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HomeMy WebLinkAboutNovember 18, 2003 Agenda AGENDA CITY OF DENTON CITY COUNCIL November 18, 2003 After determining that a quorum is presem, the City Council of the City of DeNon, Texas will convene in a Work Session on Tuesday, November 18, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion and provide direction to the Solid Waste Department on the Solid Waste Collection and Transportation Services Permit Rate (SWP). Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of November 18, 2003. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Governmem Code, as amended, as set forth below. 1. Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071, and Deliberations regarding economic developmem negotiations - Under TEXAS GOVERNMENT CODE Section 551.087. Deliberate the value of real property imerests for a partial right-of way abandonment on Cedar Street, in the W.M. Neil Survey, Abstract Number 971 and being a tract of land approximately 1,234 square feet in size, located at the southeast corner of Cedar Street at the intersection of Cedar Street and Walnut Street DeNon, Texas (the "Property"); which abandonmem is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the abandonment of such real property imerests. Deliberate commercial or financial information received from a business prospect and offers of financial or other incentives to the business prospect for the purposes of economic developmem of facilities of the business prospect on or near the Property. B. Consultation with Attorney - Under Tex. Gov't Code §551.071. Discuss and consider legal issues concerning Charter Communications dba Marcus Cable Associates, L.L.C. ("Charter") as follows: · Charter Franchise Fee Audit, and · Non-paymem of Cable Modem Franchise Fees, City of Demon City Council Agenda November 18, 2003 Page 2 where to discuss these legal issues concerning the above state matters with attorneys 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 and would jeopardize the City's position in administrative proceedings or in potential litigation. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED iN A CLOSED MEETING WILL ONLY BE TAKEN iN AN OPEN MEETING THAT IS HELD iN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN iN THE CLOSED MEETING iN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN iNTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE iN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, iN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, iNCLUDiNG, WITHOUT LIMITATION §§551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Demon City Council on Tuesday, November 18, 2003 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. November Yard of the Month Awards C. Recognition of staff accomplishmems 3. CITIZENS REPORTS A. Receive citizen reports from the following: Bob Clifton regarding malfeasance, misfeasance and nonfeasance. Dessie Goodson regarding city ordinances. 4. 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 Consem 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. City of DeNon City Council Agenda November 18, 2003 Page 3 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consem Agenda (Agenda Items A-I). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. If no items are pulled, Consent Agenda Items A-I below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. Consider adoption of an ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington consulting, LLC., for consulting services relating to Task Order No. 03-I, regarding regulatory services at the Electric Reliability Council of Texas and at the Public Utility Commission of Texas, relating to the City's position on issues and the interests of Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. Consider adoption of an ordinance of the City of DeNon, Texas authorizing the expenditure of funds for Wide Area Network Charges for DeNon Municipal Electric; providing for the expenditure of funds and providing an effective date (File 3108 to Electric Reliability Council of Texas (ERCOT) in the total estimated amoum $54,000). Consider adoption of an ordinance authorizing the execution of Change Order Number One to a contract of lease purchase financing of PC's, monitors, and peripheral equipment between the City of DeNon and Dell Govemmem Leasing and Finance; providing for an increase in the quamity of items, increase in the annual lease paymem amoum; and providing for the expenditure of funds therefore; and providing an effective date (File 3110 to Dell Governmem Leasing and Finance awarded in the amoum of $1,056,923.70 and change order one in the amoum of $331,241.64 for a total of $1,388,165.34). Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of bunker gear for the City of Denton Fire Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3087-Bunker Gear/Turnout Gear awarded to NAFECO Fire Equipmem Company in the estimated amoum of $50,000). Consider Interlocal providing adoption of an ordinance authorizing the Mayor to enter into an Cooperation Agreement with Denton County for Library Services; and an effective date. Consider Directors date. approval of a resolution casting votes for membership to the Board of of the DeNon Cemral Appraisal District; and declaring an effective City of DeNon City Council Agenda November 18, 2003 Page 4 Go Consider adoption of an ordinance amending Ordinance No. 2001-204 and Section 2-29 of the City Code relating to the Rules of Procedure to clarify Section 6.3(2-29(c)) "Presemations by Members of the Council"; correcting a reference in Ordinance 2003-235; providing a savings clause; and providing an effective date. Ho Consider adoption of an ordinance of the City of DeNon, Texas, authorizing the competitive bid process for an oil and gas non-drill site/pooling agreemem for the Southern portion of the Airport Open Space; and providing an effective date. Consider approval of a resolution by the City Council of the City of DeNon relating to the issuance of bonds by North Texas Higher Education Authority, inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 186.5 acres. The applicant is requesting to rezone from Neighborhood Residemial 4 (NR-4) and Neighborhood Residemial 2 (NR-2) to Neighborhood Residemial 3 (NR-3), Neighborhood Residemial 6 (NR-6), Neighborhood Residemial Mixed Use 12 (NRMU-12), and Neighborhood Residemial Mixed Use (NRMU). The property is generally located north of Pockrus Paige Road, west of Swisher Road, and south of Edwards Road. The applicam is proposing a mixed-use developmem that will include single-family housing, general retail, town homes, multi-family and park uses. The Planning and Zoning Commission recommends approval (6-0). (Z03-0024, Village of Lake Forest) Bo Hold a public hearing and consider adoption of an ordinance regarding an amendment to Subchapter 5 of the Denton Development Code pertaining to the limitations of Accessory Dwelling Units. The Planning and Zoning Commission recommends approval (6-0). (Si03-0017, Accessory Dwelling Units) Co Hold a public hearing and consider adoption of an ordinance regarding an amendment to Subchapter 12 of the Denton Development Code pertaining to the applicability of industrial Performance Standards. The Planning and Zoning Commission recommends approval (6-0). (Si03-0018, industrial Performance Standards) Do Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 5 acres from a Neighborhood Residemial 4 (NR-4) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The property, commonly known as 305 and 321 Mockingbird Lane, is generally located at the intersection of Mockingbird and Oriole Lane along the west side of Mockingbird Lane. Detach single-family units are proposed. The Planning and Zoning Commission recommends denial (5-1). (Z03-0022, Oriole Court) City of DeNon City Council Agenda November 18, 2003 Page 5 mo Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 5.4 acres from a Neighborhood Residemial 4 (NR-4) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The property, commonly known as 406, 408, 410, and 414 Mockingbird Lane, is generally located at the intersection of Mockingbird Lane and Weston Drive along the east side of Mockingbird Lane. Detached and attached single-family units are proposed. The Planning and Zoning Commission recommends denial (5-1). (Z03-0023, Nevada Court) 6. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance of the City of DeNon, Texas authorizing a settlement agreement with Marcus Cable Associates, L. L. C. D/B/A Charter Communications; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documems necessary to effect such agreement; and to make such other actions deemed necessary to finalize the agreement; and declaring an effective date. Bo New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Co Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Do Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. mo 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 DeNon, Texas, on the day of ,2003 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 INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: November 18, 2003 Utilities Administration Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion and provide direction to the Solid Waste Department on the Solid Waste Collection and Transportation Services Permit Rate (SWP). BACKGROUND At their meeting of October 21, 2003, the City Council requested the Solid Waste Collection and Transportation Services Permit Ordinance (SWP) be brought back to the City Council during a work session for review and discussion. Local govemmem has the responsibility to provide solid waste services for its community. The City of Demon provides municipal solid waste (MSW) collection, transportation and disposal service to residemial, commercial and industrial customers within the city and in its ETJ as provided under Chapter 24 of Demon's Solid Waste Code of Ordinances. Those special wastes and recyclable materials not serviced by the City will be collected and transported by persons permitted or registered in compliance with Chapter 24. SUMMARY Demon's Solid Waste Code of Ordinances is adopted for the purpose of preserving and protecting the public health, safety and general welfare of the citizens of Denton. In support of this function, the Solid Waste Department proposes the adoption of the Solid Waste Collection and Transportation Services Permit Rate Ordinance (SWP) to establish fees for the various categories of permits or registrations. The Solid Waste Department wishes to establish new rates which will compensate the City for the permittee's use of the streets, and program oversight and management. Collection and transportation service providers must obtain permits to collect and transport the following special wastes and recyclable materials within the city: · Special Waste · Medical Waste · Hazardous Waste · Restaurant Oils and Grease · Grease Trap Waste · Commercial and Industrial Recyclable materials · Residential Recyclable materials · Construction and Demolition (C&D) waste and discarded materials · Private MSW collection service providers operating in newly annexed areas The application and permitting requirements, and associated fees, included in the proposed Solid Waste Collection and Transportation Services Permit Rate Ordinance (SWP) provide the ability for the City to permit, monitor and recover fees for city services provided in the oversight of this area and use of the City's streets and rights-of-way. FISCAL SUMMARY The fees charged in the Solid Waste Collection and Transportation Services Permit Rate Ordinance (SWP) provide revenue to fund programs for permitting, monitoring, code enforcement, environmental crimes and illegal dumping, street maintenance, and city administrative costs. RECOMMENDATION Staff recommends approval of the proposed Solid Waste Collection and Transportation Services Permit Rate Ordinance (SWP). EXHIBITS 1. Solid Waste Collection and Transportation Services Permit Rate Ordinance (SWP) Respectfully submittted: Howard Martin, ACM Utilities SCHEDULE SWP SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES PERMIT (Effective 4/01/04) APPLICATION Any person, emity, or business engaged in the collection and transport of special wastes, recyclables, or refuse as listed below, must possess a currem permit issued from the City prior to providing collection and transportation services in the city limits of Demon. Permits are required for collection and transportation services the City's Solid Waste Departmem doesn't provide, which includes the following wastes and discarded materials: · Special Waste · Medical Waste · Hazardous Waste · Restaurant Oils and Grease · Grease Trap Waste · Commercial and Industrial Recyclable Materials · Residential Recyclable Materials · Construction and Demolition waste and discarded materials (C&D) · Private MSW collection service providers operating in newly annexed areas The person applying for a permit will make application through the City's Solid Waste Departmem on forms provided for that purpose, and pay the required fees. Permits are non-transferable and non-exclusive. The permit applicant must execute a service agreement prior to the issuance of a permit. GRANTING OF PERMIT As a condition of granting of a permit, permittees agree to complete a service agreement, carry specific types and amoums of insurance, submit reports, and pay the necessary fees. Following the graining of a permit, permit decals will be issued by the City and placed on all vehicles operating and comainers set within the city limits of Demon. Vehicles operating and containers set in Denton are required to display a current permit decal. The Director of Solid Waste, or his designee, after reviewing the permit application and conducting the necessary review, may issue the permit, issue the permit with conditions, or deny the issuance of the permit. EXCLUSIONS Individuals hauling personal materials from their residence, and who are not conducting commercial hauling as part of a business emerprise, or as a sole business emerprise, are exempt from this requirement. EXHIBIT 1 FEES Application fees are payable at the time of application submittal and shall be submitted to the Director of Solid Waste, 1527 S. Mayhill Road, Demon, Texas. Application and Vehicle fees are non-refundable, and non pro-rated. Permits are issued annually and are effective from October 1 st or the date of issuance, whichever is later, through September 30th of the following year, the City of Demon's fiscal year. Fees paid are applicable only for the fiscal year for which they are paid. Comainer fees apply to each comainer placed by the permittee within the City limits of Demon, but do not apply to residemial refuse carts used in newly annexed residemial areas. Comainer fees are established at $3.00 per cubic yard per comainer size. Roll-off truck comainers require a comainer fee regardless if the comainer is or is not placed on the ground. Special Waste Collection and Transportation Permit 1. Application Fee: $2,000 annually 2. Vehicle Fee: $1,000 per vehicle annually Medical Waste Collection and Transportation Permit 1. Application Fee: $2,000 annually 2. Vehicle Fee: $1,000 per vehicle annually Hazardous Waste Collection and Transportation Permit 1. Application Fee: $2,000 annually 2. Vehicle Fee: $1,000 per vehicle annually Restaurant Oils and Grease Collection and Transportation Permit 1. Application Fee: $100 annually 2. 4% of Gross Revenue from services provided within the City limits Grease Trap Waste Collection and Transportation Permit 1. Application Fee: $100 annually 2. Vehicle Fee: $100 per vehicle annually Commercial Recycling Materials Collection and Transportation Permit 1. Application Fee: $1,000 annually 2. Vehicle Fee: $1,000 per vehicle annually Residential Recycling Materials Collection and Transportation Permit 1. Application Fee: $1,000 annually 2. 4% of Gross Revenue from services provided within the City limits H. Construction and Demolition (C&D) Collection and Transportation Permit 1. Application Fee: $50 annually 2. Vehicle Fee: $100 per vehicle annually I. Private Municipal Solid Waste (MSW) Collection and Transportation Permit Available only to companies that provide solid waste services in newly annexed areas for specific periods of time. 1. Application Fee: $1,000 annually 2. 4% of Gross Revenue from services provided within the City limits RECYCLABLES Recyclables containing five-percent or more contamination of waste or non-recyclable materials will be considered refuse, and its collection may not by provided by service providers permitted under this ordinance. This refuse will be collected by the City of Denton. The Director of Solid Waste, or his designee, will make the final determination on whether stored recyclables contain excessive contamination, which may reclassify the materials as a waste, and are not collectible by service providers operating with permits covered under this ordinance. TERM AND RENEWAL All permits for commercial solid waste hauling services shall be valid for not more than one (1) year from the date of issuance. Permittees may make a written application for renewal sixty (60) days prior to the permit expiration. The renewal application will update the information provided in the initial application. Applications for renewal shall be processed in the same manner as an initial application. REVOCATION OR NON-RENEWAL OF PERMITS If the Director of Solid Waste, or his designee, finds any requirement of the permit to have not been met, he may institute a penalty fine, revoke or not renew the permit, and/or require the entity to cease operations within the City limits of Denton. AGENDA INFORMATION SHEET AGENDA DATE: November 18, 2003 DEPARTMENT: ACM: Electric Utility Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington consulting, LLE for consulting services relating to Task Order No. 03-I, regarding Regulatory Services at the Electric Reliability Council of Texas and at the Public Utility Commission of Texas, relating to the City's position on issues and the interests of Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND For the past seven and a half years, it has been the practice of DeNon Municipal Electric (DME) to maintain a general regulatory services task order with R. J. Covington, initially as an employee of Resource Management International followed by contracting with his independent consulting firm. The previous general regulatory service task order have typically was for $100,000. The most recent of these contracts was issued in August of 2003 in the amount of $45,000. The lower dollar amoum was recommended for that task order because DME believed that day-to-day activities at the PUC and ERCOT would be significantly reduced due to the large amount of time that would be devoted to the redesign of the electric wholesale market, which was covered in a separate task order. All funds have been utilized in the August task order. Since the passing of Senate Bill 7, Mr. Covington's firm, working in coordination with DME and Garland staff members, has been critical in providing coverage of the Austin based Electric Reliability Council of Texas (ERCOT) committee meetings and Texas Public Utilities Commission (TPUC) workshops that occur weekly and impact the operational structure of the retail and wholesale deregulated marketplace. The ongoing changes being imroduced almost daily into the deregulated electric marketplace by the TPUC, ERCOT staff and electric market participams are often critical to DME's ability to successfully function in the marketplace. It has become clear that failure of DME to monitor and participate effectively in these activities will result in development of a market model harmful to the interest of smaller players such as DME. Over the past two months, it has become clear that, while the PUC activity has been focused largely on the market redesign, the assumption of reduced ERCOT activity was wrong. The activity in the various standing ERCOT committees and subcommittees has been extremely high and has addressed several complex issues that required analysis. In the area of Protocol Revisions alone, 22 Revisions have been filed and are under discussion and analysis and 12 Revisions have been approved. Also several significam reliability related criteria, such as generator governor response requirements have been enacted. In the past the general task order has been used to provide a variety of analytical and strategic planning support to DME in areas such as: · Development of strategic options · Gas price forecasts · Assistance in financial and technical model developmem · Drafting of small contracts and agreements · Technical support for state legislative efforts · Review and analysis of TMPA financial records · DME load analysis · Support for DME Texas Public Utility Commission (TPUC) filings · Represemation of DME at Electric Reliability Council of Texas (ERCOT) committee meetings · Review and monitoring of all activities at the TPUC and ERCOT to idemify developing issues that will impact DME In addition to these general types of tasks, listed above, the TPUC is beginning a project on transmission issues that will have a major impact on issues such as the ability to encourage construction of transmission to relieve constraints in the DFW area. This is a critical issue for the future of Denton. The existing DME staff is unable to perform all of these types of tasks either because of workload or lack of expertise. In addition, Mr. Covington's location in Austin provides a cost effective way to access data located in Austin, such as TPUC records and filings by other electric utilities, a cost effective way of assuring DME's interests are represented at the numerous critical meetings that are held in Austin, and provides him access to information sources not available to staff isolated in DeNon. The availability of a general task order with a firm that has an in depth knowledge of DME's structure and position in the market allows DME to react to unforeseen issues in a timely fashion. In today's deregulated environmem, such issues often require identification and reaction much faster than the City's contract approval process or DME's limited staff can accommodate. OPTIONS 1. Continue to use the Covington firm's services 2. Reduce DME participation in the Texas electric market. Rely totally on DME staff for all other technical issues. RECOMMENDATIONS DME staff recommends approval of the task order. PRIOR ACTION/REVIEW (Council, Boards, Commission): The Public Utilities Board considered this item at its November 3, 2003 meeting and voted to approve it unanimously. FISCAL INFORMATION The cost of this task order is not to exceed $60,000. EXHIBITS 1. Ordinance 2. Agreement 3. Task Order 4. Public Utilities Board Meeting Minutes Respectfully submitted: Sharon Mays Director of Electric Utilities ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING SERVICES RELATING TO TASK ORDER NO. 03-I, REGARDING REGULATORY SERVICES AT THE ELECTRIC RELIABILITY COUNCIL OF TEXAS AND AT THE PUBLIC UTILITY COMMISSION OF TEXAS, RELATING TO THE CITY'S POSITION ON ISSUES AND THE INTERESTS OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DAIE. WHEREAS, the City Council deems it in the public interest to engage the firm of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide professional consulting services to the City relating to Task Order No. 03-I; which includes, without limitation, continuing regulatory support at the Public Utility Commission of Texas ("PUC") as well as participation at the Electric Reliability Council of Texas ("ERCOT") respecting committees and task forces; to represent the City and its interests in the municipal electric utility market; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described specialized professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, Covington has represented DME continuously and ably over the past seven years, and has proven to be a valuable, affordable, competent, dependable professional resource that has expertise in and is well-acquainted with the electric financial and regulatory framework of Denton Municipal Electric ("DME"). Covington and his staff are familiar with the characteristics and operations of DME; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional consulting services relating to Task Order No. 03-I, to the City and to Denton Municipal Electric, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference as Exhibit "A." EXHIBIT 1 SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective upon its passage and approval. PASSED AND APPROVED this the day of .,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:'.t'_)or Documcnts'~.Ordinances\03',R J Covington Consulting kl_C-DMk-Ord Aprv ¥O-2-1 -2003.doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PERTAINING TO DENTON MUNICIPAL ELECTRIC THIS AGREEMENT is made and entered into as of the __ day of November, 2003, by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201 ("CITY"); and R. J. COVINGTON CONSULTING, LLC, A Texas Limited Liability Corporation, with its principal office at 13276 Research Blvd., Suite 201, Austin, Texas 78750, hereafter "COVINGTON"; acting herein by and through their duly' authorized representatives. WITNESSETH, that in consideration of the covenants, promises and agreements herein contained, the CITY and COVINGTON do hereby AGREE as foltows: EMPLOYMENT OF CONSULTANT The CITY hereby contracts with COVFNGTON. as an independent contractor, and COVINGTON hereby agrees to perform the services herein in connection with the Scope of Services as stated in the Articles to follow, with diligence and in accordance with the highest professional standards customarily obtained for such se~'ices in the State of Texas. AR._T2CLEAI SCOPE OF SERVICES A. COVINGTON shall provide to the CITY professional consulting services in the form of continuing regulatory support pertaining to CITY'S/DME'S position regarding the municipal electric utility market, dealing with the Electric ReliabiIity Council of Texas ("ERCOT') and the Public Utility Commission of Texas ("PUC"). COVINGTON agrees to perfom~ those ser¥ices and tasks more particularly described in Task Order No. 03-I attached hereto and incorporated herewith by reference. B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric Utilities, the Utility Attorney, and any other designated administrative personnel regarding an}/' and all aspects of the sen'ices to be performed pursuant to this Agreement. ARTICI~F. I11 PERIOD OF SERVICE This Agreement shall become effective as of its date of approval and upon the issuance ora notice to proceed by the CITY. The termination date of this Agreement shall be upon the earliest to occur of the following events: completion of the work descr/bed herein and in the attached Task Page 2 EXHIBIT 2 Order No. 03-I; or upon the depletion and exhaustion of the $60,000 not to exceed amount provided tbr herein; or upon fifteen (15) day's written notice to terminate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. COVINGTON shall make all reasonable efforts to compIete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its Director of Electric Utilities. ARTICI,E IV COMPENSATION A. COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as that expense for any assignment incurred hereunder by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense, overnight courier, photocopy expense, transportation, travel, communications, subsistence and lodging away from home and similar incidental expenses reasonably incurred in connection with that assignment. B. BILLING AND PAYMENT: 1. For and in consideration of the professional services to be performed by COVINGTON herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement tbr direct non-labor expense, not to exceed $60,000 for those services described in Task Order No. 03-I. 2. The fee for the services described in this Agreement to be performed by COVINGTON are to be billed the rates as set forth in Exhibit "A" attached hereto and incorporated herewith by refbrence. Billing shall be reported in minimum one-quarter (1/4) hour increments. 3. Payments to COVINGTON will be made by the CITY on the basis of detailed monlhly statements rendered to the CITY through its Director of Electric Utilities. The fee bills as submitted, shall be allowed and approved by the Director of Electric Utilities. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. 4. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory as reasonably determined by the City Manager or the Director of Electric Utilities, or which is not submitted in compliance with the terms of this Am'cement. The Citv shall not be required to make any payments to COVINGTON when (7OVINGTON is i~ defhuIt under this Agreement. 5. It is specifically understood and agreed that COVINGTON shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as stated, without first having obtained written authorization from the CITY. Page 2 C. PAYMENT If the CITY fails to make payments due COVINGTON for services and expenses within forty (40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due COVINGTON will be increased by the rate of one percent (1%) per month from the said lbrty (40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to the CITY, suspend services under this Agreement until COVINGTON has been paid in full all amounts due for services, expenses and charges provided. However, nothing herein shall require the CITY to pay the late charge of one percent (I%) set forth herein if the CITY reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such defect. ' ARTICLF V OBSERVATION AND REVIEW OF THE WORK COVINGTON will exercise reasonable care and due diligence in discovering and promptly, reporting to the CITY any defects or deficiencies in his work or the work of any subconsultants performed hereunder. ARTICLE VI OWNERSHIP OF DOCUMENTS Ali documents, analyses and other data prepared by COVINGTON under this Agreement ("Work Products") are instruments of service and are and shall remain the property of CITY. COVINGTON shal[ have the right to make and retain copies and use ail Work Products; provided, however, the use shall be limited to the intended use for which the services and Work Products are provided under this Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as property of COVINGTON; provided that prior written approval is obtained from CITY, whose approval shall not be unreasonably withhe[& and providing that copywriting will not restrict CITY'S right to retain or make copies of the Work Products for its information, reference and use on the Project or services under the Agreement. The Work Products shall not be changed or used for purposes other than those set fbrth in this Agreement without the prior written approval of COVINGTON. If CITY releases the Work Products to a third party without COVINGTON'S prior written consent, or changes or uses the Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and COVINGTON shall not be liable for any claims or damages resulting from or connected with the release or any third party's use of the Work Products. ARTICLE VII INDEPENDENT CONTRACTOR COVINGTON shall provide services to the CITY as an independent contractor, not as an employee of the CITY. COVINGTON shall not have or claim any right arising from employee status. Page 3 ARTICLE VIII INDEMNITY AGREEMENT COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney's fees incurred by the CITY, and including without limitatiom damages for bodily and personal injury, death and property damage, and damage for professionaI mafpractice resulting from the negligent acts or omissions of COVINGTON or any subconsultants, in performance of this Agreement. COVINGTON'S liability under this Article VIII is expressly limited to the amount of COVINGTON'S insurance coverage as set forth in Article IX. Nothing in this Agreement shall be construed to create a liability' to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. INSURANCE During the performance of the Services under this Agreement, COVINGTON shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Con'unission or any successor agency that has a rating with Best Rate Carriers of at least an 'A-" or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 /hr each occurrence, and not less than $100,000 in the aggregate. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident; and with property damage limits of not tess than $100,000 for each accident. Professional Liability Insurance with policy limits of not less than SI,000.000 annual aggregate. COVINGTON shall furnish insurance certificates or insurance policies at thc CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on ali such policies to the extent legally possible, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY and COVINGTON. In such event, COVINGTON shall, pr/or to the effective date of the change or cancellation, deliver substitute policies fi.