 Momtd, T~as. I ~ ~ mai ~m~ mana~ for Quik-Tfip 4 ~ik-Trip about 12 ~rs, a little ov~, And in ~ 5 n~'opL~ f~ a UIi~ ov~ t;~, l can c~llni~ly say 7 Ct-our O~ top hund~ m*ubers of fl~u company ,~h~cd in 8 ~ Sm~S, moppia8 t~rs, g's just tlu my ~ik-Tfip 9 works. I[% cml7 a ~o~ fm ~dfia. r'd like to 10 just briefly gi~ you a ha~ hfsmW about w~t ~ a~, I 1~ ~a know what ~'m going to ~' lo bring to your 12 co~uua[~, ~lk a llx~ bit about tl~ si~x and be I 3 avai~blc for any qu~dons. 14 I als~ ~x;e ~t stol mmub~s of bath 15 ~ik-Trip and ot~r ~gin~ving ~am lmm m ans~ ~y 17 l'oun&~ and wu s~nl ~e last 44 ~r~ ~owing n~ 18 slow. werm prell' eon~n~ wi~ nice eons~ati~ slow 19 g~owfla, Hom'~ ~ ~ taa~d 56 in fl~ ForUm 500 20 n~. I can sit ~ all d~ and give yotm afliclcs 21 whqt ~ indust~' s~as ~ drink of 22 But I ,~[nk one of tb ;~,t effmtive 23 I ha~ ~ 2~ cu~tmn~. E~ msnth w. 8¢~ 24 l~t~ fr~n cuatom~s mki~ about how ;~w o~ra~, And 25 ~'mm~llyp~of~m. We~waming< boamc~b~ Page 28 of the coratuuni~. 3 ~ hat ~'~'al months as wu wunt thro.gtt the ~oluoon 4 of thc nov d~clopmgmt plan, F~ a~d~ fl~e ~'nl~'n 5 pbnni~ session~ to t~ to ma~ s~ ~t wMt ~ am dciD6 i; colmisLm; wi~ what you would like to s~ tm overall ~[op~nt plan, And I do f~ ~t ~ do ~ ~t ~imthtrly as ~Js sJ~ i8 s~ificall>' at two 9 armSal ia~fions, Ifa ~inly ~i~ ~t 12 to put a ~rk~g of whs~ me do vi~- il]c ~ite w~ld ~ up on ~ b0ad, A~ you am ~w~ d~,l ro~ it'~ 14 au s~ndonM mcss. And ~ ho~ ta c~u ~at cp and ~lp 15 sp~ ~omc mom d~lopment ~m in flfis a~, a 16 quali~ d~elopmenl, sltlff ~h~t ~ ~po ~at you-all 17 be ~roud of, I've aka ~t f~ yo'.tr ~i~v shook[ 18 dmim ;~ of 2.c cn,,tmncr lenin's that I ~us 19 about. P~imp~ o~ I~1t~ fact that ;x~ tmx'o is r~ll now 20 we're hiri~g th~ out of 180 applkan~ ia Otis rear.t, 21 ~t givcs 5~ a Iiffic bit of an id~ of ~o ao~ of 23 hapAhrIy, ~e quali~ flint ~ a~ g~i~ m provide far 24 fall, 25 This ~6c]0 WaS just about a cuglom~ -- PLANNING AI~ID ZONING COMMISSION JULY 10, 2{}02 Page 25 - Page 28 14 CondenseIt TM Page 29 or ,n ~lployo~ Ihat bo~l sc.mo ~¢ foe ~ ~a~ard 3 a~lt ot~ pa~mflar ]~ndxcap~, Am~, p~l~ps, 4 Favori~ one is t~ on~ ~atj~t ca~ out ~i~ mon~. ffyou can ~ ~ q~t~ ~ in b~, this is From a ~tl~n in Ph~ix. ?f I ~ rot a 73-~rold 7 Baptist minion, I w~uld want to work at QalX-Trip. I ho~ flint ~ can ~ that ~ of ¢ommiunent ~ 9 ~o~,rFo~ W~ m~. 11 ~ out at ~ ~d o~ my p~mlufion. I would lika 14 that ~is is an a~ l~( you ~lly want to ;ffi s~ i 5 quali~ dm~to~m~];. We have trolly ~ ~ f~m on 16 hadacapiag ~sp~t of~ ~'elopment. 17 Wc am ~t~md by orfllnance B put 15 18 ~c~[ o~ out ~ml si~ in hndscapiag. W~ have I 0 prnvi~_ 55.5 p~eent ha&~capi~. We're ~ui~t 20 20 p~m~t ~f ~at si~ into r~aaopy. If you iacl~ 21 only ~ ~s flint ~ am inhaling, ~ a~ puaing 22 263 p~emt. We e~fi~ and your stuff will 23 v~ify ~is prior m ~ssuing mIr ibn~l building 24 but ~ ~th~m~ ~c an~U~ 8,OO0 square f~ of canopy 25 wit! m:na~n t~t ~'~ ~ing ~ l~ve a~og ~0 ~r of Page 31 2 dralna~_m smndpolnt~ 'az d~d t~sign our dmi~m 3 it's ~ an,~nding, ~nd my ~gin~ ~u 4 v~ify ~1, to ~ c~e~t ~mndsrd~ kuowk~ 5 ~¢~J~ n~ and bel~ would b~ coming a~ng. But 6 wan~ed m m~ ~ ~ didn't impact adv~bely 8 in. 9 ~MMI~I~R RIglIEL: M~. Wa~ W~ ~V~ 10 at ~ast ~e C~iss~neh mybe ~1 ~t wn~ tike 11 m a~k sm~ qu~ioa~. ~ yo~ ~dy f~ 12 time or do ~u ~ve additional 13 M~. wnc~ea. ~o. I~o not ha~ additional 14 p~ntafion Just had ]¢~Kl-s B p~ts out at your w:l[. 16 C~flssior~ Roy. Stuff will ~tp you 17 yc.u jusl Im~ a[ou~ and ~nd d~m t~ 18 ~ssr~p,s gay: I'm looking at 19 of~ c~b on ~c ~ag~ Drive ~ide. 21 clma ~, 23 and C~tol hit ~ curb s~m~s lo ¢om¢ 24 roadway. Is Um~ ~ ~isting shape of rite c~b? 25 MR, WALK~R; Y~q. Page 30 I tt._t~ property between us and the Russ'ells. 2 That would put us at about '_45_2 pemcnt 3 canopy ~vcrage, almoat double whac is required. I would 4 like tn stress ag~n tl~at we' ye ,net with the Rtls$¢ll,, 5 W¢'ve tried to meet with the eo,nmitteea that are available 6 fi~r the dowatow~ ama and try to ri'rake sure what we are 7 doing is eonsls~en; with wha; you-all vrant. Ant[ we do 8 feel like ,.~e have a good product. I'll shew you otto more 9 rendering of what we view th~ bio ¢o be frt,m above. And 10 I'm ~rtainly available For any questions you might have. l I COMMiSSIONER msa~.t.: Can you push it uts 1:2 just a little bit on the doeucam? 13 MR. WALKER: DoWil [~. hem along the bottom, 14 .fl does not represent thi, lg~.phien'.ky but thaCs whore we 15 will be able to save -- 16[ ,COMMISSIONER RISFI~.D YOu gllo,,~..' thai ~ ]7 kmx:n space and it's aotual¢ golng ~o be exksting oaaopy? ]g MR. WALKER: Right. That's wl'.¢re we'll he t9 able to save many of thc c~is:ing iree.~_ Lip along thc 20 front, and I would like [o point tMs out. We have 2l pro,Adod frontage ~. One cf thc thin~ -- and I don't 22 ka~w how aware you are of tMs, but they will 5c patting a 23 new dxainage ,y.c~em up front. So eve,--ything up front 24 regardless of who. they we go iu there or not, tho~ ~;~.ll 25 have lo carat down. Page 32 I COMMISS.[ONEi~. naY: ~fnybe stall' eau ~1 mc 2 whs~ bat 0o you have any idm why ~Cs -- is ~ roadway g ju;t m~wing t~? It 1o~, a li~ bit awkwaM. 5 a slkght ct~ in that localJou. [C isnrt 9 ~ and I nev~ nofi~ d~ cu~ fl~m. You're not 1 D conc~n~ about ~ti; slmpe -- 11 MR. 8~LMON: ga~al)7, what should 12 is is ~at ti]is is sJmr]~ly pr~i~ so fl~t as pmpk want 13 ~ n~e this dNvcway ~ l~n ri~r into tl'~ station, 14 can ~sc on o~ m~d ~ oat of ~ 15 ~MM~S[ONER ROY: 'lhal lOOkS 8o~. Yes, l 6 Pm taking about just befo~ lbuk 17 M~. s~e~on: we~, you know, we can -- 18 ~n. fl~ ~ Iane oonlfl bc flcs~na~ to provide a 19 bit tm~ ef a, I ~s, a smo~ mn~it~a. 2~ ~MMIS~OhER kaY: SO you're going to ~ 21 cening d~n ~gtc and swi~ off ~ ~ ~f: and fl~c~ 22 off ~ ~ ~t to g~ in. It just B~ awkwam[ ~o ~. 23 I am not a traffic 24 COMMlgMONER ~gI.IEL: YOD'I~ grill ~ing 25 have ~o hues fi)at am floing c~st, PLAN3IING AND ZONING COMMISSION JULY 10, 200:l Page 29 - Page 32 15 Co~d~n~ltTM Page 1 MR_. SALMON'. Yeah. There's two lanes in 2 each dhm:tion. And even though this molly isn't -- I ~ ~<, m you're dfivi~ it, as you've need, I 4 you've &ivan it a lot and you dm't p~i~ulady noti~ 5 that it's not -- as y~u'~ &joins, it's not that 6 aoti~able of a eu~'e, if you took at it fram a bird's 7 eye view ~ m a &awlng, it ~Mly looks mom ~e~ 8 w~ it ~ly ~ms to be w~n you'~ ac~lly 9 Al~h I em tell you that when r 10 muved to ~m ~most 20 y~s ago, I wes airing 11 one e~ing, and dktn'l. ~lire the st~t curved and 12 ~d up in tl~ wr~ lane cutting ao~m.hody el~ off, aa 13 c~ v~v Ih~ it i~ ~m. But Ohm you ~ um to ~t, 14 it's not m~ly all fl~t noti~ble. Iff ~MMISS1ONF~IROY: Okay. ~ank you. 16 COMMISSION~{ g[SH[I; NOW, ~ knOW WhO 17 shake our fist m, ~ht. ~ank you, Mr~ Salm~ f~ your 18 clarification. 19 Comm~ss~mer AppZ. 20 COMMISS[ONF~I APPLE: David, you ~y We 21 ~[p wilh fl~s, but 1'1[ address k to him. 22 COMMISSIQN~ mS~EL: Mr. 23 COMMISSION~ ~PLE: This i8 ~ cx~me[y 24 busy traffic ar~ wNch would be wmderful for 25 business. But a~ end con~ is I know r~mm ~ Page 34 I least three times during the day tlmt I have seea~ where 2 traffic is literally backed up from 1.b.¢ light them se 3 that traffic would bc obscuring che entranm aa Eagle. 4 Anti il' you have -- my enn-~em is you've got an entrance 5 over he~o, an entrance over here and an entrmlee hca'e, 1 6 sa: null'nS tkrough. To toe, that just lr~ks like an 7 accident wasting ~o happen. 8 MIL WALKER: cutting through from "Carroll 9 aver to Fagl¢? I tNnk that's one -- and I may bc 10 spewing -- 11 COMMISSIONER APPI.~.: well, mad aim when 12 thi~ -- when traffic gets back~ up at this light flipping t3 in here off of £ag!e and zipping out on to Myrtle or 14 ~eming in off of Care'ali going akmg t~re zipping off on 15 lo Myrtle. And I jusx. -- P m msriau~ as to did y'all rake 16 thai into co, asideration, Do you know how tit~all¥ that 17 cntranoc tm Eagk is ~xnnpl¢cdy obstructed at cratain 18 times during thc day? 19 MR. WALKER: Ye~. la faot B~ did do a z0 traffic knpaet analyst s on tl~ site. Thc only thing that 21 they cvcn said woulc~ ev¢~ be pokntially a problem would ~2 be any turns up he~ along Carroll. I thi~k staff 25 probably took ;hal into account. And one of tlm things on ~4 the -- particularly the Eagle Drive, it is a ho,~l right, 15 so no one can egress onto Eagle. If they want to gm off P~o 35 1 of Eag:e for whatever masc,~ th%' may want to, be it to 2 get over to Carroll -- hopefully, fl~e>"li buy somcLling 3 their way through But it's not going to eneottraf~e egress 4 ba~k on to Eagle. Tl~ey'll have to go buck cut ta Myrtk, 5 and if they're -- 6 COMMISSIONER A~LE, But does that not look ? like a eut-tl~ough waiting to happen? if trdfic is 8 backed up, yon can't -- you're sitting at that light, so 9 you're just going to =]p in a convenience store mad 10 out on to M3~le? I~ Ma. WA~XEm ,girting at -- l guns,% maybe 12 I'm unclear, vLtrmg at Eagle go~ng which direction7 13 COMMISSIONrER APPLE: Where ch¢ light is at 14 Ehn Street, 15 MR. WALKER: okay, 1~ COMMISSIONER AP?LE: The light at Elm 17 Street backs traffic up sometimes at1 the way to Carroll. 