~rnishing the same coverage to CITY. Page 4 ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICI .E XI LIMITATION OF LIABILITY To the extent permitted by law, the total liability of COVINGTON to CITY tbr any and all claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third-party claims, shall not exceed one million dollars ($1,000,000). ARTICI.F XI1 CONSEQUENTIAL DAMAGES In no event and under no circumstances shatl COVINGTON be liable to CITY fbr any interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any consequential, indirect or special damages. ARTICLE XIII PROFESSIONAL STANDARDS COVINGTON will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same degree of similar services. No other warranty or guarantee, expressed or implied, is made ~vith respect to the services furnished under this Agreement and all implied warranties are disclaimed. ARTICLE XIV TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance written notice of termination to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially fhiling to fulfill its obligations under this Agreement. No such termination will be eftbcted unless the other party is given: (1) written notice (delivered by certified mail. return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance. and not less than ten (10) business days in which to cure the failure; and (2) an opportunity Ibr consultation with the terminating party prior to termination. Page 5 If this Agreement is terminated prior to completion of the services to be provided hereunder, COVINGTON shall intmediately cease all services and shall render a final bill for services to the CITY within 30 days after the date of termination. The CITY shall pay COVINGTON for all sen, ices properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination in accordance with Article IV, Compensation. Should the CITY subsequently contract with a new consultant tbr the continuation of services on the Project, COVINGTON shaI1 cooperate in providing information. COVINGTON shall mm over all documents prepared or furnished by COVINGTON pursuant to this Agreement to the ClTY on or before the date of tenninatim~, but may maintain copies of such documents for its use. A RTICLF~ X¥ RESPONSIBILITY FOR CLAIMS AND LIABILITIES ApprovaI by the CITY shall not constitute nor be deemed a release of the responsibility and liability of COVINGTON, or any sub-consultants of COVINGTON, for the accuracy and competency of their designs or other work product. NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at thc address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be sent to the parties at the following addresses: To COVINGTON: To CITY: R.J. Covington Consulting, LLC Attn: Richard J. Covington 13276 Research Blvd., Suite 201 Austin, Texas 78750 City of Denton, Texas Arm: Michael A. Conduff, City Manager 215 East McKinney Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days after the date of mailing. ENTIRE AGREEMENT This Agreement consisting of nine (9) pages, and four (4) additional pages consisting of Task Order No. 03-I, constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and a~eements which may have been made in connection with the subject matter hereot: Page 6 ARTICI~E XVIII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent j urisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICI,E XIX COMPLIANCE WITH LAWS COVINGTON shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they' may now read or hereinafter be amended. DISCRIMINATION PROHIBITED In performing the services required hereunder, COVINGTON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. PERSONNEL COVINGTON represents that he has secured, or will secure at his own expense any additional personnel required to perform all the services required under this Agreement. Such personnel shall be subconsultants of COVINOTON, and shall not be employees or officers of, nor have any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by COVINGTON or under his supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. ASSIGNABILITY COVINGTON shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or other~vis¢) without the prior written consent of the CITY. Page MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the pan/es hereto out of or affecting this Agreement, or the rights or obligations of the part/es hereunder, and unless such waiver or modification is in writing, duly executed: and, the parties further agree that the provisions of this section will not be waived unless as herein set lbrth. ARTIC! F XXIV MISCELLANEOUS COVINGTON agrees that CITY shalI, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of COVINGTON involving transactions relating to this Agreement. COVINGTON agrees that the CITY shall have access during normal working hours to ali necessary COVINGTON facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. The CITY shall give COVINGTON reasonable advance notice of any intended audits. 3, Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. COVINGTON shall commence, carry on, and complete the work required by this engagement with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof, in accomplishing the work, COVINGTON shalI take such steps as are appropriate to ensure that the work involved is properly coordinated with related work bein,.9, carried on by the CITY. ~ The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available intbrmation pertinent to the work required by this engagement, including previous reports, any other data relative to the project and arranging for the access to, and make all provisions fbr COVINGTON to enter in or upon, public and private property as required for COVINGTON to perform sen, ices under this Agreement. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in four original counterparts, by its duly authorized City Manager; and R.J. Covington Consulting, LLC has executed this Agreement by its duly author/zed officer on this the day of November, 2003. Page 8 "CITY" CITY OF DENTON, TEXAS A Municipal Corporation By: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY "COV~GTON" R.J. COVINGTON CONSULTING, LLC A Texas Limited Liability Corporation By: Richard J. Covin.O:Sn~ S:Our Documcnts~Contracts'.fl3'..R J Cox ington Consulting LI.C-PSA TO 03-[ -2003 DME.doc Page 9 ATTACHMENT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. 03-I Regulatory Services Tasks provided for in this Attachment are directed at assisting the City staff ("Staff") in areas associated with operating in the competitive restructured electric industry in Texas. As issues are addressed at the Public Utility Commission of Texas ("PUC") and at the Electric Reliability Council of Texas ("ERCOT"), RJC will work with Staff to develop and present the City's position on those issues that may affect the City. Following is an overview of each of the primary areas of services to be provided under this Task Order. Regulatory Support at PUC and ERCOT Tasks A and B provide the scope of services for continued participation at the PUC in dockets and projects that affect the City, and, at the direction of the Electric Utility Director, attend and participate at ERCOT on issues in coordination with Staff. It is important for DME to be knowledgeable on these issues and participate in the discussions to represent the municipal electric utility market segment in general, and DME customers specifically. RJC effectively works with Staff and the City's attorneys to provide notification, evaluation and intervention as needed to protect the City's interest. These and other regulatory related activities will directly and indirectly affect the City's municipal electric system and its ability to contribute to the funding of City operations. Issues requiring attention at this time include, but are not limited to: 1. ERCOT Wholesale Market Subcommittee ("WMS") 2. ERCOT Protocol Revision Subcommittee ("PRS") 3. ERCOT Congestion Management Working Group ("CMWG") 4. ERCOT Board and TAC Meetings 5. PUC Data Filing Requirements 6. PUC TCOS Filings of TDSP's in ERCOT ?. PUC Rulemakmg to Addrcs~ Enforcement of Wholesale Market Rules 8. PUC Docket 26950 - 2003 TCOS For ERCOT EXHIBIT 3 Task Order 03-1 Regulatory Services Monitoring Activities and Technical Support Task C allows RJC to augment StafFs efforts to process the wide range of int'ormation that is needed to keep up with activities at the PUC and ERCOT and to support staff in addressing the many issues that arise as the market changes. In addition to reporting on on-going activities at the PUC and ERCOT, RJC will provide technical assistance to answer questions staff may have for their evaluation of the impact on the City of various issues and in responding to questions from the Utility Board and City Council. Following is a detail list of services to be provided under this Task Order. Scope of Services Task A PUC Regulatory Support Task A-1 Attending Workshops And Hearings At PUC 1. RJC will stay informed on activities at the PUC and will attend xvorkshops and hearings as needed. 2. When appropriate, RJC will participate in workshops and hearings to represent interests of City based on directions of Staff. 3. RJC will work xvith Staff in developing positions which should be taken and strategies for working with parties involved. Task A-2 Analyze Proposed Rules and Policies !. Proposed new rules and rule changes from the PUC will be analyzed. 2. RJC will discuss proposed new rules, and changes to existing rules with Staff and legal counsel, helping to identify areas of concern and preparing positions that represent the interests of the City. 3. RJC will meet with PUC staff and other part/es as appropriate to discuss proposed rules, and present the City's concerns regarding such proposals. Task A-3 Preparation of Comments 1, RJC will prepare or assist in preparing comments to be filed with the PUC representing City's position on issues brought up in proposed rules, projects and dockets. 2. These comments will be coordinated through Staff and the City's legal team. 3. RJC will assist the City's legal team as necessary in the preparation and filing of comments and testimony in dockets that have been identified by Staff as requiring intervention to protect the City's interest. 2 of 4 Task Order 03-I Regulatory Services TaskB Assistance With ERCOT Task B-1 Attending Committee and Working Group Meetings At ERCOT 1. RJC will stay informed on activities at the ERCOT Independent System Operator ("ISO") and will attend meetings as directed. 2. RJC will participate in discussions in meetings to represent interests of City based on directions of Staff. 3. RJC will work with Staff in developing positions which should be taken and strategies for working with other ERCOT stakeholders. Task B-2 Analyze Proposed Policies and Protocols 1. Proposed new policies and protocols from the ISO will be analyzed. 2. RJC will review proposed protocols with Staff, to identify areas of concern and preparc responses that represent the position of the City on the issues before the committees. 3. RJC will meet with ERCOT staff.and other stakeholders to discuss proposed protocols, and negotiate reconciliation of concerns. Task B-3 Preparation of Comments 1. RJC will prepare or assist in preparing whitepapers and comments to be submitted to the commirtees and be prepared to present such papers to represent the City's position on issues. 2. These papers and comments wilt be coordinated through Staffand when necessary, the City's legal team. Iask C Provide Staff With Technical Assistance On Competitive Issues Task C-1 Technical Assistance RJC will provide, as directed, technical support to help quantify impact of issues affecting DME. Examples of such issues may include analysis of the impact on the City of a move to LMP pricing in ERCOT. Task C-2 IndustD~ Monitoring and Evaluation RJC will have continuing communication with Staff and the City's legal team order to monitor proposed industry changes and address those issues affecting municipalities. 3 of 4 Task Order 03-1 Regulatory Services 2. An on-going dialog will be maintained with Staff and the legal team in order to evaluate changing operating and market requirements and conditions, and evaluate potential effects on City operations. 3. Information necessary to supplement and support the decision making process will be provided as requested. 4. A summary of activities at the PUC and ERCOT will be provided weekly. Budget RJC recommends a not to exceed budget of $60,000 for labor and expenses. This budget will not be exceeded without prior written approval of the City. RJC will bill monthly with supporting documentation of activities performed. The work being performed will be under the supervision of the Director of Electric Unlities and may be modified at any time upon appropriate notice to RJC. EXECUTED this __ day of November, 2003. AUTHORIZED BY: ACCEPTED BY: CITY OF DENTON, TEXAS A Texas Municipal Corporation R.J. COVINGTON CONSULTING. LLC By' Dated: ATTEST: JENNIFER WALTERS CITY SECRETARY By: Dated: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY / ,, Dated: S:~Ou[ Docmncnts'.Contracts\03'xR J Co~ region T() 03-1 - DM[. doc 4 of 4 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET November 18, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance of the City of Demon, Texas authorizing the expenditure of funds for Wide Area Network Charges for Demon Municipal Electric; providing for the expenditure of funds and providing an effective date (File 3108 to the Electric Reliability Council of Texas (ERCOT) in the total estimated amoum of $54,000). BID INFORMATION As a result of Texas Legislature mandated restructuring of the Electric Utility Industry, Denton Municipal Electric (DME) is now required to pay Wide Area Network Charges to the Electric Reliability Council of Texas (ERCOT) for the transfer of data. In order to be connected to the ERCOT whole grid so that power can be delivered to Denton, the ERCOT protocols require that we must be a part of the Wide Area Network. ERCOT is a not for profit organization whose primary responsibility is to facilitate reliable power grid operations by working with the area's electric utility industry organizations. This is the second year that DME has participated in the Wide Area Network. The monthly cost varies depending upon usage but last year's average was approximately $4500 per month. RECOMMENDATION We recommend award of this item to the Electric Reliability Council of Texas (ERCOT) in the estimated amoum of $54,000. PRINCIPAL PLACE OF BUSINESS ERCOT Austin, TX ESTIMATED SCHEDULE OF PROJECT This is a monthly charge that is estimated to be $54,000 for this fiscal year (October 1, 2003 - September 30, 2004). Agenda Information sheet November 18, 2003 Page 2 FISCAL INFORMATION This item will be funded from account 600400.7899. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: October Invoice 1-AlS-File 3055 TH~. T~XA$ CONN~.CTiON BII.I, TO: Invoice $ Invoice Date Due Date Terms IW00001195 10/14/03 ll/i3/o3 Net 30, No Discount Denton Municipal Elect.(t10790 ~TN: Dan Scott 901 A Texas Street DENTON TX 76201 WAN REIMBURSEABLE WIDE AREA NET September 2003 TO: ERCOT Bank One PO Box 972716 Dallas, TX. 75397-2716 Please include invoice munber on remittance. 1 EACH 4,379.75 EACH Invoice Total Balance Due 4,379.75 4,379.75 4,379.75 AusUn 76ao Metro Centee Drive Taglo~' ~705 West Lake Driv~ AT&T FRAME RELAY HSS Taxes & Surcharges Port Monthly Charges Port Prorated Charges PVC Monthty Charges-Taylor PVC to Taylor taxes PVC Monthly Charges-Austin PVC to Austin taxes Access Monthly Charges Access Prorated Charges/Credits Access One-Time Charges/Credits Access Taxes & Surcharges Subtotal Universal Connectivity Charge 711103-7131/03 Total $50.93 $374.40 $0.00 $176.00 $23.41 $176.00 $23.35 $1,032.02 $o.oo $o.oo $140.38 $1,996.49 $73.69 $2,070.18 SWBELL PRIVATE LINE SERVlCE Local Loop-Taylor Local Loop-Austin Long Haul Charges Taxes & Surcharges Total $126.92 $29.86 $438.31 $63.86 $658.95 SWBELL LOCAL LOOP - Local Loop Charges Monthly Access Charges **Other Charges & Credits **Texas Universal Fund Surcharge Taxes ACcess Taxes & Surcharges Total $758.62 $39.00 $15.41 $56.91 $88.86 $958.80 NETSOLVE NMS Recurring Prorated Tax Total $674.43 $o.oo $17.39 $691.82 TOTAL WAN CHARGES FOR SEPTEMBER 2003 $4,379.75 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR WIDE AREA NETWORK CHARGES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS AND PROVIDING AN EFFECTIVE DATE (FILE 3108 TO ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT) IN THE TOTAL ESTIMATED AMOUNT $54,000). WHEREAS, in order to comply with the legislative requirements contained in Texas Senate Bill 7 for the restructuring of electric utility regulation, the City of Denton is required to pay such fees imposed by the Electric Reliability Council of Texas as set forth in Exhibit "A": and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the expenditure of funds in the estimated amount of $54,000 to be paid to the Electric Reliability Council of Texas in the estimated amount shown on Exhibit "A", which is attached to and made a part of this ordinance for all purposes is hereby authorized. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3108 '< EXHIBIT "A" Purchase Order 114660 $54,000.00 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: November 18, 2003 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 ACM: Kathy DuBose, Fiscal and Municipal Services g'>~ SUBJECT Consider adoption of an Ordinance authorizing the execution of change order one to a contract for lease purchase financing of PC's, monitors, and peripheral equipmem between the City of DeNon and Dell Governmem Leasing and Finance; providing for an increase in the quamity of items, increase in the annual lease paymem amoum; and providing for the expenditure of funds therefore; and providing an effective date (File 3110-Dell Governmem Leasing and Finance awarded in the amoum of $1,056,923.70 and change order one in the amoum of $331,241.64 for a total of $1,388,165.34). CHANGE ORDER INFORMATION The ability to apply technology to support and enhance Public Safety efforts increases daily. Virtually all aspects of service delivery associated with Police, Fire, and EMS require computer input and manipulation at the user level. Many of these computers are in use 24 hours a day and as these devices age they require an increased level of support and become less effective. The concept of a "Public Safety Lease," established in 2000 allows a fixed rotation of this equipmem to insure replacemem in a timely fashion. On December 19, 2000 Council approved the addition of 137 desktop PCs and 46 notebook PCs for Public Safety. The established plan has proven to be effective. This Ordinance replaces the "Public Safety Lease" when it expires in April 2004. This purchase order is for the first of six semi-annual lease paymems for 167 Dell Optiplex GX270 desktop PCs, 25 Dell Latitude D600 notebook PCs, software, peripherals, and services to replace the Public Safety leased equipmem expiring in April 2004. The master lease is through the State of Texas Building and Procurement Commission Department of Information Resources Cooperative Purchasing Agreement. The leasing rate is negotiated by the State of Texas, which makes adding to this existing lease more economical than pursuing a lease on the open market. This allows the City of Denton to take advantage of the leasing power of the State of Texas Building and Procuremem Commission. RECOMMENDATION We recommend change order one be approved in the amoum of six bi-annual paymems of $55,206.94 for a total 3-year cost of $331,241.64. PRINCIPAL PLACE OF BUSINESS Dell Govemmem Leasing and Finance Round Rock, Texas Agenda Information Sheet November 18, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT The estimated delivery date for the 167 desktop PC's and 25 notebook PC's with software, peripherals and services is March 31, 2004. FISCAL INFORMATION Funding is budgeted from Technology Services account 830500.7802. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Dell Government Leasing and Finance Lease Proposal 1-AlS-File 3110 lttachmeut 1 DELL GOVERNMENT LEASING AND FINANCE Lease Proposal October 1, 2003 Denton, City of Dell Government Leasing and Finance specializes in providing the finest Technology Lease products and services to the Public Sector. We have designed a customized financial solution for you and are pleased to have this opportunity to present this proposal for the transaction described below: Lessee: Denton, City of Lease Rates: Lease Rates are proposed for the referenced quotations and amounts only. Changes in equipment pricing or configurations may invalidate this document. This proposal and rates quoted are valid for 30 days from the above date. Payment Structure: .Semi;Annual:PaYmen~:(DIR C°hteact02a00390):.~:': ...... :: . .. : '""' : · ; :' ::!::: :: !;: .' ':; :~: '":'::'ii:.i: :': · :: : PeriodiC:'" '.Number : .EquipmentD~:criPtion:: Q:uanti~, :.UnitCOst i: .~6u~ti:.::i:iFa~°~: Pa~ebt:::. 1205,,77334 Dell O,ptiplexGX270T 167, $1,358,00 $226/786.00 0.173071 $ ,39,250.08 Services I67 $91.00 $15,197.00 0.185216 $ 2,814.73 Personal Property Tax 0.0113 $ 2,734.41 1205~1~132 Dell ~titude D600 25 "" $2,161.00 $54,0~_'~;.00 0.173071 $ 9',350.16 Services '" 25 '~9t.00 $2,275.00 1~.185216 $ 421.37 Personal Prope~o/Tax 0.01i3 $ 636.19 End of Lease Options: FAIR MARKET VALUE PURCHASE OPTION Lessee has the following options at the end of the contracted lease term: 1.) Return Equipment to Lessor at Lessee's expense. 2.) Continue to lease on a month to month basis or renew the lease for a fixed renewal term. 3.) Purchase the equipment for its then Fair Harket Value. One Dell Way, RRB, Round Rock, TX 78682 DELL GOVERNMENT LEASTNG AND FINANCE Lease Proposal Summary of Terms and Conditions Net Lease Provisions: The lease shall be a net lease transaction providing that the lessee shall bear all expenses associated with the equipment, including those relating to maintenance, operation and third party claims. Vendor/manufacturer guarantees and warranties will be passed on to Lessee. Note: With the exception of Conditional Sale Agreements, Lessee will be responsible for payment or reimbursement of any Personal Property Taxes invoiced to the Lessor against the leased equipment. Such amounts may be paid annually in the form of a liquidated Property Tax Fee or pro-rated and added to the rental amount(s) quoted above. Tf your organization is otherwise exempt from such taxation, please contact your Lease Representative for clarification. Znsurance: Lessee shall provide Lessor written confirmation of insurance coverage acceptable to Lessor, including: All-risk Physical Damage, Bodily Tnjury & Property Damage and an endorsement that names Lessor as an additionally insured and loss payee under all liability and property coverage. Lessee may opt, subject to prior written approval of Lessor, to self-insure the Equipment under the same risk parameters detailed above. Appropriations: For State Governments, Local Governments, and Political Subdivisions thereof, the resulting lease will contain a clause subjecting the lease to continued appropriations of necessary funds. The Lessee will covenant that it will do all things legally within its power to obtain and maintain funds from which rental payments may be made and will not give priority or parity in the application of funds for functionally similar equipment during the term of any resulting lease. Documentation: Duly executed Lease or Master Lease Schedule and other documents including, but not limited to Certificates of Acceptance, Opinions of Counsel, Insurance Certificates, Essential Use Statements and UCC Financing Statements that may be applicable and are reasonably requested by Lessor. Approvals: Credit approval is conditioned upon the Lessee's compliance of all existing lease and loan agreements. Final credit approval is subject to Lessor credit committee review and reasonable expectations of continued appropriations for the equipment quoted. Lessee may be asked to provide Financial Statements and other supportinq documentation as necessary for such review. Thank you for the opportunity to provide this proposal. Should you have any questions or concerns, please do not hesitate to contact us by phone or email. We look forward to filling all of your financial needs. Representative: Phone: Fax: Email: Missy Token 866-363-3355 69096 800-391-3355 missy_to~en@deII.com One Dell Way. RRB, Round Rock, TX 78682 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO A CONTRACT FOR LEASE PURCHASE FINANCING OF PC'S, MONITORS, AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND DELL GOVERNMENT LEASING AND FINANCE; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, INCREASE IN THE ANNUAL LEASE PAYMENT AMOU~NT; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 311 O-DELL GOVERNMENT LEASING AND FINANCE AWARDED IN THE AMOUNT OF $1,056,923.70 AND CHANGE ORDER ONE IN THE AMOUNT OF $331,241.64 FOR A TOTAL OF $t,388,165.34). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, on February 4, 2003 the City awarded a 36 Month Master Lease Agreement for PC' s, Monitors, Laptop, and Peripheral Equipment to Dell Government Leasing and Finance in the mount of $1,056,923.70; and WHEREAS, the City Manager or a designated employee has reviewed and reconnnended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such lease agreement with respect to the scope and price and said change order being in compliance with the requirements of Sections 271.081 through 271.083 of the Local Government Code, exempting such purchases from the competitive bid process; NOW THEREFORE, THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS: SECTION L That the change order one increasing the mount of the lease agreement between the City and Dell Government Leasing and Finance copy of which is on file in the office of the Purchasing Agent, in the amount of Three Hundred Thirty One Thousand Two Hundred Forty One and 64/100 Dollars ($331,241.64), is hereby approved and the expenditure of fimds therefore is hereby authorized. The master lease annual amount is amended to read $1,388,165.34. SECTION 1I. That by the acceptance and approval of change order one to the master lease on file in the office of the Purchasing Agent, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specificatior~s, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION ~. That should the City and persons submitting approved and accepted items set forth in the change order one wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be substantially the same as the documents on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal sabmitted to the Building and Procurement Commission, quantities and specified sums contained in the change order one, and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the listed items set forth in the change order one, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the purchase orders issued by the City or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ~, day of 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK., MAYOR BY: APPROVED AS TO LEGAL FO.~I~M: 3 ow ~:-=~ ~--~ AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET November 18, 2003 Materials Management Questions concerning this acquisition may be directed to Ross Chadwick 349-8101 Kathy DuBose, Fiscal and Municipal Services ~'>~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the purchase of bunker gear for the City of DeNon Fire Departmem; providing for the expenditure of funds therefore; and providing an effective date (Bid 3087-Bunker Gear/Turnout Gear awarded to NAFECO Fire Equipmem Company in the estimated amoum of $50,000). BID INFORMATION This bid is for the annual contract to supply protective clothing, bunker gear and turnout gear for the Fire Departmem. Purchases will be made on an as needed basis and quamities may vary. RECOMMENDATION We recommend award of this bid to NAFECO Fire equipment Company in the estimated amount of $50,000 as listed on Ordinance Exhibit A. PRINCIPAL PLACE OF BUSINESS NAFECO Fire Equipment Company Ft. Worth, Texas ESTIMATED SCHEDULE OF PROJECT This is an annual contract with an option to renew if agreed upon in writing by both parties. FISCAL INFORMATION Funding for this item will be provided from accoum 320100.6314 Agenda Information Sheet November 18, 2003 Page 2 Attachment 1: Bid tabulation 1-AlS-Bid 3087 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent O CO '~. 0 0 ~'1 .,-i 0 O ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF BUNKER GEAR FOR THE CITY OF DENTON FIRE DEPARTMENT; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3087-BUNKER GEAR/TURNOUT GEAR AWARDED TO NAFECO FiRE EQUIPMENT COMPANY iN THE ESTIMATED AMOUNT OF $50,000). 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 3087 NAFECO Fire Equipment Company Exhibit A 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 ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-Ord-Bid 3087 o CO '~. 0 0 ~ .,-i 0 U c ~ ~ -o ~ AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET November 18, 2003 Library System Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance authorizing the Mayor to enter into an Interlocal Cooperation Agreemem with Demon County for library services; and providing an effective date. BACKGROUND Interlocal agreements between the City of Denton and the County of Denton for library services have been in effect since FY 1985-86. Under the auspices of each agreemem, the Demon Public Library system agrees to provide a full array of library services, free of charge, to all residents of Denton County. The Demon Public Library will serve approximately 22,572 library users who live outside the Demon city limits this comractual year (FY2003-2004). These Demon County residents will directly benefit from this Interlocal Cooperation Agreement, as they receive the same library privileges as do city of Demon residems. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At its November 6, 2003 board meeting, the Demon Library Board unanimously approved the Interlocal Cooperation Agreement with Denton County FISCAL INFORMATION The Denton County Commissioners has retained its current funding allocation of $1.25 per capita. The total Demon Public Library system allocation of $150,965 is based upon North Texas Council of Govemmems (NCTCOG) population figures and includes $10,000 in matching funds. The funding allocation is payable in equal quarterly installmems. EXHIBITS Ordinance Interlocal Cooperation Agreement Respectfully submitted: Eva Poole, Director of Library Services ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVDING AN EFFECTIVE DATE. WHEREAS, both the City of Denton and Denton County are political subdivisions of the State of Texas that are authorized to enter into interlocal contracts under TEX. GOV'T CODE, ch. 791 and TEX. LOCAL GOV'T CODE, ch. 323; and WHEREAS, the City Council deems it in the public interest to enter into this interlocal contract with Denton County to provide library services for Denton County; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence, the Mayor Pro Tem, is authorized to execute an Interlocal Cooperation Agreement for Library Services with Denton County substantially in the form of the contract which is attached hereto and made a part of this ordinance for all purposes. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY F kshared\dept\LGL\Our Documents\Ordinances\03\County Library Agreement.doc STATE OF TEXAS, COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of Texas, hereinafter referred to as "COUNTY," and the City of Denton, a municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of COUNTY government and related services for the benefit of the citizens of Denton County; and WHEREAS, the City of Denton is a duly organized MUNICIPALITY of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of MUNICIP~.LITY; and WHEREAS, both MUNICIPALITY and COUNTY are legally authorized to perform individually the functions or services set forth in this Contract in full compliance with V.T.C.A., Local Government Code ~ 791.011(e) (2); and WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to provide library services for all residents of Denton County; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2003-2004 CITY OF DENTON 791, the Interlocal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, COUI~T¥ Libraries. NOW, THEREFORE, COUNTY and MIINICIPALITY, for the mutual hereinafter stated, agree and understand as consideration follows: The term of this agreement shall be for the period from October 1, 2003 through September 30, 2004. II. For the purposes and consideration herein stated and contemplated, MIINICIPALITY shall provide library services for the residents of COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: Educational and reading incentive programs and materials for youth. Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. Outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2003-2004 CITY OF DENTON III. COUNTY designates the County Judge to act on behalf of COUNTY and serve as liaison officer for COUNTY with and between COUNTY and MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of COUNTY's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. MUNICIPALITY shall designate Director of Library Services to act on behalf of MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this agreement, and, shall provide management of MUNICIPALITY's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of MUNICIPALITY and COUNTY. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2003-2004 CITY OF DENTON MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to COUNTY's annual questionnaire as documentation of expenditures and provision of service. The MUNICIPALITY shall techniques, sequences, be solely responsible for all procedures, and means and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY stated in this agreement and give all attention necessary for such proper supervision and direction. VI. The MUNICIPALITY agrees that its library department shall assume the functions of a COUNTY library and agrees to provide a librarian who holds or secures a COUNTY librarian's certificate from the Texas State Library and Archives Commission. Local Government Code, section 323.01t(b). VII. COUNTY agrees to and accepts full responsibility for the acts, negligence and/or omissions of all COUNTY's employees, agents, sub-contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the COUNTY. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2003-2004 CITY OF DENTON VIII. The MUNICIPALITY agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the MUNICIPALITY's employees, agents, sub-contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said MUNICIPALITY. IX. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither MUNICIPALITY nor COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. X. MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, representatives of MUNICIPALITY. XII. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-565-8687 The address of Municipality is: city of Denton, North Branch Library 3020 N. Locust INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2003~004 CI~ OF DENTON servants, agents, and/or 5 Denton, Texas 76209 Attention: Director of Library Services Telephone: 940-349-8200 XIII. For the full performance of the services above stated, COUNTY agrees to pay ~4IJ~ICIPALIT¥ fees as described herein. COUNTY shall pay MUNICIPALITY fees in the amount of $1.25 per capita, for a total of ONE HUNDRED FORTY THOUSAND NINE HUNDRED SIXTY FIVE DOLLARS AND N0/100 ($140,965.00), based upon North Central Texas Council of Governments population figures provided to Denton County by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2000. In addition, the COUNTY agrees to pay MUNICIPALITY an amount not to exceed TEN THOUSAND DOLLARS ($10,000) in matching funds upon the following conditions. 