1S And i'm just seeing people using you as, well, g~, ~') just skip this and get over m Myrtle cadge our. 20 COMMISSIONER RISHEI.: ~'~qem are you going 21 to go once you get on Myrtle? 20 COMMIggIOMER APPLE: Welt, i_.r thc~ -- if 2~ ~hW turn k£t Oat aCroSS traffic, thee ~cy could miss 24 tho traffic that's backed up and kc ahe~ of all of those 25 people they were behind, I',n just thh~king about it Page 36 1 because chat is such a hoalene;k there at scvcmk times 2 during the da>'. 3 MR. W^LKE. R: Ye'ah. And I think we took 4 that into account. WhO I would think ti:at if soraebody 5 did that, they weald find that they're prob~ly not saving 6 all that much time if they're just getting Myrtle, they 7 could go up to Fort Worth Driv~ probably and c~nn¢ hack 8 down. 9 COMMISSIONEK APPLE: Alld ]7 know that. BUt 10 people are, you lmmv, not ~tways norad -- the people who 1 l zip tttrough parking lots to saw -- 12 COMMISSIONER RISHEL: DO~I' t know where 13 tRey're game anyway, right7 t4 COMMISSIONI';,R APPLE: EAact].)t, I nlosll, half 15 the time they're not tMnking to begin with. But I 16 my question ia I see that as a eoneem is you having 17 people flipping throw-,Iz both ways all ~he time using you 1~; ~s a out-tkrough, y'all did take that into considerafiou? 19 MR. WALKER: Right. lB fact, on Monday sec 20 went kefore the Traffic Advisory Board and they 21 moomded approval of this configuration £ccllng that it 12 was a safe configuraLitm. And I may be speaking for 23 staff, But tl~t's probably why tl~y wantcxt ~e hooded 24 right to not nil.ow egress on to Eagle because then it 25 deem 't eneoural~ any curt of avoiding lights in any PLANNqNG AND ZONING COIvIIvIISSION JULY 10, 2002 Page 33 - Page 36 16 Conde~It m Page 37 I :IY~fll'l nog. 2 COMMISSIONER APPLE: Tltatlk you, 3 COMM!~IONER RiSIU.',[,: Your [~o~ 4 ~ long as you% moving, you must be making pro. ss if 5 you're a 7 d~ is fha, ~bsolu~ly, And ~t given -- g COMMISSIONER RISHEL; AS l~g as ff~ wheels 9 a~ turning, 1.~ ~MMISS[ON~ APP.: I ~ them having two l l ~ys out of ~_ 1~ COMM[Sg[ON~;R RIglIEL= 7~¢ ~ gOOd 13 MIL WALKER: YOn R~B~ ~¢ hanging out w[~ 14 my wi re, tesa~ that'~ wh~ s~ accuses me 15 COMMISSIONER APPLB: [[ this ~s ~o~r 16 . I~mion I probably woul&ft ~mn have ~ought ~t' 17 t~t. But bt~u~ of that IMcl. that t~i~ ia at 18 fimct of ~e day so so bnok~ up and so -- 19 COMMISSIONER manet: well, Mr. Wal~r's 20 f~ling is Ng frimdty pmple a~ ~ing D Nit~ him 21 fight in tSere. Con~ssioncr Mukoy. 22 COMMISSrONER MIJ~OY: Y~. [ 23 con~s of my fellow ~nmis~[o~ ou ~e e~fk flow, 24 ~ring off of ~rolI, yea'fl be abl~ to ~$g and ~ss 25 both on ~at ~ve_ You exit eaffic lo co~ m and out Page 3 8 1 bolh on that drive, 2 MR_ WALKER: OU ~ Carroll Bonlm~ard. 3 COMMISSIONER MULROY: carroll. 4 MR, WALKF~t: Y¢~. And, in f~t, one of t~ 5 things ~at we did ~owing that ~ wouldn't mint m 6 uny farter or intoned &ive-cuts on C~ll 7 ~eady we~ th¢~. We ~d ~; wifl; the Rusm~ls ~hind 8 us and mfl~er ~mn mq~sti~g our own ~ive for our ~ 9 pm-pc~, w met wi~ ~¢m to got a ~ ~ive, that way 10 it would he a g~ i~s~e~ss point, 11 COMMISSIONER MU[.ROY: HOW about traffic 12 goi~ weal ~ Eagk flint you boca to atilt? A~ you 13 anticipa~ag ~y'll turn tek ~am My~le and into your 14 pl~c o~ 15 MR, WAI.KgR: Going ~zsl on 16 (~MMISSIONER MULROY: 17 MR. WALKER: YeS. We'd turn -- [~y would 18 have lo aim left. 19 COMMISSIONER MtmXOY: (;o ~ M~le. 20 MR. WAI.XER: g~use Of tho ]lo0~d r~ht, 21 t~ would have to turn left on M~tlc m~d titan r~ht it~o 22 our 23 CO~ISglONER ~ROY; NOW~ how would ~ 24 get back on E~[o going 25 MR. WALKER: rtmy woutd ~ve m go back Page 39 1 M~'lk or t~r could take a right oat on Carroll and r.hen 2 a l~tt whkh is why -- 3 ODMM[~%K.INI.'iR .X.IL'LIqU¥: CRt ~.;l'O[tS ~ 4 lanes and get into that lc0. -- 5 Mlt,~,'-a, tKml; sum. And that's 6 reag~n~ why ~.~ moved flint drive at~ far bark. 7 O~MMrSSIONERMULP. OY'; NO. lrl~ not ,aylng 8 that ifa not goh~ to work, I juct have a qamtio, fo,' 9 sane of ym¢ ~raLtk pa;{grn~ as my feLlow Uommis.~ioaer 10 so if you're wanting to rctu.rn to Eagle going mt, 11 really no! gol.f~ to enco~ra~ cutting across three 12 of Carroll. ~erciug in that left txtm lane. We'll 13 probably go back out to Myrtle, back to Eagle nnd make 14 legt turn. Do we have any improvements requir~xl then as 1 fi f~r as this s~nb-ia to M)~Io or ~he {ntersee~on of 16 Mycklc and Eaglv? ] 7 MR, ~,'AI,KF~: [ may be ir~corr~ hal I 1 g believe we have to improve or do i'mprcv,,cmcnts ta all t9 mad fro.aa.~gs in flift~.nt varylx~ dcgnx:s. And 20 may be better able re answer 0.~at queslio, thar't I alu, 21 COM~SStOr,WX V:rSHnL: Mt_ Salmon, would you 22 c~mc up and clarify for ~h0 Co~mnission. 23 MR..%kLMON: I don't believe ,qtat issue has 24 been completely m¢olvc& We typically -- with a 25 developme.t of thix <ze, wilh flfi~; many gas l~umps reClUim Page 40 1 a traffic, impact analysis will: tl~ plat doctmlents. And 2 this po!m w~ havm't pmgesst<l tile laura, m~d havcn'~ 3 ¢~n the traffic impact analS'*[s for stuff revSew, 4 C~iSS~ONER MrJLROY; My mi~tak~ 5 thought you said gray they'd done a mffic study, ? t~ir own p~ole, ~ &~ may bum done one p~aration for submi~ng it ~ stuff, 10 ~MMISSIONF.~ RIS[]EL: rOI 12 ma, sx[~oN: 'r~ hav~'~ i3 pMlfing oroces~ 5~t, Wc'm jus[ ia~ng n~out zoning at 14 ~ point or s~ihc ] 5 COMMI$~IONE~ Mu~OY; Thank you ~ much. 1~ coMMiSSIONER RISIIEL: C~RiS~On~S, tidy 17 F~ qt~t~ns of Mr. Walk~9 ~, Wa~*, may~< at 18 ~is d-l~ you'd c~ to bring forth ] 9 am {m y~ur ~m and in.duce Boa. And ~ may know ~-hat ~ ~pmtis~z ~ ha~ ~vaila~l¢ ~ tm and ha~ fu~l~ 21 c/ucsfions. 22 MR. WALK~: O~ay. I ham F~xm Sh~, who 23 ia with cE[ ~n~ing_ I have leW 24 dk~tc.c of rml es~m for ~ Fo~ W~th mar~. 23 ~MMrSSR)N~Rr~IEL: wuuld yOB PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 37 - Page 40 17 CondonseltTM Page 4 l 1 fomvard, g~nf.~nc, n and ~q[vc us yom' nm~:~ and ad~s and 2 y~r particuMr 3 MR. 4 genial my 5 F,~fa~ttg, 12300 Fbg Wo~, Dallas, 'l'~a8. 8 ~affic s~s a~ ~ e~ Ihirgs 1.~I ~ along with 9 ma~ 10 Me. sua~i: For ~ si~ d~qign and siLo 11 layout. ~ Waffle s~dy lis b~ comp~ and -- by 1 g ~nofl~ [~ulmnt eaffic 14 ~e nne mom time. 15 ~, 16 ~M~Ifi~ON~ RISn~L: 17 ofl~ t9 live at 204 Bobb~llnk fin 21 Imre ,Idw~, 22 ~. TtIOENE: .*ffTht~e, T-hm~-u~. 2~4 25 1 2 3 4 5 ? 8 9 10 ll 12 13 14 15 16 17 tn 19 2O 29 23 Page 43 :he Dallas/Fort Worlh market for (~fik-Trip. I'm t~'rc mom [or mca'al support than anyfl~ir;g ¢1s¢, Stga, [*mi*ably Page 42 knows mom abont ~ha project than I do. COMM[SSlONE. P, P,I~[I~L: okay, We apprec[ate gout expertise being hca-c and l W,m'Od tO acknowledge th~, 1 req~ to have that truffle hnpa~t enalyal, sabmlt~ 3 MR. ~IG]IIART: lbelib~e yeti Cam An SUP 5 And if you b~i~wc ~at t~ ~ffic J~ going to ~ a 6 negative impacL you c~ld ~u~t flint ~ TrA he 7 p:'~id~ for ~,ff ~ ana]yz~ ~o s~ ~v]:at that impact is 8 on ~t nci~rhood. 9 ~MMtS~N~ ML'~OY: okay_ ~ank you. [ 0 ~MMISSIO~R ~SHEL: T~nk COMMIflBION~ RtMIEL: OacC again, ~is i8 a 16 ~mnfl~tion~. Idon'l~vca~5' ol~cards of 17 ~apl¢ tMl would l~ko ~ s~k. ~ me cull for -- i~ 1 g ~cm anyuau who would lJk~ ~ sp~ ~ardlng I~n No. 8 lP on m~ ~a&~? I ~ no one who weald like ~ speak ~ 20 this point in tim~ so tt~'s no n~ f~ ~buml ~m 22 ~ and a~k 5mlI tbr ~ny flm.h~ cmments nr 24 adclrgss th¢ C~inmlssion wifit 25 ~4~. ol~c~: staff baa no additlanal f~ct that you wer~ in fact, ht~'e ~nd a part oFthN te~m. Cmnmisslonor Mulmy. OOMMISSIONERMULKOY: Y~,S, Tllarlk you, MI'. Chair_ I want to go back to really the major concuvn f~ :r~i~ n0l tl'~usc of ga~ pmnps on thls property, buti~ i~ the nmnhm' -- howcwm' the nuinb~r of pump~ is going to oqua~c lo th~ tr~ff:c congestion and tho routing ;hat's going re bt requLr~J, as I%c alnmdy addrcxsso& And I ~mnt to osk, yot~ <lo have a traffic in:pact analys[~ ;tone and a ~affic study, but ~at is not part of what you ha~ sn~mi~ and d[se~ with ~ glt~ today? ua.w>.~: ~t, We just did it Page 44 b~ua~ ~ wan'aM to make am. that w~ weuld not adversely impact 11~ arc~, I do have a copy cf il ~ that I can provide fo:' you. cOMM~SION~ MU~{OY: well, l x~uld 1~ m ask a q~slkm ~' a~ffo~ Mr R~ehhaN, ~t if i m~5', OMM~ION~ RiSIiEL: Commi*ii~ Mu~y, ~MM~IONEII MU~OY; Y~. ~MM~SIO~R ~m.~L, W~ ¢L~ificafion, (~${ONF2I MULROY: YC$, ~', Gan ~ 2 COMMISSIONER RISHEL: And do you hm,¢ -- 3 have you received tM traffic impact atudy your~x~if?. 4 Mit. G~CE: NO_ That would trove been 5 directed to the enfikncering department. fi COMMISSIONER RIS}IEI_: Okay. Com.mlssionee 7 -- Mr, Salmon, Same que~oa? 8 MR. Y,~MON: '~heir engineer just indurated 9 to m~ and I wasn't aware of this. Apparently they ;lid 10 re:bruit that directly to ear traffic engineer, Bud Voken, i I nndt I Ihink that's still under review~ which ig pretty 12 Lypica[. We -- under eta- ordinance, it's not really 13 required until the plaiting stage and so it's not unusual 14 at this stage for us to still be under review ~ith that 15 But we cio live it apparently in our hands. COMMISSIONER RISH£L-' $o we're going to 18 MR. SA~ON: Yeah, ] ~n, the pl~t, 19 obvio~[y will ~n~ back hem. And, you ~ow. the plat 21 ~A will ~ p~ of ~at, 22 ~MM[SSIONER I~SHEL: ~ank you. ~ Cmumissioncr MuNoy~ ~ COMMISSiOnER MU~OY', NO. [ was go~ ~ 2~ make a mot/om PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 41 - Page 44 18 Conden selt m Page 45 i OOMMISS[OI~ ~tku. ~I~HE<T.: I think we're ready 2 for yon. 3 ~MMISSION~ _~UU~OY: well, [ would IJ~ m 4 move ~at ~ continue ~s public ~ri~ t~ Jaly ~[1~ 1o 5 wh~w ~ can ~t a -- at tim ~o an iadisafisn from 6 staff of ~eir appmi,al of fl~ mffie imp~t analysis. 7 And if it's going to ~ wmkable not ~at ~ n~ fl~ n~ 8 -- ~ t~ n~h ~il which wlQ cm~m on ~e phulng 1~ weald f~l b~ if ~ had at ka~t an av~i~v from 11 ~ff of ~ ~kabitity of ~u ~affic sitaafion. 12 coMmmsrr~:.:a arsmxra ~ight. A~ maybe 14 ~M~SCO~X A~PLE: 16 ~mm[sstom~ Mulmy, ~ond~ by Commi;sioner Apple, 17 h~ emn~at~ ar clariti~ficn~ S~ing noe~ 18 vo~. Mofien ca,es 4-1 of~ ~nlssion~ p~,cnt. 19 T~nk 5mU V~Y much, Conm:issi~. 22 2~ 1 2 3 4 5 6 7 10 11 12 3 .4 15 16 17 19 20 2[ 22 24 25 Page 46 1 2 3 4 7 8 9 ~0 11 12 13 14 15 16 17 19 2O .21 23 I 2 3 7 11 13 L6 /7 lg 2O 2.1 Page 47 Page 48 PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 45 - Page 48 19 Planning and Zoning Minutes (July 24, 2002) ~3 1 2 ? 9 io [4 19 PLANNINO A~D Y, ONINO CO~$SION P~gc $ [~l,k~ ~ M>~ ~'~, f ? C~e~, ff t m~,~ ~'~h ~r ~)[icett~ ~t~l~)' ~ ~h{k: (70MM;S~IONE~ ~SEEL; ~mm~cr ~Oy'- M~. SAL~)N: YeL W¢ ha'~ ~; Capital public Page 5 - Pa~ 8 2O 6 ? ~7 ] 2 I7 ~4 ] ? ]G ~7 Page l 1 PLANNING AND ZONING COMMISSION P~ 9 - Page: lg 21 ATTACHMENT 7 Draft Ordinance ORDFNANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPEC'tFIC USE PERM~ ALLOW'IN'(} GASOLINE SALES ON 2.9 ACRES OF LAND COMMONLY KNOWN' AS 32I EAGLE DRIVE, 918 AND 922 SOUTtt MYRTLE STREET W~ItIN A DOWN-FOWN COM MERC IA L (i EN ERA L (DC-G) D I STRICT C LA SSZFICATION AND USE D E S KiN ATZON; PROVIDING FOR A PENALTY I'N THE MAXIMUM AMOUNT OF ~2,{~)0.00 FOR VIOLATIONS TtlEREOF; AND PROVIDING F()R AN EFFECTIVE DATE. (Z024~.)29) Wit EREA S, Mitt: hel I Planning G m up, on behal fo fQu ickTri p, has a pp lied fbr a s[~ci fie use permit m allow gasoline sales within ~m Downtown Commercial General (DC -G)x~ming district ctassi fimtion and tree desig~mtioa o[~ 2.9 acres of l~md lo, trnA at 32[ ~gie Drive, 9[ 8 and 922 gottth M~tle Street w~>re pa~icularly describo~ in Exhibit *'A" attached hereto and made a F~m ['~ro0 fby refe m nee (the" Property"); and WHEREA S, ~m July 24, 2002, the Plam~ing and 7~ning Commission mcomnmnded a pprov'al ofa Sp~ific Use Permit allowing gasoi me gales: and WItEREAS~ the City Council finds that the Spmific Usc r*ermit is consistem with The ~nton Plan; and WtIEREAS, in accordance with Section 35.6.5 of the Denton ~velopment C{×le Section 35.6.5: o ftN2 Denton ~velopment C<xle, the City Commil finds tImt all of the tbllowing conditio ns exist: The s pet: i tic use w.'i 11 be corn pat ib le wi th mid not i nj urioug m the use and e njosqnent of other pro~rty nor significamtly diminish or im~ir property values within immoA late vi cia ity; Tl~e establishment of the specific usc, a tele~>mmunications tower, wi il no t i mpcxle the normal and ordedy development :md improvement of surrounding pm~rry; Ad~tLato U ti lit les, access roads, drainage, and other necesm ry supportin.g t~ilitics have been or will be provided; :The design, iocation, and arrangement o fall drive ways ami parking spies provides the sat% ~td convenient movement of vehicular and po. lestrian traffic withom ~versely at't~2cti ng the general public or adjacent developments; Adequate nuisance prevention measures have ~en or will be t~en to prevent or comrol ot'Iiansive odor, ft[mes, dust, noise, and vibration; Proposed lighting will 'be provided so as not D distu~ or advermly after neighN>fi ng pm~rties; and Pi~GE 1 22 There is sufficient screening to ensure ~rmony ~d compatibility with adjacent property; NOW~ THEREFORE~ TI tE COUNCIL OF THE C' ITY OF DENTON HEREBY ORDAINS: SECTION I. A s[×*cific use permit to allow gasoline sales within a Downtown Commercial (~neral (DC-G)zm~ing district classification m~d ~se designation on the ProF~ay, is hereby approved, subject m t[~ app:rov~ site pl~ a'tmch.~l hereto and nmde a part hereof as Exhibit ~'B". SECTION 2, The Cik¥'s official zoning map is anmnded m show tim change in zoning district classi fi mtiom SECTION 3. Aayperson violating any provision o fthis ordinance shall, upgm conviction, be fined a sum m~t exceeding $2,{~.X)A)0, Each ~y that a provision of this ordinance is violatrxl s[mll constitute a sc~mt¢ ami distinct offense. SECTION 4. This ordinanee shall b~ome elI~tive fburteen ( i 4) ~y s from the date of its F~assage, and the City Secretory is [mreby di:r~ted :to cause the caption of this ordinance to be punished twice in t~ ~mon Record-Chronicle. a dui ly newspaper publishcxl in t~ City of Denmn, Texas~ within ten ( l 0) days o f thc dar e o f i ts passage, PASSED AND APPRO¥'ED this the ~y of .......................................... ,2002, EULINE BR(KTK, MAYOR ATTEST: JI/{NNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L PROUTY, CITY ATTORNEY BY: PAGE 2 23 EXHIBIT A Legal Description ~T&TC 01; T~'A~ ~IDUHIY OF p4dF~ularly described b~ ~*~e~ an~ ~uhd~ ~* Grid a ~hord len91~ af ~,4g te~l~ right-of- w~y)~ . dl=~a~Oe ~i 65.00 ~e~, I~ o P.K. nolt .e~ ~o~ c~rn~r~ P.K. ~all net f~r corne(; P.K. ~all ~e~ I~ ~h~ Wei~ rlgh~ot-w~Y ~,e oF U~l[e Sf~e~1 (26.~1 fo~1 dght-~f~waY); . NOW 'FH[REFORE KNOW Z'H~$r_.. MEN BY THESE 24 EXHIBIT B Site Plan 25 Agenda 02-027 08/20/02 #26 AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2002 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services SUBJECT Hold a public hearing and receive citizen input on the 2002-2003 proposed budget. BACKGROUND City Charter and State Law require that prior to adoption of the proposed budget, a public hearing be conducted to allow citizens the opportunity to provide input on the proposed budget. The required notice has been published and a public hearing has been scheduled as required. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The proposed budget was delivered to City Council on July 31, 2002 and was discussed at a budget workshop held on August 8, 2002. FISCAL INFORMATION The proposed 2002-2003 budget totals $329,632,950 in estimated resources and $328,226,345 in estimated expenditures. Respectfully submitted: Kathy DuBose ACM, Fiscal and Municipal Services Agenda 02-027 08/20/02 #27 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET August 13, 2002 Developmem Services (Engineering) Dave Hill, 349-8314 SUBJECT Consider adopting an ordinance ordering an election to be held in the City of DeNon, Texas on November 5, 2002 for the purpose of determining whether a local sales and use tax will be adopted in Denton, Texas at the rate of one-fourth of one-percent to provide revenue for the maintenance and repair of municipal streets; designating a voting place and appoiming election officials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing an effective date. BACKGROUND At the August 13, 2002 work session, City Council members directed staff to prepare an ordinance (Attachmem #1) calling an election for a V4-cem sales tax, with the revenue to be used solely for the maintenance and repair of local streets. If approved by the voters on November 5, 2002, the V4-cent sales tax would take effect April 1, 2003, with the first funding available for street maimenance available on June 10, 2003. A V4-cem sales tax election is being considered because: 1. The need for additional street funding in the City of DeNon has been clearly demonstrated, and is a very importam community priority; 2. Congestion levels and wear-and-tear on city streets is increasing due to growth inside the city and because of increasing non-residem traffic; 3. Prevemive maimenance and repair will avoid even higher costs of reconstruction if action is taken immediately. A proposed ten-year program of street maintenance and repair, with a funding increase from $2.6 million per year to $5.3 million per year, will cost up to $11 million per year to achieve the same results if street funding remains at existing levels. 4. The use of sales tax as a street funding mechanism is an equitable method that would cause residems and non-residems who use city streets to share in additional maimenance and repair costs. 5. The sales tax election requires voter support and approval. After four years, voters must reauthorize the V4-cent sales tax to continue the street funding program. Citizens have to participate in the decision-making process directly, and will have future opportunities to gauge results and decide if the streets sales tax should continue. OPTIONS 1. Adopt the ordinance; the sales tax election would be held on November 5, 2002. 