1) M73NICIPALITY shall attempt to secure funding 2) 3) 4) from sources other than Denton County. Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. Denton County shall match MUNICIPALITY's additional funding in an amount not to exceed $10,000.00. Payment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and payment shall be satisfied from current revenues of the COUNTY. INTERLOCAL COOPER. AT[ON AGREEMENT LIBRARY SERVICES 2003-2004 CITY OF DENTON XIV. This agreement may be terminated at any time, as stated in Local Government Code 323.011 (c), by either party giving six (6) months advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XV. This agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY 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 MUNICIPALITY and COUNTY. XVI. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. INTERLOCAL COOPERATION AGREEMENT 7 LIBRARY SERVICES 2003~004 CI~ OF DENTON XVII. 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. XVIII. The undersigned officers 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 orders or resolutions extending said authority have been duly passed and are now in full force and effect. Executed on originals in representatives. Denton County, Texas , 2003 in duplicate by the authorized COZrNTY MUNICIPALITY By Mary Horn County Judge Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas ATTEST: By Denton County Clerk By Euline Brock Mayor Resolution Dated ATTEST: By City Secretary INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2003-2(]04 CiTY OF DENTON APPROVED AS TO FORM: APPROVED AS TO FORM: Assistant District Attorney City Attorney APPROVED AS TO CONTENT: Director, Library Services INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2003-2004 CiTY OF DENTON 9 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: November 18, 2003 Fiscal Operations Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND On September 5, 2003 the DeNon Cemral Appraisal District (DCAD) requested nominations to their Board of Directors, as the term for all the current members expires December 31, 2003. The currem DCAD Board Members include Richard Smith (Flower Mound), Charles Stafford (DeNon), Rick Woolfolk (DeNon), Lee Baker (Flower Mound), and Ben Harmon (Lewisville). On October 2, 2001, the City nominated Rick Woolfolk and Charles Stafford. Mr. Woolfolk was elected. On July 16, 2002, the City nominated Charles Stafford to fill the remaining term vacated by Mary Horn. Mr. Stafford was elected. The number of votes a taxing unit has is determined by their proportional share of the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One thousand votes are the maximum number needed to elect a local representative/nominee to the five-member Board of Directors. This year, the City has 158 votes, DISD has 692 votes and Argyle lSD has 66 votes. On October 7, 2003, Council nominated Rick Woolfolk and Charles Stafford to cominue to serve on the DCAD Board of Directors. On October 17, 2003, DCAD sent a memo (attached) to the City listing the candidates nominated by the taxing jurisdictions. Both Mr. Stafford and Mr. Woolfolk were included. They both were also nominated by DISD and Argyle lSD. In a concerted effort, DISD has requested that the City cast all of their votes for Rick Woolfolk. DISD will strategically cast their votes at a later date in an effort to get both candidates elected. Votes must be reported to DCAD by December 15, 2003. SCHEDULE Applies only to every other year: Prior to Oct. 1st- DCAD notifies taxing emities of the number of votes they are emitled to cast for appropriating board members. Prior to Oct. 15th - Prior to Oct. 30th - Nominations for DCAD Board of Directors are submitted to DCAD by each jurisdiction (via resolution). DCAD compiles comprehensive list of nominees and forwards list to each taxing unit in ballot forms. Prior to Dec. 15th - Prior to Dec. 31 st - Taxing units choose by written resolution a candidate(s). Name(s) of candidate(s) are submitted to DCAD along with the number of votes for each candidate. DCAD tabulates votes and forwards results to taxing units. The five (5) candidates with the most votes become the Board of Directors as of January 1. Eligibility Guidelines: · The selection process is set forth in Section 6.03 of the Property Tax Code. An appraisal district director must reside in the appraisal district for at least two (2) years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director. · An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. A statute relevant to the Board selection process prohibits nepotism and conflict of interest for appraisal district directors and chief appraisers. In summary, the law states that: ....... "a person may not serve as director of closely related to anyone in the appraisal district or if related to anyone who represents owners in the district, or if the person has an interest in a business that contracts with the district or a taxing unit. A chief appraiser may not employ someone closely related to a member of the board of directors". EXPERIENCE - In considering individuals to serve as directors, taxing units should look for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate or taxation. Historical involvement in local government activities also indicates that someone should make an excellent Board member. FREQUENCY OF MEETINGS - The applicable statutes require the board of directors to meet not less often than once each calendar quarter. The DCAD Board meets more often than is required by law. RECOMMENDATION We recommend that Council elect Rick Woolfolk for membership to the DCAD Board of Directors. FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXIBITS Memo from DCAD Resolution Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations DENTON CENTRAL APPRAISAL DISTRICT 3911 Morse Street, P.O. Box 2816 Denton, TX 76202-2816 www.dentoncad.com TREASURY TO: All Taxing Jurisdictions FROM: Joe Rogers DATE: October 17, 2003 SUBJECT: Candidates to Board of Directors of Denton Central Appraisal District Candidates to the Denton Central Appraisal District Board of Directors are listed below. The list is in a~phabetical order by last name. Each voting unit must cast its vote by written resolution and submit it to the Chief Appraiser by December 15th. The unit may cast all its votes for one candidate or may distribute the votes among any number of candidates. Some voting unit,s may have enough votes to elect several candidates. To share representation on the Board, several units may wish to vote for the same candidate. The five nominees receiving the most votes will become the Board of Directors. When a voting unit casts its votes, it must cast the votes for a person that was nominated and is named on the ballot. There is no provision for write-in candidates The Tax Code does not permit the Chief Appraiser to count votes cast for someone not listed on the official ballot. The candidates nominated by the taxing jurisdictions are: 1. Lee A. Baker 2. Howard Creamer 3. Wayne Gillum 4. Alisa Green 5. Ben Harmon 6. Steve Mossman 7. Richard Smith 8. Charles Stafford 9. Rick Woolfolk Lewisville SD Town of Little Elm Pilot Point lSD City of The Colony Lewisville lSD, City of Lewisville Denton County, City of Krum Lewisville lSD, City of Lewisville Denton lSD, City of Denton, Argyle lSD Denton lSD, City of Denton, Argyle lSD Since some of you may not be familiar with the process of selecting the Board, please do not hesitate to contact Kathy Williams at (940) 349-3974 for clarification and/or information on this Chief Appraiser Phone: 940-349-3800 Metro: 972-434-2602 Fax: 940-349-3801 KATHYW\SHEET~2003 ALLOC.XLS JURISDICTIONS SCHOOL DISTRICTS: S01 ARGYLE lSD S02 AUBREY ISD S05 DENTON ISD S07 KRUM ISD S08 LAKE DALLAS ISD S09 LEWISVILLE ISD S10 LITTLE ELM ISD S 11 NORTHWEST ISD S 12 PILOT POINT ISD S13 PONDER ISD S 14 SANGER ISD DENTON CENTRAL APPRAISAL DISTRICT 2003 DISTRIBUTION OF VOTES 2002 %OF TOTAL TAX LEVY LEVIES NUMBER OF VOTES $8,290,143.02 1.318% 66 $3,752,984.70 0.597% 30 $87,041,831.05 13.835% 692 $3,817,960.70 0.607% 30 $15,003,285.21 2.385% 119 $255,441,445.64 40.600% 2028 $9,521,580.24 1.513% 76 $61,389,469.48 9.757% 488 $4,758,093.62 0.756O/o .38 $5,470,554.33 0.869% 43 $6,752,008.59 1.073% 54 SCHOOL DISTRICTS TOTALS $461,239,356.58 73.310% 3663 $71,431,305.24 11.353% 568 G01 C1TIES: C26 C01 C31 C42 C03 C04 C27 C05 C30 C07 C22 C19 C08 C09 C18 CI0 CII C25 C12 C13 C23 C33 C24 C14 C15 C17 C16 C34 C28 DENTON COUNTY CITY OF ARGYLE CITY OF AUBREY TOWN OF BARTONVILLE TOWN OF CLARK CITY OF THE COLONY TOWN OF CORINTH TOWN OF COPPER CANYON CITY OF DENTON CITY OF DOUBLE OAK CITY OF FLOWER MOUND TOWN OF HACKBERRY TOWN OF HICKORY CREEK CITY OF HIGHLAND VILLAC CITY OF JUSTIN CITY OF KRUGERVILLE CITY OF KRUM CITY OF LAKE DALLAS TOWN OF LAKEWOOD VILL CITY OF LEWISVILLE CITY OF LITTLE ELM CITY OF MARSHALL CREEK CITY OF NORTHLAKE CITY OF OAK POINT CITY OF PILOT POINT CITY OF PONDER CITY OF ROANOKE CITY OF SANGER TOWN OF SHADY SHORES CITY OF TROPHY CLUB $779,309.14 0.124% 6 $328,804.64 0.052% 3 $193,891.61 0.031% 2 $31,491.86 0.005% 1 $10,868,132.84 1.727% 86 $ 5,436,978.43 0. 864% 43 $ 165,560.30 0.026% 1 $19,901,744.70 3.163% 158 $446,925.72 0.071% 4 $19,636,822.43 3.121% 156 $59,961.89 0.010% 1 $569,580.96 0.091% 5 $5,811,131.99 0.924% 46 $436,001.94 0.069% 3 $107,950.04 0.017% 1 $212,815.04 0.034% 2 $1,333,916.97 0.212% 11 $83,147.78 0.013% 1 $21,028,887.99 3.342% 167 $ 1,723,485.23 0.274% 14 $21,240.95 0.003% 1 $168,404.63 0.027% 1 $889,038.23 0.141% 7 $665,758.55 0.106% 5 $102,354.05 0.016% 1 $ 1,579,592.98 0.251% 13 $ 1,270,775.44 0.202% 10 $379,837.58 0.060% 3 $2,257,878.43 0.359% 18 CITIES TOTALS $96,491,422.35 15.336% 769 $629,162,084.18 100.000% 5000 GRAND TOTALS RESOLUTION NO. A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, hereby casts all 158 votes for Rick Woolfolk for membership to the Board of Directors of the Denton Central Appraisal District for the County of Denton, Texas. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: November 18, 2003 DEPARTMENT: Legal Department CM/DCM/ACM: Herb Prouty, City Attorney SUBJECT: Consider an ordinance amending Ordinance No. 2001-204 and Section 2-29 of the City Code relating to the Rules of Procedure to clarify Section 6.3(2-29(c)) "Presentations by Members of the Council"; correcting a reference in Ordinance 2003-235; providing a savings clause; and providing an effective date. BACKGROUND: Ordinance No. 2001-193, the Ordinance which consolidated your Rules of Procedure has been amended three times by Ordinance No. 2001-204, 2002-018, and 2003-235. Recently at your luncheon meeting of October 27, 2003, you expressed your desire and gave direction to amend the first sentence in Section 6.3(2-29(f)(3) "Presentations from Members of the Council" of the Rules to clarify that this section only applied to allow Council to place items on future Council meeting agendas. The suggestion was made to clarify this section by adding the phrase, "at a future Council meeting" to the first sentence of that section. OPTIONS: The Council can adopt the Ordinance amending the Section to clarify same. The Council can refuse to adopt the Ordinance. RECOMMENDATION: Staff recommends that the City Council choose Option 1 by adding the phrase "at a future Council meeting" to the first sentence. At your October 27 meeting, several Council members felt that the first sentence gave the impression that the Mayor or any Council member could bring before the Council any business that he or she felt should be deliberated at any meeting regardless of whether or not the item had been posted in accordance with the Open Meetings Act. Although the remainder of the Section limits such actions to placing matters not specifically listed on the Agenda on future regular meetings or work sessions, adding the phrase "at a future Council meeting" to the first sentence will further clarify the intent of this section. Additionally, the Ordinance will correct an incorrect reference to Section 29-(a) of the City Code in Ordinance No. 2003-235 by substituting the correct reference Section 29(f)(1) of the Code. FISCAL IMPACT: There is no fiscal impact as a result of this Ordinance. Respectfully submitted, Herb Prouty, C~ty Att6rney S:Our Docunlmlt ~Ordhlmlce~0 3 anlend cc rules of proc doc ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE No. 2001-204 AND SECTION 2-29 OF THE CITY CODE RELATING TO THE RULES OF PROCEDURE TO CLARIFY SECTION 6.3(2- 29(f)(3) "PRESENTATIONS BY MEMBERS OF THE COUNCIL"; CORRECTING A REFERENCE IN ORDINANCE NO. 2003-235; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 29th day of May 2003, the City Council passed Ordinance No. 2001- 204 amending the Council Rules of Procedure ("Rules") and subsequently amended that Ordinance by Ordinance No. 2003-235; and WHEREAS, at their luncheon meeting of October 27, 2003, the City Council expressed their desire to amend Section 6.3(2-29(f)(3) Presentations by Members of the Council to clarify the first sentence; and WHEREAS, Ordinance No. 2003-235 makes an incorrect reference to Section 2-29(a) of the City Code; and WHEREAS, the City Council deems it necessary to amend the Rules to clarify the above- mentioned sections; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 6.3(2-29(f)(3) of Ordinance No. 2001-193, as amended by Ordinance No. 2001-204 and 2003-235, "Presentations by Members of the Council" and Section 2-29(f)(3) of the Code of Ordinances of the City of Denton are hereby amended to read as follows: 6.3 (2-29(f)(3) Presentations by Members of Council: The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or city staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. SECTION 2. That Ordinance No. 2003-235 is hereby amended to substitute Section 2- 29(f)(1) Agenda for Section 2-29(a) Agenda wherever that Section is referenced in the Ordinance. S:Our Docunlmlt ~Ordhlmlce~0 3 anlend cc rules of proc doc SECTION 3. That save and except as amended hereby, the remaining paragraphs, sections and clauses of Ordinance No. 2001-193, as amended and Ordinance No. 2003-235 and Section 2-29 of the City Code shall remain in full force and effect. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET November 18, 2003 Legal Herbert L. Prouty, City Attorney SUBJECT: Consider the approval of an ordinance of the City of Denton, Texas, authorizing the competitive bid process for an oil and gas non-drill site/pooling agreement for the Southern portion of the Airport Open Space; and providing an effective date. BACKGROUND: There are several legal issues that arise when leasing Oil and Gas mineral interests by a city. Chapter 71 of the Texas Natural Resources Code requires that notice be given and a public hearing held for consideration of bids. The City has previously entered into an oil and gas non-drill site/pooling agreement for the northern portion of the Airport Open Space. A city may award the lease to the highest and best bidder who submits a bid or reject all bids and re-advertise for additional bids. This ordinance allows the city to advertise for bids for this property. OPTIONS: 1. The City Council may adopt the ordinance. 2. The City Council may decline to adopt an ordinance on this issue. FISCAL IMPACT: The City would subsequently enter into an Oil and Gas Non-drill Site/Pooling agreement and receive a bonus and royalty payment. Respectfully submitted: Dorothy G. Palumbo Senior Assistant City Attorney Legislative Coordinator S:\Our Documents\Gas Well DocumentsLAIS Airport Open Space South.doc S:\Our Documents\Gas Well Documents\Ord for Bids for Airport Open Space South.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE COMPETITIVE BID PROCESS FOR AN OIL AND GAS NON-DRILL SITE/POOLING AGREEMENT OIL AND GAS LEASE AGREEMENT FOR THE SOUTHERN PORTION OF THE AIRPORT OPEN SPACE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to authorize the competitive bid process for an oil and gas Non-drill site/Pooling agreement for the Southern portion of the Airport Open Space; and WHEREAS, the City Council desires to advertise for bids pursuant to Chapter 71 of the Texas Natural Resources Code. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby authorizes the competitive bid process and advertisement for bids for an oil and gas Non-drill site/Pooling agreement for the Southern portion of the Airport Open Space Park. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: November 18, 2003 Fiscal and Municipal Services Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution by the City Council of the City of DeNon relating to the issuance of taxable bonds and notes by North Texas Higher Education Authority, inc.; approving the issuance of such bonds and the use of the proceeds of such bonds and; making certain findings in connection therewith. BACKGROUND The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non- profit corporation for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans. The Cities of Arlington and Denton exercise the powers enumerated under Section 53.47 of the Texas Education Code and the Cities appoint the directors of the Authority. Under Section 53.47 the Authority may issue revenue bonds or borrow money to provide funds for the purchase of studem loans guarameed under provisions of the Higher Education Act of 1965, as amended. The City of DeNon is not financially obligated in any way. The Authority assumes sole responsibility for the administration of the Authority's studem loan program. The Authority issued its first revenue bonds for such purpose in 1979. NTHEA is requesting the City's approval of the issuance of $150 million in December 2003 and $45 million in February 2004, as they are required by law to obtain approval from the sponsoring cities for issuances of debt to finance its studem loans. The City has previously approved the Authority's borrowing under taxable lines of credit. In January 2003, the Authority issued bonds totaling $103,400,000 comprised of $73,400,000 tax-exempt and $30,000,000 in taxable securities, in October of 2003, NTHEA applied for and received approval for a reservation of tax-exempt allocation under the state volume cap of about $39 million, all of which will be used to refund its Series 1990 bonds. An additional $6 million in taxable debt will be combined with the tax- exempt debt for a total of $45 million. The allocation will not be received umil January 30, 2004, and the bond issue is planned for early February. in order to meet the purchase requests of its current participating lenders and refinance certain loans in its current portfolio, NTHEA together with its advisors has determined that an additional $150,000,000 in bonds should be issued in December 2003. These bonds will be in the form of taxable auction rate securities. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Since 1979 Council has approved resolutions to issue student loan revenue bonds. FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXHIBITS Memo from NTHEA Resolution Respectfully submitted: Kathy DuBose, Assistant City Manager Fiscal and Municipal Services North Texas Higher Education Authority, Inc. Higher Education Servicing Corporation 195o East Copeland Road · Suite 900 ° Arlington, TX 76mx (8x7) 265-9x58 MEMORANDUM TO: Mayor and Council City of Demon FROM: North Texas Higher Education Authority, Inc. DATE: November 3, 2003 SUBJECT: Request for Approval for Issuance of Taxable and Tax-exempt Student Loan Revenue Bonds As you know, the North Texas Higher Education Authority, Inc. (NTHEA) is required by law to obtain approval from its sponsoring cities for issuances of debt to finance its student loan secondary market program activities. The Authority last came to you in January 2003 for approval of up to $300,000,000 to fund its program for the next two years. We had hoped to avoid coming back to the City again until 2005, but the Texas Attorney General has taken the position that city approval is required for each student loan higher education authority financing, unless the time between offerings is a short interval. Therefore, NTHEA is required to again request approval for its proposed financings. In January 2003, the Authority issued bonds totaling $103,400,000 comprised of $73,400,000 tax-exempt and $30,000,000 in taxable securities. NTHEA applied for and has received approval for a reservation of tax-exempt allocation under the state volume cap of about $39 million, all of which will be used to refund its Series 1990 bonds. An additional $6 million in taxable debt will be combined with the tax-exempt debt for a total City of Denton2003 -2.doc of $45 million. The allocation will not be received until January 30, 2004, and the bond issue is planned for early February. In order to meet the purchase requests of its current participating lenders and refmance certain loans in its current portfolio, NTHEA together with its advisors has determined that an additional $150,000,000 in bonds should be issued in December 2003. These bonds will be in the form of taxable auction rate securities. It is for these two issuances, the $150 million in December 2003 and the $45 million in February 2004 that the Authority seeks the City's approval. The attached summary will provide you with details of the Authority's historical financing activities. Also, you may be interested to know that to date, NTHEA has acquired loans aggregating approximately $1.5 billion, of which approximately $752 million is currently outstanding. As always, the City's support is gratefully acknowledged. NTHEA is proud to be in the sponsorship of a council who believes strongly in its stated purpose of providing students access to financial assistance tor higher education. Should you have any questions or require further information, please contact: Kathryn Bryan, Assistant Secretary North Texas Higher Education Authority, Inc. 1250 East Copeland Road, Suite 200 Arlington, TX 76011-4921 (817) 265-9158 Thank you again for your interest and support of the program. Enclosure City of Denton2003 -2.doc NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES 1979-December 3, 2003* Tax-Exempt Financings: Date Type Amount Purpose Current Outstanding Balance Credit Provider 1979 Series A $10,000,000 1980 Series B 6,000,000 1982 Series A 11,845,000 1982 Series B 25,000,000 1983 Series A&B 50,000,000 1985 Series A 23,100,000 1987 Series 1987 98,000,000 1990 Series 1990 50,000,000 1991 Series 1991A-F 153,500,000 1991 Series 1991G 90,000,000 1993 Series 1993 A-D 140,000,000 1996 Series 1996 A-D 43,000,000 1998 Series 1998 40,815,000 2000 Series 2000 A 67,580,000 2000 Series 2000 B 35,000,000 2001 Series 2001 A 39,545,000 2003 Series 2003 73,400,000 Total Tax Exempt Financings $956,785,000 New Loan Purchases New Loan Purchases Refund Series A&B New Loan Purchases New Loan Purchases Refund 1982B Refinance Loans Held Under Line of Credit Refmance Loans Held Under Line "of Credit Refinance West Texas Debt/New Loan Purchases Refmance West Texas Debt Refinance 1991G Bonds/New Loan Purchases Refinance Portion of 1991 Bonds/New Loan Purchases Refinance Portion of 1993 Bonds/New Loan Purchases Refmance Portion of 1991 & 1993 Bonds and Line of Credit New Loan Purchases Refinance Portion of 1993 Bonds/ New Loan Purchases Refinance Portion of 1993 & 2000 Bonds 87,750,000 41,000,000 50,000,000 -0- 70,000,000 35,000,000 40,815,000 18,080,000 35,000,000 39,545,000 73,400,000 $490.590,000 None None AMBAC AMBAC AMBAC AMBAC Bank of America Sallie Mae AMBAC/ Sallie Mae Mitsubishi Lloyds Bank AMBAC/Sallie Mae Bank of America Bank of America Bank of America Sallie Mae Lloyds Bank *ANTICIPATED CLOSING DATE OF DECEMBER 3, 2003 NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES 1979-December 3, 2003* Taxable Financings: Date Type Amount 1986 Line of Credit $ 90,000,000 1989 Line of Credit 100,000,000 1990 Line of Credit 50,000,000 1995 Four-year 25,000,000 Advance 1996 Line of Credit 50,000,000 2000 Line of Credit 75,000,000 2002 Series 2002 155,000,000 2003 Series 2003 Total Taxable Financings 30,000,000 $ 575,000,000 Purpose Current Outstanding Balance Credit Provider New Loan Purchases and to Refinance Loans Held Under Series 1983A and 1983B ~'New Loan Purchases Interim Financing of Loans for 1990 Bonds New Loan Purchases New Loan Purchases New Loan Purchases New Loan Purchases and to Refinance LMA Line of Credit New Loan Purchases 50,000,000 -0- -0- -0- 75,000,000 155,000,000 30,000,000 $ 310~000.00~0 Fuji Bank Sallie Mae Bank One Sallie Mae Fuji Bank Bank of America ARC/Lloyds Bank Indenture ARC/Lloyds Bank Indenture *ANTICIPATED CLOSING DATE OF DECEMBER 3. 2003 S:Our Doculnmlts Resolutions 03 NT High~ Education Bond ResoD OC RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; and WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for in Section 53.47 of the Texas Education Code, as amended, for and on their behalf; and WHEREAS, pursuant to such request, the Authority has issued student loan revenue bonds or otherwise borrowed money to obtain funds to purchase student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended, and additional funds are now needed to continue the program; and WHEREAS, pursuant to Section 147(f) of the Interal Revenue Code of 1986, as amended, a public hearing was conducted, following reasonable public notice, with respect to the issuance of those student loan revenue bonds of the Authority which are tax-exempt; and WHEREAS, the Authority requests that the City approve the Authority's issuance of bonds, to be issued in one or more series, as needed, to augment the Authority's student loan program; and WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver (1) taxable student loan revenue bonds or other obligations, in one or more series in an amount not to exceed $150,000,000, during the fourth quarter of calendar year 2003, and (2) student loan revenue bonds or other obligations, in one ore more series in an amount not to exceed $45,000,000, during the first six months of calendar year 2004, for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended; refunding outstanding obligations of the Authority, setting aside the amount the Authority determines is necessary for a reserve and for operating costs, and paying the cost of issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53, Texas Education Code. S:Our Doculnmlts Resolutions 03 NT High~ Education Bond ResoD OC SECTION 2. The City of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53.47, Texas Education Code, as amended, and that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53.47(e), (f) and (g), Texas Education Code, as amended. SECTION 3. The City of Demon, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 4. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 5. It is hereby officially found and determined that the meeting at which this resolution 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 posted, as required by law. SECTION 6. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: November 18, 2003 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z03-0024 (Village of Lake ForresO Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 106.6 acres. The applicant is requesting to rezone from Neighborhood Residential 4 (NR-4) and Neighborhood Residential 2 (NR-2) to Neighborhood Residential 3 (NR-3), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), and Neighborhood Residential Mixed Use (NRMU). The property is generally located north of Pockrus Paige Road, west of Swisher Road, and south of Edwards Road. The applicant is proposing a mixed-use development that will include single-family housing, general retail, town homes, multi-family and park uses. The Planning and Zoning Commission recommends approval (6-0) (Holt being absent). BACKGROUND Applicant: Harold Holigan/Rita Beck, Dallas, TX The applicant is proposing a town center development at the subject site. The town center will be composed of parks, town homes, retail, multi-family, and single-family. The entire development will consist of 186.5 acres. Currently 106.6 acres are located within the City limits and the other 80 acres is located within the Exterritorial Jurisdiction. The applicant has made an application for a voluntary annexation of the 80 acres. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received no responses in favor or in opposition 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 of the requested zoning change as proposed by the applicant (6-0) (Holt Absent). ESTIMATED PROJECT SCHEDULE The property will be required to be replatted prior to issuance of any permits. PRIOR ACTION/REVIEW The following is a chronology of Z03-0024, commonly known as The Village of Lake Forest: Ordinance 2002-040, adopted February 2002 placed the subject property in the Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) zoning districts and land use classification. Prior to the adoption of the Development Code, the property was zoned Agriculture (A) and Planned Development 102 (PD- 102). Approximately 80 acres currently located within the Exterritorial Jurisdiction and an application has been received for a voluntary annexation. Final Plat for property has not been approved. No Neighborhood meeting was held. ATTACHMENTS 1. Staff Analysis 2. Current Zoning Map 3. Public Notification (Property Owner Notification Map) 4. Zoning Exhibit 5. Draft Planning and Zoning Commission Meeting Minutes from October 22, 2003 6. Draft Ordinance Prepared by: Wes Morrison Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant requests approximately 106.6 acre tract be rezoned from its current Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) zoning districts to a Neighborhood Residential 3 (NR-3), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), and Neighborhood Residential Mixed Use (NRMU) zoning districts. The requested zoning change would allow the applicant to develop a proposed town center that would incorporate a highly dense mixed-use development. Existing Condition of Property The subject property is vacant and is not in a flood plain. Adjacent zoning: North: Regional Center Commercial-Downtown (RCC-D) zoning district and Extraterritorial Jurisdiction (ET J) - Commercial and vacant land South: Extraterritorial Jurisdiction (ETJ) - Single-family East: Neighborhood Residential Mixed Use -12 (NRMU-12) and Extraterritorial Jurisdiction (ET J) zoning district - Future Multi-Family and golf course, vacant land West: Planned Development -132 (PD- 132) - Single-family Comprehensive Plan Analysis 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 centers are oriented inwardly, focusing on the center of the neighborhood and containing 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. The proposed town center development meets the description of a Neighborhood Center according to the Comprehensive Plan. As proposed, the main entrance of the town center from Pockrus Paige Road, on both sides of the parkway would be small service retail, with housing on the second floor. Parking would be required to be located behind the retail buildings. Following the main parkway past the commercial development town homes are planned in the development, these town homes will face an open park. The main parkway ends at the developments clubhouse, which is located at the center of the development and is surrounded by another park. Several parks are planned throughout the development. For the remainder of the development single-family homes are proposed. This proposed development incorporates all of the ingredients for a neighborhood center. (See Attachment 4) Development Review Analysis Transportation A traffic impact analysis will be required for the town center development. If Route 5 is approved by City Council the proposed Lakeview Boulevard will be located northeast of this proposed development. If Route 4 is approved the applicant will be required to redesign the site to allow for the new route. Access and Connectivity The site will be accessed from Edwards Road, Pockrus Page, and Swisher Road as well as have connectivity within the site. Public Infrastructure The currem infrastructure is sufficiem to serve the proposed developmem. sewer line and six-inch water line will serve the developmem. A sixteen-inch Developmem Code / Zoning Analysis The request to rezone approximately 60 acres from Neighborhood Residemial 2 (NR-2) and Neighborhood Residemial 4 (NR-4) to Neighborhood Residemial 6 (NR-6) would allow for six units per acre for single-family uses. The request to rezone approximately 38 acres from Neighborhood Residemial 2 (NR-2) to Neighborhood Residemial Mixed Use 12 (NRMU-12) would allow for town home uses and open space areas. The request to rezone approximately 13 acres from Neighborhood Residemial 2 (NR-2) to Neighborhood Residemial Mixed Use (NRMU) would allow for neighborhood service and retail uses as well as the multi-family uses that would be located on the second floor above the retail uses. The request to rezone approximately 20 acres from Neighborhood Residemial 2 (NR-2) to Neighborhood Residemial 3 (NR-3) would allow for three and half units per acre, the neighborhood clubhouse and the open space. Any proposed developmem on this site is required to be in compliance with the site design standards located in Subchapter 13 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 The proposed zoning change is compatible with the DeNon Plan. Staff Recommendation Based on the above finding, staff recommends approval of the requested zoning change ATTACHMENT 2 Location Map NORTH Prt posedLocat~ol Lo,f,Lake~!,! Zoning Map ET'J Scale: None ATTACHMENT 3 Notification Map NORTH Scale: None Public Notification Date October 10, 2003 200' Legal Notices* sent via Certified Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 0% 13 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Attachment 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FOR APPROXIMATELY 106.06 ACRES OF LAND LOCATED AT THE NORTH OF POCKRUS PAIGE ROAD, WEST OF SWISHER ROAD AND SOUTH OF EDWARDS ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS IN THE GIDEON SURVEY ABSTRACT NO. 1330, FROM NEIGHBORHOOD RESIDENTIAL - 2 (NR-2) AND NEIGHBORHOOD RESIDENTIAL - 4 (NR-4) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL - 3 (NR-3), NEIGHBORHOOD RESIDENTIAL - 6 (NR-6), NEIGHBORHOOD RESIDENTIAL MIXED USE - 12 (NRMU- 12), AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0024) WHEREAS, Holigan Investment Group has applied for a change in zoning for approximately 106.6 acres of land located north of Pockrus Paige Road, west of Swisher Road, and south of Edwards Road from Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) zoning district classifications and use designations to Neighborhood Residential 3 (NR-3) for that certain approximate 11.70 acre tract of land more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "11.7 Acre Tract Zoning Change"), to Neighborhood Residential 6 (NR-6) for those two tracts of land totally approximately 52.38 acres of land more particularly described in Exhibit "B" attached hereto and made a part hereof by reference (the "52.38 Acre Tracts Zoning Change"), to Neighborhood Residential Mixed Use 12 (NRMU-12) for that certain approximate 30.96 acre tract of land more particularly described in Exhibit "C" attached hereto and made a part hereof by reference (the "30.96 Acre Tract Zoning Change"), and to Neighborhood Residential Mixed Use (NRMU) for that certain approximate 11.02 acre tract of land more particularly described in Exhibit "D" attached hereto and made a part hereof reference (the "11.02 Acre Tract Zoning Change"); and WHEREAS, on October 22, 2003, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The 11.7 Acre Tract Zoning Change, the 52.38 Acre Tracts Zoning Change, the 30.96 Acre Tract Zoning Change, and the 11.02 Acre Tract Zoning Change are hereby approved. S:\Our Documents\Ordinances\03~Z03-0024.DOC Page SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. 