2. Decline to adopt the ordinance; the sales tax election would not be held. 3. Postpone action and consider the ordinance at a later date. RECOMMENDATION The capacity of existing General Fund revenues to support local streets maintenance and repair at a reasonable level is limited, particularly as the rate of developmemal growth increases. In addition, the City of Denton continues to accommodate increasing levels of nonresident travel on local streets. The use of the 1/4-cent sales tax to supplement existing General Fund levels would be an equitable method to fund local street repairs by assessing the costs to both residents and the growing number of nonresidents who use city streets. If Council decides to pursue the local streets sales tax option, staff recommends the implementation of a pavement management system to enable clear and concise evaluation of city streets. The pavement management system will be implemented in fiscal year 2003-04 if additional streets funding is made available. Further information on the system details will be provided at a later date. ESTIMATED PROJECT SCHEDULE The attached ordinance, if approved, outlines the following schedule for the proposed 1/4-cent sales tax for local streets maintenance and repair: August 20, 2002 November 5, 2002 January - March 2003 April 1, 2003 June 10, 2003 Council calls for election Date of election Passage of a full calendar quarter Effective date of local streets sales tax First receipt of funds PRIOR ACTION/REVIEW A white paper, titled "Street Maintenance and Pavement Management S. vstems" was provided to Council Members on August 2, 2002. The white paper made the following major points: 1. The City of Denton currently owns 361 centerline miles of streets that are the sole responsibility for maintenance and repair, which is about 1,315 lane miles. The asset value of streets owned by the City of Denton is about $272 million. 2. Given the existing condition of City of Denton local streets, a 10-year program of maintenance and repair, with an estimated funding level of $5.3 million per year, is needed to proactively manage deteriorating pavement. If funding levels remain at the current level of $2.6 million per year, the level of investment needed to address deferred local street maintenance and repair will be $11 to $12 million per year. 3. Based on a 2000-01 survey of 15 Texas cities, Denton ranks first in the amount of lane miles owned, but is ranked very low in the annual investment per lane mile. 4. Significant influences on pavement condition include soil conditions, construction standards and specifications, monitoring and inspections, and utility cuts. An "Asset- Based Management System" should be employed that addresses each of these influences. 5. Several cities have elected to use an automated pavement management system to make better streets maintenance and repair decisions. In particular, recent technology improvements now allow the assessment of street condition well beyond visual inventory. Staff recommends that a "Pavement Management System" employing the use of Ground Penetrating Radar and Falling Weight Deflectometer technologies be considered to obtain more accurate pavement condition data. Four options were provided to Council on August 13, 2002, based on maintaining the existing General Fund level of $2.6 million per year for street maintenance and repair, assuming the need for an additional $2.7 million per year to implement a 1 O-year Local Streets Improvements Program: 1. Maintain existing General Fund levels. 2. Initiate enactment of a ¼% sales tax. As a point of clarification, this sales tax option does not allow less than full enactment, such as 1/8 % or 1/16 %. 3. increase property taxes by 8 cents per $100 assessed value. 4. Use the Capital improvements Program to fund eligible projects, thereby reducing dependence on sales or property tax. On June 18, 2002, the information provided below was submitted to City Council for work session discussion: Regionally Significant Roadways typically include major freeways, arterials, and farm-to-market roads, many of which are federally or state-designated routes [I-35, Loop 288, US 77 (Elm-Locust), US 377 (Fort Worth Drive), US 380 (University), FM 2181 (Teasley), FM 426 (McKinney), FM 2499 (State School Road), FM 1830 (Country Club), FM 2449 (Ponder Road), FM 2164 (North Locust), FM 429 (Sherman)]. Since these roads carry both local and regional traffic, funding for improvements normally involves partnership funding from federal, state, regional, county, and/or city funding. In addition, federal and state procedures must be followed as a condition of funding. Funding has been secured for several regionally significant roadways, including Loop 288 ($15 million), US 77 ($13 million), US 380 ($ million), FM 2181 ($17 million), FM 426 ($6 million), and US 377 ($2 million). Construction has begun or will soon commence on US 77 (2002), US 380 (2002), Loop 288 (2003), and FM 2181 (2003). Many of these projects have involved city participation with other governmental agencies. City funding estimated at $15 million has helped to leverage more than $125 million in total construction funding for regional roadways. Local Streets include most of the City of Denton streets that are designated as collectors or residential streets and are owned by the city. Historically, maintenance and minor repairs have been funded through the General Fund, with some major resurfacing and reconstruction projects funded by the Capital improvements Program (General Obligation bonds, also through the General Fund). A majority of local streets are built by private developers according to city standards and specifications, and dedicated to the city upon successful completion. As a result, the inventory of local streets continues to grow in proportion to new development. Several local streets carry more than "local" traffic. Local arterials and collectors such as Windsor, Bonnie Brae, Ryan, Hobson, Robinson, Hickory Creek Road, Mayhill, Spencer, Woodrow, Colorado, Mingo, Kings Row, San Jacinto, Malone, Oak, Hickory, and others carry both resident and nonresident traffic. With rare exceptions, the City of Denton is solely responsible for funding the maintenance and repair of these streets. In contrast to regional roadways, funding for local streets has lagged far behind the demand for maintenance and repair. The General Fund operations and maintenance budget for local streets has increased from $1.6 million in fiscal year 1993-94 to $2.6 million in 2001-02, yet the backlog of local street repair projects continues to grow. The recent addition of a crack-sealing crew and a street construction crew in the last two years has been helpful, but growth in development and traffic exceeds resources needed to address the problem. Since 1993, the inventory of streets for which the city is responsible has grown from 711 to 1,315 lane miles, which represents an 85% increase in maintenance responsibilities accepted by the city over a period of nine years. Maintenance projects that involve less expensive crack-sealing now require more expensive street resurfacing or reconstruction when deferred to a later date. An estimate of funding needs indicates that $40 - 50 million will be needed to address local street repair requiremems over the next 10 years, or an average of up to $5 million annually, based on current data. In May 2001, the 77th State Legislature authorized the imposition of a 1/4-cent (lA of 1 percent) municipal sales tax dedicated to local street maimenance (see Attachmems #2 & #3 - House Bill 445). By definition, the sales tax, if approved by a municipality, may not be used to maimain federal, state, or county roads. A municipality must hold an election to adopt the sales tax on a uniform election date. If approved by city voters, the sales tax becomes effective at the beginning of the second calendar quarter following the election. The sales tax must be reauthorized within four years of its effective date or it expires. Based upon projected 2001-02 City of DeNon sales tax revenue of approximately $16.6 million, the additional 1A% sales tax would generate an estimated $2.7 million for local street maimenance and repair, based on 2001 City of DeNon sales tax data. A listing of other Texas cities that have enacted a local streets sales tax is provided in Attachment #4. FISCAL INFORMATION For each calendar quarter, approximately $675,000 in sales tax revenue would become available for local street repair and maimenance (based on 2001 sales tax data) if the 1/4-cern sales tax is enacted. If property taxes were used to finance $2.7 million in street repairs annually, an approximate 8-cern tax increase per $100 assessed value would be needed ($0.54815 to $0.62833), based on fiscal year 2001- 02 budget and appraisal