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 5. 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 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ____ day of ,2003. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordinances\03~Z03-0024.DOC Page 2 EXHIBIT A Metes and Bounds Description NR-3 Zoning 1 t.70 Acres Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton County, Texas BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas and being a portion of a called 9.993-acre tract conveyed to said Julie K. CIark, as evidenced in a deed recorded in County Clerk's File No. 94- R0057560, a portion of a called Tract B, conveyed to Murphy Family Partnership, Ltd., as evidenced in a deed recorded in County Clerk's File No. 96-R0016035, a portion of a called 10.00-acre tract of land conveyed to Allen P. Lubbers as evidenced in a deed recorded in County Clerk's File No. 96-R0069629 and a portion of a called 9.802-acre tract of land conveyed to said Allen P. Lubbers as evidenced in a deed recorded in County, Clerk's File No. 96-R0069627, all of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at the northwest comer of said 10.00-acre tract and the northwest comer of the current city limits line of the City of Denton as described in City Ordinance Number 99-262, same being in Edwards Road; THENCE South 86059'34" East, along the north line of said 10.00-acre tract, the city limits line of the City of Denton and along Edwards Road, a distance of 196.45 feet to a comer; THENCE South 02°11'11'' West, departing the north line of said 10.00-acre tract and said Edwards Road, a distance of 817.03 feet to the point of curvature of a curve to the left; THENCE in a southerly direction, along the arc of said curve to the left, through a central angle of 44°45'45'', having a radius of 225.00 feet and an arc length of 175.78 feet to the point oftangency of said curve; THENCE South 42034'35'' East, a distance of 568.50 feet to a comer; THENCE South 47025'25'' West, a distance of 500.00 feet to a comer; THENCE North 42034'35'' West, a distance of 557.00 feet to a comer on the north city limits line of said City of Denton as described in City Ordinance Number 84-17; THENCE South 87055'33" East, along the north city limits line as described in said City Ordinance Number 84-17, a distance of 83.02 feet to the southwest comer of aforesaid 10.00-acre tract; THENCE North 02°16'53" East, along the west line of said 10.00-acre tract and the west city limits line as described in said City Ordinance Number 99-262, a distance of 1338.37 feet to the POINT OF BEGINNING and containing 11.70 acres of land. 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 boundary of the political subdivision for which it was prepared. EXHIBIT B Metes and Bounds Description NR-6 Zoning 52.38 Acres Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton County, Texas BEING two tracts of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas and being all of a called 0.942-acre tract of land conveyed to Julie K. Clark as evidenced in a deed recorded in Volume 4248, Page 1472, the remaining portion of a called 22.967-acre tract conveyed to said Julie K. Clark as evidenced in a deed recorded in County, Clerk's File No. 95-R0000602, a portion of a called 20.057-acre tract conveyed to Pockms Page Rd., Ltd., as evidenced in a deed recorded in Volume 5193, Page 1742, a portion of a called 16.0-acre tract of land conveyed to Richard A. Baria, as evidenced in a deed recorded in Volume 1329, Page 202, a portion of a tract of land conveyed to said Richard Arlen Baria, et ux, as evidenced in a deed recorded in Volume 471, Page 235, all of a called 4.75-acre tract of land conveyed to said Pockrus Page Rd., Ltd., as evidenced in a deed recorded in Volume 5328, Page 5062, a portion of the remaining portion of a tract of land conveyed to Ed Cowart, as evidenced in a deed recorded in Volume 414, Page 447, a portion of a called 4.00-acre tract of land conveyed to Chard Tanner Cowart, et ux, as evidenced in a deed recorded in Volume 4784, Page 1256, a portion of a called 9.993-acre tract conveyed to said Julie K. Clark, as evidenced in a deed recorded in County Clerk's File No. 94- R0057560, a portion of a called Tract A and Tract B, conveyed to Murphy Family Partnership, Ltd., as evidenced in a deed recorded in County Clerk's File No. 96- R0016035, a portion of a called 10.00-acre tract of land conveyed to Allen P. Lubbers as evidenced in a deed recorded in County Clerk's File No. 96-R0069629, a portion of a called 51.010-acre tract of land conveyed to Helen Elizabeth Waldrip, as evidenced in a deed recorded in Volume 816, Page 258 and a portion ora called 9.802-acre tract of land conveyed to said Allen P. Lubbers as evidenced in a deed recorded in County, Clerk's File No. 96-R0069627, all of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described by metes and bounds as follows: TRACT 1 BEGINNING at the northwest comer of said 22.967-acre tract, same being the southwest comer ora called 27.4367-acre tract of land conveyed to the Andrew Corporation, as e¥ideneed in a deed recorded in Volume 912, Page 790 R.P.R.D.C.T.; THENCE South 87°43'04" East, along the north line of said 22.967-acre tract, a distance of 238.46 feet to the northwest comer of said 20.057-acre tract; THENCE South 87055'46'' East, along the north line of said 20.057-acre tract, a distance of 383.49 feet to the southwest comer of said 16.0-acre tract; THENCE North 02°27'25" East, along the west line of said 16.0-acre tract, a distance of 584.08 feet to a comer on the north city limits line of the City of Denton as described in City Ordinance Number 84-17; THENCE South 87056'20'' East, departing the west line of said 16.0-acre tract and along the city limits line of the City of Denton, a distance orS18.00 feet to a comer; THENCE South 87°46'51" East, continuing along the city limits line of the City of Denton a distance of 292.99 feet to a comer; THENCE South 42°34'35" East, departing said city limits line, a distance of 556.29 feet to a comer; THENCE South 47°25'25" West, a distance of 135.00 feet to a comer; THENCE North 42°34'35" West, a distance of 405.00 feet to a comer; THENCE South 47025'25" West, a distance of 36.32 feet to the point of curvature of a curve to the Ieft; THENCE in a southerly direction, along the arc of said curve to the left, through a central angle of 44°59'44'', having a radius of 500.00 feet and an arc length of 392.66 feet to the point oftangency of said curve; THENCE South 02°25'41" West, a distance of219.11 feet to a comer; THENCE North 87o34'35" West, a distance of 110.00 feet to a comer; THENCE South 02°25'40" West, a distance of 520.28 feet to a comer on the south line of aforesaid 51.010-acre tract, same being in Pockrus Page Road; THENCE North 87°34-35" West, along the south line of said 51.01 O-acre tract, the south line of aforesaid 20.057-acre tract and along Pockrus Page Road, a distance of 1472.45 feet to a comer; THENCE North 02°57'57'' East, departing said Pockrus Page Road and along the west line of aforesaid 0.942-acre tract, a distance of 254.82 feet to the southwest comer of the aforesaid 22.967-acre tract; THENCE North 03°I9'34" East, along the west line of said 22.967-acre tract, a distance of 473.03 feet to the POINT OF BEGINNING and containing 40.67 acres of land. TRACT 2 BEGINNING at the northeast comer of aforesaid 9.802-acre tract, same being the northwest comer ora called Tract 3 conveyed to the Mary L. Mason Children's Trust, as evidenced in a deed recorded on Volume 4074, Page 1828 R.P.R.D.C.T., same being situated in Edwards Road; THENCE South 02023'55'' West, departing said Edwards Road and along the east line of said 9.802-acre tract, a distance of 1333.32 feet to the southeast comer of said 9.802-acre tract, same being on the north tine of aforesaid Tract B; THENCE South 87o28'35" East, along the north line of said Tract B and the north line of aforesaid Tract A, a distance of 57.37 feet to a comer; THENCE South 47o25'25'' West, departing the north line of said Tract A, a distance of 55.37 feet to a comer; THENCE North 42°34'35'' West, a distance of 568.50 feet to the point of curvature ora curve to the right; THENCE in a northerly direction, along the arc of said curve to the right, through a central angle of 44°45'45'', having a radius of 225.00 feet and an arc length of 175.78 feet to the point oftangency of said curve; THENCE North 02° 11' 11" East, a distance of 817.03 feet to a comer of 817.03 feet to a comer on the north line of aforesaid 10.00-acre tract, same being in said Edwards Road; THENCE South 86°59'34'' East, along the north line of said 10.00-acre and said 9.802- acre tract and along said Edwards Road, a distance of 425.50 feet to the POINT OF BEGINNING and containing 11.7 t_ acres of land. 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 boundary of the political subdivision for which it was prepared. EXHIBIT C Metes and Bounds Description NR_MU- 12 Zoning 30.96 Acres Gideon Walker Survey, Abstract No. I330 City of Denton, Denton County, Texas BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas and being a portion of a called 9.993-acre tract conveyed to said Julie K. Clark, as evidenced in a deed recorded in County Clerk's File No. 94- R0057560, a portion of a called Tract A and Tract B, conveyed to Murphy Family Parmership, Ltd., as evidenced in a deed recorded in County Clerk's File No. 96- R0016035, a portion of a called 51.010-acre tract of land conveyed to Helen Elizabeth Waldrip, as evidenced in a deed recorded in Volume 816, Page 258 and a portion, all of the Real Property Records of Demon County, Texas (R.P.R.D.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at the northeast comer of said Tract A, same being the northeast comer of the current city limit line of the City of Denton as described in Ordinance Number 84-17.; THENCE in a southerly direction, along the current city limits line of said City of Denton, the following: South 10022'22'' East, a distance of 354.20 feet to a comer; South 04025'56'' East, a distance of 69.22 feet to a comer; TEHNCE North 87057'29'' West, departing said city limits line, a distance of 89.56 feet to the point of curvature of a curve to the left; THENCE in a westerly direction, along the arc of said curve o the left, through a central angle of 44°37'05'', having a radius of 130.00 feet and an arc length of 101.24 feet to the end of said curve; THENCE North 42034'35'' West, a distance of 115.00 feet to a comer; THENCE South 47°25'25" West, a distance of 519.64 feet to a comer; THENCE South 42034'35'' East, a distance of 185.72 feet to the point of curvature of a curve to the right; THENCE in a southerly direction, along the arc of said curve to the right, through a central angle of 44°34'20'', having a radius of 75.00 feet and an arc length of 58.34 feet to the point oftangency of said curve; THENCE South 01059'45" West, a distance of 398.37 feet to a comer on the south line of aforesaid Tract A, same being in Pockrus Page Road; THENCE North 87035'55" West, along the south line of said Tract A, aforesaid Tract B, aforesaid 9.993-acre tract, aforesaid 51.010qacre tract and along Pockrus Page Road, a distance of 1167.33 feet to a comer; THENCE North 02°25'40'' East, departing the south line of said 51.010-acre tract and departing said Pockrus Page Road, a distance of 520.28 feet to a comer; TEHNCE South 87034'35'' East, a distance of 1 t0.00 feet to a comer; THENCE North 02°25'40" East, a distance of 219.11 feet to the point of curvature of a curve to the right; THENCE in a northerly direction, along the arc of said curve to the right, through a central angle of.44°59'44'', having a radius of 500.00 feet and an arc length of 392.66 feet to the point of tangency of said curve; THENCE North 47025'25'' East, a distance of 36.32 feet to a comer; THENCE South 42034'35'' East, a distance of 405.00 feet to a comer; THENCE North 47025'25'' East, a distance of 690.37 feet to a corner on the north line of aforesaid Tract A, same being the north city limits line as described in said City Ordinance Number 84-17; THENCE South 87028'35'' East, along the north line of said Tract A and the north city limits line, a distance of 483.42 feet to a comer; THENCE South 88012'56'' East, continuing along the north line of said Tract A and the north city limit line, a distance of 13.60 feet to the POINT OF BEGINNING and containing 30.96 acres of land. 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 boundary of the political subdivision for which it was prepared. EXHIBIT D Metes and Bounds Description Mixed Use Zoning l 1.02 Acres Gideon Walker Survey, Abstract No. t330 City of Denton, Denton County, Texas BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas and being a portion of a called Tract A and Tract B, conveyed to Murphy Family Partnership, Ltd., as evidenced in a deed recorded in County Clerk's File No. 96-R0016035 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at the southeast comer of said Tract A, same also being the southeast comer of the current city limit line of the City of Denton as described in Ordinance Number 84-17, said comer also being in Pockrus Page Road; THENCE North 87°35'55'' West, along the south line of said Tract A and continuing along said Pockrus Page Road, a distance of 551.34 feet to a comer; THENCE North 01059'45'' West, departing the south line of said Tract A and said Pockms Page Road, a distance of 396.37 feet to the point of curvature of a curve to the left; THENCE in a northerly direction, along the arc of said curve to the left, through a central angIe of 44°34'20'', having a radius of 75.00 feet and an arc length of 58.34 feet to the point of tangency of said curve; THENCE North 42°34'35" West, a distance of t85.72 feet to a comer; THENCE North 47025'25'' East, a distance of 519.64 feet to a comer; THENCE South 42034' 35" East, a distance of 115.00 feet to the point of curvature of a non-tangent curve to the right; THENCE in an easterly direction, along the arc of said curve to the right, through a central angle of 44°37'05'', having a radius of 130.00 feet, a chord bearing of North 69°43'58" East, a chord distance of 98.70 feet and an arc length of 101.24 feet to the point of tangcncy of said curve; THENCE South 87057'29'' East, a distance of 89.56 feet to a comer on the aforesaid east city limits line of the City of Denton; THENCE in a southerly direction along the city limit line of the City of Denton, the following: South 04°26'01'' East, a distance of 428.12 feet to a comer; South 00°00' 13" West, a distance of 315.27 feet to a comer; South 02°21 '34" East, a distance of 165.27 feet to the POINT OF BEGINNING and containing 11.02 acres of land. 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 boundary of the political subdivision for which it was prepared. FROM : GTGM~JG- Nov. ~S 2003 10:2?AM FAX N~. : 948 68G53aB Condenser TM Page 61 I U~-4It3}x. NTIHb. D SPI~AK£R: YOU $!1011ld have 2 us thal at thc vm-y begitming of fl:c mc~fing, I CQMMISSIONgR MULgOY: okay If we'll 4 hack to tho business ar hand. Wes, if yuu'll present, 5 open up thc case, plm~e. 6 MR. MO~ISON; One second, sir. Thank yon, 7 The applicant is r~u.sting tonight a -- lho applican~ iS 8 ~uesting m ~zon~ -- ~ C.i')MM[SStONER MULROY; For [h~ attdlence. 10 wc'm waiting l~r tim doors ~ b~ ¢los~'.. l]~e re>isa re ] 1 subside. Okay. If yon'Il, comiatm, pleas¢, Wes. Sorry 13 MR MORRrSON: That'S O1Gty. Thai~k you vct7 14 much, The applicant ia requesting to ).¢zonc approximately 15 !06 acres fi'om N~ighborhood l~sidcnfia[ 4 and Ndghborhtmd 16 Residential 2 to Nclghbor.bood Resi&allnl 3. Nei~ixborhood ~7 Resid~ria[ 6, and Nc~hborJ.~ood ResSdemiai Mix~ Usc 12. 19 MR, MORRrSON: 106. 'lhe ero~cr~' is 20 generally !oca~ m;rfl~ of Pochx~s Page Road, south of 21 gdxx, ards Raad~ and ~,st of Swisher, Overall: th~ app]icant 22 is proposing to develop ~be sim as a single-Gmily, 23 general retail, townhomos, nluhiq'muily, and park arcs. 24 Thc ag(itel OVm'all concept plan of lite gila 25 will include 186 ac.t~s, bcn as ,:1' right now only 106 of Page 62 iN)se -.cms are Ioeared within rt~a City. Tho applkant 2 has also made an applicaicn m ann~ fi~c remaining 80 3 acres of this site. So tcnigN, we're ?tint ioold~g at ~he ) COMMISSIONER MULROY: okay. T]16 l~ason 6 -- ifs styl~l as 186, bt~t fi~e individual case dacs 7 106, ,>asr ~br fi~e 8 MR. MORRm~N: okay. Tlmnk you vmT much. 9 Likc I've sk~d, the appScant is proposing lhe 10 smgl¢-I'm~i]y, genre'at retail, mn[ti l~mi]y, tawnhomes. l~ a~d pm'k us6s all Iooatml on this site. 12 At this lilll¢, staff has ~oJvcd {we 13 I~s in thvar of this request, This request is 14 consistent wkh thc ~nton ?tan and thc sul~oundh~g area. 15 Ti~araf0re, we recmnmend appnwaL 16 COMMISSIONER MUUROY; O~ay, Thank you. J 7 And is thc applicam hm'o tonight? ~ MR. MORRISON: Y~S, 11~ 19 COMMISSIONER MULROY: Ail right. Sir, if 20 yau'll smd Y0l~ nan:~ and ad&'ess, ~Imse. 21 MIL DAELSIROM: YeS, sJY, My r~a~o i8 Bill 22 Dnhlg2~m, 901 Main Stre~. I'm hm'e ~teneming Hollgan 23 Inwsm, onl Group. And width J.no Io~dght arc Harold Ho]jean, :2a Michac~ Holigan ~vlth Helicon hwcs~;ct~t Grot)p, l~ita 25 with tho Helicon hwostm6nt Group. ROd Zitky iS om 6 7 8 9 r0 12 13 14 I5 !6 I7 18 19 20 21 22 23 24 Page 63 engineer. He is here, :.ts well. It traly is a privilege to be hcrc tonight repz'eserttJag thc Helicons on this prq~ect, Wc d~ink will scl a standard fei nec-traditional development in the City. %~at wc are proposing is tt~l.y a neo-h'aditiona! type development that contains many of the trails, traditional &velopment standards that you would expect find m a nco~tradigmal development, mixed usc, mixed density, mixed housing types, pedestrian oden~ati0n, Focus on an urban ccn~r~ a park center, But before I gc~ into t.hut, I wanted to describe it, ~xe propcrey that um'm t~iug ca~* be perceived to be somewhat of a problen~ property, First of all, in order re put this prq[ect together, HeliCOn Investment Group is aggregating 12 different sites, And what you .~e on thc screen in front of' you is a delinemJon of the different tracts oF land. 1~ shaded areas are so[side the Ck.y. ~xe white areas are inside the City. So we've got a lot of different moving patna as far as just putting thc propm-~y logeth~, As lkr as the physical condition of thc property, parts of 11~¢ property need a lot of cleanup. And these are some of tl~e phot(;graphs of what the property cogently looks Parts of lhc property, not ~- it's actually a very beautiful tract of [and once you get beyond some of Page 64 I Again, wc'm proposing to take t!~ site 2 de a nco-traditional dm'dolnncnt. I'd like m fimnk staff 3 for fl~e professional assistance m helping us work fl~r0ugh 4 thc Dcwclopnmn~ Code and complying with i}:e Comprehensi~ 5 Plan. We !rove filed the zoning change ~or the 106 fl Our total prqie~t is 186. We have r~.t~st~<l mmexation 7 tho t~naining acreage. Se weW~ got multiple 8 ~lkqt will i~e coming b~'ore you ov~ fl~e n~x~ few man~hs~ 9 Toaighs is the zonit~ for lh~ firs{ 106 10 We have snbmit~ a preliminar7 plat I I ot~r firsl phase 0l' development. So Offs ia act a 12 speculative dcwclopmcnt, by any means. We've acntally 13 submi~ed a preliminary ~laI akmdy. WeWe suB:niXed 14 general development plan. We have requested ann~ation 15 and wc arc proposed to move fmmard with file zonhlg on 16 tho~= pr0pm ti~ tha~ ur~ to b~ annexed, 8o you'll b¢ [ 17 ax4ng a lot of us eyre' thc next f~ months. We, again. :18 are proposing a n~-tradltlonal d~elopment, A high '19 qu~li~, mix~l n~e, ndx~t d~]sily, one tha~, again, has '20 tho general patterns of a tradigonal dcvclopm¢nL '21 This prop~ty was site planned by ~22 En~iroscape which is a division of th¢ ~vans GrOUp. This !23 is significant. D~c Evans Group is eno of thc designers ~2~ of Celebration in Florida. ]25 COMMISS[ONF. R MULROY: Mr. Dnhkh'Om, PLA'NNI[NG & ZON'fN'G COI%~MISSION OCTOBER 22, 2003 Page 61 - Page 64 Condense. ItTM Page 65 I mighl want to move that a littk bit Je~ekey dual. The 2 other way. Them you go, ~aank you, sir, 3 MR. DAHLSTROM: Yrs. Tnm, k you. This q project was d~signed by Envimscape which on~ of the 5 designers of thc lan&~:ark deve[opn~nt, Celebra4on, in 6 Florida~ Th~ have tmnlendous expcrici~cc m 7 neo-tradkimml development, ~cy know wh~t they' 8 doing, ~ey'i'c one of r, he nadon'~ leading p~alm~ng firm~ 9 in nco4.radRional ~ve[opmcnL Th{s whole dcvch)pmcnL lO ~a{n, is ~signcd ~br mixed use, pedcstriai~ orienlarmm bc our ~mfl component with rem[[, Erst floor offices, nl~ybe res.[~nfiai~ multi-family ~ fl~e secand S~oul~ded by what we propose ~ be our developmem. Our central park, ~aiu> literally right 16 thc middle of the property. A ni~ view corddor fi'om thc 17 retail o~ce into what wc consider to Be ~he focal 18 of ibc dcvclopmeat surrounded by singlc-L.m~ily ~n ~19 d[ffemm dcnsi~icg. 20 Again, it's a traditmnal lm~d development 21 concept whom you p[lr hi~ler in[vnsity type of uses 22 gt~nouuded by lower i~Jr~nsky uses an transitmna[ uses 23 smgte-f~mily ms~nciai. That's exactly whm the Evans Group has do~ with this ~v&opnmnL ~'lls dcvelopmeBt 125 ~lso will service l~ot .j~lsr whm we're doing mz cur 3 4 5 6 7 9 14 15 17 2O 22 Page 67 neighbm'hcmd, much like we've done here. These nelghb~>flmods will exemplify th~ lurer-relationship berw~n qaaliw d~zlopmum, deosiW, previsions, mad proviSiOn fox' ad~uam 'fhcs¢ d~vekopments should loca~ thc of thc neighborhood within a five to mn-minute cf'[~xztlvely has dorm. The cotlter col/tail, s USO~ n~eSsary yOU ;ufght have h~rd the word sustainable, Thfs suaainabie development ia r~ms of a pm'son being able tlmir office, obviously walk t0 rec~afion, as well. Rcsldontial usus may occtu' at higher densitZs with townhmncs or t~sideadul plats ahoy0 se~ice-ol'iant~ uses, which is what wo'm proposing. including ccnlral neighborhood ~ns and praq~vatMn, a~at'~ effmtiveIy wha~ wc have here is a cen~al ~11~ gS riley 2sed 1o be known. Under II~e neighborhood emmnercial uses, f0Ct~S is to develop aedvity cenm~ wha'e commercial and ~hcsc professiot~al offices and public faciliEcs arc Page 66 I dcvclogmcut, bm what's happenh~g in tht: surrounding area. 2 ~o {t'~ more Of a conmluniLy-typ~ devdOpmenL ag wall. 3 Live/work r¢sidcntiat units are what 4 proposing on rep of tim retail in this locution, I 3 mention~l lhe townhouge and the ~arymg denxitiet Tile 6 propos~ dcx'oiopmun~ will have 14 arms o1' park and ? space. Any inmgml elmnent of a nce-tradiliona[ or ~i pedestrian-orient~ development wil~ have the {~pen Space I ] We believe ~hm'¢ m~ several masons for 2 approval of this..~ain, ifs a vew 3 well-plama~l dex,elopm¢~ desig~;~ by a nati~ually r~oown 14 pla~ah~ Chin ~t combines thc senskal re'ban dcvctopmcnr 5 concepls, thc n¢¢-n-aditioud concepts fl~at sitpport new J 6 urbanism, ~:~ n~ighbahoods. This is a grcm cxa:npl~ of 17 whal: a now uc~lborhaod, nay conmmniw dcvdepnicnr will i 8 be. 19 'FhJs is s[mcifical]y snpported by 20 Compxehen.~ive Plan an mm~ero,~ aumsio:~s And I'll def~-r 21 re ~he Comprehensive Plan on a coup]~ of points hero, 22 Neighborhoad Centers, fl~is al~ is deslgnat~ a.~ ~ 23 Neighborhood Cruller in your Comprehensive Plan. This 24 states mixed use and mixed housing types will be allOw~i Page 68 out of the C~ry's Comprehensive Plan, Wh3u providing 2 serb. attd ctmvenlant p~e~ian acres.a, which nguiu is what 3 wc'ro promoting wire lilts dwolOpnlOllt, arid to locam 4 neighborhood-oricnl~ cmm~crcial activities conveniently 5 te dwelling units m order to minimize lhe n~t ~or 6 fl'~iucm' aumnlobilc n'i~s ikon. evel'yday housdmld n~. 7 In ~is l'egard, this ~e of deve!0pm~m, 8 much l~ke is s¢t. {brth in your Compm]mosJv¢ Plau, is to 9 dckm' urban sprawl by discern'aging thc usc of the /0 automobile for ~m'yday t.dps. Fo~ c~ampl< Mpa m 11 retail, trip~ re thc office, ~iea re parks. 12 Tim C¢nprehensive Plan also says lbo 13 Neighborhood Cemer development is r~i:'ml Io assure 14 varig' of }iou~ing wiflfin any n~v dev¢lopmcm. Agaim 15 dmt's what we're Drarnaring with a~is development. 16 is what we're prepa~iug, neo-~adifional wifl~ mix~t uses, t7 lnUlripte nneg, mixed densities. 18 Th~s plan d~s satist~ the City's 19 C:omprO~cnsivc Platl while being .qousidve 19 the 20 envlronnmntal chm'actcristics, tl~c v~tlon on the 21 prep~'ly, a~ w¢11. It's aur proposal ~o prcsmx, e as many 22 u%es as possible {m ~c properS. Thm'oforc, in otgct' 23 develop high qua[%, p~ostrian-oriented dev~opm~trs wifl: 24 I'h~c nco-traditional ri'ails, maimain ~e sense oF 25 pm'Sonal spa¢~ flnat wo sc~ with Otis dcvclopment, provide PI.ANNING & ZONING COM1VIISSION OCTOItER 22, 2003 Page 65 - Page 68 FROM : GTG~O~G Nov. DS 2005 10:29AM FAX NO. r~sitl~!!tlaL and tO cie:ate a tr/_te aeighborhood 4 nm~-traditiona! development on 1 afl acres. 7 Eke rO come ~brth wi[h ~he acme[ d~elopcr's pcrspccdvg 8 On what ir iS we're wring to do 9 COMMISSIONER MULROY~ O~ty, I.ius[ wan~ 10 r~nind you, you've u~ up ~mfi:irds of yom' that. I ] MR ~AHLSTROM: '~hank you. 13 Roligan Inx~gshn~nt (irot~p m~(] ) am -- 14 COMMiSSrONER MULnO~: Ad'eSS. please. 16 DaRes. AadI'i~b~soFllbequick~aian Bill. I 7 won't Iisi too tong on [his, But we hay: b~n dev¢loph~ 9 coavendonal b'pu of subd[visJoas thai you s~ soutk of 20 this prqimr, wha*c Syntax is. And over thc past year, 21 my ha:m' and 1 have spent a !o~ of tinm in a lot of mwa 22 cent,s and ~B~r~an tow:l conlm's t'rotn Celebration 23 Orlando anti Wiul~r Park, d~e Soufl~tak~ Town Conmr. We 24 off/cc di~mfly across from thc Addison C. ircl¢ Tow~.~ Ccnm~' 25 ?age I your presentation'? Okay. Questions'? Conunissioner 2 Johnson, please. 4 On this drawing ihar you've got up thee, ~dwards Road. is 5 that tho On9 on tiao noah? 7 g COMMISSIONER JOHNSON: Alld P0C~$ Page iS 9 on thc soulh and Swisher is -- oM~y. Now, on a different 10 cheil tlmr 1 have hm'e or laymu, i have Lak~ood 11 Bmff~ard drawn in. Have you looked at fl~e Mobiliv Plan? [ 12 M~, D.&~LSTROM; S~r, We'Ve bcoll advised 14 through our properly, W~ am supporl:iv¢ of that ff that's 15 th~ direction tim Ci~ wouM llke m ta~. We wmfld 16 design lhat ~asl~n pordou of our d~vdop~n; ~ ' ~ 7 acc mmnodato ;hat. ,l 8 COMMISSIONER JOHNSON~ ~O yolt are aware 19 that tlmm is al kast a pos~ibiliw? 21 COMMrSSION'R.~ JOHNSON; O~y. i 22 MR. DABLS'fROM: eLI dial Sam~ nOr~. what w9 24 wc~r~a edge .qo Ottr phasing is ~ 8o that way so i1 would fit p~'fecfly widx Om' Schmkding, Page 701 1 And we've rea!]y fallun in love with 2 coacept of fairing a ~ubdiv~slon and mixing ir lip and 3 havi;~ yom' rownhomcs and having ymtr rctai[ and having a 4 way for people ia thc subdivision to he able m walk ta an 5 ice cr~m StOre or to 8¢ a cup of col'l~ or ~o go pick Iq> 6 some light ~-ocerieS Or pick np fl~¢ir dry cloning, And 6 ~ tee co~c~p~ is nay for us. We're currently doing fl~is one 7 5 Jn a projmt in San Antonio add a pro]~t in NashvlIlc, 8 9 all u~dur ~l~c same oonc~t, lo mi~ ;he uses, and really 9 10 build a nm~ll town thom inside that dcvaopllmal instead 11 of a bench a row houses thru. ox, my fifth one has dmt same ]3 it is differeat, And we've really s~n exoJ~emoat frmn 13 '] 4 tho bulktc~ conununi9,. Th~'o's nothing like tt~is in thc 14 i 5 mcu~plm ri~a now and the build~ love the ida 0f ! 5 16 being able to conmm Denton. 16 17 A lot of ~'o~ going on, a let of f~[~e 17 21 ~S, irs ~5, dil'l~nt and it's exciting and it's geed 23 (~MMISStONER MU'tROY: okay. Thank yen 23 24 MR. HOLIOAN: ThallkS. 24 2~ COMMISSIONER MUL~OY: D~s lhat coIlclttdo Page 72 COMMISSIONER KU. iNSON; ']'il2rlk you. COMMISSIONER MULROY: Mr. P0woll, COMMISSIONER POWELL: A C~Upla of questions lust for an old cop: what d~s nco traditioaal m~n? Yot~ mearion~ it an awful M~. OaBLSTROM: well., as is s~al~ in Comp Plan, :l~-traditlonal iS "a lot of poopk ~'efcq' to il as the new urbanism, baa5Ca]ly mkiug fl,~ traits of old neigEbmhood and dowtxmwn small ~wn d~oplnenr mid rath~ than doing ~1~o 1.ypical lmcI Wpc of developmem, mcorporatiug somg of those same 016 coac~tS into a new tract of land, a new devetopmcut COMMISSIONER POWELL: Thank yom That'~ about wha'c [ was with it but i want~l m make ~um w~e on the sam~ page, Second question is, do you have conk'al ox,ce ali thc land tha~'n ~hown h~e MR. DAI.I[.gTROM: YGS, Sir, Ifs my undcrstandlng wa have control. We either own it or bare it all ~lnder conlract. COMMISSIONER POWEL[.: Thank you vc~l COMM1SS[ONgRMULROY: Mz' Roy. COMMISSJONE.~ ROY; [ rm~li~ these arc ~rly drawings but what was in our backup package add PLANNING & ZONING COM2VlISSION OCTOBER 22, 2003 Page, 69 - Page 72 FROM : GTGMOJG- Now. 06 2003 10:29AM Pi9 FAX NO. : 940 6865348 Page 73 2 lh~nking, this one or ~b~ on~ wc have? I ~ss hmkm~ at the area just south of Edwards Road. And 6 here. 7 MR. DAHLSTROM'. Wh&[ ~O~ hart is thc most 9 COMMISSIONER ROY: Ok~, SO ~hat I ~ MR, D.&~'}LSTROM'. Ycs~ sir. ~2 C:OMMiSSiONER ROY: And what is alo~g 13 Edwards Road? It says 50, 50, 60. ~at does thai mean'? 14 MR. DAHLS'I'ROM: Those would be' thc 15 si~gte-fami[y lots, the wides of the lots thu[ 16 propo~d for thai 27 COMMISSIONER ROY: SO l~at. would bc i 8 s~ nglc- fatuity lots atong Edwards Road. ]9 MR. DAHLS'f'ROM: COfl'gCt, yes, sir. 20 COMMISSIONER ROY: Atld f~le Same down m Poe~us Page~ that 50, 22 MR. DAHLSFROM; l']~ J.S eon'eot, But, :23 ~aJ.n, fl:.ey' are all oriented in fee development ~acy'm 24 not oriented towcrd Pockrus Page or award Edwards~ 25 COMMJSStON~R ROY: 'lhank you. Page 75 1 COMMISSIONER ROt': ,~ COMM[5,~IOND, I,[ MIJLROY: r'~n. sorry, 3 ~'. WilJlmm~ J(~ Roy -~ ConuuissJoner Roy has a qtmsrjoo 4 ef you. 5 COMMISSIONER ROY; Sir, I didn*l catch wh~t 6 company and what type of business. And would yot.t show 7 wh~-e yea are about Io ~ MR. WtLLtAMS: I bclJovo we're right here. 9 I'm pretty s~ we abtU thc prop¢-ty riEht here. aQoin lO ~hc propm'[y rfgl~t h~'e, 11 COMMISg~ONEg SOY; Okay, And 8o you're tim 12 acm,, bak~ company that's coming ~n. 13 MIL WILLL~MS: YGS, Flours Baking Company. ] 4 COMMISSIONER ROY; And sO y0u'm just [5 pointing out that you're go~ng tc be there and l 6 8o~n8 tO have an opcmtbn thm'c. t 7 M~ Wm,.tAMS: we're going m start off ] 8 pm~ small, Titan we ~pcct to grow and -- ~ 20 microphone, sir, 21 MR~ WILLiAMS: WO*IU ~xp~tJng to -- 22 initially, wc't% going to bo fah'ly small but 23 capturing to grow, provid~ ~ lot of jobs, But we're going ~24 Io be a 24dnour ~ day op~'afion. We'ce going m have ~ 25 tnmk~ coming in and our, santo equipnmnt outside that Page 74 ! MR. DAHL,S'fROM: Yes~ 2 COMM[SSI()NER MLfLROY: Any further 3 questions? Okay. DO we trove -',ny ca'ds fi'om the public 4 who wish to speak? Ttmnk you, Mr, Daln]strom, I have 5 Mr. R~ck W[!l. iams, And then next would be Rick Baria, 6 you'll coln¢ down on board, please. 7 MR, WILLIAMS: ii'In Rick Williams. l'm thc g Flours Baking Company. 5) COMMISSIONER MULROY: woll]d y02 g~vc us 10 your ad,ss, please, sir? [ ! MR. WILLIAMS: aRl0 2dwards Road. We ! 2 adjoin pan oi' this pmpcrty. We're kind of neutral on 13 ~l. I came i:~to it real late in rhe game. We've just 14 takcm possession of the prope~y Mm~day, lan nol sum 15 y'all arc ~m~tiar with our operation. We am a 24-hour a ~16 day opcratkm+ Wc'm going ~0 have tacks, you know, and 7 sane diffhmt kind of noises go/:*8 ~ in the middle of ~g the night m ~his ama 19 Like I said; we're not for or against this, 20 but we just wanted you to kt~ow we're happy to be in this 21 ama bul wc want Co be a good n&ffhbor a~d these are some 22 of the things thor, yoB k~ow: wc may have to contend with 23 itu tim fut.~c, ~24 COMM18SION~R MULROY: okay. Thank yOLk 2~ Mr Willim'ns, Do you have a ques6on? Page 76 1 make sonic noiso. Anyway. We just wantcA tow.~keyou 2 aware of what we woutd tlc doing ova' in this ama 3 COMMISSIONER ~OY'. okay. Thank you vm'y 4 much. 5 C:OMM[SSIONER MULROY: Thank you, 6 ~', Williams, 7 Okay. Mn'. Baria, if you'll come ~o 8 mictx~phmm. A,~d, W.E. Bucka[~', will be on board, plc~se. 9 ~l~. e~: My name is Rick Baria and i 10 live at 5t38 Edward~ Road which ts. I guess, approximmcly I I right in hm~. I guess I want to say first ~al I'm in 12 Ibvo), I%¢ done a I.iltl¢ rcscamh about flx~ kind of 1 t 0~ings that am helng built hez~ in ~nmn and i think 14 flat ~e iloligan (kmtp is showing some comngc ra take 15 ttmt piece of Land and lhose various li~lo ~mal[ ir'acts, 16 santo af which l~vc ban abus~ and tmsh~ out, and ~ 17 it into mmmthing fiat's an asset for the CiW. 18 I ~iuk the other thing is 19 landscape amenities, even ma'ugh ~lm~*e's high~ .20 and fl~ere's parks, w~lkw~y~ rr~s. And I met wkh ~21 Mr. ~ol{gan nmi lalkml to him about his plm~ and he's 22 planning tc Start ~ Ettle ~ lo1 even and ~aasplant 23 semc ~r~s, mkc cam of those. And as far as wha~ thc 24 CiW gms onz of fi. ~2~e hi~' ~nsiW and dm mixed usc 25 means flat p~pl¢ Can t~lk tO a neighborhood 8~vice. a PLANNING & ZONING COMMISSION' OCTOBER 22, 2003 Page 73 - 'Page 76 FROM : GTGMDJG- Nov. 06 2003 1G:30AM P20 FAX NO, : 540 GBG5348 Page 77 !:lite gregory .~to:'c or niayN: a doc~or's o/'fk:~ or 4 And ~o ~b~ norl.h, tho zoning h~re I b¢li~o 5 is 12 uni!s ~o an acre, I don't know {f it's NR-12 Or 6 N~U ]2 r'm not SUr~ ~x2ctl~ ~h= d~signation. Bu1 it ig 7 apartments. And I ~Nnk fha tho don~J~, 0~at th~,'r~ ~ asking i~ ncr unreasonable. And I guess, finally, Fd say 5) tvs a big upgrade tbr dto City and I'm m ihvnr <][ h i0 evmi thotigtt I'll be a neighbor. Tliink you. ] 1 UOMMfSSION~ MUCROY: All righh Thank ~.12 you, Mr, Sar{a, W,R, ~tickalew. ~ J 3 MR. mJCKAL~;W: W~ mickabw. I 14 COMMISSrONER Mm. ROY: uuckalew ~cuse me. 15 MR. BtJC~LF, W: 27f~5 t'R ~16, which ig going 16 to bc b.~ fills tcact right hmo~ My lm~d is rlgh~ now 18 approach~ me aborn buying my piece of propmW and 1 was I 9 v~y rhvorabb with 01air d~elopnmn~ on this. Because 20 ~i~ ig pm~ rough pfop~, if yea go out them and 21 look at it, This was h~ land. They had ~raced it and 22 so thc'ye have some mevc~mnt of din problems there. But 24 wail. 25 Now, cue thing J:uvlhev, :he comment was Page 78 1 brought tip '-about this plant next dOOr. This is the oki 2 Andrew Corporation, And t was with Andi'ew fbr 1 8 years 3 I)efbre I mdmd, Nothing could be worse tt~an An&'ew~ 4 %ay ml~ a sheet metal plum a~cl a wetdJ, ag shop over ~here 5 and they xvere weld'tnB towecs, They originally, they ran a 6 24-bout system, too, a~d fl]ey used to delight i~ dropping 7 all the steel scrap in the b.oppers at 10:00 o~dock g beca~ r.tlat's w~n the noise ordinane~,a co,lie in. So 9 tease people should not. ha~¢ a problem, especially a 10 bake~7, How can you get noisy with a bakery? And so l 1 ! rllink it's going io work out yew well and I a:m definitely 2 J.a favor of this project. ]'~ak you you' much, 13 COMMIRSIONER Mt~'LROY: Thank you, Sir, lk)r 14 coming down, Okay. There's no other cards th, people to 15 speak and I'm going to close tee pub['[c hearing at thlg I6 dine, and open up tfm floor to a motion or discussion~ 17 Mr. Johnson. 1 g cOMM [SSIONf~R ,lei. IN'sON: i'[[ ]x~OVd apprOva]. 19 COMMISSIONER POWELL: l'll ~cond, if I 20 may. 21 COMMISg!ONER MULROY: We ha~e a motion by 22 Mr Johnson and a second by Mr. Powe]l to approve. And 24 COMMtSSIONE!{ ROY: I'ni Earing a hard :imc 25 fmdi~ anyxhS.ng negahve [o say about ¢li.s o~e, k tookg Page 79 1 like that it's very mucl~ along tht: tines o£ what wu're 2 I:~'ying to accomplish m the Dunton Plum ~t'$ infil! 3 Ndghbors don't seem re be upset ~ibout il..~ looks like 4 a win-win sit. aa~km. And t'm, of eo~r~, concerned ab0ur 5 tl~ roads but I know our sys~cm is such thai we% ~aiug 6 to have tho roads upgraded and ~e developer is going to 7 have to pa,Xicil>ate in that as pe~' the Co~, as both 8 Edwards R,o~ and Pockrus Page am nowhere oear the 9 capability [(~ hamlle Chis ~ralhc and all thc other 10 developments goh~g in ~he area, go Ib~ going to be voting I/ Jn favor of the motion, COMMISSIONER MI}LaCY: Thank yau, Mr. Roy. Any further cmmnentg'? 14 COMMISSIONER POWEIJ..t YeS, Sir. 15 C()MMISSI(.)NF, R MULRO¥: MP, POw~[I COMMIFIS1ONEI[ POW~LL: Thank you, sir. I 17 can't help bul notice hew close this is to the interesting ~ la !our or 12vt public !~¢arings we had On that other road to 19 the east. I suppose tl~t City Coundl will be t~ing ins 20 ~velopnicnt into c(mskkration whm~ they make a final 2I ~cision on that at the next and final public Mating. 22 'l~ank you. 23 COMMISSIONER MULROY: 2liank you, 24 Mr, Poweil, Mr. Strange. 25 COMMISSIONER STi~NGE: [ think ow~al) Pm Page 80 1 in favor of it. I think I'm a little bit conuerned tkongh 2 a,.a -- ;'11 Iry la uso thc right word, neo-u'aditional lo 3 me would bc moro of a bbnded use, and i~ s~ms to me that 4 ha~ we've gone to 2 thirly intensive land uso with 5 NR-6 and as lllllgh Of l~e NRMU-12. But I reaJJz¢ it'S a 6 tough piece of land wi:eh you gel ~> density but 7. am 7 COlicemed with t~e traffic as to tln~ density that 8 looking at h~e. Tkat is a conc¢rn that I lmvc, 9 COMMISSIONER MU[,ROY: Thank you, I 0 Mr. Strange. Any flu~hcr camnents? 1 would just 11 tkat owrall it look~ like ~hey've r~d the COmp Plan ~nd 12 our Code and u~t it aS a guid¢lSn~ for fl~¢ir 13 Tn reOp0rtSe to, my fl]ougl~ls au ~', Slrango's conuncnts 14 cmo of llm intents of the Co& was ti~e ~ade-off density 15 for quali~, flint in a new m'banism is a lit:tie higher 16 dcnsiW but the a'ada-off i, the qualit7 and the open J 7 space, and this seem~ to be accamplished in ~l ¢g rwcscnt;~ o~l~ So ~ will. be voting l~r it. Thank you. We have a mvtiotx on thc Floor 20 and a second. And 80 pI~s¢ vote, Motion passes 6-0 21 ~a,!k you, 22 MR. DAHLSTROM: ] hank yOU v~y mucl¢, 22 COMMISS[ON'~R M[JC.[(OY: WO will l]lOVC *- tliank 24 you, Mr. Dahlsn'om, Okay, Wc'm going to now go [o It~n '25 5D on file Agenda. And Pm going l(~ open flint itm~x. PLANNING & ZONING COMMISSION OCTOBER 22, 2003 Page 77 - Page AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: November 18, 2003 Planning and Developmem Departmem John Fortune, Assistam City Manager SUBJECT - SI03-0017: (Accessory Dwelling Units) Hold a public hearing and consider adoption of an ordinance regarding an amendmem to Subchapter 5 of the Denton Development Code pertaining to the limitations of Accessory Dwelling Units. The Planning and Zoning Commission recommends approval (6-0). (SI02-0017, Accessory Dwelling Units) BACKGROUND Applicam: City of DeNon When the Developmem Code was adopted, Council approved a condition requiring a quarterly review to evaluate the code's implementation. At the October 8, 2003 Planning and Zoning Commission meeting discussion was heard concerning the current limitation on accessory dwelling units of a maximum gross habitable floor area (GHFA) and to bring forward a change in the limitation as it is applied to residemial lots of greater than ten (10) acres. Staff analysis (Attachmem 1) lists the proposed change and provides background information for this issue. Attachmem 2 provides a draft of the ordinance for proposed changes to the Development Code. OPTIONS 1. Approve as submitted. 2. Approve with changes. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval 6-0, Commissioner Holt absent. ESTIMATED PROJECT SCHEDULE N/A Page 1 of 4 PRIOR ACTION/REVIEW Planning and Zoning Discussion Planning and Zoning Public Hearing FISCAL INFORMATION N/A ATTACHMENTS 1. StaffAnalysis 2. Draft Ordinance 3. P&Z Minutes of October 22, 2003 Date: October 8, 2003 Date: October 22, 2003 Respectfully submitted: Kelly Carpent6r, ~ Director of Planning and Development Page 2 of 4 ATTACHMENT 1 Staff Analysis As the DeNon Developmem Code is currem fashioned, an accessory dwelling unit's gross habitable floor area (GHFA) may not exceed 50% of the primary residence on the lot and may not exceed 1,000 square feet in size. This amendmem to the code would add a further allowance for residential lots of ten acres or more. Under the amendment, accessory dwelling units constructed on properly zoned lots of ten acres or more could exceed the 1,000 sq. fl GHFA, but would still be required to be 50% or less GHFA of the primary residence. Definition of Dwelling, Accessory - (Subchapter 23) A detached or attached residemial unit, other than a manufactured home, designed for and occupied by one family only. The structure shall be accessory to a single-family dwelling (see definition of "Dwelling, Single-Family") and conform to the standards outlined in this Chapter. Accessory dwellings shall not be calculated in net or gross density calculations for a lot, parcel or development. Zoning Districts that allow Accessory Dwelling Units - The following zoning districts permit, or permit with limitations, accessory dwelling units on single-family residemial lots. Rural Residemial (RD-5) P Rural Commercial (RC) P Neighborhood Residemial - 1 (NR-1) SUP L(1) Neighborhood Residemial - 2 (NR-2) SUP L(1) Neighborhood Residemial - 3 (NR-3) SUP L(1) Neighborhood Residemial - 4 (NR-4) SUP L(1) Neighborhood Residemial - 6 (NR-4) SUP L(1) Neighborhood Residemial Mixed Use - 12 (NRMU- 12) L(1) Dowmown Residemial - 1 (DR- 1) P Dowmown Residemial - 2 (DR-2) P P = Permitted SUP L(1) = Permitted with specific use permit with limitations L(1) = Permitted with limitations Scenario - Under currem regulations, owners of a single-family residential lot with a primary residence of 2,500 sq. ft and NR-2 zoning may build up to an 1,000 sq. ft accessory dwelling unit with a SUP. Even if the lot is ten acres and the primary residence is 5,000 sq. ft. the current regulations require the accessory dwelling unit to not exceed 1,000 sq. ft. Page 3 of 4 Under the proposed amendmem, the ten acre NR-2 lot with a 5,000 sq. ft. primary residence could build up to a 2,500 sq. ft accessory dwelling unit and not have to apply for a SUP. Analysis - Accessory dwelling units provide additional flexible housing choices for the changing nature of families within single-family residemial developmems. Traditionally viewed as a "granny flat" or a private residence for related extended family members such as a grandparem, examples of accessory dwelling units may be found in a variety of older and historic neighborhoods in DeNon. Modem accessory dwelling units are allowed in DeNon with the proper zoning, permitting and construction standards being adhered to. Denton does contain a number of ranch or estate size single-family residential lots of ten acres or more. Many of these lots will remain the primary residence for a single-family and are not in line for further subdivision. Through the amendmem of the limitation, accessory dwelling units may be constructed in excess of 1,000 sq. ft. on single-family lots of ten acres or more in zoning districts with the limitation. Single-family lots of ten acres within such zoning districts as NR-1 or NR-2 are greater in size than the minimum lot densities allowed in Rural Residemial where accessory dwelling units are permitted by right. Text Change in the Denton Development Code - (Underlined text highlight additions) 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix idemify a use as permitted, but limited L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the tmdeflying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GFHA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. Page 4 of 4 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO LIMITATIONS OF ACCESSORY DWELLING UNITS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FiNE OF $2000.00 PER DAY FOR A VIOLATION THEREOF: A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI03-0017). WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, as a part of a quarterly review of the Development Code, and after conducting a public hearing as required by law, the Planning and Zoning Commission has recommended certain changes to Subchapter 5 pertaining to limitations of maximum gross habitable floor area of an accessory dwelling unit; and WHEREAS, after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Subchapter 5 of the Development Code is hereby amended in part as particularly described in Exhibit "A" attached hereto and made a part hereof by reference. All other provisions of Subchapter 5 not inconsistent with this amendment shall remain in full force and effect. SECTION 2. 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 offence. SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. 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 Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the ____ day of .,2003 EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~" '~-'7'~ ~.7/>~t,_~'~ ...... EXHIBIT "A" Subchapter 5 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) = The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 5. The maximum gross habitable floor area (GFHA) of the accessory_ residential structure shall not exceed 50% of the GHFA of the primary_ residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. FAX NO. : 948 6865548 Condcnselt TM Page ! Ms. Cm'p~:itc, r is going te rcprcscn~ ;.1~ Cit7~ ? MS. C~RPEN'rEt~; Mr Chairman, w}lgn thc 4 tcsiimony on rtlc D~,Oopmcnt Cede potential cgal:gcs that 5 ti~d~ Io be made, we h~rd froth a pi-epoxy owner. Xr, Felle, who suggsst~ that ~.h~ On,cut 5mitation on 7 accesso~T dwcllmg umts size in lots ova' ten acres jn size was too restrictive. Agd thc Planning Commission 9 iTS October' 8d~ nl~ri~, directed us t'o prepm'6 an t0 amen&riehl To tho Codo that wouM ad,ess thc qtlcstion 13 lots of ~,n or more ac~s. 14 COMMISSIONER MULROY: okay, Thank yon. J 5 Any question~ of Kelly? ] 6 COMMISSIONER ROY: Yes. 17 COMM[SSION~{ MULROY: Mr. ~0)', 18 COMMISSIONER ~OY: ~ comment. Tllis must bc 19 t~o~d time lbr making a chaagc like this. And I 20 that tho individual who came l'¢xwmd did speak of 21 ~on-acr¢ size, ~ut is there any magic to the ten 22 Why did you ohoos¢ [lm t~u rather than nine or eight 23 somefliing? 24 MS. CARPENTFI'R: Mr. 2J COMMISSIONER a[n.Ro¥: oO ah~d. 1 2 3 6 7 8 9 12 13 I4 15 16 17 18 19 20 22 24 Page 83 Mr. Watki;~s for approval, COMMISStONI.f,I,~ ROY: $OCOlld. COMiYIISS!ONEfl M,gLROY; Sq3~jOnqt by .'V]'r. Roy. Any fl.lrtllor discussion? ri' nor. please vo~. [teal cattles 6-0. Thank yon. V,Vll move to the next iran which will bc hE, aiucnthnent [o Subs~[ion [2. MS. Catj~ca~cr again will present. MR. CARPENTER: Mr. Chai:'fllalL pardon a~¢, this i~ a proposed aalcn~non~ to thc section entitled. indusrd.al Pcrfbrmmme Standards. And ~he way ifs worded right now, th~a industrial perfbrmance staaclards that arc in d~e Development Code would apply only ~o areas ,'bat are not zoncd Industrial So ~t~re~s an ~lifin~ ~o~ in ~hc C~dc. And whar ins chang~ would do would be lo make the ~iating smndard~ for industrial d~clopxwut tha~ arc currendy in ibc Codc applicablc to industrial uses in ali COMMISStONERMULROY: okay. Thank you, And if [ [orgq~t ~o open Lhe public hearing, it'.q open. MS. CARPENTER: I'~ S0n'y. COMMISS[ONEg MULROY: That's my l~ok, Any questions of Ms, Ca~nZr? %¢-e'8 nO One h~x-e ~at wishes ~c speak on this ilea, Mr, Roy, COMMISSIONER ~OY: aclp mc a monmnt. 6 7 1! 12 15 ~6 22 25 Page 82 MS ('ARPENTER: 'iht: applicant., tile potential applicant's property is 17 acres iu size 8o the ten is Bet relative re his f. sst~e. Wc !ookcd aL a varie.[y 3 of sizes and felt that ten acres was wlmrc there was a 4 cutoff betw~n potenri, ai kind of' singicq:amily 1o[ 5 dcvdcpmcn[ and ~at bls lot developmem So d:at's why, 6 we chose ;ea. ~ meao, it's not scientific bus wc thought 7 it wa~ huge camugh that it' WOtlldn't Calse ally problems 8 COMMISSIONER ROY: O:lmjk yOU, 9 COMMISSIONER MCIROY: Thank you. Any 1 further questions? And t'11 mmiad fl~e Commission thaa Mr. Powell did ask and receive consensus from ~e whole Colmnissioa to bring this back as an action itcm. And 13 [hat's really why i.r's here so quickly. And it a~ma that 14 wc were in agmmnent then. And if tkere's t~o further questioas for Ms, Caxpgn:cr. Mr. Elder ix hca to answer cue~rion~ if ~va have any. Hc was CkXlUmSt caoough [we 17 w~ks ago to convlucc us [o move 0n ~lls. So tmless 18 d5~'¢ s say questions of Mr. Elder -- okay~ 15u going L(} c~o~ the public hc~ing. Aud, again, Mr..Elder is here fi' you have question~, but ~ think lie explained ev~rything 21 ~ast meeting. 0o ~lcad, Mr. Watkins. 22 COMMfSS!ONE{i WATKINS: ~ weuld move 23 approval of S.[03-0017. 24 COMMISSIONER MULROY: We tiave a :'uotim by f 25 Page 84 fnduadal performance starxlards, what is au example of industrial perfom~a/~ce standard? MS CARPgN'I'~R: I left: iny Code up them I'1[ talk off thc top of my head. It would be a standard as to noise, vibration, emissi~s, COMMISStONERPOWgLL: DtlSt maybe~ MS. CARPENTER: COMMISSIONER MULROY: It is iB th.e Code that you ~ived abollt a month ago in rl~is ohaprer, listed, it's about six or scvcn pages, Mr. Roy. MS. CARPENTER: ~tlt we're not proposing change the standard, Mr. Roy. COMMISSIONER ROY: It says. the performance standards tYv industrial u~s in all zoning districts sial[ be as follows. I guess Sey would be differeaL of cot~rsc, in non-industrial and COMMISSIONER MULROY: GO ahead, Carpen~r, MS. CARFENTgR; Mr. Chaimmn, k's possible O~at fl~em's ~n industrial u~ m a msidmmal zone w~re it.'s t~n existing legal nonoonfonning usc, and I think 'Jmt'g why tho [ang~lago }.O wrlt~ fiat way COMMISS[()NER ROY: Okay. I sec now :he way it's set up. I was a litde confused by it an¢ 1 alan't look at r~is dooumem. Now I ~ d~e way k's ~t PLANNING & ZONING COMIVFlSSION OCTOBER 22, 2003 Page 81 - Page 84 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: November 18, 2003 Planning and Developmem Departmem John Fortune, Assistant City Manager 349-8535 SUBJECT - SI03-0018: (Industrial Performance Standards) Hold a public hearing and consider adoption of an ordinance regarding an amendmem to Subchapter 12 of the DeNon Developmem Code pertaining to the applicability of Industrial Performance Standards. The Planning and Zoning Commission recommends approval (6-0). (SI02-0018, Industrial Performance Standards, Kelly Carpemer) BACKGROUND Applicam: City of DeNon When the Developmem Code was adopted, Council approved a condition requiring a quarterly review to evaluate the code's implementation. Staff has identified a statement regarding the applicability of industrial performance standards that is confusing and inaccurate. Staff is providing clarified language as to the uses and zoning districts in which industrial performance standards are applied. OPTIONS 1. Approve as submitted. 2. Approve with changes. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval 6-0, Commissioner Holt absent. Page 1 of 3 ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW Planning and Zoning Public Hearing FISCAL INFORMATION N/A ATTACHMENTS 1. Staff Analysis 2. Draft Ordinance 3. P&Z Minutes of October 22, 2003 Date: October 22, 2003 Respectfully submitted: Kelly C~arpent~', AICP Director of Planning and Development Page 2 of 3 ATTACHMENT 1 Staff Analysis Section 35.12.11 Industrial Performance Standards states the following: "Performance standards for industrial uses in districts other than Industrial Districts shall be as follows:" (emphasis added) As the Development Code is currently written, these performance standards would only apply to industrial uses in zoning districts other than Industrial Districts. Further, as currently written the Code is without performance standards for industrial uses in industrial districts. This amendment does not amend the performance standards themselves. Text Change in the Denton Development Code - (Underlined text highlight additions, strikethrough text highlight removal) 35.12.11 Industrial Performance Standards. 5e as fallows: Performance standards for industrial uses in all zoning districts shall be as follows: Page 3 of 3 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER12 OF THE DENTON DEVELOPMENT CODE PERTAiNiNG TO APPLICABILITY OF iNDUSTRIAL PERFORMANCE STANDARDS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FiNE OF $2000.00 PER DAY FOR A VIOLATION THEREOF: A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI03-0018). WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, as a part of a quarterly review of the Development Code, and after conducting a public hearing as required by law, the Planning and Zoning Commission has recommended certain changes to Subchapter 12 pertaining to applicability of industrial performance standards; and WHEREAS, after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Subchapter 12 of the Development Code is hereby amended in part as particularly described in Exhibit "A" attached hereto and made a part hereof by reference. All other provisions of Subchapter 12 not inconsistent with this amendment shall remain in full force and effect. SECTION 2. 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 offence. SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. 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 Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2003 EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EXHIBIT "A" Subchapter 12 35.12.11 Industrial Performance Standards Performance standards for industrial uses in all zoning districts shall be as follows: CondcnscltTM 5 6 7 8 9 t 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 Page 8 l Ms. Carpenter is going to represent tile City. 1 M.q~ CARPENTER: MI'. Chairman, when thc 2 Planning and Zoning Co,mn[ss[on sat two wt,.ks ago hearing 3 lcslimony on thc Dcvelopmcnl Code potential change~ that 4 no, lcd to be made, we heard fi~om a properly owner, 5 Mr. Feller, who suggest~l that iht currant limitation on 6 accessory dwdling units size in lots over loll acres ill 7 size WaS tOO mslrimivc. And the Planning Commission a/ ks October filh m~ling~ dircmcd us tn prepare an 9 anlcndmcnt lo llic Code that woukt addicss thc question tim1 10 Mr. Feller had raisal. And lhis item would change thc gross habitable fleer area for guest houses en residential 12 lots of mn or more amws, [ COMMISSIONt!R MULROY; okay. Thank you. 14 Any questions of Kelly? 15 COMMISSIONER ROY: YGS. COMMISSIONER MULROY: Mr, Roy. 17 COMMiSSiONER ROY: A commctH. This must be record time IBr making a change like lhis. And i realize lhat tim individual who came forwm'd did speak of a 20 ten-acre size. But is lherc any magic Io thc ten acres? 21 Why did you cheese the len rather than nine or eight or 22 s omcflfi~g? 23 MS CARPI'~NTltI{: N'll'. Chairnmn~ 24 COMMISSIONER MU1 ROY: GO ahead. ~ 25 Page 82 MS. CARPENTER: The al¢l)lican[, potential applicant's property is 17 acres m size 8o the , Page 83 Mr. Watkins [br approval. COMM[S.e,[ON[iF: Re)Y: secood. COMMI3SIONL';t( Mt;I,ROY: sec011d by Mi'. Roy, Any further discussion? if nat, pkasc yore. Item carries 64). Thank you. We'll move to the next ilcm which will bt; SE, mncndmcnt to Subsection 12. Ms. Cnrpcmcr again will p~uscttL MS. CARPENTIq{: Mr. ChairmntL pardon this is a proposed amcndmcnl lo thc scclion cnfitl~l Industrial Pcrlbrmancc Smndm'ds~ And thc way it's worded right 12o5v, thc industrial performance smndm'ds lhat arc m thc Developmcnl Code would apply only Io areas that arc nm zon~ Industrial. So there's an cdfling error in the Code. And whm tiffs change would do would b~ m make thc existing standards fro' indtatriat dcvclopmcm that arc currently in thc ~',t)tlc applicable to indosu'hl uses in all zones including thc industrial zeno. COMMISSIONER MULROY: okay. Thank yeti. And if 1 flwgot to open thc public hearing, it's open. MS. CAI~PENTER: I'm sorry. COMMISSIONER MULROY: 'rhnl's my ~)mll. Any questions of Ms. Cm'pcnlCr? There's no one hcrc that wishes to speak on this item. Mr. Roy. COMMISSIONER ROY: llolp lllO a 1 2 3 ten is not relative to his issue. We looker[ at a variety 4 of sizes and felt that ten acres was where there was a 5 cutoff bmwccn potential kind of single-family lot 6 devclopmen/and great big lot development. So that's why 7 wc chose ten. i n'tem~, it's not scientific but wc thought 8 it ;vas large enough tlmt it wouldn't cause any problems, 9 COMMiSSIONI4R ROY: Thank you. 10 COMMISSiONI~F, MI/I.ROY: Thank you. Any 11 further questions? And I'll remind lhc Commission lhat 12 Mr. Powcll did ask and receive consensus from the whole 13 Commission to bring this back as an action i/cra, And 14 thales really why k's hcrc so quickly. And it scorns that 15 we wcrc in agreement then. And ii' ~hcrc's no further 16 questions lot Ms. Carpcnmr. Mr. lfJdcr is here to answer 17 questions if wc have any. IIc was c[oqucnl enough two 18 weeks ago to convince us to move on this. So unless 19 there's any questions of Mr. Eider ~ okay. I'm going to 20 close 1'he public hearing. And, again, Mr. I'{ldcr is herr 21 if you have questions, but I think he explained everylhing 22 last meeting. Go ahead, Mr. Watkins. 23 COMM]iSSIONIiR WATKINS: [ would move 24 approval of SI03-0017. 25 COMMISSIONI'.'R MUI.ROY: WC have a mot[o~ by P age I indtxstrial performance standards, what is an example of 2 industrial performance standard? 3 MS. CARPENTIiI{: [ [cfi my Code up there so 4 Ull talk off thc top of my hcad. Il would be a standard 5 as to noise, vibralion, emissions. 6 COMMISSIONER POWtit,l.,: DUSt nmybc. 7 MS. CARI~ENTkR: DUSt. g COMMISSI()NIERM1JLI{OY: It iS in thc Code 9 that you received about a month ago in this chapter, ll'$ 10 listed, k's about six or seven pages, Mr. Roy, 1 I MS. CARPEN I'I~R: But we're 11o[ proposing to 12 change/he standard, Mr~ Roy. 13 COMMISSIONER ROY: it says, the performance 14 standards lot industrial uses in all zoning dNtt'icts Illl shall bc as lbllows, l guess they would he difl'orcnt, of course, in nowindustrial and industrial 17 ('OMMISSIONI'R MUI.ROY: rio ahead, t 8 Carpenter. 19 MS. CARPI~NTER: Mr. Chairman, it's possible 20 that there's an industrial use in a rcsidcntml zone where 21 it's an existing legal nonconlBrmmg usc, and I think ~22 that's why thc language is written that way. 2} COMMISSiONI-;I{ ROY: okay. 1 sec now the way 24 it's set up. I was a little con[used by it m~d I didn't look a/this document. Now i sec the way il's set up. PLANNING' & ZONING COMMISSION OCTOBER 22, 2003 Pagcg 1 - Page 84 CondenseltTM 9 lo 17 8 19 20 91 22 23 24 Page 85 Thank you. COMMIS,R[0N'ER MULI~OV: Thank you, Mr. Thank you, Kelly. If {here's no one wishing to speak, I'm going to close thc public hearing and open the floor up ~br questions or a motion. Go ahead, Mr. Watk[ns. COMMISSIONER WATKIN8: i would like to move approval of S103-0018. ("OMMISSIONIfI~. STI~,ANGI(: ,'-;ccond. COMMISS1ONF, R MU|R©¥: WC have a mot~.on by Mr, Walkins, a second by Mr. Strange lBr .'.~pproval. there's no further discussion, please yore. Motion carries 6-0. That concludes thc public hearing section. Arc there any suggested items for future Agenda? if not, thc meeting is ac!joumcd. Thank you, ,gentlemen. And thank you, Ms. Carpenter. PLANNING & ZONING COMMISSION OCTOBER 22, 2003 Page 85 - Page AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: November 18, 2003 Planning and Developmem Departmem Jon Fortune, Assistam City Manager SUBJECT - Z03-0022: (Oriole Cour0 Hold a public hearing and consider adoption of an ordinance concerning the rezoning of approximately 5 acres from a Neighborhood Residemial 4 (NR-4) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The property, commonly known as 305 and 321 Mockingbird Lane, is generally located at the imersection of Mockingbird and Oriole Lane along the west side of Mockingbird Lane. Detached single-family units are proposed. The Planning and Zoning Commission recommends denial (5-1) (Watkins in favor) (Holt Absem). BACKGROUND Applicam: DeNon Affordable Housing Corporation Demon, TX The purpose of the request is to increase the density of residemial units to offset the costs of developing affordable housing. Under the existing NR-4 zoning designation, a maximum of 20 residemial lots will be allowed in comparison with a maximum of 30 lots under the NR-6 zoning designation. Neighborhood Residemial 4 zoning districts surround the subject site. The adjacem properties are developed as single-family lots. Due to the surrounding built environmem, the proposed developmem will be comained with no street connectivity to the adjacem subdivisions. The site will be accessed from Mockingbird Lane. The proposed zoning change is in compliance with the policies of the Demon Plan regarding the definition of compatibility with existing neighborhoods, promoting infill developmem, increasing homeownership, and promoting attainable housing. A neighborhood meeting was held on September 18, 2003, at the Singing Oaks Church of Christ. The participams expressed concerns about the increase of traffic along Mockingbird Lane, existing drainage problems, noise during the construction stages, loss of wildlife habitat on the existing vacam fields, the unsafe environmem for pedestrians along Mockingbird Lane, and the desire for an 8 foot privacy fence along the rear property lines of the proposed lots. Public notification and property owner responses are provided in Attachmem 3. As of this writing, staff has received no responses in favor or in opposition 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 denial of the requested zoning change as proposed by the applicant (5-1) (Watkins in favor)(Holt Absent) ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and plat are required prior to the issuance of any building permits. PRIOR ACTION/REVIEW No prior development applications for the subject site have been submitted. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Neighborhood Meeting Minutes 5. Photos 6. Applicant's Response 7. Draft Planning and Zoning Commission Meeting Minutes from October 22, 2003 8. Draft Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting the zoning change of approximately 5 acres from NR-4 zoning district to NR-6 zoning district. Neighborhood Residential 4 zoning districts surround the subject site. The adjacent subdivisions provide for a wide range of lots sizes. The lot sizes range between 6,300 s.f. and 15,400 s.f. as listed in the following table: Subdivision Average Lot Size Bellaire Heights 7,000 s.f. Toledo Court 7,400 s.f. Singing Oaks 8,200 s.f. Bentwood 6,300 s.f. Eastridge 12,200 s.f. Existing Condition of Property Property History. February 20, 2002 - Ordinance 2002-040 placed the subject property in a Neighborhood Residential 4 (NR-4) zoning district. The property was zoned Single-Family 7 (SF-7) prior to the adoption of the Development Code (Ordinance 2002-040). Adjacent zoning and land uses. North: South: East: West: Neighborhood Residential 4 (NR-4) (Bellaire Heights subdivision) Neighborhood Residential 4 (NR-4) (Eastridge subdivision) Neighborhood Residential 4 (NR-4) (Toledo Court and Singing subdivisions) Neighborhood Residential 4 (NR-4) (Eastridge subdivision) Oaks Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. According to the definition of compatibility per the DeNon Plan, compatibility refers to: "The characteristics of difj%rent uses or activities or design which allow them to be located near or adjacent to each other in harmony... Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. "(p. 188) One of the primary residemial land use principles is the preservation of existing and future neighborhoods. This can be achieved by demanding high-quality developmem and establishing design and construction standards that are fair and evenly applied. New developmem in this area should respond to existing developmem with compatible land uses, patterns and design standards. The plan lists the following four criteria that should be taken into account to determine appropriate site-specific residential densities: design quality, adequacy of public facilities, amenities provisions and compatibility with existing neighborhoods. The Plan idemifies that the rationale governing the regulation of residemial density should include, among other importam points, that as density increases, the expectations of quality and assurance of proper regulation must increase; and that dense developmem can magnify negative impacts if improperly constructed. High densities should be concentrated where infrastructure can support them and near jobs, schools, shopping and cultural cemers. The plan notes urban design principles should be emphasized in neighborhood revitalization plans and residems should help to determine social and cultural values that are reflected visually. Infill developmem should be evaluated carefully to promote compatibility. The Plan also idemifies housing as the predominam land use in DeNon and is one of the most importam factors considered in the Plan. The Plan provides the following housing policies (p. 122): · Alternative types of housing that respond to the differing economic and individual life-styles of Denton's citizens that should be developed in all areas of the city to achieve balance and diversity. · Homes that vary in lot size, building size, and cost may be permitted in new development. · Existing housing stock, particularly for affbrdable housing, should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced. · Incentives should be investigated to encourage infill-housing construction, especially in conjunction with neighborhood revitalization plans. · Design and construction quality expectations should not be relaxed in order to meet affbrdable housing objectives. · City review and inspection fees should be reviewed to determine if changes could be made to ease affbrdable home construction costs. Such a program should be undertaken only if benefits are passed on to low- and moderate-income homebuyers. · The need to provide enough land to meet housing demand should be balanced by the desire to maintain unique urban patterns, character, and neighborhoods of the city. · The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversi~y the city's neighborhoods. The issue oFhousing is intertwined with the objectives oF increasing the levels oF homeownership and providing attainable housing. Home ownership has been determined to provide many potential community benefits, and serves an important public purpose. Attainable housing is housing that is available, accessible, and aFFordable as explained on page 126 oFthe Plan: · Availability: The demand for housing in Denton is currently very high relative to its supply. This is true for university student housing, new types of housing for changing household characteristics, and conventional single-family housing. · Accessibility: In general, housing in Denton is becoming less accessible to jobs, shopping, schools, and other activities. New single-family residential subdivisions are often located on the fringe of the community, isolated from workplaces, stores, and schools that are centrally located. In-fill residential development that is accessible to other community facilities and activities should be encouraged. In the downtown university core area and community and regional activity centers, some types of housing can be encouraged in close proximity to other activities. · Affbrdability: Housing demand has led to rapidly increasing housingprices. This pressure tends to produce new housing only at the upper end of the housing cost spectrum. For most members of the community, living in new housing is less and less likely. A full range of housing should be available in Denton so that all members of the community that want to can live here. This housing should be accessible to work, play, education, and shopping. The proposed zoning change is in compliance with the policies of the Denton Plan regarding the definition of compatibility with existing neighborhoods, promoting infill development, increasing homeownership, and promoting attainable housing. Development Review Analysis Transportation A Traffic Impact Analysis (TIA) would 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. Right-of-way dedication for Mockingbird Lane will be required prior to development. Access The proposed development will be required to take access from Mockingbird Lane. Road Capacity The Denton Mobility Plan identifies Mockingbird Lane as a collector. This street is designed to be a four (4) lane undivided street with parking, providing two (2) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 7,500 trips per day. Mockingbird Lane is currently constructed with two (2) lanes with parking. Development Review The proposed zoning change would increase the maximum number of residential lots to 30, a difference of 10 residential lots between the existing NR-4 and the proposed NR-6 zoning designation. Due to the surrounding built environment, the proposed development will be contained with no street connectivity to the adjacent subdivisions. No direct through traffic would impact the adjacent subdivisions. The site will be accessed from Mockingbird Lane. The proposed development will be subject to the site design standards per Subchapter 13 of the Development Code regarding variability in architectural elevations, street trees, architectural design features, trimmed windows, and entrance and garage orientation. The differences between the existing NR-4 and the proposed NR-6 zoning designation are summarized in the following table: Land Use NR-4 NR-6 Attached Single- Specific Use Permit Permitted family dwellings Live/Work Units Not Permitted Limitation 16: Uses are limited to no more than 1,500 s.f. of gross floor area per lot Duplexes Limitation 3: In part of a Permitted subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. Manufactured Housing Not Permitted Specific Use Permit Development STAFF RECOMMENDATION Staff recommends approval ofZ03-0022 based on the following findings: 1. The proposed zoning change is in compliance with the policies of the DeNon Plan regarding the definition of compatibility with existing neighborhoods, promoting infill developmem, increasing homeownership, and promoting attainable housing. 