district data. The first imposition of a sales tax in the City of DeNon was effective on April 1, 1968, when a 1% (one cern per dollar) rate was adopted. Effective October 1, 1994, an additional 1A% rate was adopted for property tax relief. The state sales tax rate is 61A%; Texas cities may adopt a maximum of an additional 2% local rate. The City of DeNon enacted a 11A% rate as of October 1994, with the capacity to approve an additional 1A% rate. The cost of the sales tax election is estimated to be $10,000. ATTACHMENTS 1. Draft Ordinance 2. House Bill 445 - Enrolled Version 3. House Bill 445 - Fiscal Notes & Bill Analysis 4. List of Texas Cities that have imposed a 1A% local street sales tax Respectfully submitted: Dave Hill Assistam City Manager - Developmem Services S:\Our D ocmm ent s\Or din an ces\02~Flec Ordering Loc Sales & Use Tax.doc ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD iN THE CITY OF DENTON, TEXAS, ON NOVEMBER 5, 2002, FOR THE PURPOSE OF DETERMiNiNG WHETHER A LOCAL SALES AND USE TAX WILL BE ADOPTED iN DENTON, TEXAS, AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS UNDER THE TEXAS TAX CODE; SUBMiTTiNG A PROPOSiTiON TO THE QUALiFiED VOTERS ON THiS QUESTION; DESiGNATiNG A VOTING PLACE AND APPOiNTiNG ELECTION OFFICIALS; PROViDiNG FOR BiLiNGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; PROViDiNG AN OPEN MEETINGS CLAUSE; AND PROViDiNG AN EFFECTIVE DATE. WHEREAS, the 77th Texas State Legislature adopted House Bill 455 (Chapter 327 of the Tax Code), which allows a municipality to adopt a sales and use tax dedicated to street maintenance at the rate of one-fourth of one percent if the tax is authorized by a majority of the voters voting at a municipal election called for this purpose; and WHEREAS, a number of Texas municipalities have already enacted the sales and use tax dedicated to street maintenance; and WHEREAS, the City Manager and his staffhave determined that an additional $2.7 million per year is needed to implement a 10-year Local Streets Improvement Program; and WHEREAS, the City Council of the City of Denton, Texas hereby finds and determines that an election should be held to determine whether the Council shall be authorized to levy and collet a sales and use tax within the City under the provisions of Chapter 327, as amended, of the Texas Tax Code for the maintenance and repair of municipal streets; and WHEREAS, in accordance with the requirements of the Tax Code the combined rate of all local sales and use taxes imposed by the City will not exceed two (2) percent; and WHEREAS, the City Council has determined that the most equitable way to fund maintenance of streets is through this sales and use tax and has determined that it is in the lablic interest to call an election for this purpos~ NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a municipal election is ordered to be held in the City of Denton, Texas, on Tuesday, November 5, 2002, such date berg a uniform election date as defined in Tex. Elec. Code §41.001, as amended (the "Code") for the purpose of submitting the following proposition to the qualified voters of the City: S:\Our D ocmm ent s\Or din an ces\02~Flec Ordering Loc Sales & Use Tax.doc PROPOSITION "SHALL THE CITY COUNCIL OF THE CITY OF DENTON TEXAS BE AUTHORIZED TO ADOPT A SALES AND USE TAX FOR THE PURPOSES PERMITTED BY CHAPTER 327 OF THE TEXAS TAX CODE, AS AMENDED AT THE RATE OF ONE-QUARTER (1/4) OF ONE PERCENT (1%) TO PAY THE COSTS TO REPAIR MUNICIPAL STREETS 1N EXISTENCE ON THE DATE OF ELECTION" SECffJD2~2. That the polling place, City election precincts established for this election, which shall be open from 7:00 a.m. to 7:00 p.m., shall be as follows: All qualified voters of the City of Denton shall vote at: CITY HALL located at 215 EAST MCKINNEY DENTON, TEXAS SECTION 3. That the election officials for the Election shall be as follows: For the Central Counting Station: , Presiding Judge; Don Alexander, Manager; and Randie Guietzman, Tabulation Supervisor. 2. For City Hall: , Presiding Judge; Alternate Judge. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. An Early Ballot Board is hereby established for the purpose of processing early voting results, shall be Presiding Judge for the Early Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified electors of the City to serve as members of the Early Voting Ballot Box& The Presiding Judge of the Central Counting Station and of City Hall are authorized to appoint a sufficient number of clerks as necessary to assist them in the Election, including bilingual assistants as required by law. The rate of pay for electicn judges and clerks shall be the maximum amount provided for by State law. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. SECTION 4. That early voting shall be conducted for the Election by the Office of the City Secretary, as prescribed by applicable law, in the City Hall at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open as follows: October 21 - 25, 8:00 a.m. - 5:00 p.m.; October 28 - November 1, 7:00 a.m. - 7:00 p.m. In addition, early voting shall be held on Saturday, October 26, between the hours of 7:00 a.m.- Page 2 S:\Our D ocmm ent s\Or din an ces\02~Flec Ordering Loc Sales & Use Tax.doc 7:00 p.m. and Sunday, October 27, 2002 between the hours of 1:00 p.m.- 6:00 p.m. at the same location as weekday early voting. Early voting shall be conducted in accordance with the Code and a~plicable law and shall commence on the 17th day before the election and continue through the 4~ day preceding the date of the election all as provided by the provisions of the Texas Election Code. Applications for early voting ballots may be directed to the City Secretary at 215 East McKinney Street, Denton, Texas 76201. SECTION 5, That the Mayor is hereby directed to provide notice of the Elecion in accordance with Sections 4.002 and 4.003 of the Texas Election Code, the notice to be printed in the Spanish language and the English language. SECTION 6. That an electronic voting system, using optically scanned ballots, meeting the requirements of Chapter 124 of the Code, shall be used for said Election. Preparation of the necessary equipment and official ballots for the Election shall conform to the requirements of the Texas Election Code. SECTION 7. That the City Secretary is authorized to prepare the official ballot for the Election and perform every act required by the City Charter and laws of the State of Texas for holding elections. That the ballots used at the Election shall be prepared in accordance with the Code so as to permit electors to vote "For" or "Against" the aforesaid proposition which shall appear on the ballot substantially as follows: (a) PROPOSITION: "THE ADOPTION OF A LOCAL SALES TAX iN DENTON, TEXAS, AT THE RATE OF ON,FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS." (b) Immediately below such proposition shall be printed the two following propositions, one above the other, in the order indicated: "FOR" "AGAINST" SECTlON 8. The election officers named above shall m~ke returns for the Election in the manner required by law. The ballots that are properly marked in conformance with the provisions of the Texas Election Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. SECTION 9. That the manner of holding such Election and all questions pertaining thereto shall be governed by the election laws of the State of Texas. SECTION 1 0. Substantial copies of this ordinance in both English and Spanish shall serve as proper notice of the Election and said notice shall be: (a) published at least once in a newspaper of general circulation published within the City, not less than the thirtieth day or later than the tenth day before the election; (b) posted, not later than the twent~first day before the election day, at a public place in each election district that is in the jurisdiction of the city; (c) posted, not later than the twenty-first day before election day, on the bulletin board usd for posting notices of meetings of the City Council of the City; and (d) posted, as may otherwise be required by Tex. Elec. Code Page 3 S:\Our D ocmm ent s\Or din an ces\02kFlec Ordering Loc Sales & Use Tax.doc §4.003 and other applicable law. SECTION 1 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECffiONAZ All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 13. If any provision of this Ordinance or the applicationthereofto any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 14, That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, chapter 551 of the Government Code, Tex. Rev. Civ. Stat. Ann. 2001. SECTION 15. That this ordinance shall become effective immediately upon its passage and approval. PRESENTED AND PASSED on the __ day of meeting of the City Council of the City of Denton, Texas, by a vote of__ at the regular meeting of the City Council of the City of Denton, Texas. ,2002, at a regular ayes and __ nos PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 4 S:\Our D ocmm ent s\Or din an ces\02kFlec Ordering Loc Sales & Use Tax.