2. The adjacem subdivisions provide for a wide range of lots sizes. The lot sizes range between 6,300 s.f. and 15,400 s.f. The proposed lots would not be smaller than the existing residemial lots in the vicinity. 3. Due to the surrounding built environmem, the proposed developmem will be comained with no street connectivity to the adjacem subdivisions. No direct through traffic would impact the adjacem subdivisions. ATTACHMENT 2 Maps NORTH LOCATION AND ZONING MAP Existifl9 FUTURE LAND USE MAP ATTACHMENT 3 Public Notification Notification Map NORTH Scale: None October 11, 2003 Newspaper Notification Date: Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 51 500' Courtesy Notices* sent via 1st Class Mail: · In Favor: 0 · Opposed: 0 · Neutral: 0 163 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Neighborhood Meeting Minutes A neighborhood meeting was held on September 18, 2003 at the Singing Oaks Church of Christ. Residems and property owners within 200 feet of the subject site were notified by the Demon Affordable Housing Corporation. The following are the observations expressed by the participants: 1. Increase of traffic along Mockingbird Lane 2. Existing drainage problems 3. Noise during the construction stages 4. Loss of wildlife habitat on the existing vacam fields 5. The unsafe environmem for pedestrians along Mockingbird Lane 6. The desire for an 8 foot privacy fence along the rear property lines of the proposed. 10 ATTACHMENT 5 Site Photo 11 ATTACHMENT 6 Applicant's Letter 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL - 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL-6 (NR- 6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR TWO TRACTS OF LAND TOTALLY APPROXIMATELY 5.277 ACRES OF LAND LOCATED AT THE INTERSECTION OF MOCKINGBIRD LANE AND ORIOLE LANE ALONG THE WEST SIDE OF MOCKINGBIRD LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS LOCATED IN THE M. YOACHUM SURVEY, ABSTRACT NO. 1442; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0022) WHEREAS, Denton Affordable Housing has applied for a change in zoning for two tracts of land totally approximately 5.277 acres of land located at the intersection of Mockingbird Lane and Oriole Lane along the west side of Mockingbird Lane and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and WHEREAS, on October 22, 2003, the Planning and Zoning Commission recommended denial of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. 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 5. 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 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ____ day of ,2003. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S:\Our Documents\Ordinances\03~Z03-0022.DOC EXHIBIT A ALL TH,~'T CFRTAIN TRACT OR PARC,EL OF LAND LYING ANO BEING SITUATED IN THE k4. YOACNUM SU~FY, ABSTRACT INUM§ER 1442, AND BEING ALL OF A TRACT DEscRIB:ED tN A DEED FROM LAVERNE JOHNSON CEE TO JIMMY JOF G~,~Ai~TNEY AND WIFE. JELL ANN GWARTNE'Y, RECORDED tN UN(DER COUNTY CLERK'S iNSTR~IvIE. NT FILE NUt, DER 94-R005~,3§4. REAL PROPERTY RECORDS, {DENTON COUNTY, TEXAS. AMD BEING MCR PARTICULARLY ~DESCR1BED: AS FOLLO~,~J: ~3EG~NNING AT AN IRON PIN FOUND ON THE NOR'[HWEST CORNER OF GWARTNEY TRACT, BEING: THE NORTHEAST CORNF~' Of' LOT '1, BLOCK D, EASTRIDP--[ ADDITION, AN AODIT[ON TO THE CITY OF OENTON. DENTON COUNI'Y. TEWAS, ACCORD1N[~ TO THE PLAT THEREOF RECORDED IN CABINET A. PAGE 118, Pt.AT RECORDS, DENTON COUNTY. TEXAS. S~ID CORNER ALSO BEING ON THE SOUTH LINE Of LOT 5. BLOC'< O, REPEAT OF SELLA~RE HEIGHTS. pHASE ONE. AN ADDFFtON TO THE CITY OF IDENTON~ 9[NTON COUN'I'Y, TEXAS, ACCORDING TO THE REPEAT THEREOF 'RECORDED IN CAS'INET D. PAGE 244. PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 8g DEGREES 29 MINUTES 40 SECONDS EAST, WITH THE SOUT,H LINE OF SAID 8LOCK D, REFLAI OF BELLAIRE HEIGHTS, A OlSTANCE Of 147.47 FEET TO AN IRON PiN FOUND FOR CORNER; THENCE $OLJ'[,J, ",4 'DEGREES 47 MINUIES. 15 SECONO$ E. ASI '~.VtTH THE SOLJ'IH LINE OF SAID BLOCKS. REPEAT OF BELLAtRE HEIGHTS, A DISTANCE OF t.~,~5 FEET TO AN IRON PIN FOUND FOR CORNER: THENCE SOUTH 89 DEGREES 47 t.41NUIE.S 07 sECoNoS EAST ~,"fTH SOUTI~ LINE OF ~LOCK, D, BELLAIRF- HEIGHTS. AN ADDt~ION TO THE El'Df OF DEN'tON. DENTON COUNT'F. TEXAS. ADCORD1NG TO THE PLAT THEREOF RECORDED IN CABINET C. PAGE 2/,1. pLAT RECORDS. DENTON COUNTY. TEXAS, A DLSTANCE OF 322.56 FEET TO A P,;<. NAIL SET IN ktOCKINGi~IRD LANE; THENCE SOUTH' WITH THE EAST LINE OF SAIO GYtARTNEY TRACT AND ,MOCKINGEHRD LANE. A DISTANCE OF 259.98 FEET TO A P.K, I~lL SET FOR CORNER; THENC1; NORTH 89 DEGREES 26 MINUTES 45 SECONDS WE5'l' WITH THE SOUTH L1NE OF SAID GWARTNEY TRACT AND THE NORTH LiNE OF A TRACT OESCRII~D IN A DEE_D TO PETER FITZSII~MONS AND SPOUSE, JOAN FITZS1MidONS, RECORDED ~N VOLUME 4727. PAGE 2272. REAL PROPERTY RECORDS, DENTON COUNTY, TEY.,A,$, A DISTANCE OF 471.00 FEET TO A SET 1/2 1NOH ~RON PIN wITH A YELLOW PLASTIC CAP STAMPED 'METRCPLEX 1849': THENCE NORTH WITH THE W~:$T LINE OF SAID GWAI~TNEY TRACT ANO THE FAST LITHE OF' cS, AID BLOCK D. EASTRIDGE ADDITION. A DISTANCE OF 259.~1 FEE'[ 'lO THE POINT OF 8~CINNiNG AND CONTAINING 2.802 ACRES CF L.~D iN ALL. E. ASEt~ENT GP,~TED TO TEXA~ POWER &LIOHT COI.,~ANY BY INSTRU~EI'-'IT ~TEO UAY '4, 1936. EXEOU~D ~Y JOE U. ~OR~ A~ RECORDED IR VOLUME 262. P~E ~O9, DEED RECORDS'OF ~NTON ~UNW. TEXAS; ~NG BEEN ASSiGNeD TO THE O~ OF DE~ON ~ ~N~U~EN~ RECORDED IN VOLUME 4~5. P~E 49S, OEEC ~OO~DS OF DENTON COUNW, TEXt. U~LE TO t0CA~ D~SCRIPT~ON. E~EBENT ~RAN~ED YO ~AS POWER · L:OHT RO~P~Y 8Y iNSTRUUENI DATED DECEMBER 8, ~957. EXECUTED BY JOE O. Y~BO~UGH ~D RECORD[O IN VOLU~E 268, P~E 508. DEED RECORDS OF D~ON COUNt. TE~S: ~V)NC 475. P~E 496. DEED RECOEDS OF D~ON ~UN~. TEXt, DOES NOT ~FECT THE SUEJ[C3 PROPERS. EAS[AIENT TO SINE.IR REFIN;NG ~MPANY, F~L[O t2/20/47, R[~RDEO IN VOLU~E ~42. PAGE 2g~. DEED RECORDS OF DE.ON COUP. TEXAS. ~D AGREEMENT DEFINING R1C~ OF ~Y FiLEO 03/23/71. ~O RECORDED 617, PACE 641. DEED RECORDS OF DENTON COUNt. TE~S. DOES N~ ~HE SUBJECT PROP[~. 9Y GRAPHIC ~LO~ING ONLY, THIS PROP[~ I~ WI~iN ZONE 'X~, DgERk~INED TO BE OU~JDE OF A D[SICNATEO ~ Y~R FLOODP~N SHOWN BY F[R~ ~AP COME~UN~-P~CL NUMDER ~121C0580 E . DATED ~RIL 2, 19~7. NO SURV~ING VI~ PE~OI;:~ED TO D~ERMINE THIS FLOOD ZONE. SURVEYOR'S CERTIFICATE J, GARY ~¥. HAMIvII~TT, OD HERESY CER':I'LrY' TI~AT A SuRvL'Y WAS MA:gE ON THE GROUNO THIS 21~ DAY OF FEBRU,~;r'¢, 2002 TH[ PROPERTY DESCRIBED HER:~ON AND THERE ARE N,O (V~SIIBt.[) ENCROACHMEI'..q'S. PROTRUSIONS. OVERLAPPIKIG OF IMDROVEK~.ENT'~..~,~.~-~,C['P¥ AS SHO¥/N HEREON- ~r.~[/~7>'~-7~ .... ~ .-__~ ..... :....~x~ REGI~T?_~R~.D PRO~ESS~NAL LAIRD SURVEYOR /~ S~R¥[¥ 0¢- 2.~02 ^C~[S OUT OF ).,I "/F",~,C'HI Ik4 C:t IP\IFV AD~-,T~AC.T No. EXHIBIT A t EASTRIDG[ ADDITION FIRST SECT[ON CAS. A, PG. 118 P.R. BLOCK D NORTH 259,51' · E /': ~-- ~' E'E E EXHIBIT A GRAVEL . I2% ..... LOT t6 :' · '~ II FIELD NOTES 2.475 ACRES BEING oll I:ho~. certaM lot, tract or pcrcet of land situated in the bt. Yoachum Survey Abstract Number 14¢2 in the City of Denton, Denton County, Texas, being oil that certain tract of land conveyed by deed from Robert H. White to Aobrey C. Jones and wife, Lois L, Jones recorded in Volume 1121, Peg~ 265, Deed Recorlds. Denton County, To×os, end beMg more port culorly described os follows: BEOINNING at on iron rod set for corner in Mockincjbird Lone o publi0 rocdway, said point being 22.14 feet east of the ' aortheost corner of Replat of Eastrldge Addition, Second Section, on addition to the City at Denton, Denton County Texas accortina to the plot thereof recorded in Volume 7, Page Plol Records. Oenton County,. Texas; 'FHENCE WE. SI', pass at 22.14 feet oD iron rod Toured for west line cf said Mockingbird Lone, o t0tol d~stonre of 471.00 feet wit.b the north tine of said Eo~tridg~ Addition Second Section to on iron rod found for corner in the o'&st fine of Lot 7, Block D Eostridge Addition First Section, an addition to the City of Denton, Denlon County, 'l'exos Decor,ding to the plot t~ereof recorded in Volume 5, Page 7, Pict Records, Denton Counily, Texas', THENCE N 00' 26' 50" W, 229.04 feet wlth said east line of sbid Eastridge AdCition First Section to on iron rod set for corner, said ¢o~nt being the southwest corner of that certain tract iond conveyed by deed from Loverne Johnson Gee to Jimmy Joe Owortney and wife, Jitt Ann Gwartney recorded under Clerk's File Number 94-ROOS1394, Real Property Records, Oent,:,.n Coun~y. 'texas; THENCE S 89' 58' 21" E, pass at 449.-50 feet on iron rod found for said west line of said Mockiogbird Lone, o total distance of 471.00 feet to on Eton set for corner in said Mockincjb[rd Lone; THENCE S 00"26' 52" E, 228.81 leer with sold Mockk~gbird Lone to the PLACE OF BEGINNING and containing 2.475 acres of land. (commonly known a§ 605 Mockingbird Lone) ERS AND/OR PUNCHASERS OF 3URCE 5: November, 2000. this survey'was made hown on this survey and is true, s 0nd oreos of the subject property ngs and improvements thereon if ~n hereon, and COl-rec(ly shows the ~-of way and of o1~ rights-of--ways of which I hove knowledge or hove affecting subject, property: SURVEY PLAT 2,475 ACRES IN THE YOACHUM SURVEY A-1442 CITY OF DENTON DENTON COUNTY, TEXAS : no encroachments upon the subject rope["(% ttmre ora no.~achments ,y (~riy. ~T~provem;~c~7.[.TF~&ubject i ,~ PURCHASER: PETER FITZSI~MONS 4Z38 1-35 NORTH , t sOZV o s, ,z c. FAx EXHIBIT A ,.,,,~,_0, 5' ENCROACi-{MENT S o0"2~"52"E' 228,8~' MOCKINGSIRB LANE % KROM ~ GYG~O~G- CondcflsoltTM Nov. ~ ~05 10:~M PS Page 29 t Okay. Wc~rc going Io c,:!t~' rolo {t~nl 5 2 which is carried ag die public bem-ings po~it~n. 1 want 3 ~ retain6 y0~i. 2' you would like t0 speak, please ['ill oul. 4 a card anti cyt:le it down hcrc and Kelly will pnt rhcm in 5 el'der and help t~s tl~'o~i thc publiu [i~rJ:lgs. Dirt at 7 p~plo, thai we do halo cards filial out, Thank you. 8 Okay, Public l~ri:igs, we're Soin~ m hold 9 public h~rings an the following ittmqs and uunsidm' rookies 10 ~ommendati0nS m tile CiW Council, Okay. 5A ig 11 rozoulng approximately five acm& StuFF, WOtL[d yOU like 12 re pI~sent? Okay. I'm goiBg ~0 ~O'01s¢ a little i 3 laam~e and I waut to open the pub!lc hearings for 5A and 15 think ~ can -- if ids n0 objecdon re ymL Wes. Okay. ~fi Thank you. .17 :~m. M~SOK: 'rhe appl.:cant whkh is 18 Denton Affordable [qou~ing Corpm'atjon.. is :'~ting ~o i9 rezone ap proxlmatc[y five acres from Neig2bo.d~ood 20 R~sidential 4 m Neighborhood ~¢sktenfisI 6. The propc~W 21 is ~n¢'ally laaatcd at thc int~:se¢iio~ of Mockingbird 22 Lane and Oriole Lm~c on the west Mdc of Mockingbird. 23 Deaoh~l sing~e-famlty liau~iu8 i~ proposed at lifts sit~ ou 24 Oriole Lan& 25 A nei~lborhood m~fing was held on Page 31 i here, Lc'c Elcmcntary is right here. The Piggly Wi~'iy is 2 here, [o give you a location of where these ddngs art'. 3 Thc Loop 288 is here, McKi. nuey Str~¢, Mockingbird runs 4 here. You see that Mockingbird is now compime {ri this 5 ama hc~c whom Emy x.veoxt aroul~d this ~arge detention fi pond. ~.lut giws yell a good itMa of where tim propm'lles 7 arc, 8 Th~ sun'ounding ~ming, NR-2 to die ~ml% 9 whcrc that ve!~ tall hill is wMm lhe tr~s am on top of 10 the hill, Thss gold ama lmrc is all NR-4 srcerd~iug .t there. ~a.,3 in this location, 12 is ~lig tract and ~nM[r 12 in this area. NRMU'-12 up [hem. t3 You mentloncd thc Denton Plan and I wooed t~ to get inio that. just a little bit Because as we get 15 into the rcasm~s ~or zoning k, yes have to pretty much 16 go back re fl~e CompmEcnsivc Plan to fred out, okay, 17 what's :he big picture here, wlmt am w~ t.rging re 18 accomplish, For hou~ing to he affordable, you o~d to go 19 back to [has. So first it. bas to be attainable. And the 20 ~nLon Plan says it ires to be available. ~mrc has to be 21 a sapp[y i'or the demand that you have h has to h~ 22 accessible. So you havc m be close to schools: to your ~23 job, to shopping, to parks, to transportation, er ~;er'a, 24 And lastly, [t bas to be afk,rdab!c~ Bet that affordable housing has to be ae~ssible. So d~Yt. Page 30 I Septcmbec l gt}x And at tt~is time, sta£(: bas received two 2 left, S in op~osidon o~ Case Item SA. And 1~ mo c50¢k ] hclc Ami fl~Vy have received six lmkn'$ it~ oppe~ition 4 from Case Lc~tor 5~. At ~zis time, staff finds that bnth 5 proposals aro iocompatible with tlie ~istjng neighlmrhood 6 - i'm sorry. COMMISSIONER MULROY: compatible whh. 8 MR. MO~ISON: Y~, ¢ompatibIe. Yes. Wi~h 9 ;ho ~isdn8 noighborbo0d and compat.ibk~ wiLE the ~lton 10 ~voloptll.Oat Code and Denton P~ul. Tllorol'ore, ma{i:' J2 COMMISSIONER MmZ~OY: Okay. rs ~x¢ 3 applicant here? 14 MR. MOm~ISON: f bcli~,e so, < COMMtSSIONE~ MULROY: Okay, D~s thc fi applicam wish to pi'os~n~? Thank you. Wes. 19 Court in Pot:dm'. I'tn tlem rcprosouting Dm:ton Aflbrdabk oO I4ousing Coi~orahon touJgkt on ~ese ~o items, i 21 app~itm you aoening thc discussion On boO: of fliem 22 b~anse ~ley'~ bo~h pi~' nluch tho smnc locat.lon and ~ 3 cm'.ccrl~ pr¢ily milch tile same t~ling:~, 24 This Js t]~ location, and I just pulled tip 25 the a~iai from lbo websit=. This is t. Ilo middle school Page 32 1 pti[ ~110rdable hO ising out hi d~¢ middle of nowheio wh¢o 2 d~cy don't have asy of thos¢ items that fl:~ ncc6 to get 3 to. That would bc fbolish. Now, t~e s~aegy to get -. 4 COMMISSIONER MULROY: EXCUSe 1110, Allen If 5 you'll got a little ulosur to The microphone. 7 COMMISSIONER MULROY; WO ¢a~ h~' yOU hilt 8 dnn't think tho audmco eau b~r you, 9 MR BUSgELL: Ail ri¢it. Tho s~'at~y to i0 gut thure iu the ~nton Plan ia at least 60 pm'cenL of i 1 now I~oosing sho~dd be cwn~'-occupi~ So not rent~. The ]2 City said it sh0¢ld l~se incmltivcs and bonus¢s and work 13 with public/priva~ part n~ship s to d~elop that 14 affr~dahle lmusing. And that's wha~ Denton Aff0rdabg t 5 l l0ttsing Corpm'ation is, !6 And (~ should smlc~'e impact ~s to 17 encourage affordable housing. Same of' rhig a~lff that [8 CiW has not done. what 1 want~i re bring this up tbr ~s 19 t}~U City thought it was obviously very iaiportant enough to 20 provi& incentives to encourage affordable housing, and 21 that'S why I wan;ed to bring dmt up, 2~ Acce~gibiliw, I mcnt~m~t that belbre. 23 Tr,'insportation, T got this fi'om die wchsitc m t2c Link, 24 Anti wha~ you s~ in the b~n here is Route 3 for thc Link 25 bug route, As yOU can s~, tlm bus g~s right by thi8 PLANNING & ZONqNG COMMISSION OCTOBER 22, 2003 Page 29 - Page FRDM : GTGMOJG- N~u. 06 2003 10:21AM CondeascltTM Page 33 i :-;itc and then there's tt bus slop right here about a block, ~ block and a halt" away. Aud so 5 inos~ ~hey can walk lo u bus stop if tl<y wanted it) use 4 public transpm~aticn m go [o the mall or go downtown, ct 5 cct~;ra. Once again, I k~p telling people you've got to S the train and go t.o D~lus or wherevcr they wmaL [o go. 9 So }L~S important to get u Long term vision them. 10 Mockingbird, of courm, mas righ~ by ~m. Mockingbird is classified as a collector strut so it's 12 m.ear)r to take all the Ira[fie from the neighborhood 13 sl,reers. I,oop 288 is ck~sc by where d~ey can go north or south re get to thc mall or go Bp cas[ and [hey get on Dallas Nord: Parkway 16 Dallas, a~d McKinney Stt~t aisc re go east m~d west. ~or~'s a fire station ~ocatcd r~ht by right ia this location here. For private servi~s, 19 thorn's a grocery sro~, As I t~nEoncd before, convenieace stores down he~. There;'s restate'aais down 2! hem. Thei~'s a laundry i~ciE[y dowr~ there. ~crc's a 22 [01. of' services for people in tllig general area that's 23 waiMlbke from where we're proposi;~g to put these. And 24 also there's three churckcs in tl~e area that [hey could 25 also walk to if ;hey wanmd to. ~:cm's aisc a public Page 34 I ?ark in this area, 2 This is thc concept pi,an. 't'i~e~ are, 3 ~a, COn,pt pla]s ar mis stye. So these will change 4 a lttLlc bit, lhn sure. But we did this for cost 5 estimates so it's pretty ok)sc based on tM 6 coufiguradoa, And what dais is showi~g is common wall 7 right here facing Mockingbird with an alley access in thc g back And so you have a nice lkont ak>nS Mockingbird 9 which is t.l~ more heavily t,aveled street And then yoked lo have siegle-family &tachcd in att tile other places hcrc. 11 These he,sos hgt'~ would bc siding Mockingbird. 12 Home styles, this is not the exact !3 e[evaEo~s we're thinking of. 1 mean, r~l~ Code bas up to 14 20 different &evatkms depending on fl~e ¢onfigura2on 15 the propa'ty so -- but dais is the Idnd el11 !hol that 16 going for and what the Denton Affordable Itouging !7 Carl>oration has tasked lhcir archi ;'eat to give tlmm this 18 }dad of f~el. So this is the look we're gains fbr with ~9 thc brick facades gad tim t~adkional look them. 20 ]q~c strc~tscapc, <ace agaio, I l il<~ to put wilL look like when they're built if you do that. And this shows the e2d of pa~siey where wc had a cubde-sac. 24 Did you remember that concept plan looki~ back ;0 the 25 west:? Tt~s is Paksley and Mockingbird wt~e~ we exmn~d Page I it and il lakes that cra'va, and this is on l'aisley here 2 Th~z's Novudo Courl. On Oriole (k~t=t, mud! thc same 3 hem. Mockingbird locking straight aordl on Mockingim'd 4 with thc sL'~ I~s spac~ at 30 f~l. fi~ second 5 cnn'anco and Oriole ~lcmsion in~ ~h¢ property 6 l;'s much ~slm' For me te scm what tlmsc will look i/kc 7 wilh thc street trc~s, ~ho fivc-ibot and eight-~bm g sidewalks, 9 Ig you haw any questions, ]'il bc happy ~o 10 m~swer I I C'OMMISS~ONER MULROY; 12 qltcs riot:s? ] 4 COMMISSIONNIt MULI<OY~ NIL Pow¢l, {15 COMMJSSK)NEli POWgLL: Thank you, sh', ( 16 You'v~ giv~m us a lot Of reasoas wIW liouscs skould bo : 17 buiir and why they dmuld be afl0rdnble. But yea haven't t918 saki anyibJng about why we n~t to change ~l~c zoning. MR. ~USSELL; WO nmt w ~hang~ the zoaing [ 20 b~:atts¢ the cost el:' development has gone up. So in [21 to make fl~c, se or k~ these aflbrdabg, re build those in 23 gl20,000.00 lo S130,000.00. That's not c~lly afforOblc 24 }nb, mom, If we rake it m Nil.6, w~ can make thcsu down to 25 at>our 89~).(1{)0.00 m $100,000.00 which nmk~S them r~chablg Page 36 1 for the cli. e~ts that Denton Affordable Housing is 2 roaching. 'l'har~s the main mason wu need thc increased 3 d~sjty, k has to do with houses per linear 4 streeL 5 COMMISSIONER POWE[J.'. What would be the 6 dff]~mn~ il~ ~ey were being built by -- 7 b~ing bu[tt' by rh~s particular entity and they wcrz bcin~ 8 built by an nwragc dcvdOper? l mean, ama't they goin~ 9 to have to live with thc z(ming ttlen, also9 't0 MR BUSSEU.,: They would citer have ro i 1 rezooe it or live with the gm~nr NR 4 ZOBi~. YoB bet. ] 2 COMMISSIONER POWBLL; Thglik you, 13 COMMISSIONER MU1ROY: Any fur[her 14 qtleg[[Otlg, Commissioners? 1 5 MR. BUSSRI.I.: t dO want to poim out.just t6 one thing mai quick We did do a neighborhood m~ting, 17 as they mentioned And before flint, they al.~o, ~nton lg Al'lbrdab)e 1 [O~S;ng, canvan~d the neighborhood with 19 eanpNets describing what the plan was. So they reached 20 every hou~ t}mr way. And then [Br thc o~crs ~bat didn't 2t live in thc area that wcm renting tim houses, they also 22 mailed 12ose pamphIeig to them. go ~ wanted to bring tha~ 23 out Apprecia~ your 24 COMMISSIONER MLJLROY; okay. T!~ank you, ~25 Mr. Bussc[l. O~y. Now weql take comments fi'om thc PLANNING & ZONING COMMISSION OCTOBER 22, 2003 Page 33 - Page 36 FROM : GTGMBJG- Nov, 06 2003 10:22AM FAX NO. : 940 6865348 CondenscltTM Page 37 pUi)iic And ['in going to emi thom iu order. And l'ni 2 going ro call a s~coud name. and if you'll come down and ,i~ het~ind 2;e sp~km', ynu' II b'e ~:-~dy t0 get up when 4 first speakor is finish~t, Sa fl~e first speaker is 5 Carhoa Wcadcl and the s~ond, Jamcs Fagan, Mr. Wendol. ? i'm Carlton Wcndcl, My wife and I $)ave lived gr 3300 8 Wcodthrush Lane tbr a li~io o~m' 34 years. Wc wm'~ the 10 fl~e Singing Oaks Addition, And in ttie onsuing 34 years. [~G NR-4 zoning bas served lm well. And fl~c idea tttar 2 xn o is compatib[¢ wltl~ the g~retlI NR-4 zoning j/iSl r~lly d~sn't - [ do not un(~rstund. 1 understand the 14 economic~ but l also know dial dicm's s onto oll~q' 5 d~vclop¢rs, (t~elopmcnts going in OUt tlm:'e that am zoniug and th%,'m coming kl a~ [ess t[mn $!20,000.00. ,8 5.,Oil hadn+ t gathm'ed that. 19 So the same organizatmn 8ev~al years ago 20 tuna sim[far a txofic in a somewhat more blaant manner 21 by moving in houses. Wanted to put-- get 22 z0aia3. And tim Conmfisslon a7 that tinic and pm'haps even 2 ~ ~he Ciw Council saw fit/'o rqj~ ~b¢, ~(ven fha 24 ouIxent, last devotopiil¢nt that Denton Affoidable lton~ing 25 put in is zon~ NR-4 and it is basically across d~c strmt Page 38 I from tile Oriole Court. So my vote is no. Thank you. 2 COMMISSIONER ,VrU~.ROY: At[ riO~t, Thank 3 you, Mr. Wendel. Bc[bre we continue, I just want. to 4 rcniind Y' all, the buzzm will. go off at two mmtll:eS, That 5 will leave you one minute to Fk).i¢~. 6 Okay. Mr. Fagan, if yon'[[ come up to thc ? microphone, And, Mr. ilyde, if yowl[ come down, please. 8 MR, FAGAN: okay. My name is .Tames Fagan 9 and I live at 3304 Weodflm~sh~ And I've Ih,ed t. liere fbr i0 abou: 2: and a ha}f years, l~iu also ~peaking in I opposition to changing n. 2 I wmt to thc Pinna[oS and Development 13 offJ~ two days ago and re~ived this n~p, which is vcry 4 snnitar to the o:~e that was put up befbr¢. And i not,ced 15 that it's 7~oed, eewthmg around the two devdopmenrs is 13 alreMy 7otlcd NR-4. And yet h: a flyer :hat we got Ii'om 17 D~mtOn Affordable Housing, rhig was sent out. 1o the ent,u i 8 neighborhood, 1'2 just. read yml one tcntcncc froni it, ~9 DAHC [~ls ileal, an NR~¢ zoning dcsignad.on is more 20 compatible and consbt'cnr with the surrounding area and; ii n:emfore~ 'more appmprlate for die development of these 22 parcels, 23 ].<raking at tilts nia~ i doo't see any NR-6 25 ama. So tf them are ac X~-6, kow could it possibly be P~gc 39 ! compatible and conslskmt? And. baslcalb,, I 2 Mia: wc'rc looking [bt is compatibility and consistency. ] I tal.kcd t0 a/~0~lcr ~volop~' today who's 4 [~wlophlg sonic lictors just uortl~ of hinge, right up here, 5 Maple Leaf t'tonics. And th%,h~ d~v~k~ing, l ~ink tli~'rc 6 pu~ing ia 55 or 56 txomes, They a~ complyil~ with the 7 Nwa designation So il smuts to me like tl~c same 8 s~mdards sheuld ba appli~ to cwwon¢ and w'¢ sh0uldn~t 9 have lwo s~ vi' rul~s he~. So 1 wou~d encourage, yot~ 10 votu to k~p the s~{,4 as it is now, I 1 COMMISSIONER MUi..ROY: okay. Thank you, 12 Mr. Fagaa. 13 Mr. Hyde, if you'll com~ to d:e microphone. 14 And, Jean Pckam, if you'll come on board, please, 15 your name nnd ad&ms, pkas¢. : i 6 MR..HYDE; GOO(] evening. My name 17 Hyde amt I live a~ 3406 Kingfishu~ Lane, A~d I'm opposed I g to the zoning change, t've 0nly rmenfly moved 19 Kingfisher. Pre b~n thee abeut ~o and a half years. 20 And I'm oppos~ m it fbr a namb~ of r~son~, but 21 primarily my main conc~n is dxe -- wc ah'cody have 22 u'affi¢ prublem out thm~o on MockJ~gbh'<t m McKiancy 23 St:m: and getting ot~t ~Yom dim'e fi'mn O:iolo outo 24 Mockingbird - gcuiag on Mockingbird is akmdy difScult 25 ouougk as it is and any zoning change wouk[ increase Page 40 I number of houses aiad, hence, increase tlm mmiber of 2 x, chic].os thai wot~ld be in those subdivisions, And I thbk 3 it would mako it much more difficult and make a bad 4 prol)lcnl already even worse. So lt~qt is fly ~i~a[n Conrad i~ 5 fl~C traffic and congestion that would, be caused by a 6 zoning change. 7 I'm also conc~ned aborn some of the g drainage problam that might be ufleJtmt, I know dial 9 there's some ltou~¢s on Kir~gfigher at one end flint h: yo~3 lO past have floodcd. And I ki~ow ~lmt's not ag hlg a problmu I I now as ir once wax but tb~e's ~fill soma concerns about ! 2 tim flooding and drainage isslles over thm'c at lbo cue oild 13 of K~agfisb~ closest D Mockingbird, 14 And i also beJi~ve zhm fl~e zening change 25 would Imt be in cbm'acr~ with om' ~isting nui~borhood 16 ~hm'c on KingFisher and in this cat.irc subdivision. So I l 7 would ask you to voto against it, if you would, pi~s~, 18 'l-lmn~ you, 19 COMMiSSiONER MULROY: thank yon for yom' 20 conuucnts, Mr, Nyde. Okay. NiL Pekara. if you'll are? tc 2 ] dm microphonc. 22 And, Wmidy Muyfied: if 79u'11 come down 23 onboard, p [~qse 24 MS. 2E~/dg&: okay. My name i~ ;can t'ckam 2fi arid I live at 3403 Kingf;sher Lane, ~vhich is right hi ~h¢ PLANNING & ZONING COMMISSION OCTOBER 22, 2003 Page 37 - Page 40 FROM GTGPI~G- FA× MO. : ~0 6865~ Condcns~ltTM Nov, 06 2003 10:23AM Pll ! middl~ of tho block fz~ing thc cir. p(y !'icld 2 to rJ~¢ c¢7oning requested by ~:nton Al'ibrdabl¢ .('lousing. 3 Everyone [n our ~,eighborhood [s zoned NR-4. ilor NR-6, wl~y] 4 shouW the surrounding area be 5 other N~6 ~nlng in thc m~ti~ ~en? I'm 6 many hours being built m just such a ~ma[[ ama. 7 Mainly because wh~t h' there was a fire 8 buck the~? ~e way it's organ[zed> 9 liltle sort of round circle or cul-de-sac ri.ght at thc t0 end, Wall, if thc fire ~'acks came in and 22 people, 22 1 ~ houses with imni[ics all t.rLed to get out at the same ~2 time, it would be catastrophic. My 13 We also l~ve a flooding problem. They did :4 tW to work no i.r and tlney did make a b~, impact. But thc 15 way thc area is jLlsL behind our lmuscs, it's sort of at an 16 m~glc like this, so when it rains, it floods rlgN is. to 17 our backyards. And 1 mally feel that someflqing nccds 18 be done about tM drain~e before any building g~s on. 19 But I molly mn opposed ro the Denton Affordable ltousing, 20 the ~vay they're operating. 2! COMM1SSK)Nr~R MUI.ROY: Thank you tbr yotlr 22 comm~nts~ Ms. Pekma. 23 MS, PE~RA: Thank you 24 COMM/'SSJONR2 MULROY: 2> you'H Step up I0 the mic:'ophone 2 3 4 7 8 9 /0 Il 12 .14 5 8 19 2O 21 22 23 24 Page 43 ! up to this property liar lam coazunem is imc,'osfing 2 b~ausc thoro ~s no dirsct access from ot~' ileighborbood ~t~ 3 L~, nad lhar would cm~D soma moro problmns~ 4 My anti,Standing N fl~ cma~l tNs 5 ~w~opnmnt C:od¢ for a vafie~ of d~etopmcntal te>;sons, 6 aS well as trying to address transiri0n problems bs~m, 7 ~xisting neighborhoods sm~ lo t~ to provide more ci;izen 8 inp~tt into coding issuos. The process of bringing sonm I 9 roa¢l;-iafe.smd asbegtos~fillcd houses onto Mockh~gbi~'d at 10 the otticcfions of om' no~ghbors se~ainly showcd tho 11 p~czess, why wc t)~ mom proccdtues, why we n~d~ a 12 Code 1o dcat with trm~siLion issues. Arid while ~tl~o)~ i 13 ~ousing Authority lm~ done their best to fix those l, ousus 14 up, t].7oy cerlain]y don't match visually to the houses in ~ 5 ;!~0 .earby neifihbodmod t6 Now Denton Housing Authori~ wants to 17 chang¢ 1k¢ siy~ of Ibc lois, And they want to change tim 18 size of Om lots that back up to the back of my house. 19 Tba~ area is ~1~ m ~b0r t~t above my backyard. So I 20 am conc~n~ about l~ow denslt7 changes w;mlfl impact 21 d:'alnag~ and how it would impac~ an~hin~ flint's going on 22 back thm'¢. 23 As someone who has lived ~em for 20 ymrs 24 and invcst~i my life thom. J certainly (tOn't want to S~ 25 a cMngc in tho sJz¢ of tho lots, I want it to comply Page 42 A, nt]~ Don (.ioldston, yon'l! be on board, please. MS MAYrJlI~I o: My natne is Wendy ~yEcld and t tlve a~ 3321 Kingfish~' La~c. And our baekyard development, i'm opposed to Iht zoning chang¢ for similar om~ n~igM)orhood. Abe. ~ ~vo concerns, althot~8i~ ~ know not qu{te a zoning issue, aborn where th~qe children going to go to school who are going m l~ve in all these louses that arc being build ~n tiffs neighborhood, Lm El~nnen~ary School is going' ~a'ough a r~onstruction right imw. !{owcvcr, it's ant going to be able to hold 1f we add more honse8 and more nm:see and mum houses wMmut building thc n~ossayy schools and lnllaswuomrc thor o~g to }rappen fllo¢o, ~aak you. COMMTSSIONER MUI.ROY: All right ~mnk you. Ms Mayfi~ld, ~l~se. MR. GOI.DSTON: GOOd evening. My uaulo DOn Ooldsror~ and I d0 live 0n 3405 Kingfisher which backs Page 44 t with whads sun-ounding them, I watnt to s/ct3 that they do 2 firings w&l and tho; thw fit in, because dmt's, again. 3 part Of ~bO ~¢ason they did this new Zoning Code was to 4 have p~p~ n-ansifion. And right now flley donq 5 if fl~cy chaa~ ~¢ siz~ of the lots, Thank you, ~ COMMISSIONER MU[,ROY: Ali right, Thank 7 ynn, Mr. Androgen. Excuse me. ~k. Androgen ~ ~tp. ~laflk 8 you, Mx, Goldston. 9 MR. ANDRHSb2N: MP, Chairman. 10 (~MMISS[ONBR MULROY: Ms, Jan~ Prova will I 1 bc on board, will be tlic n~t sp~km'. And 2m sorry to ] 3 MR. ANDRESEN~ okay. 14 COMMiSSiONER MULROY: GO right alma& ] 5 MIL ANDRHSF. N: M7 :lame is Rich At'tdreg¢~'~ and 15 Fin against tim zoning change, i was involv~ in I 7 d~v~lopm~uL of fl~ B~llaim HuigJ~ts subdivision} which is 18 OUt t]lCr9 oa Mockingbird and Westin AVCtlUC, My 19 arid I bllil[ [er~ Of thOSe h01~ses. I still Own ~o of rh~n, 20 405 Mockingbird Lane which is ri~l across lh¢ strmt and 21 409 Condin CJmlc. 22 I ~I llke the ~,ming chan6e would have 23 ~c~ativ¢ iml~act on l~ro~m'b' values alt around this~ 24 nok a s~ret -- by thc way, l'm also a T~as rmal 25 bl~r so I can ~ell yo[.t ~at ik's not a smmt in 22, 2003 PLANNTNG & ZONING COMMISSION OCTOBER Page 41 Page 44 FROM : GTGMOJG- Now. 06 2003 CondenscltTM Page 45 1 circles that when you increase thc zoning density, you're 2 dec,'casing thc prvpe,'~y values ~herc all around yot.~ It 4 any otl~' masons, I just feel i~ going ~n and towering, 5 or increasing the ~nmg density to NR-6 would be 6 n~gatwe influcnm on om' neighborhood, 7 CQMMISS1ON'ER MULROY; O~ay. ~mnk you, 8 Mr. 9 Ms, Prove, p[c~. 10 MS~ PROVe: fiend evening, Cotmu[sgio~, My ~ ! nmnc is Jg~o Prove. l'm fl~e executive director o!: thc 12 Denton Aflbrdable Housing Corporation. And before 13 begin, I'd 21Re re apologim for ely voice, l'm sorry. 14 CO~[MISS]ONER MULl{nY: C:Ot~lrt you give U~ ~5 your address, pleura? [6 MS. PROVe: YeS. My ad&cas is 604 North 17 Boll, Denton, And a number of issues lmvo b~n presented 18 this evening+ I'll try briefly to ad, ss each of them. 19 Our primary a~d really only reaso~ 20 change from NR-a re an NR-6 {S because of thc cost of the 2i infrastructure that will be mctnired i~ both dcvck>pments, 2o tf we're able re spread those costs across a t~w more 23 units, wo oma keep the homes affordable to tlm folks that 24 we're hTeng to 25 Denton Affi>rdabie Housing Corporation is a Page 47 I rebuttal and :'¢atly not as a private chiton speaking. ~ MS. Peeve: Okay. 3 COMMISSIONER MULROY: So I'm raking h away 4 from his ten mhmres, 5 MS. ?ROVe: okay. Welt, I wili be very 6 briefi An~ay~ i jUs~ waned to cmp~asim r.he fhct [~ar 7 tl~t is our sole pm~oso in a~king ~br this zon~ change. g is ~o be able to increase the mnnbev of homes that can be 9 buih on those two l>ac~ls slightly so O~at we can keep !0 rho~ l~omcs mom affordable to tim working folks m 11 DcnX~n. And with that, i'[1 close. 12 COMMISSIONER MULROY: Okgy, ~mnk you, t3 Ms. Prove. 14 Mr. Bussci1, you have about seven mhlutes !5 ~o comp!ere the rebuttal. ,16 MR. BIiSSELL; [ won't k~p y{~u here that I I7 long. l~t me i%sl: this on :he sct'~n mai quick For 18 the drainag< the area :hey're talking about right here in ~9 the tope, remember this big hilt way up here? Thi: all ,~0 &nine this way. City of ~nton helped s~e, %ay put a ~21 channel hem and ~.ey dimc~d it to ~hls l~rge detention ; 22 pond. What this development would be able [o do is oetoh 23 any drainagc that is conrlnuMg down, put ir in thc 24 strut's ch'ajnage syslem and t~ it Up re that stone ~25 place. Also, the front of ~hese houses would he able ~o Page 461 ! no~-p~'ofit housing dcvc!opment corporation lxze in Don[ou 2 and our goat is to try to make home owncrshfp 4 income range, those folks ti, at am having a tx~d rime breaking into the mar~t right now. And by allowing us to 7 Mr. F~an me~fioned thc lhcl that 8 broclmre ~at we distributed to th~ neighbors 9 the compatibility isguc. I think purl of what is being t0 per~aps conl"used hem is that our conten~rion is [l~at an 1 ~ NR~6 really keeps these infiI1 ames more compatiMe to I2 the previous zoning designation of sF-7 that .t~iated to 13 thc ch[irc 14 COMMISSIONER MIJLROY'. Okay. Ms. Prove. 15 NIS~ PROV(): Yes. ] 6 C(.)MMISSION~R MUI Rev: ¥0u ]luvg On~ IIlOri; 17 minute. But what l'm going [o do is extend yotlr time lo ig tho f'B3J ton ~.YFI.B~rO8 because you':'e really speaking as 19 applicant and the rebuttal. And [f ymi w[SB yom' lmm 2O planner tO also speak, you'll have to make good usc of 2! that full ten minute. 22 MS. m~OVO: Okay, I'd llke re rtllow 23 sufficient time for Mr. Buss&l, too, N case there am 24 COMMISSIONER MULROY: W~ll~ t]:l~t~s whu[ 2~ wamlng you of, You'~ really -- you have used rime a~ a Page 48 1 drain fot-,vard ~x~ thc street, nice. $o a iot of tho,se 2 drainage problems should go away when wehc able to 3 capture a lot of flaat drainage into the s~r~t. 7Lis 4 development hem actually drains toward us ioste~ o[ 5 toward tee houses. So that al~ draJ.~s ~oward Mockingbird. 6 ~m traffic problem Dr tee increase in O trdfic, remember we're asking an the-case in z~ning of g two units per acm here. We're ~ot going from two to six 9 or Six tO 12 Of ff0Br' r0 12, but an increase of twe units 10 per acm. So fine increased traffic is them a tittle bit 11 ~t is. But we also -~ you know, we have a traffic light 12 a~d we have a eel.lector s~t going re a m~[or 13 Loop 288 will bc cxpandcd to six tunes soon, God willing. 14 So a lo~ of those issues are being resolved, 15 I ca[lcd thc school district today and ~e 16 does have some capacit.y for ~diti~al students in there 17 And. once t~gttin, we're taIking about an increase of two ] 8 B~i. tg per acre. So wirer, her ir*s at 4 or whether ifs 6, 19 I]~are's going lo be some additional s['udent~ and we 20 believe that's ,'eas~abte to get the affordable housi~g io 21 them. 22 ~xc ncgativc in:pact on Eousing values, I 23 think with fhe Development Code restrictions on what ~24 houses have got. to look li~, tim increased sidewalk 25 s,:zes, line at~ution paid to site design, increased PLAN-NYNG & ZONTNG COMIIVIISSION OCTOBER 22, 2003 Page 45 - Page 48 FROM : Nov. 06 2003 i~:24AM GTGM~JG- FA)< NO. : 940 £865~48 Condcnselt''~ d,'ain~"~ ,equity:meats I think the housing valt.:cs actumly ] 1 will be higher or as high as Tiqosc surrounding. So I / o i 2 3 dm't'% t.hirtk thv, t's an issue but LhuVs a call 4 Also, when you talk a.bo~t compaib i t ity, .5 the ss 7 tl~ng was brohght up. [ ~6d ~(> do layouts in 6 sF-~, I still do around the m'ea, You'll sec, dep~oding T on lhc geom~U'y of ~he propmiy tha~ you've doing, you'll 8 get a range fi'om 4.5 ~0 5,5. I1' you're really /~cky and 9 you dOa't have m <lgdicato right-of-way, yo,a may got sJ.x ~(] trails ~)of acm. ! 1 So we're aot. ually talking from thc !3 we're actually ttdkNg 1.5 to one un'~t per acm increase 14 froln thc surroanding ama. So 15 Mst), the ~velopment Code not ~[y Iff addresses ColuparJbitky issues, but it also add~ss~s a ~7 variety o[' housing typcs in nelghborhaods, And this doss 18 do ~at. Without pu2ing somerhiog, you know, odd, like 19 M{MU t,. in tl~em, this is still sit, els-family housing, 20 still owned by individual lots with the qeality thc 21 Development Code 22 Any quostions? 23 GOMMiSSIONER MIlLROY: Me. Roy 24 COMMISSIONUR ROY: A lot has b~n made 25 about ~e compatibility issue, One of the statemcnm Page 50 I that's i:t our bazkup package J.s that the. proposed lots 2 would not be smaHcr tl~n the ex[sting residential i. ots in 3 thc violnhy, 4 MR. BUSSELL: J thi'nk that's not 5 ~t~nk some of tlmn ~. S~e of thm~ will be. 6 thttt'? i didn't wri~ that so i dm'r know. 7 ('OMM1SSIONF. rt ROY: NO, yo~l didn't, i'm g ~yi~ to un&rstand this ¢ompatibi!ity issue, in our 9 backup package: it discuses ir several ~imes 2~at the 10 proposal is cmnpadble wkh the existing n&ghhorhood ] ) And I'm struggling with that, 12 MR. BUSSELL: well, compatibility d~sn't 13 e%ua[ m{motony. Compatibility dr~s not mean that all the 14 -- you know, it docsn'l have ;o look like Cq, pcll where 15 ids a whet -- you know, it's just a bunch of brick. ~6 Thaffs not compatibility, Cotnpatibility is dc~s h work 17 togctMr? Is il still a ueigl/bmq~ood? Docs it look odd 18 where ifs ~t? What we've p~'oposing i~, remember, they ~9 have bailt under gF% we're proposing ] ~5 to one unll per 20 acre over who they tart: on a cokket0r street, not goiilg 21 O~ough the middle off the nelghhodmod to 23 density should go. But it's not so high and so big 24 diffemn~ between tim densities that it ~.ooks our of 25 place. Page 5 COMMISSIONI-iR M[ILRO¥: Mr. POWCil. COMMISSIONER t, Ow£r.L: Thank yell Sit'. 3 a !il:tie confused You kccp lnentfoning s).'-% wiuch I 4 suppose would mean NR-* now 5 MR, BIJSSELL; NO, lL'S 7,000 square fool 6 lots. 7 COMMISSIONER VOWEl,L,: T}mnk you And 8 t~tlkJ.Bg NR-4 or Nlq-& HOW does d~at relate'? 9 MR. ~([SSEI.1..: Four Units pet- acm or six Il0 milts per acre. I I COMMtSSiONIgR POWELL: I u~derstand dial, 12 But thc square lk)o[~e, the 7,000. 13 MR. H[~SSELL: lt'S based on net so all I 14 can tell you is whm~ doing SF-% depending on tl,~ 15 -- rmne~[lbef, SF-V. it had to be a minimum of 7,000 square !6 foot. So you're geom=try could either maliy help you or 17 really }tort you on your boundary~ I'm talking about= t 8 because of rigl¢-oiLway, et ~tera, So, llke i said: 19 you're going to averse 4.5 to 5.5 umts her aere~ So I 20 know that's not an exact number, but it just depaxds on 21 thc property. :22 COMMISSIONER POWELL: WOOl, when I look at ~23 the z~[ng map ~- i'm so~y, that would be argm~entativc. ,24 t don't x~eed to get hate ~at. 25 MR. BUSSE~.r.: Vm not going to take it Page 52 personally, Yo~ can do anything ymi want. 3 fine ~Vc'll talk about that )alc~. Tlmnk you, 4 COMMISSIONER MULROY; MF, Welkins 6 ~'. Clmirman. ~ notice in o~r ~nton Dm'elopm¢nt Code 7 dif~krence began N~-4 and Ns-0, as you saW. 7.000 8 ~qum'e frei er 6,000 square ~t. Bur iatgo nodcc both 9 r~uit* a wiOi~ of 50 [mt: and u d~fl~ of 80 [0 MR. ~OSSELL: Real quick, if yot~ I I that real closely, dmso am for tracts two acres or lass 12 If you're aver ~,o acme, it is .just units 13 there's lwn sections of flier. ! 4 COMMrSSIONF. R wArm,NS: A~ We ta~ing about ', 5 34.00() equine f~ per acre? ~ 6 MR. ~*USSELt.: 43,560 iS in an acre. 1~ COMMISSIONER WATKINS: Blit if yOH'l'~ 18 m~ing about 6,000 squom 19 MR BUSSELL~ well, what Ihn saying i.~ 20 lhtn's not appJicabl~ re eith~' of these warts because 2] lhcsc tracts al'o five acme a pi~, And whnl you'~ 23 24 COh{MI.~S1ONB~ WATKrN$: okay, 25 MR. flUSSELL: And those tracts of two acres PLANNTNO-& ZONING' COMMISSION OCTOBER 22, 2003 Page 49 ~ Page 52 FROM : GTGMOZG- Nov. 06 2~03 1~:25RM P/4 FRX NE. ' 940 6~S5~48 CondenseltTM Page 53 or less, [hey want I.O n'~ahlmin st'-tnda~d lot ~i'~s so you 2 do~*': CCi rcalJy odd-i(x)king 3 probably answer tlmt bct~r. 4 coMM1SS[OXE~ 5 various w[dtl~s, a.s wel~ as dq)th. 6 MR BI.JSSELt.: That's CO, Ct 7 (X)MM[SS/ONER WATKINS: Okay. T[lank you. g COMMISSIONER MULROY: Mr, Strangc~ 9 COMMISSIONER STRANGE: YOU :night give mc a 10 couple of numbers you mentioned corkier in llne wirln this 1 aff~dable housing c~pr. You mentioacd [hat. t'be 2 average co~t oC die house would be, you hud a rep range 13 ged wlmt yoc felt 15 thai Mr. Strange, and slle coald answer [hmn more 16 conci~ly than 1 ? COMMISSIONER ~TRANG~; ~8 your conumen~% you menfioued like $12(L000,00 20 discussed iha.t at her off~m~ today: ii' wc go i'o NR-4. 21 we'~ t~)k~ng S! 20,000.00 start. If we stay wkh thc Nx-6 22 or [!' we get the NR-6 701~i~1g, i; WOt~d ral~gc from 23 ~90,000.00 - probably start about ~90,000.00. 24 C. OMMISSK)NER s'r~NG.E: Ye~l. ~ut struck 25 me as odd. Are there things other than the dm:sity of the Page 55 I inlluencing anybody's de. dsion aboat wb. at wc'i'c here 2 ac¢omplis!l. 3 MR. BUSSEI.I..: Yeah. ~ ~ndcrs(and. {r has 4 to do with single-lo'lng that strut mostly. 11 becomes 5 -- welt, you know, it's expensive to build a street whom 6 you're only serving hen' of it, along with mlprov~ng -- 7 you're s[tlt doing the same am.oBnt of work but you're 8 gerti.ng a lot less, yoWro getting ten less homes, or 20 10 COMMISSJONER STraNGE: Right. I 11 w~derstand. But ~,. less homes at g30,000.00 is a i? It's ~300,000.00, So I was l~y[l~g to equate that re just 13 some mental math T was dome based on average lot pri~s 14 and dcnsiEcs in Denton today. And r.hat seemed lkke 15 pretty high nmnbcr. 16 MR. BUSSELL: She has mn the numbers m~d 17 Lhat's what we discussed lx, day becau~ I kne.w the 18 question would come up. So it's -- 19 COMMISSIONER STRANGE: Okay. Al! cighL 20 Thank you. 21 MiL BUSSELL: YCS, 8i1'. 22 COMM[SSJONER MULROY: Mr. Johnson~ 23 COMMISSIONER JOHNSON: The Nevada 24 aIong Moc~ingb{r'd, the lot width, {hey }ook like they're ~2, pretty narrow lots, Page 54 ! proposc4 project here that's goJug tv affect rha~ cost 2 because rllafs a V~L~ sab~mndal cost dii:l~mnce fo~' tim 3 diange in densi~? 4 MR, BUSSEI. L: YOn bc~. A lot of' it ]aah tO 5 do with, once again~ you go back m g~mchy of the 6 and rigN-of-way accede. When ymt start going NR-4. 7 ~qpecially on Nevada Court hu~ also on Oriole, you have tn 8 pttt a public stt'~t back ti,~re t<~ sm'vt. 9 Wlm~ you ~o ~R-4. ~Nht kind of 10 what yon're ending up having to do i.~ single-side, 1 ! singleqoad Pais[%' as it g~ back. thmv bmaus¢ you 12 can't get it in flxc middle lhm-¢ like shown tmatzsc you 13 can't get ~he Iol si~ xhat you n~l. You g~ really ~4 odd. r~lly wide 1o~. D~s t[mt make sense? So i5 why you s~ d~e big mcr~,sc in costs. That's one et' file 18 thor's a sll~gmatial~ flit nmuber yeLl're ta~ing abouz is '19 snbslan~al, And l'nl just ttTing tc look at ~t feom 20 coI*¢epl of affordable housing v~sus wl~at housing would 21 jf it caulc hi undO' NR 4, 23 COMMISSIONER ST~kNOE: If WO'I'~ looking at 2~ prc~, wid~ enid. I just didnh want tine ,mmbm'~ t~ Page 56 MR, BUSgnr. L: Those are -- I'm sol'C,', COMMISSIONER ,IOI4'N.q(')N: welt, how naa'my are 1 2 3 4 MR. mJSSgLL: Right. Still con~tual, 5 dx~st~ l'igla now a~ coimnon wall duplex or to~wihouse~ wid~ 6 tho alley in d~e back. That's why they're narrow. 7 They're 30 foot .shown tt~e g COMMiSSiONER JOHNSON: B~catlsg thc lot, 9 6,000 square ~bot h>t can he, I guess, one foot wide and a .l 0 1o~ of f~ long, rigN? I 1 MR, B~SgLL: 6oo t~t ~- yeah. You bet. 12 COMMISSIONER aOBNSON: Ard fl~o way you've 13 go~ it pica'ed hera d~s look a littl~ bit out of 14 chm'ac~m' wkl~ thc oth~r tots in ~.1¢ n¢ighb0rh006. 15 m~. m;ssuku YOu bm. Ri~t, 16 tllc odd configtu-ation of t~nt tract and facing 17 Mockingbird. it didn't s~n ant of place to put t0wnh0mm 1 ~ ~r duple~eg aleag a collector [ 9 COMMISSIONER ,IOHNSON', ,M'~ there 20 tow:lhoine~ or duplexes in this ama? 21 MR B'USSELL; I don'k buliuv¢ 22 COMMISSIONER JOHNSON: okay. Did 23 thc ncighborhcud [ 24 Ma. BUSSELL; ~h, y~h, ~) COMM1SSIONNR ]OIINSON: Wag '&ia C0aCCpt PI~ANNIN(} & ZONTNG COMMISSION OCTOBER 22, 2003 Page 53 - Pag~ 56 FROM : GTGMOJG Nov. OG 2003 10:26AM P15 FAX NO. : 940 5865348 Condenselt~'~' 2 MR BL;SSI'.I.I.: Y~. S COMx,I~$$~ONE~ ~OITNSONh And xvCrC thom 4 colmncnts at the neighborhood ii~eti~g at)out it'/ 5 MR. BUSSK!.,L: 6 COMMISSIONER JOItNSON; whttt s~lncd 1:o bc ? the concsm, m your opinion? Was it to~mhomcs and 9 MR. BUSSEL'[.: Tllm'c was a connn~lt, I think~ !0 on th~ townhom~s, dup~cx~s, an~ that w~s abou~ it. I 11 mom% we're not mlk.ing a who[c bm~ch of garages ~n the 12 !font and things lik¢ ~hat, So the appearance ~roin the 13 strut is going rd be really ni~. But I believe d~e.re 14 wer~ some, maybe one or two connnents. It wasnLt a 15 hcad-burriag ~ss~, as I recall It was a good meeting, 16 thougtL There wasn't airy mol head-butting there~ 17 Everybody was maliy cordial. g COMMrSSTONHZR iOT'TNSONh Okay. Apparently, ~9 drainage and ~aasportmhm waso't dincusscd because r. Hat 29 was brought. ~p aga}.n hem tonighK 21 MR. 3USSELI..: No. Transportation was not 22 discussed, but drY, age was discussed. 23 COMMISSIONER JOMNSON~ There s~r~ed to be 24 ~s~ab~e explanations for the ~ain~e issue. And 2> transportation, of course, is a problem city-wide. But Page 58 I when McKinney wid. CLlS llp, :bal solves a tot of pcoblems 2 xvi~ ~ansponat~on in 3 that was brought up at ~lu ndghborhood m~ting. 4 MR, BU$$~R,I.: 5 ~ransporratioa was brougj~t up, gat like i said., drainago 6 was. And I explained the sonic flung in drainage that I ? did just now to you. 8 COMMIESIONEI{ JOHNSON: Okay. Thank you. ] 0 COMMISSIONER MULROY: okay. Tl't~'e's no 1 ! I~l~ questloa~ from tho Commisslon~s so we're going to 12 t}mnk ND. Bussell and dose thc public h~riug. And we'll '.5 bc open fo.r discussion or motions+ Now, weh'cgoing to 14 look at thcso as two scparal¢ items, 5A and 5B. T]~ 15 dismi~sion is opea to bo~h. But whvn wv gut ready to make 16 a morion, lu~'.q stun wifl~ 5A, pZaso. ~'. Powd], :J 7 COMMISSIONER PO%ELL; wou.ld ~18 appropriate to make a motion and then discuss it, or 9 versa? 2() COMMISSIONER MULRO'g: Help yotu'scif. 2] i'ighr ahead. 22 COMMrSS~ON~tq POWkH..: rh=n I'd Iik~ a 23 lido d{soussion first, if T may, Sir. I'd like m polnt 24 out that one speaker, oho of '25 la,mi ubeat it just being a few imuscs whon fl~at was Page 59 1 a(h,m~lagcoas. Thc second speaker said il was a lot 2 hot;scs when that w~s ~dvantagcous. You know, t don'! 3 ttiink they -- they may have ind today but L{:C3, didn't geL 4 thcir story straight. 5 I understand thc n~d for affordable 6 housing, i reprgsm~t un ~a of thc City that I doW: 7 live in that really needs affordable housing. So [ think 8 I understmd it as well as anybody. But 1 also 9 the responsibflfly we have to thc ~xistb~g taxpayers here 10 and homoowners. And I'm looking m tlm existing zoning 11 map and t don't ~c an34bing but sn-s and NR-4. So I lg Zaoing toward, leaning toward denying diem both i3 point Lhar out. J 4 COMMISSIONER MULROY: 'dlank you, 15 Mc, PowctL Okay. If no one else wishes rd speak, the i(4 floor is open for a motion, please. ~7 COMMJSS1ONER POWELL: Move to deny. 18 COMMISSIONER MULROY: That's SA? 19 cONrMISSIONER POWBLL~ YCs, 20 COMMISSIONE~ Mr lLKOY: MOtiO~l by Mr, Powdl 21 on 5A to deny. 22 COMMISSIONER JOHNSON: !'Ii scored 23 COMMISSIONER MULROY; second by 24 Mr. JoHnson, Any discussion? if not, pl.ea~ yom. It's 25 a motion to deny So if you vote yeg, that*s to de~y 12 PLANNING & ZONING COMMISSION OCTOBER Page 22, 2003 Page 57 ~ Page 60 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: November 18, 2003 Planning and Developmem Departmem Jon Fortune, Assistam City Manager SUBJECT - Z03-0023: (Nevada Cour0 Hold a public hearing and consider adoption of an ordinance concerning the rezoning of approximately 5.35 acres from a Neighborhood Residemial 4 (NR-4) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The property, commonly known as 406, 408, 410, and 414 Mockingbird Lane, is generally located at the imersection of Mockingbird Lane and Weston Drive along the east side of Mockingbird Lane. Detached and attached single-family units are proposed. The Planning and Zoning Commission recommends denial (5-1) (Watkins in favor) (Holt absem). BACKGROUND Applicam: DeNon Affordable Housing Corporation Demon, TX The purpose of the request is to increase the density of residemial lots to offset the costs of developing affordable housing. Under the existing NR-4 zoning designation, a maximum of 21 residemial lots will be allowed in comparison with a maximum of 32 lots under the NR-6 zoning designation. Neighborhood Residemial 4 (NR-4) zoning districts surround the subject site along 3 sides. A vacam tract zoned Neighborhood Residemial 2 (NR-2) zoning district abuts the property on the North. The adjacem NR-4 properties are developed as single-family lots. Street connectivity to the vacam tract will be required. The site will be accessed from Mockingbird Lane. The proposed zoning change is in compliance with the policies of the Demon Plan regarding the definition of compatibility with existing neighborhoods, promoting infill developmem, increasing homeownership, and promoting attainable housing. A neighborhood meeting was held on September 18, 2003, at the Singing Oaks Church of Christ. The participams expressed concerns about the increase of traffic along Mockingbird Lane, existing drainage problems, noise during the construction stages, loss of wildlife habitat on the existing vacam fields, the unsafe environmem for pedestrians along Mockingbird Lane, and the desire for an 8 foot privacy fence along the rear property lines of the proposed units. Public notification and property owner responses are provided in Attachmem 3. As of this writing, staff has received four (4) responses in opposition and one (1) response neutral to the request from property owners within 200 feet of the subject site. Currently, 3.8% of the land within 200 feet of the subject property is in opposition to the request. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends denial of the requested zoning changes as proposed by the applicant (5-1) (Watkins in favor) (Holt Absent). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to the issuance of any building permits. PRIOR ACTION/REVIEW No prior development applications for the subject site have been submitted. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Neighborhood Meeting Minutes 5. Photos 6. Applicant's Response 7. Draft Planning and Zoning Commission Meeting Minutes from October 22, 2003 8. Draft Ordinance Prepared by: Deborah Viera, AICP Planner II Re]~e~gtfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting the zoning change of approximately 5.4 acres from NR-4 zoning district to NR-6 zoning district. Neighborhood Residemial 2 (NR-2) and Neighborhood Residemial 4 (NR-4) zoning districts abut the subject site. The adjacem subdivisions provide for a wide range of lots sizes. The lot sizes range between 7,000 s.f. and 8,200 s.f. as listed in the following table: Subdivision Average Lot Size Bellaire Heights 7,000 s.f. Toledo Court 7,400 s.f. Singing Oaks 8,200 s.f. Existing Condition of Property Property History. February 20, 2002 - Ordinance 2002-040 placed the subject property in a Neighborhood Residemial 4 (NR-4) zoning district. The property was zoned Single-Family 7 (SF-7) prior to the adoption of the Developmem Code (Ordinance 2002-040). Adjacem zoning and land uses. North: Neighborhood Residemial 2 (NR-2) (Vacam Tract) South: Neighborhood Residemial 4 (NR-4) (Toledo Court and Singing Oaks subdivisions) Neighborhood Residemial 4 (NR-4) (Singing Oaks subdivision) Neighborhood Residemial 4 (NR-4) (Bellaire Heights subdivision) East: West: Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. New developmem in this district should respond to existing developmem with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. According to the definition of compatibility per the DeNon Plan, compatibility refers to: "The characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony... Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. "(p. 188) One of the primary residential land use principles is the preservation of existing and future neighborhoods. This can be achieved by demanding high-quality development and establishing design and construction standards that are fair and evenly applied. New development in this area should respond to existing development with compatible land uses, patterns and design standards. The plan lists the following four criteria that should be taken into account to determine appropriate site-specific residential densities: design quality, adequacy of public facilities, amenities provisions and compatibility with existing neighborhoods. The Plan identifies that the rationale governing the regulation of residential density should include, among other important points, that as density increases, the expectations of quality and assurance of proper regulation must increase; and that dense development can magnify negative impacts if improperly constructed. High densities should be concentrated where infrastructure can support them and near jobs, schools, shopping and cultural centers. The plan notes urban design principles should be emphasized in neighborhood revitalization plans and residents should help to determine social and cultural values that are reflected visually. Infill development should be evaluated carefully to promote compatibility. The Plan also identifies housing as the predominant land use in Denton and is one of the most important factors considered in the Plan. The Plan provides the following housing policies (p. 122): · Alternative types of housing that respond to the differing economic and individual life-styles of Dentonis citizens that should be developed in all areas of the city to achieve balance and diversity. · Homes that vary in lot size, building size, and cost may be permitted in new development. · Existing housing stock, particularly for affbrdable housing, should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced. · Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans. · Design and construction quality expectations should not be relaxed in order to meet affbrdable housing objectives. · City review and inspection fees should be reviewed to determine if changes could be made to ease affbrdable home construction costs. Such a program should be undertaken only if benefits are passed on to low- and moderate-income homebuyers. · The need to provide enough land to meet housing demand should be balanced by the desire to maintain unique urban patterns, character, and neighborhoods of the city. · The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. The issue of housing is intertwined with the objectives of increasing the levels of homeownership and providing attainable housing. Home ownership has been determined to provide many potential community benefits, and serves an important public purpose. Attainable housing is housing that is available, accessible, and affordable as explained on page 126 of the Plan: · Availability: The demand for housing in Denton is currently very high relative to its supply. This is true for university student housing, new types of housing for changing household characteristics, and conventional single-family housing. · Accessibility: In general, housing in Denton is becoming less accessible to jobs, shopping, schools, and other activities. New single-family residential subdivisions are often located on the fringe of the community, isolated from workplaces, stores, and schools that are centrally located. In-fill residential development that is accessible to other community facilities and activities should be encouraged. In the downtown university core area and community and regional activity centers, some types of housing can be encouraged in close proximity to other activities. · Affbrdability: Housing demand has led to rapidly increasing housingprices. This pressure tends to produce new housing only at the upper end of the housing cost spectrum. For most members of the community, living in new housing is less and less likely. A full range of housing should be available in Denton so that all members of the community that want to can live here. This housing should be accessible to work, play, education, and shopping. The proposed zoning change is in compliance with the policies of the Denton Plan regarding the definition of compatibility with existing neighborhoods, promoting infill development, increasing homeownership, and promoting attainable housing. Development Review Analysis Transportation A Traffic Impact Analysis (TIA) would 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. Right-of-way dedication for Mockingbird Lane will be required prior to development. Access The proposed development will be required to be accessed from Mockingbird Lane. Road Capacity The Denton Mobility Plan identifies Mockingbird Lane as a collector. This street is designed to be a four (4) lane undivided street with parking, providing two (2) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 7,500 trips per day. Mockingbird Lane is currently constructed with two (2) lanes with parking. Development Review The proposed zoning change would increase the maximum number of residential lots to 31, a difference of 11 residential lots between the existing NR-4 and the proposed NR-6 zoning designation. The NR-2 zoning designation of the northern property is considered a "holding" zoning designation with the potential of the vacant tract being developed for a higher density (a rezoning application will be required for this matter), compatible with the adjacent NRMU-12 and NRMU zoning districts (see Attachment 2 for zoning map of adjacent properties). A higher density district to the south of the vacant tract (the Denton Affordable s Housing's property) would be appropriate. The proposed development will be subject to the site design standards per Subchapter 13 of the Development Code regarding variability in architectural elevations, street trees, architectural design features, trimmed windows, and entrance and garage orientation. The differences between the existing NR-4 and the proposed NR-6 zoning designation are summarized in the following table: Land Use NR-4 NR-6 Attached Single- Specific Use Permit Permitted family dwellings Live/Work Units Not Permitted Limitation 16: Uses are limited to no more than 1,500 s.f. of gross floor area per lot Duplexes Limitation 3: In part of a Permitted subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. Manufactured Housing Not Permitted Specific Use Permit Development STAFF RECOMMENDATION Staff recommends approval ofZ03-0023 based on the following findings: 1. The proposed zoning change is in compliance with the policies of the DeNon Plan regarding the definition of compatibility with existing neighborhoods, promoting infill developmem, increasing homeownership, and promoting attainable housing. 2. The proposed lots would be smaller than the existing residemial lots in the vicinity. 3. Due to the surrounding built environmem, the proposed developmem will be comained with no street connectivity to the adjacem subdivisions. No direct through traffic would impact the adjacem subdivisions. ATTACHMENT 2 Maps NORTH LOCATION AND ZONING MAP FUTURE LAND USE MAP ATTACHMENT 3 Public Notification Notification Map NORTH Opposed 1,~i. Neutral Opposed Scale: None October 11, 2003 Newspaper Notification Date: Percent of land within 200' in opposition: 3.8% 200' Legal Notices* sent via Certified Mail: 47 500' Courtesy Notices* sent via 1st Class Mail: · In Favor: 0 · Opposed: 4 · Neutral: 1 120 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Property Owner Responses Property Owner Name and In favor/neutral/ Comments Address /opposed* Richard Andersen, Opposed Negative effect on 409 Conditt Circle neighborhood and property values. Cynthia Chandler, Opposed Shared wall housing 409 Mockingbird Lane (attached units) are not appropriate for this neighborhood. It would overcrowd an already very busy traffic area. Affordable housing is welcome if it is non-attached units and of the grade of housing equal to or exceeding existing houses in the neighborhood. Jeff Hyde, Opposed I am opposed to the request 3406 Kingfisher Lane for several reasons. I feel the zoning change would increase the traffic and congestion problem, lam also concerned about drainage and storm water pollution problems during and after construction. I feel the increased number of houses that would be built with this zoning change would detract from the character and value of the existing neighborhood. 10 Wendy Mayfield, Opposed Too many houses for the 3321 Kingfisher Lane area; concerns about where these children will attend school. Lee and Hodge Elem. are at capacity. Loss of green space in the neighborhood. Cheryl Cochran, Neutral We are for this if it will bring 3409 Kingfisher Lane our property value up. If it's going to bring it down, we oppose. *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 11 ATTACHMENT 4 Neighborhood Meeting Minutes A neighborhood meeting was held on September 18, 2003 at the Singing Oaks Church of Christ. Residems and property owners within 200 feet of the subject site were notified by the Demon Affordable Housing Corporation. The following are the observations expressed by the participants: 1. Increase of traffic along Mockingbird Lane 2. Existing drainage problems 3. Noise during the construction stages 4. Loss of wildlife habitat on the existing vacam fields 5. The unsafe environmem for pedestrians along Mockingbird Lane 6. The desire for an 8 foot privacy fence along the rear property lines of the proposed units. 12 ATTACHMENT 5 Site Photo 13 ATTACHMENT 6 Applicant's Letter 14 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL - 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL-6 (NR- 6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.35 ACRES OF LAND LOCATED AT THE INTERSECTION OF MOCKINGBIRD LANE AND WESTON DRIVE ALONG THE EAST SIDE OF MOCKINGBIRD LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS IN THE M. YOCHUM SURVEY, ABSTRACT NO. 1442; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0023) WHEREAS, Denton Affordable Housing has applied for a change in zoning for five tracts of land totally approximately 5.35 acres of land located at the intersection of Mockingbird Lane and Weston Drive along the east side of Mockingbird Lane and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and WHEREAS, on October 22, 2003, the Planning and Zoning Commission recommended denial of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. 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 5. 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 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ____ day of ,2003. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EXHIBIT A 406 Mockingbird Being two tracts in the M. Yoachum Storey Abstract No. 1442 to the City of Denton, Denton County, Texas and being more particularly described as follows; YIRST TRACT: Alt that certain lot or parcel of land situated in Denton County, Texas, being out of the M. Yoachum Storey, Abstract, 1442, about 2 I/8 miles north 85 East of the City of Denton and being out of an 80 M acre tract of land out of the northeast comer of said survey, described in a deed from H. A. Brandon to C. H. Williams recorded in Volume 108, Page 49, Deed Records of Denton County, Texas, and BEGrNN1NG at a point in the West line of said tract 230 feet South of the Northwest comer of said tract; THENCE East parallel with the North line of said tract 200 feet for corner; THENCE South parallel with the West line of said tract 100 feet for corner; THENCE West parallel with the North tine of said tract 200 f~et tbr comer in the West line of said tract; THENCE North along the West tine of said tract 100 feet to the place of beginning, being the same land conveyed by Silas Maples and wife to Robert Maples and wife, by deed dated January 23, 1952, and shown of record in Vol. 375, Page 173, Deed Records of Denton County, Texas. SECOND TRACT: All that certain lot, tract or parcel of land situated in Denton County, Texas, a part of an 80 ~A acre tract of land out of the Northeast corner of the M. Yoachum Survey, Abstract No. I442, about 2 1/8 miles North 85 degrees East of the City of Denton, being described in a deed from H. A. Brandon to C. H. Williams by deed recorded in Book 108, Page 49, of the Deed Records of'Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the West line of said Yoachum Storey 330 feet Somh of the Northwest corner thereof said point being the Southwest corner cfa lot heretofore conveyed by C. H. Williams et ux to Silas Maples et ux by deed dated March 30, 1948, and recorded in Book 343, Page 465, Deed Records of Denton County, Texas; THENCE East 200 feet with the south line of'said Maples lot to the Southeast comer thereof; THENCE South 100 feet, a corner; THENCE West 200 feet, a corner; THENCE North t00 feet to the place of beginning. EXHIBIT A 408 Mockingbird Being 2,366 acres out of the M, Yoachum Survey, Abstract #1442, to the City and County of Denton County, Texas, and being more particularly described as tbllows; FIRST TRACT: Ail that certain lot, tract or parcel of land lying and being shnated in the City and County of Denton, State of Texas, out of the C.H. ~qlliams 80,75 acre tract in the M. Yoachum survey, Abstract No. 11442, as described in a deed dated August tS, 1956, to C. H. Williams and wifE, Laura Williams from Allen Parks Roberson and wife, Bertha Mae 'Roberson, as recorded in Volume 413, Page 402, of the Deed Record~ of' Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNIN'G at a paint in the north line o~' the M. ~foactmm Sm'roy, Abstract 1442, N. 89° 00' West a distance of 882.60 feet from the nolXheast corner of said Yoachum Survey, said survey corner also being the northeast corner of said Williams 80.75 acre tract, a steel pin set for the northeast comer of herein described tract; THENCE S. 1° 04' West with the east line of herein described lraot tbr a distance of 230.00 feet to a steel pin set for the southeast corner of herein described tract, said corner also being the northeast comer of the A. E. Reid 9.140 acre tract; THENCE N. 89° 00' West with the somh line of the herein described tract and the north tine of said A. E. Reid 9.140 acre tract fbr a distance of 448.0 feet to a steel pin se~r fbr the southwest comer of the herein described tract, said corner also being the southeast comer of the C. H. Williams 30.0 foot private road; THENCE N. I° 04' East with the west line of the herein described tract, passing at 30.0 feet the northeast comer of said 30.0 fbot private road and the southeast corner of the B. S, Robinson 1.0 acre tract and continuing for a total distance of 230.0 feet to a point in the north line of said M. Yoachum Survey, said point also being the north east corner ofsald B. S. Robinson tract, a steel pin set for the northwest comer of the herein described tract; THENCE S. 89° 00' East with the north line o~'said M. Yoachum Survey and the north line of the herein described tract for a distance of 448.0 feet to the place of beginning, and containing herein a total of 2.366 acres of land. EXHIBIT A 410 Mockingbird Lane ALL that certain lot, tract or parcel of land situated in the M. Yoachum Survey, Abstract No. 1442 in the City of Denton, Denton County, Texas, and being a re-survey cfa called one acre tract of land described in Deed from Etta Belie Robinson to Mary Robinson Harbert as recorded in Volt,mc 2209, Page 863 of the Real Property 'Records oflDenton County, Texas and being more particularly described as follows: BEGINNING at a ~A" capped iron rod set in the West line cfa tract of land described in Deed from ~lanis W. Mohon a~k.a. Janis W. (Mohon) Hallum, aad husband, Kirk Hallum to Denton Affordable Housing Corp. as recorded in Clerk's File Number 95-R00g006 of the Real l)roperty Records of Denton County, Texas, in the North line of a 30' wide strip of land believed to be used for access and being a part cfa called 30 DA acre tract of land described in the Deed to C. H. ~i[liams recorded in ¥o~ume 10g, Page 49 of the Deed Records of Denton County, Texas; THENCE WEST a distance of 217.82 feet to a ½" capped iron rod set at the Soutt~east comer cfa tract of tand described in Deed ['rom Winnte Mae Dennis, et al, to Denton Affordable Housing Corporation as recorded in Clerk's File Number 97~ R0037038 of the Real Property Records of Denton Cotmty, Texas, for the Southwest corner of said one acre tract; TI-PENCE NORTH a distance of 200.00 feet to a W' capped iron rod set in the South line of a called 69.536 acre tract of land described in Deed from Etta Belle Robinson to Mary Robinson Hm'bert, et al, as recorded in Volume 2209, Page 863 of the Real Property Records of Denton County, Texas, for the Northwest comer of said one acre tract; THENCE EAST with the South line of said 69.536 acre tract a distance of 217.82 feet to a ½" capped iron rod set for the Northeast comer of said one acre tract, and the Northwest corner of said CF~ 95-R0080006; THENCE SOUTH with the East line thereof a distance of 200.00 fee~ to the POINT OF BEGINNING, and enclosing 1.00 acre of land, more or less. This Plat correctly represents fl~e results of an on4he~ground survey made under my direction and supervision on 08-28~02~ There are no visible or apparent intrusions, protrusions or easements except as shown hereon. The following easement does affect the subject property as shown: City of Denton 974/156 FLOOD STATEMENT: I have examined the FEMA Flood Insurance Rate Map for the City of Denton, Denton County, Texas, Community Number 480194, effective date 4~2-97 and that map indicates that this property is in Non-Shaded ZONE X which is defined as ~'Areas determined to be outside the 500-year flood," as shown on Panel 380 E of said map. EXHIBIT A 414 Mockingbird Being 200' x 200' in the M. Yoachum Survey Abstract NOL 1442 to Denton County, Texas and being more particularly described as follows; All that ce~ntain parcel of land situated in Denton Comity, Texas, a part of an 80 ~'/,~ acre tract out of the M. Yocl~um Survey, Abstract No. 1442, described in a Deed of Trust fi'om C. H. Williams, et ex, to A. C. Williams, trustee, of record in Volume 119, Page 527, of the Deed of Trust Records, Denton County, Texas, the tract herein conveyed being described as follows: BEG.I'NNING at the Northwest corner of said tract of land heretofore referred to: IHENCE East, along the North line of said tract 200 feet [hr corner: THENCE South, parallel with the West line of said tract 200 feet for cra'ncr: THENCE West, parallel with the North line of said tract 200 feet for corner: THENCE NortlL along the West line of said tract 200 t'eet to the place of beginning. KROM ~ GYG~O~G- CondcflsoltTM Nov. ~ ~05 10:~M PS Page 29 t Okay. Wc~rc going Io c,:!t~' rolo {t~nl 5 2 which is carried ag die public bem-ings po~it~n. 1 want 3 ~ retain6 y0~i. 2' you would like t0 speak, please ['ill oul. 4 a card anti cyt:le it down hcrc and Kelly will pnt rhcm in 5 el'der and help t~s tl~'o~i thc publiu [i~rJ:lgs. Dirt at 7 p~plo, thai we do halo cards filial out, Thank you. 8 Okay, Public l~ri:igs, we're Soin~ m hold 9 public h~rings an the following ittmqs and uunsidm' rookies 10 ~ommendati0nS m tile CiW Council, Okay. 5A ig 11 rozoulng approximately five acm& StuFF, WOtL[d yOU like 12 re pI~sent? Okay. I'm goiBg ~0 ~O'01s¢ a little i 3 laam~e and I waut to open the pub!lc hearings for 5A and 15 think ~ can -- if ids n0 objecdon re ymL Wes. Okay. ~fi Thank you. .17 :~m. M~SOK: 'rhe appl.:cant whkh is 18 Denton Affordable [qou~ing Corpm'atjon.. is :'~ting ~o i9 rezone ap proxlmatc[y five acres from Neig2bo.d~ood 20 R~sidential 4 m Neighborhood ~¢sktenfisI 6. The propc~W 21 is ~n¢'ally laaatcd at thc int~:se¢iio~ of Mockingbird 22 Lane and Oriole Lm~c on the west Mdc of Mockingbird. 