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 5 ee ee cee · eeo cee · cee · · · eeee · ee · ee · cee ee ee · · ee ee · eeeee · ee eeo ee · ee · ee · · ee · · eeo · ee · · ee · ee · eeo ee eeo · eeo · ee ee · · · · · ee eeeeeeeeeeee eeeeeeeeeeeeeee e e e e e · ·eee eee eee eee e e eeeeeeeee eeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ? From "Window on State Government" Texas Comptroller of Public Accounts Website The following cities have imposed an additional City Sales and Use Tax for Municipal Street Maintenance and Repair, effective Jul 1, 2002: City/County Name ? Bartonville (Denton Co) Evant Coryell Co Evant Hamilton Co Hickory Creek (Denton Co) Pantego (Tarrant Co) Taft (San Patricio Co) Local Code Local Rate Total Rate ]1 2061211 II .0~7500 I[ .080000 ]1 2097031 II .0~2500 I[ .080000 ]1 4050009 II .005000 I[ ]1 2097031 II ,0~2500 I[ ,080000 ]1 4097004 II .005000 I[ ]1 2061186 II ,0~2500 I[ ,075000 ]1 2220148 II .0~7500 I[ .080000 ]1 2205030 II .0~7500 I[ .080000 ? The City of Bartonville has imposed an additional city sales and use tax for Industrial and Economic Development and Municipal Street Maintenance and Repair. The following cities have imposed an additional City Sales and Use Tax for Municipal Street Maintenance and Repair, effective April 1, 2002: City/County Name Bee Cave (Travis Co) Bertram (Burnet Co) Grand Prairie (Dallas Co) Grand Prairie (Ellis Co) Grand Prairie (Tarrant Co) Haltom City (Tarrant Co) Haltom City Crime Control District Lakeway (Travis Co) Sansom Park (Tarrant Co) Local Code Local Rate Total Rate 2227150 .017500 .080000 2027045 .017500 .080000 2220013 .020000 .082500 2220013 .020000 .082500 2220013 .020000 .082500 2220255 .017500 .082500 5220530 .002500 2227061 .012500 .075000 2220068 .015000 .082500 Sansom Park Crime Control District 5220674 South Houston (Harris Co) South Houston Crime Control and Prevention District Van Horn (Culberson Co) Windcrest (Bexar Co) .005000 2101188 .012500 .077500 5101552 .002500 2055013 .017500 .080000 2015094 .017500 .080000 The following city has imposed an additional City Sales and Use Tax for Municipal Street Maintenance and Repair, January 1, 2002: City/County Name Sunset Valley (Travis Co) Local Code Local Rate Total Rate 2227070 .017500 .08000 10 Agenda 02-027 08/20/02 #28 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 20, 2002 Management and Budget Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services SUBJECT Receive a report, hold a discussion and give staff direction regarding the 2002-2003 proposed budget. BACKGROUND The 2002-2003 proposed budget was delivered to City Council on July 31, 2002. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The proposed budget was discussed at a budget workshop held on August 8, 2002. FISCAL INFORMATION The 2002-2003 proposed budget totals $329,632,950 in estimated resources and $328,226,345 in estimated expenditures. Respectfully submitted: Kathy DuBose ACM, Fiscal and Municipal Services S:\Our DocmmenrshMiscellaneous\02hAgenda Infbrmaric~ Sheer Amending Gas Franchise 082002.doc Agenda 02-027 08/20/02 #29 AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2002 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider and adopt an ordinance on second reading amending the existing Gas Franchise between the City and TXU Gas Compmy, to provide for a different consideration and to authorize the lease of facilities within the City's rights, of-way; providing for acceptance by TXU Gas Company; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. BACKGROUND: In June 2000, the City of Demon filed suit against Texas Utility Company, et al. ("TXU") in Denton County in an attempt to collect delinquent franchise fees under its Electric and Gas Franchises with TXU. The City selected Strasburger & Price among five proposals from outside law firms to represem it in this litigation. Thirtysix other cities joined the litigation, which has been the subject of mediation and various settlement neg0iations since last summer. As the other cities joined the litigation, the case was removed from DeNon County and re-filed in Dallas County. Dallas County is where TXU's principal business offices are located. As a result of mediation in January 2002,the cities agreed on a settlement. Under the settlement, the City of Denton would receive $100,677 historic gas franchise fee revenue, $3,405 in electric franchise fee revenue, and $328,028 for reimbursement of its share of litigation costs. After paying its share of outstanding litigation costs, DeNon should net about $200,000 in reimbursed litigation costs. All other cities in the lawsuit will receive their proportional shares of the settlement. On June 18 of this year, by passing Ordinance 2002-202, you approved this settlemem with TXU. As a part of that settlement, TXU has agreed to amend its Gas Franchise with the City to add additional revenue sources to the franchise fee base. These new gas revenue sources include the franchise fee on franchise fee revenue, contributions in aid of construction, miscellaneous revenues, and transportation and industrial revenues. This would significantly increase the amount of future franchise fee revenue under the existing franchise. The franchise amendments also include a "most favored nations clause" which will give the cities involved in the litigation additional revenues if any city in the TXU Gas Distribution system receives a franchise which grants more favorable franchise fee payments than Denton's GasFranchise. Under the Charter, it will take three separate readings of the ordinance to amend the Gas Franchise. We had originally wanted to bring you the first reading on your July 1 ~ meeting. But in order to allow several of the cities to work outsome concerns about language in the Gas Franchise, we delayed this matter until your August ~ meeting. We have scheduled the second reading for your August 2(~h regular meeting and the third and final reading for your September 3rd meeting. The Amendments will be retroactive back to January 1, 2002 so that the benefits of the additional revenue sources will be applicable to franchise fee paymems during the currem year. S:\Our DocmmenrskMiscellaneous\02kAgenda Infbrmarica~ Sheer Amending Gas Franchise 082002.doc RECOMMENDATION/OPTIONS: 1. Pass the Amendment to the Gas Franchise on the first mding. 2. Do not pass the ordinance approving the Amendment to the Gas Franchise on the first reading. We recommend the City Council pass the ordinance on the first reading. The majority of the Steering Committee of the 37 cities involved in the settlemert recommends that all cities involved in the litigation approve both the Gas and Electric Franchise Ordinance Amendments. The passage of the Gas Franchise Ordinance will result in a significant enhancement of future gas franchise fees. Additional informaion on the Gas Franchise Amendment is included in the City Attorney's status report. FISCAL INFORMATION: Diversified Utility Consultants, Inc. has estimated that the additional revenue added by the recent renewals of the TXU Gas and Electric Franchises, together with the Amendment to the Gas Franchise will result in something in excess of $2,500,000 in additional franchise fee revenues over the 10 year life of the franchises assuming slow to moderate growth. TXU Gas will be able to recover the increase in franchise fee revenue by a surcharge to TXU gas customers. Respectfully submitted: Herbert L. Prouty ~.--~ City Attorney 2 S:\Our Docmments\Or dinances\02\Gas Franchise Amendment. doc ORDINANCE NO. AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WiTHiN THE CITY'S RIGHTS-OF-WAY; PROViDiNG FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROViDiNG AN EFFECTIVE DATE. WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU Gas Distribution division, engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the pul:lic streets, alleys, grounds and rights- of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas; and WHEREAS, the City and TXU Gas desire to mnend said franchise ordinance to provide for a different consideration and to authorize the lease of facilities within the City's rightsof- way; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The existing gas franchise ordinance between the City and TXU Gas Company is amended as follows: Effective January 1, 2002, the consideration payable by TXU Gas for the rights and privileges granted to TXU Gas by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TXU Gas is hereby changed to be four percent (4%) of the Gross Revenues, as defined in Section 1 .B. below, received by TXU Gas. "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by the Company from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: all revenues received by the Company from the sale of gas to all classes of customers within the City; (2) all revenues received by the Company from the transportation of gas through the pipeline system of Company within the City to customers located within the City; (3) the value of gas transported by Company for Transport Customers through the System of Company within the City ("Third Party Sales"), with the Page 1 S:\Our Docmments\Ordinances\02\Gas Franchise Amendment. doc value of such gas to be reported by each Transport Customer to the Company, provided, however, that should a Transport Customer refuse to furnish Company its gas purchase price, Company shall estimae same by utilizing TXU Gas Distfibution's monthly industrial Weighted Average Cost of Gas, as reasonably near the time as the transportation service is performed; and (4) "Gross revenues" shall include: (a) other revenues derived from the following 'miscellaneous charges': charges to connect, disconnect, or reconnect gas within the City; ii. charges to handle returned checks from consumers within the City; iii. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and iv. contributions in aid of construction" ("CIAC"); (b) revenues billed but not ultimately collected or received by the Company; and, (c) gross receipts fees. (5) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of the Company; (b) sales taxes; and (c) any interest income earned by the Company; and (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's fight of way. C. Calculation and Payment of Franchise Fees Based on CIAC The franchise fee amounts based on "Contributions in aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. Page 2 S:\Our Docmments\Or dinances\02\Gas Franchise Amendment. doc (2) The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU Gas (1) If TXU Gas should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by TXU Gas to City pursuant to this Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Subsection D apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. E. TXU Gas Franchise Fee Recovery Tariff TXU Gas may file with the City a tariff amendment(s) to provide for the recovery of the franchise fees under this amendment. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of TXU Gas' franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by TXU Gas. Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to lease, license or otherwise grant to a party other than TXU Gas the use of its facilities within the City's public rights-of-way provided: (i) TXU Gas first Page 3 S:\Our Docmments\Or dinances\02\Gas Franchise Amendment. doc notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the facilities; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) TXU Gas makes the franchise fee payment due on the revenues from such lease pursuant to Sections I.A. and I.B. of this Ordinance. This authority to Lease Facilities Within City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees. SECTION 2. In all respects, except as specifically and expressly almnded by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas shall remain in full force and effect according to its terms until said franchise ordinance terminatesas provided therein. SECTION 3. This ordinance shall take effect upon its final passage and TXU Gas' acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office cf the City Secretary in substantially the following form: To the Honorable Mayor and City Council: TXU Gas Distribution, a division of TXU Gas Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 20 , Ordinance No. amending the current gas franchise between the City and TXU Gas and the same shall constitute and be a binding contractual obligation of TXU Gas and the City. TXU Gas Distribution A division of TXU Gas Company By Vice President SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law md that public notice of the time, place and purpose of said meeting was given as required. MARK BURROUGHS, MAYOR PRO TEM ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 4 S:\Our Docmments\Ordinances\02\Gas Franchise Amendment. doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on he __ day of ,2002; and passed on second reading on the __ reading on the __ day of ,2002. day of , 2002; and passed on third ,2002; and being finally effective as of the __ day of /s/ Abstained /s/ Euline Brock, Mayor Mark Burroughs, Mayor Pro Tem /s/ /s/ Bob Montgomery, Council Member Perry McNeill, Council Member /s/ /s/ Jane Fulton, Council Member /s/ Raymond Redmon, Council Member Michael Phillips, Council Member The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the __ day of ,2002, at a regular session of the City Council. Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tem, voting __ Bob Montgomery, Council Member, voting __ Perry McNeill, Council Member, voting __ Jane Fulton, Council Member, voting __ Michael Phillips, Council Member, voting __ Raymond Redmon, Council Member, voting __ The above and foregoing ordinance read, adopted on second reading and passed to tlkd reading by the following votes, this the __ day of ,2002, at a regular session of the City Council. Page 5 S:\Our Docmments\Ordinances\02\Gas Franchise Amendment. doc Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tem, voting __ Bob Montgomery, Council Member, voting __ Perry McNeill, Council Member, voting __ Jane Fulton, Council Member, voting __ Michael Phillips, Council Member, voting __ Raymond Redmon, Council Member, voting __ The above and foregoing ordinance read, adopted on third reading md passed by the following votes, this the __ day of ,2002, at a regular session of the City Council. Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tem, voting __ Bob Montgomery, Council Member, voting __ Perry McNeill, Council Member, voting __ Jane Fulton, Council Member, voting __ Michael Phillips, Council Member, voting __ Raymond Redmon, Council Member, voting __ STATE OF TEXAS § COUNTY OF DENTON § I, Jennifer Walters, City Secretary of the City of Demon, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between the City of Demon and TXU Gas Company doing business as TXU Gas. The same is now recorded as Ordinance Number Texas. WITNESS MY HAND this the (SEAL) in the Ordinance Records of the City of Denton, day of ,2002. Jennifer Walters, City Secretary Page 6 S:\Our Docmments\Ordinances\02\Gas Franchise Amendment. doc ACCEPTANCE WHEREAS, the City Council of the City of Demon, Texas, did on the __ ,2002, enact an Ordinance entitled: day of AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WiTHiN THE CITY'S RIGHTS-OF-WAY; PROViDiNG FOR ACCEPTANCE BY TXU GAS COMPANY; FiNDiNG AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROViDiNG AN EFFECTIVE DATE. WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU Gas Distribution division, engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights of-ways within the City for that purpose under the teams of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas; and WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide for a differem consideration and to authorize the lease of facilities within the City's rights-of- way; To the Honorable Mayor and City Council: TXU Gas Distribution, a division of TXU Gas Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 20 , Ordinance No. amending the current gas franchise betWeen the City and TXU Gas and the same shall constitute and be a binding contractual obligation of TXU Gas and the City. TXU Gas Distribution A division of TXU Gas Company DATED this the By __ day of Vice Presidem ,2002. TXU GAS COMPANY doing business as TXU GAS Page 7 S:\Our D ocmm ent s\Or din an ces\02\Gas Franchise Amendment. doc By: Page 8 S:\Our D ocmm enrshMis cellan eous\02hAg en da In fbrmaric~ Sheer Amending Electric Franchise082002.doc Agenda 02-027 08/20/02 #30 AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2002 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider and adopt an ordinance on second reading amending the existing Electric Franchise between the City and Oncor Electric Delivery Company, to provide for a different consideration; providing for acceptance by Oncor Electric Delivery Company; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. BACKGROUND: In June 2000, the City of Demon filed suit against Texas Utility Company, et al. ("TXU") and DeNon County in an attempt to collect delinquent franchise fees under its Gas and Electric Franchises with TXU. The City sdected Strasburger & Price among five proposals from outside law firms to represem it in this litigation. Thirtysix other cities joined the litigation, which has been the subject of mediation and various settlement negotiations since last summer. The negotiated settlemem adds a number of miscellaneous revenue sources and also includes a "most favored nations clause" which will give Denton and all the other cities involved in the litigation additional revenues if any city in the Oncor Electric DeliveryCompany (TXU Electric Distribution) System (Oncor) grants more favorable franchise fee payments than Denton's Electric Franchise. On June 18 of this year, by passing Ordinance 2002-202, you approved this settlemem with TXU. As a part of that settlement, TXU has agreed to amend its Electric Franchise with the City to add additional revenue sources to the franchise fee base. These new electric revenue sources include a number of discretionary service charges. This would increase the amount of future franchise fee revenue under the existing franchises. Under the Charter, it will take three separate readings of the ordinance to amend the Electric Franchise. We had originally wanted to bring you the first reading on your July 1 ~ meeting. But in order to allow several of the cities to work out some concerns about language in the Gas Franchise, we delayed this matter until your August ~ meeting. We have scheduled the second reading for your August 2(~h regular meeting and the third and final readingfor your September 3rd meeting. The Amendments will be retroactive back to January 1, 2002 so that the benefits of the additional revenue sources will be applicable to franchise fee paymems during the currem year. S:\Our D ocmm enrskMis cellan eous\02kAg en da In fbrmarica~ Sheer Amending Electric Franchise082002.doc RECOMMENDATION/OPTIONS: 1. Pass the Amendment to the Electric Franchise on the first reading 2. Do not pass the ordinance approving the Amendment to the Electric Franchise on the first reading. We recommend the City Council pass the ordinance on the first reading. The majority of the Steering Committee of the 37 cities involved in the settlement recommends that all cities involved in the litigation approve both the Gas and Electric Franchise Ordinance Amendments. Passage would enhance future franchise fee revenue. Additional information concening the passage of the Electric Franchise Amendment is included in the City Attorney's status report. FISCAL INFORMATION: The additional revenue added by the recent renewal of Oncor's Electric Franchise together with the amendment to the Electric Franchise agreed by Oncor, will result in something in excess of $100,000 in additional franchise fee revenues over the ten year life of the Franchise assuming low to moderate growth according to the estimates of Diversified Utility Consultant's, Inc. Oncor will be able to recover the increase in franchise fee revenue by a surcharge to Oncor's electric customers. Respectfully submitted: Herbert L. Prouty "- City Attorney 2 S:\Our D ocmm ent s\Or din an ces\02~Flecrric Franchise Amendment. doc ORDINANCE NO. AN ORDINANCE AMENDING THE EXiSTiNG ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROViDiNG FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric Company (hereinafter called "Oncor") is engaged in the business of providing electric utility service within the City and is using the public streets, alleys, grounds and rightsof-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by Oncor; and WHEREAS, the City and Oncor desire to amend said franchise ordinance to provide for a different consideration; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The existing electric franchise ordinance between the City and Oncor Electric Delivery Company is amended as follows: Effective January 1, 2002, the franchise fee due from Oncor shall be a sum comprised of the following: a charge, as authorized by Section 33.008(b) of PURA, based on each kilowatt hour of electricity delivered by Oncor to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries and as specified by Oncor to the City by letter datd January 21, 2002. (a) The franchise fee due pursuant to Section 33.008(b) of PURA shall be payable in accordance with the existing electric franchise; and (2) a sum equal to four percent (4%) of gross revenues received by Oncor from services identified in its "Tariff for Retail Delivery Service", Section 6.1.2, "Discretionary Service Charges," items DD 1 through DD24, that are for the account or benefit of an end-use retail electric consumer. (a) The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (b) The franchise fee amounts that are due based on "Discretionary Service Charges" shall be paid at least once annufily on or before April 30 each year based on the total "Discretionary Service Charges" received during the preceding calendar year. Page 1 S:\Our Doctrments\Or dinances\02~Flecrric Franchise Amendment. doc B. Oncor Franchise Fee Recovery Tariff Oncor may file a tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. (2) City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such frandfise fees by Oncor. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Oncor. SECTION 2. In all respects, except as specifically and expressly amen&d by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by Oncor shall remain in full force and effect according to its terms until said franchise ordinance terminates as [rovided therein. SECTION 3. This ordinance shall take effect upon its final passage and Oncor's acceptance. Oncor shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the Ciy Secretary in substantially the following form: To the Honorable Mayor and City Council: Oncor Electric Delivery Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 20 , Ordinance No. amending the current electric franchis,~tween the City and Oncor and the same shall constitute and be a binding contractual obligation of Oncor and the City. Oncor Electric Delivery Company By Vice President Page 2 S:\Our D ocmm ent s\Or din an ces\02~Flecrric Franchise Amendment. doc SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. MARK BURROUGHS, MAYOR PRO TEM ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the __ day of ,2002; and passed on second reading on the __ day of , 2002; and passed on third reading on the __ day of ,2002; and being finally effective as of the __ day of ,2002. /s/ Abstained /s/ Euline Brock, Mayor Mark Burroughs, Mayor Pro Tem /s/ /s/ Bob Montgomery, Council Member Perry McNeill, Council Member /s/ /s/ Jane Fulton, Council Member Michael Phillips, Council Member /s/ Raymond Redmon, Council Member Page 3 S:\Our D ocmm ent s\Or din an ces\02~Flecrric Franchise Amendment. doc The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the __ day of ,2002, at a regular session of the City Council. Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tem, voting __ Bob Montgomery, Council Member, voting __ Perry McNeill, Council Member, voting __ Jane Fulton, Council Member, voting __ Michael Phillips, Council Member, voting __ Raymond Redmon, Council Member, voting __ The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes, this lhe __ day of ,2002, at a regular session of the City Council. Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tem, voting __ Bob Montgomery, Council Member, voting __ Perry McNeill, Council Member, voting __ Jane Fulton, Council Member, voting __ Michael Phillips, Council Member, voting __ Raymond Redmon, Council Member, voting __ The above and foregoing ordinance read, adopted on third reading and passed by the following votes, this the __ day of ,2002, at a regular session of the City Council. Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tem, voting __ Bob Montgomery, Council Member, voting __ Page 4 S:\Our D ocmm ent s\Or din an ces\02~Flecrric Franchise Amendment. doc Perry McNeill, Council Member, voting __ Jane Fulton, Council Member, voting __ Michael Phillips, Council Member, voting __ Raymond Redmon, Council Member, voting __ STATE OF TEXAS § COUNTY OF DENTON § I, Jennifer Walters, City Secretary of the City of Demon, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between the City of Demon and TXU Gas Company doing business as TXU Gas. The same is now recorded as Ordinance Number in the Ordinance Records of the City of Demon, Texas. WITNESS MY HAND this the day of ,2002. (SEAL) Jennifer Walters, City Secretary Page 5 S:\Our D ocmm ent s\Or din an ces\02~Flectric Franchise Amendment. doc ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the __ ,20__, enact an Ordinance entitled: day of AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION;; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric Company (hereinafter called "Oncor") is engaged in the business of providing electric utility service within the City and is using the public streets, alleys, grounds md rights-of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by Oncor; and WHEREAS, the City and Oncor desire to amend said franchise ordinance to l~ovide for a different consideration To the Honorable Mayor and City Council: Oncor Electric Delivery Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 20 , Ordinance No. amending the current electric franchise between the City and Oncor and the same shall constitute and be a binding contractual obligation of Oncor and the City. Oncor Electric Delivery Company By Vice President DATED this the __ day of ,2002. ONCOR ELECTRIC DELIVERY COMPANY By: Vice President Page 6