23 Deaoh~l sing~e-famlty liau~iu8 i~ proposed at lifts sit~ ou 24 Oriole Lan& 25 A nei~lborhood m~fing was held on Page 31 i here, Lc'c Elcmcntary is right here. The Piggly Wi~'iy is 2 here, [o give you a location of where these ddngs art'. 3 Thc Loop 288 is here, McKi. nuey Str~¢, Mockingbird runs 4 here. You see that Mockingbird is now compime {ri this 5 ama hc~c whom Emy x.veoxt aroul~d this ~arge detention fi pond. ~.lut giws yell a good itMa of where tim propm'lles 7 arc, 8 Th~ sun'ounding ~ming, NR-2 to die ~ml% 9 whcrc that ve!~ tall hill is wMm lhe tr~s am on top of 10 the hill, Thss gold ama lmrc is all NR-4 srcerd~iug .t there. ~a.,3 in this location, 12 is ~lig tract and ~nM[r 12 in this area. NRMU'-12 up [hem. t3 You mentloncd thc Denton Plan and I wooed t~ to get inio that. just a little bit Because as we get 15 into the rcasm~s ~or zoning k, yes have to pretty much 16 go back re fl~e CompmEcnsivc Plan to fred out, okay, 17 what's :he big picture here, wlmt am w~ t.rging re 18 accomplish, For hou~ing to he affordable, you o~d to go 19 back to [has. So first it. bas to be attainable. And the 20 ~nLon Plan says it ires to be available. ~mrc has to be 21 a sapp[y i'or the demand that you have h has to h~ 22 accessible. So you havc m be close to schools: to your ~23 job, to shopping, to parks, to transportation, er ~;er'a, 24 And lastly, [t bas to be afk,rdab!c~ Bet that affordable housing has to be ae~ssible. So d~Yt. Page 30 I Septcmbec l gt}x And at tt~is time, sta£(: bas received two 2 left, S in op~osidon o~ Case Item SA. And 1~ mo c50¢k ] hclc Ami fl~Vy have received six lmkn'$ it~ oppe~ition 4 from Case Lc~tor 5~. At ~zis time, staff finds that bnth 5 proposals aro iocompatible with tlie ~istjng neighlmrhood 6 - i'm sorry. COMMISSIONER MULROY: compatible whh. 8 MR. MO~ISON: Y~, ¢ompatibIe. Yes. Wi~h 9 ;ho ~isdn8 noighborbo0d and compat.ibk~ wiLE the ~lton 10 ~voloptll.Oat Code and Denton P~ul. Tllorol'ore, ma{i:' J2 COMMISSIONER MmZ~OY: Okay. rs ~x¢ 3 applicant here? 14 MR. MOm~ISON: f bcli~,e so, < COMMtSSIONE~ MULROY: Okay, D~s thc fi applicam wish to pi'os~n~? Thank you. Wes. 19 Court in Pot:dm'. I'tn tlem rcprosouting Dm:ton Aflbrdabk oO I4ousing Coi~orahon touJgkt on ~ese ~o items, i 21 app~itm you aoening thc discussion On boO: of fliem 22 b~anse ~ley'~ bo~h pi~' nluch tho smnc locat.lon and ~ 3 cm'.ccrl~ pr¢ily milch tile same t~ling:~, 24 This Js t]~ location, and I just pulled tip 25 the a~iai from lbo websit=. This is t. Ilo middle school Page 32 1 pti[ ~110rdable hO ising out hi d~¢ middle of nowheio wh¢o 2 d~cy don't have asy of thos¢ items that fl:~ ncc6 to get 3 to. That would bc fbolish. Now, t~e s~aegy to get -. 4 COMMISSIONER MULROY: EXCUSe 1110, Allen If 5 you'll got a little ulosur to The microphone. 7 COMMISSIONER MULROY; WO ¢a~ h~' yOU hilt 8 dnn't think tho audmco eau b~r you, 9 MR BUSgELL: Ail ri¢it. Tho s~'at~y to i0 gut thure iu the ~nton Plan ia at least 60 pm'cenL of i 1 now I~oosing sho~dd be cwn~'-occupi~ So not rent~. The ]2 City said it sh0¢ld l~se incmltivcs and bonus¢s and work 13 with public/priva~ part n~ship s to d~elop that 14 affr~dahle lmusing. And that's wha~ Denton Aff0rdabg t 5 l l0ttsing Corpm'ation is, !6 And (~ should smlc~'e impact ~s to 17 encourage affordable housing. Same of' rhig a~lff that [8 CiW has not done. what 1 want~i re bring this up tbr ~s 19 t}~U City thought it was obviously very iaiportant enough to 20 provi& incentives to encourage affordable housing, and 21 that'S why I wan;ed to bring dmt up, 2~ Acce~gibiliw, I mcnt~m~t that belbre. 23 Tr,'insportation, T got this fi'om die wchsitc m t2c Link, 24 Anti wha~ you s~ in the b~n here is Route 3 for thc Link 25 bug route, As yOU can s~, tlm bus g~s right by thi8 PLANNING & ZONqNG COMMISSION OCTOBER 22, 2003 Page 29 - Page FRDM : GTGMOJG- N~u. 06 2003 10:21AM CondeascltTM Page 33 i :-;itc and then there's tt bus slop right here about a block, ~ block and a halt" away. Aud so 5 inos~ ~hey can walk lo u bus stop if tl<y wanted it) use 4 public transpm~aticn m go [o the mall or go downtown, ct 5 cct~;ra. Once again, I k~p telling people you've got to S the train and go t.o D~lus or wherevcr they wmaL [o go. 9 So }L~S important to get u Long term vision them. 10 Mockingbird, of courm, mas righ~ by ~m. Mockingbird is classified as a collector strut so it's 12 m.ear)r to take all the Ira[fie from the neighborhood 13 sl,reers. I,oop 288 is ck~sc by where d~ey can go north or south re get to thc mall or go Bp cas[ and [hey get on Dallas Nord: Parkway 16 Dallas, a~d McKinney Stt~t aisc re go east m~d west. ~or~'s a fire station ~ocatcd r~ht by right ia this location here. For private servi~s, 19 thorn's a grocery sro~, As I t~nEoncd before, convenieace stores down he~. There;'s restate'aais down 2! hem. Thei~'s a laundry i~ciE[y dowr~ there. ~crc's a 22 [01. of' services for people in tllig general area that's 23 waiMlbke from where we're proposi;~g to put these. And 24 also there's three churckcs in tl~e area that [hey could 25 also walk to if ;hey wanmd to. ~:cm's aisc a public Page 34 I ?ark in this area, 2 This is thc concept pi,an. 't'i~e~ are, 3 ~a, COn,pt pla]s ar mis stye. So these will change 4 a lttLlc bit, lhn sure. But we did this for cost 5 estimates so it's pretty ok)sc based on tM 6 coufiguradoa, And what dais is showi~g is common wall 7 right here facing Mockingbird with an alley access in thc g back And so you have a nice lkont ak>nS Mockingbird 9 which is t.l~ more heavily t,aveled street And then yoked lo have siegle-family &tachcd in att tile other places hcrc. 11 These he,sos hgt'~ would bc siding Mockingbird. 12 Home styles, this is not the exact !3 e[evaEo~s we're thinking of. 1 mean, r~l~ Code bas up to 14 20 different &evatkms depending on fl~e ¢onfigura2on 15 the propa'ty so -- but dais is the Idnd el11 !hol that 16 going for and what the Denton Affordable Itouging !7 Carl>oration has tasked lhcir archi ;'eat to give tlmm this 18 }dad of f~el. So this is the look we're gains fbr with ~9 thc brick facades gad tim t~adkional look them. 20 ]q~c strc~tscapc, <ace agaio, I l il<~ to put wilL look like when they're built if you do that. And this shows the e2d of pa~siey where wc had a cubde-sac. 24 Did you remember that concept plan looki~ back ;0 the 25 west:? Tt~s is Paksley and Mockingbird wt~e~ we exmn~d Page I it and il lakes that cra'va, and this is on l'aisley here 2 Th~z's Novudo Courl. On Oriole (k~t=t, mud! thc same 3 hem. Mockingbird locking straight aordl on Mockingim'd 4 with thc sL'~ I~s spac~ at 30 f~l. fi~ second 5 cnn'anco and Oriole ~lcmsion in~ ~h¢ property 6 l;'s much ~slm' For me te scm what tlmsc will look i/kc 7 wilh thc street trc~s, ~ho fivc-ibot and eight-~bm g sidewalks, 9 Ig you haw any questions, ]'il bc happy ~o 10 m~swer I I C'OMMISS~ONER MULROY; 12 qltcs riot:s? ] 4 COMMISSIONNIt MULI<OY~ NIL Pow¢l, {15 COMMJSSK)NEli POWgLL: Thank you, sh', ( 16 You'v~ giv~m us a lot Of reasoas wIW liouscs skould bo : 17 buiir and why they dmuld be afl0rdnble. But yea haven't t918 saki anyibJng about why we n~t to change ~l~c zoning. MR. ~USSELL; WO nmt w ~hang~ the zoaing [ 20 b~:atts¢ the cost el:' development has gone up. So in [21 to make fl~c, se or k~ these aflbrdabg, re build those in 23 gl20,000.00 lo S130,000.00. That's not c~lly afforOblc 24 }nb, mom, If we rake it m Nil.6, w~ can make thcsu down to 25 at>our 89~).(1{)0.00 m $100,000.00 which nmk~S them r~chablg Page 36 1 for the cli. e~ts that Denton Affordable Housing is 2 roaching. 'l'har~s the main mason wu need thc increased 3 d~sjty, k has to do with houses per linear 4 streeL 5 COMMISSIONER POWE[J.'. What would be the 6 dff]~mn~ il~ ~ey were being built by -- 7 b~ing bu[tt' by rh~s particular entity and they wcrz bcin~ 8 built by an nwragc dcvdOper? l mean, ama't they goin~ 9 to have to live with thc z(ming ttlen, also9 't0 MR BUSSEU.,: They would citer have ro i 1 rezooe it or live with the gm~nr NR 4 ZOBi~. YoB bet. ] 2 COMMISSIONER POWBLL; Thglik you, 13 COMMISSIONER MU1ROY: Any fur[her 14 qtleg[[Otlg, Commissioners? 1 5 MR. BUSSRI.I.: t dO want to poim out.just t6 one thing mai quick We did do a neighborhood m~ting, 17 as they mentioned And before flint, they al.~o, ~nton lg Al'lbrdab)e 1 [O~S;ng, canvan~d the neighborhood with 19 eanpNets describing what the plan was. So they reached 20 every hou~ t}mr way. And then [Br thc o~crs ~bat didn't 2t live in thc area that wcm renting tim houses, they also 22 mailed 12ose pamphIeig to them. go ~ wanted to bring tha~ 23 out Apprecia~ your 24 COMMISSIONER MLJLROY; okay. T!~ank you, ~25 Mr. Bussc[l. O~y. Now weql take comments fi'om thc PLANNING & ZONING COMMISSION OCTOBER 22, 2003 Page 33 - Page 36 FROM : GTGMBJG- Nov, 06 2003 10:22AM FAX NO. : 940 6865348 CondenscltTM Page 37 pUi)iic And ['in going to emi thom iu order. And l'ni 2 going ro call a s~coud name. and if you'll come down and ,i~ het~ind 2;e sp~km', ynu' II b'e ~:-~dy t0 get up when 4 first speakor is finish~t, Sa fl~e first speaker is 5 Carhoa Wcadcl and the s~ond, Jamcs Fagan, Mr. Wendol. ? i'm Carlton Wcndcl, My wife and I $)ave lived gr 3300 8 Wcodthrush Lane tbr a li~io o~m' 34 years. Wc wm'~ the 10 fl~e Singing Oaks Addition, And in ttie onsuing 34 years. [~G NR-4 zoning bas served lm well. And fl~c idea tttar 2 xn o is compatib[¢ wltl~ the g~retlI NR-4 zoning j/iSl r~lly d~sn't - [ do not un(~rstund. 1 understand the 14 economic~ but l also know dial dicm's s onto oll~q' 5 d~vclop¢rs, (t~elopmcnts going in OUt tlm:'e that am zoniug and th%,'m coming kl a~ [ess t[mn $!20,000.00. ,8 5.,Oil hadn+ t gathm'ed that. 19 So the same organizatmn 8ev~al years ago 20 tuna sim[far a txofic in a somewhat more blaant manner 21 by moving in houses. Wanted to put-- get 22 z0aia3. And tim Conmfisslon a7 that tinic and pm'haps even 2 ~ ~he Ciw Council saw fit/'o rqj~ ~b¢, ~(ven fha 24 ouIxent, last devotopiil¢nt that Denton Affoidable lton~ing 25 put in is zon~ NR-4 and it is basically across d~c strmt Page 38 I from tile Oriole Court. So my vote is no. Thank you. 2 COMMISSIONER ,VrU~.ROY: At[ riO~t, Thank 3 you, Mr. Wendel. Bc[bre we continue, I just want. to 4 rcniind Y' all, the buzzm will. go off at two mmtll:eS, That 5 will leave you one minute to Fk).i¢~. 6 Okay. Mr. Fagan, if yon'[[ come up to thc ? microphone, And, Mr. ilyde, if yowl[ come down, please. 8 MR, FAGAN: okay. My name is .Tames Fagan 9 and I live at 3304 Weodflm~sh~ And I've Ih,ed t. liere fbr i0 abou: 2: and a ha}f years, l~iu also ~peaking in I opposition to changing n. 2 I wmt to thc Pinna[oS and Development 13 offJ~ two days ago and re~ived this n~p, which is vcry 4 snnitar to the o:~e that was put up befbr¢. And i not,ced 15 that it's 7~oed, eewthmg around the two devdopmenrs is 13 alreMy 7otlcd NR-4. And yet h: a flyer :hat we got Ii'om 17 D~mtOn Affordable Housing, rhig was sent out. 1o the ent,u i 8 neighborhood, 1'2 just. read yml one tcntcncc froni it, ~9 DAHC [~ls ileal, an NR~¢ zoning dcsignad.on is more 20 compatible and consbt'cnr with the surrounding area and; ii n:emfore~ 'more appmprlate for die development of these 22 parcels, 23 ].<raking at tilts nia~ i doo't see any NR-6 25 ama. So tf them are ac X~-6, kow could it possibly be P~gc 39 ! compatible and conslskmt? And. baslcalb,, I 2 Mia: wc'rc looking [bt is compatibility and consistency. ] I tal.kcd t0 a/~0~lcr ~volop~' today who's 4 [~wlophlg sonic lictors just uortl~ of hinge, right up here, 5 Maple Leaf t'tonics. And th%,h~ d~v~k~ing, l ~ink tli~'rc 6 pu~ing ia 55 or 56 txomes, They a~ complyil~ with the 7 Nwa designation So il smuts to me like tl~c same 8 s~mdards sheuld ba appli~ to cwwon¢ and w'¢ sh0uldn~t 9 have lwo s~ vi' rul~s he~. So 1 wou~d encourage, yot~ 10 votu to k~p the s~{,4 as it is now, I 1 COMMISSIONER MUi..ROY: okay. Thank you, 12 Mr. Fagaa. 13 Mr. Hyde, if you'll com~ to d:e microphone. 14 And, Jean Pckam, if you'll come on board, please, 15 your name nnd ad&ms, pkas¢. : i 6 MR..HYDE; GOO(] evening. My name 17 Hyde amt I live a~ 3406 Kingfishu~ Lane, A~d I'm opposed I g to the zoning change, t've 0nly rmenfly moved 19 Kingfisher. Pre b~n thee abeut ~o and a half years. 20 And I'm oppos~ m it fbr a namb~ of r~son~, but 21 primarily my main conc~n is dxe -- wc ah'cody have 22 u'affi¢ prublem out thm~o on MockJ~gbh'<t m McKiancy 23 St:m: and getting ot~t ~Yom dim'e fi'mn O:iolo outo 24 Mockingbird - gcuiag on Mockingbird is akmdy difScult 25 ouougk as it is and any zoning change wouk[ increase Page 40 I number of houses aiad, hence, increase tlm mmiber of 2 x, chic].os thai wot~ld be in those subdivisions, And I thbk 3 it would mako it much more difficult and make a bad 4 prol)lcnl already even worse. So lt~qt is fly ~i~a[n Conrad i~ 5 fl~C traffic and congestion that would, be caused by a 6 zoning change. 7 I'm also conc~ned aborn some of the g drainage problam that might be ufleJtmt, I know dial 9 there's some ltou~¢s on Kir~gfigher at one end flint h: yo~3 lO past have floodcd. And I ki~ow ~lmt's not ag hlg a problmu I I now as ir once wax but tb~e's ~fill soma concerns about ! 2 tim flooding and drainage isslles over thm'c at lbo cue oild 13 of K~agfisb~ closest D Mockingbird, 14 And i also beJi~ve zhm fl~e zening change 25 would Imt be in cbm'acr~ with om' ~isting nui~borhood 16 ~hm'c on KingFisher and in this cat.irc subdivision. So I l 7 would ask you to voto against it, if you would, pi~s~, 18 'l-lmn~ you, 19 COMMiSSiONER MULROY: thank yon for yom' 20 conuucnts, Mr, Nyde. Okay. NiL Pekara. if you'll are? tc 2 ] dm microphonc. 22 And, Wmidy Muyfied: if 79u'11 come down 23 onboard, p [~qse 24 MS. 2E~/dg&: okay. My name i~ ;can t'ckam 2fi arid I live at 3403 Kingf;sher Lane, ~vhich is right hi ~h¢ PLANNING & ZONING COMMISSION OCTOBER 22, 2003 Page 37 - Page 40 FROM GTGPI~G- FA× MO. : ~0 6865~ Condcns~ltTM Nov, 06 2003 10:23AM Pll ! middl~ of tho block fz~ing thc cir. p(y !'icld 2 to rJ~¢ c¢7oning requested by ~:nton Al'ibrdabl¢ .('lousing. 3 Everyone [n our ~,eighborhood [s zoned NR-4. ilor NR-6, wl~y] 4 shouW the surrounding area be 5 other N~6 ~nlng in thc m~ti~ ~en? I'm 6 many hours being built m just such a ~ma[[ ama. 7 Mainly because wh~t h' there was a fire 8 buck the~? ~e way it's organ[zed> 9 liltle sort of round circle or cul-de-sac ri.ght at thc t0 end, Wall, if thc fire ~'acks came in and 22 people, 22 1 ~ houses with imni[ics all t.rLed to get out at the same ~2 time, it would be catastrophic. My 13 We also l~ve a flooding problem. They did :4 tW to work no i.r and tlney did make a b~, impact. But thc 15 way thc area is jLlsL behind our lmuscs, it's sort of at an 16 m~glc like this, so when it rains, it floods rlgN is. to 17 our backyards. And 1 mally feel that someflqing nccds 18 be done about tM drain~e before any building g~s on. 19 But I molly mn opposed ro the Denton Affordable ltousing, 20 the ~vay they're operating. 2! COMM1SSK)Nr~R MUI.ROY: Thank you tbr yotlr 22 comm~nts~ Ms. Pekma. 23 MS, PE~RA: Thank you 24 COMM/'SSJONR2 MULROY: 2> you'H Step up I0 the mic:'ophone 2 3 4 7 8 9 /0 Il 12 .14 5 8 19 2O 21 22 23 24 Page 43 ! up to this property liar lam coazunem is imc,'osfing 2 b~ausc thoro ~s no dirsct access from ot~' ileighborbood ~t~ 3 L~, nad lhar would cm~D soma moro problmns~ 4 My anti,Standing N fl~ cma~l tNs 5 ~w~opnmnt C:od¢ for a vafie~ of d~etopmcntal te>;sons, 6 aS well as trying to address transiri0n problems bs~m, 7 ~xisting neighborhoods sm~ lo t~ to provide more ci;izen 8 inp~tt into coding issuos. The process of bringing sonm I 9 roa¢l;-iafe.smd asbegtos~fillcd houses onto Mockh~gbi~'d at 10 the otticcfions of om' no~ghbors se~ainly showcd tho 11 p~czess, why wc t)~ mom proccdtues, why we n~d~ a 12 Code 1o dcat with trm~siLion issues. Arid while ~tl~o)~ i 13 ~ousing Authority lm~ done their best to fix those l, ousus 14 up, t].7oy cerlain]y don't match visually to the houses in ~ 5 ;!~0 .earby neifihbodmod t6 Now Denton Housing Authori~ wants to 17 chang¢ 1k¢ siy~ of Ibc lois, And they want to change tim 18 size of Om lots that back up to the back of my house. 19 Tba~ area is ~1~ m ~b0r t~t above my backyard. So I 20 am conc~n~ about l~ow denslt7 changes w;mlfl impact 21 d:'alnag~ and how it would impac~ an~hin~ flint's going on 22 back thm'¢. 23 As someone who has lived ~em for 20 ymrs 24 and invcst~i my life thom. J certainly (tOn't want to S~ 25 a cMngc in tho sJz¢ of tho lots, I want it to comply Page 42 A, nt]~ Don (.ioldston, yon'l! be on board, please. MS MAYrJlI~I o: My natne is Wendy ~yEcld and t tlve a~ 3321 Kingfish~' La~c. And our baekyard development, i'm opposed to Iht zoning chang¢ for similar om~ n~igM)orhood. Abe. ~ ~vo concerns, althot~8i~ ~ know not qu{te a zoning issue, aborn where th~qe children going to go to school who are going m l~ve in all these louses that arc being build ~n tiffs neighborhood, Lm El~nnen~ary School is going' ~a'ough a r~onstruction right imw. !{owcvcr, it's ant going to be able to hold 1f we add more honse8 and more nm:see and mum houses wMmut building thc n~ossayy schools and lnllaswuomrc thor o~g to }rappen fllo¢o, ~aak you. COMMTSSIONER MUI.ROY: All right ~mnk you. Ms Mayfi~ld, ~l~se. MR. GOI.DSTON: GOOd evening. My uaulo DOn Ooldsror~ and I d0 live 0n 3405 Kingfisher which backs Page 44 t with whads sun-ounding them, I watnt to s/ct3 that they do 2 firings w&l and tho; thw fit in, because dmt's, again. 3 part Of ~bO ~¢ason they did this new Zoning Code was to 4 have p~p~ n-ansifion. And right now flley donq 5 if fl~cy chaa~ ~¢ siz~ of the lots, Thank you, ~ COMMISSIONER MU[,ROY: Ali right, Thank 7 ynn, Mr. Androgen. Excuse me. ~k. Androgen ~ ~tp. ~laflk 8 you, Mx, Goldston. 9 MR. ANDRHSb2N: MP, Chairman. 10 (~MMISS[ONBR MULROY: Ms, Jan~ Prova will I 1 bc on board, will be tlic n~t sp~km'. And 2m sorry to ] 3 MR. ANDRESEN~ okay. 14 COMMiSSiONER MULROY: GO right alma& ] 5 MIL ANDRHSF. N: M7 :lame is Rich At'tdreg¢~'~ and 15 Fin against tim zoning change, i was involv~ in I 7 d~v~lopm~uL of fl~ B~llaim HuigJ~ts subdivision} which is 18 OUt t]lCr9 oa Mockingbird and Westin AVCtlUC, My 19 arid I bllil[ [er~ Of thOSe h01~ses. I still Own ~o of rh~n, 20 405 Mockingbird Lane which is ri~l across lh¢ strmt and 21 409 Condin CJmlc. 22 I ~I llke the ~,ming chan6e would have 23 ~c~ativ¢ iml~act on l~ro~m'b' values alt around this~ 24 nok a s~ret -- by thc way, l'm also a T~as rmal 25 bl~r so I can ~ell yo[.t ~at ik's not a smmt in 22, 2003 PLANNTNG & ZONING COMMISSION OCTOBER Page 41 Page 44 FROM : GTGMOJG- Now. 06 2003 CondenscltTM Page 45 1 circles that when you increase thc zoning density, you're 2 dec,'casing thc prvpe,'~y values ~herc all around yot.~ It 4 any otl~' masons, I just feel i~ going ~n and towering, 5 or increasing the ~nmg density to NR-6 would be 6 n~gatwe influcnm on om' neighborhood, 7 CQMMISS1ON'ER MULROY; O~ay. ~mnk you, 8 Mr. 9 Ms, Prove, p[c~. 10 MS~ PROVe: fiend evening, Cotmu[sgio~, My ~ ! nmnc is Jg~o Prove. l'm fl~e executive director o!: thc 12 Denton Aflbrdable Housing Corporation. And before 13 begin, I'd 21Re re apologim for ely voice, l'm sorry. 14 CO~[MISS]ONER MULl{nY: C:Ot~lrt you give U~ ~5 your address, pleura? [6 MS. PROVe: YeS. My ad&cas is 604 North 17 Boll, Denton, And a number of issues lmvo b~n presented 18 this evening+ I'll try briefly to ad, ss each of them. 19 Our primary a~d really only reaso~ 20 change from NR-a re an NR-6 {S because of thc cost of the 2i infrastructure that will be mctnired i~ both dcvck>pments, 2o tf we're able re spread those costs across a t~w more 23 units, wo oma keep the homes affordable to tlm folks that 24 we're hTeng to 25 Denton Affi>rdabie Housing Corporation is a Page 47 I rebuttal and :'¢atly not as a private chiton speaking. ~ MS. Peeve: Okay. 3 COMMISSIONER MULROY: So I'm raking h away 4 from his ten mhmres, 5 MS. ?ROVe: okay. Welt, I wili be very 6 briefi An~ay~ i jUs~ waned to cmp~asim r.he fhct [~ar 7 tl~t is our sole pm~oso in a~king ~br this zon~ change. g is ~o be able to increase the mnnbev of homes that can be 9 buih on those two l>ac~ls slightly so O~at we can keep !0 rho~ l~omcs mom affordable to tim working folks m 11 DcnX~n. And with that, i'[1 close. 12 COMMISSIONER MULROY: Okgy, ~mnk you, t3 Ms. Prove. 14 Mr. Bussci1, you have about seven mhlutes !5 ~o comp!ere the rebuttal. ,16 MR. BIiSSELL; [ won't k~p y{~u here that I I7 long. l~t me i%sl: this on :he sct'~n mai quick For 18 the drainag< the area :hey're talking about right here in ~9 the tope, remember this big hilt way up here? Thi: all ,~0 &nine this way. City of ~nton helped s~e, %ay put a ~21 channel hem and ~.ey dimc~d it to ~hls l~rge detention ; 22 pond. What this development would be able [o do is oetoh 23 any drainagc that is conrlnuMg down, put ir in thc 24 strut's ch'ajnage syslem and t~ it Up re that stone ~25 place. Also, the front of ~hese houses would he able ~o Page 461 ! no~-p~'ofit housing dcvc!opment corporation lxze in Don[ou 2 and our goat is to try to make home owncrshfp 4 income range, those folks ti, at am having a tx~d rime breaking into the mar~t right now. And by allowing us to 7 Mr. F~an me~fioned thc lhcl that 8 broclmre ~at we distributed to th~ neighbors 9 the compatibility isguc. I think purl of what is being t0 per~aps conl"used hem is that our conten~rion is [l~at an 1 ~ NR~6 really keeps these infiI1 ames more compatiMe to I2 the previous zoning designation of sF-7 that .t~iated to 13 thc ch[irc 14 COMMISSIONER MIJLROY'. Okay. Ms. Prove. 15 NIS~ PROV(): Yes. ] 6 C(.)MMISSION~R MUI Rev: ¥0u ]luvg On~ IIlOri; 17 minute. But what l'm going [o do is extend yotlr time lo ig tho f'B3J ton ~.YFI.B~rO8 because you':'e really speaking as 19 applicant and the rebuttal. And [f ymi w[SB yom' lmm 2O planner tO also speak, you'll have to make good usc of 2! that full ten minute. 22 MS. m~OVO: Okay, I'd llke re rtllow 23 sufficient time for Mr. Buss&l, too, N case there am 24 COMMISSIONER MULROY: W~ll~ t]:l~t~s whu[ 2~ wamlng you of, You'~ really -- you have used rime a~ a Page 48 1 drain fot-,vard ~x~ thc street, nice. $o a iot of tho,se 2 drainage problems should go away when wehc able to 3 capture a lot of flaat drainage into the s~r~t. 7Lis 4 development hem actually drains toward us ioste~ o[ 5 toward tee houses. So that al~ draJ.~s ~oward Mockingbird. 6 ~m traffic problem Dr tee increase in O trdfic, remember we're asking an the-case in z~ning of g two units per acm here. We're ~ot going from two to six 9 or Six tO 12 Of ff0Br' r0 12, but an increase of twe units 10 per acm. So fine increased traffic is them a tittle bit 11 ~t is. But we also -~ you know, we have a traffic light 12 a~d we have a eel.lector s~t going re a m~[or 13 Loop 288 will bc cxpandcd to six tunes soon, God willing. 14 So a lo~ of those issues are being resolved, 15 I ca[lcd thc school district today and ~e 16 does have some capacit.y for ~diti~al students in there 17 And. once t~gttin, we're taIking about an increase of two ] 8 B~i. tg per acre. So wirer, her ir*s at 4 or whether ifs 6, 19 I]~are's going lo be some additional s['udent~ and we 20 believe that's ,'eas~abte to get the affordable housi~g io 21 them. 22 ~xc ncgativc in:pact on Eousing values, I 23 think with fhe Development Code restrictions on what ~24 houses have got. to look li~, tim increased sidewalk 25 s,:zes, line at~ution paid to site design, increased PLAN-NYNG & ZONTNG COMIIVIISSION OCTOBER 22, 2003 Page 45 - Page 48 FROM : Nov. 06 2003 i~:24AM GTGM~JG- FA)< NO. : 940 £865~48 Condcnselt''~ d,'ain~"~ ,equity:meats I think the housing valt.:cs actumly ] 1 will be higher or as high as Tiqosc surrounding. So I / o i 2 3 dm't'% t.hirtk thv, t's an issue but LhuVs a call 4 Also, when you talk a.bo~t compaib i t ity, .5 the ss 7 tl~ng was brohght up. [ ~6d ~(> do layouts in 6 sF-~, I still do around the m'ea, You'll sec, dep~oding T on lhc geom~U'y of ~he propmiy tha~ you've doing, you'll 8 get a range fi'om 4.5 ~0 5,5. I1' you're really /~cky and 9 you dOa't have m <lgdicato right-of-way, yo,a may got sJ.x ~(] trails ~)of acm. ! 1 So we're aot. ually talking from thc !3 we're actually ttdkNg 1.5 to one un'~t per acm increase 14 froln thc surroanding ama. So 15 Mst), the ~velopment Code not ~[y Iff addresses ColuparJbitky issues, but it also add~ss~s a ~7 variety o[' housing typcs in nelghborhaods, And this doss 18 do ~at. Without pu2ing somerhiog, you know, odd, like 19 M{MU t,. in tl~em, this is still sit, els-family housing, 20 still owned by individual lots with the qeality thc 21 Development Code 22 Any quostions? 23 GOMMiSSIONER MIlLROY: Me. Roy 24 COMMISSIONUR ROY: A lot has b~n made 25 about ~e compatibility issue, One of the statemcnm Page 50 I that's i:t our bazkup package J.s that the. proposed lots 2 would not be smaHcr tl~n the ex[sting residential i. ots in 3 thc violnhy, 4 MR. BUSSELL: J thi'nk that's not 5 ~t~nk some of tlmn ~. S~e of thm~ will be. 6 thttt'? i didn't wri~ that so i dm'r know. 7 ('OMM1SSIONF. rt ROY: NO, yo~l didn't, i'm g ~yi~ to un&rstand this ¢ompatibi!ity issue, in our 9 backup package: it discuses ir several ~imes 2~at the 10 proposal is cmnpadble wkh the existing n&ghhorhood ] ) And I'm struggling with that, 12 MR. BUSSELL: well, compatibility d~sn't 13 e%ua[ m{motony. Compatibility dr~s not mean that all the 14 -- you know, it docsn'l have ;o look like Cq, pcll where 15 ids a whet -- you know, it's just a bunch of brick. ~6 Thaffs not compatibility, Cotnpatibility is dc~s h work 17 togctMr? Is il still a ueigl/bmq~ood? Docs it look odd 18 where ifs ~t? What we've p~'oposing i~, remember, they ~9 have bailt under gF% we're proposing ] ~5 to one unll per 20 acre over who they tart: on a cokket0r street, not goiilg 21 O~ough the middle off the nelghhodmod to 23 density should go. But it's not so high and so big 24 diffemn~ between tim densities that it ~.ooks our of 25 place. Page 5 COMMISSIONI-iR M[ILRO¥: Mr. POWCil. COMMISSIONER t, Ow£r.L: Thank yell Sit'. 3 a !il:tie confused You kccp lnentfoning s).'-% wiuch I 4 suppose would mean NR-* now 5 MR, BIJSSELL; NO, lL'S 7,000 square fool 6 lots. 7 COMMISSIONER VOWEl,L,: T}mnk you And 8 t~tlkJ.Bg NR-4 or Nlq-& HOW does d~at relate'? 9 MR. ~([SSEI.1..: Four Units pet- acm or six Il0 milts per acre. I I COMMtSSiONIgR POWELL: I u~derstand dial, 12 But thc square lk)o[~e, the 7,000. 13 MR. H[~SSELL: lt'S based on net so all I 14 can tell you is whm~ doing SF-% depending on tl,~ 15 -- rmne~[lbef, SF-V. it had to be a minimum of 7,000 square !6 foot. So you're geom=try could either maliy help you or 17 really }tort you on your boundary~ I'm talking about= t 8 because of rigl¢-oiLway, et ~tera, So, llke i said: 19 you're going to averse 4.5 to 5.5 umts her aere~ So I 20 know that's not an exact number, but it just depaxds on 21 thc property. :22 COMMISSIONER POWELL: WOOl, when I look at ~23 the z~[ng map ~- i'm so~y, that would be argm~entativc. ,24 t don't x~eed to get hate ~at. 25 MR. BUSSE~.r.: Vm not going to take it Page 52 personally, Yo~ can do anything ymi want. 3 fine ~Vc'll talk about that )alc~. Tlmnk you, 4 COMMISSIONER MULROY; MF, Welkins 6 ~'. Clmirman. ~ notice in o~r ~nton Dm'elopm¢nt Code 7 dif~krence began N~-4 and Ns-0, as you saW. 7.000 8 ~qum'e frei er 6,000 square ~t. Bur iatgo nodcc both 9 r~uit* a wiOi~ of 50 [mt: and u d~fl~ of 80 [0 MR. ~OSSELL: Real quick, if yot~ I I that real closely, dmso am for tracts two acres or lass 12 If you're aver ~,o acme, it is .just units 13 there's lwn sections of flier. ! 4 COMMrSSIONF. R wArm,NS: A~ We ta~ing about ', 5 34.00() equine f~ per acre? ~ 6 MR. ~*USSELt.: 43,560 iS in an acre. 1~ COMMISSIONER WATKINS: Blit if yOH'l'~ 18 m~ing about 6,000 squom 19 MR BUSSELL~ well, what Ihn saying i.~ 20 lhtn's not appJicabl~ re eith~' of these warts because 2] lhcsc tracts al'o five acme a pi~, And whnl you'~ 23 24 COh{MI.~S1ONB~ WATKrN$: okay, 25 MR. flUSSELL: And those tracts of two acres PLANNTNO-& ZONING' COMMISSION OCTOBER 22, 2003 Page 49 ~ Page 52 FROM : GTGMOZG- Nov. 06 2~03 1~:25RM P/4 FRX NE. ' 940 6~S5~48 CondenseltTM Page 53 or less, [hey want I.O n'~ahlmin st'-tnda~d lot ~i'~s so you 2 do~*': CCi rcalJy odd-i(x)king 3 probably answer tlmt bct~r. 4 coMM1SS[OXE~ 5 various w[dtl~s, a.s wel~ as dq)th. 6 MR BI.JSSELt.: That's CO, Ct 7 (X)MM[SS/ONER WATKINS: Okay. T[lank you. g COMMISSIONER MULROY: Mr, Strangc~ 9 COMMISSIONER STRANGE: YOU :night give mc a 10 couple of numbers you mentioned corkier in llne wirln this 1 aff~dable housing c~pr. You mentioacd [hat. t'be 2 average co~t oC die house would be, you hud a rep range 13 ged wlmt yoc felt 15 thai Mr. Strange, and slle coald answer [hmn more 16 conci~ly than 1 ? COMMISSIONER ~TRANG~; ~8 your conumen~% you menfioued like $12(L000,00 20 discussed iha.t at her off~m~ today: ii' wc go i'o NR-4. 21 we'~ t~)k~ng S! 20,000.00 start. If we stay wkh thc Nx-6 22 or [!' we get the NR-6 701~i~1g, i; WOt~d ral~gc from 23 ~90,000.00 - probably start about ~90,000.00. 24 C. OMMISSK)NER s'r~NG.E: Ye~l. ~ut struck 25 me as odd. Are there things other than the dm:sity of the Page 55 I inlluencing anybody's de. dsion aboat wb. at wc'i'c here 2 ac¢omplis!l. 3 MR. BUSSEI.I..: Yeah. ~ ~ndcrs(and. {r has 4 to do with single-lo'lng that strut mostly. 11 becomes 5 -- welt, you know, it's expensive to build a street whom 6 you're only serving hen' of it, along with mlprov~ng -- 7 you're s[tlt doing the same am.oBnt of work but you're 8 gerti.ng a lot less, yoWro getting ten less homes, or 20 10 COMMISSJONER STraNGE: Right. I 11 w~derstand. But ~,. less homes at g30,000.00 is a i? It's ~300,000.00, So I was l~y[l~g to equate that re just 13 some mental math T was dome based on average lot pri~s 14 and dcnsiEcs in Denton today. And r.hat seemed lkke 15 pretty high nmnbcr. 16 MR. BUSSELL: She has mn the numbers m~d 17 Lhat's what we discussed lx, day becau~ I kne.w the 18 question would come up. So it's -- 19 COMMISSIONER STRANGE: Okay. Al! cighL 20 Thank you. 21 MiL BUSSELL: YCS, 8i1'. 22 COMM[SSJONER MULROY: Mr. Johnson~ 23 COMMISSIONER JOHNSON: The Nevada 24 aIong Moc~ingb{r'd, the lot width, {hey }ook like they're ~2, pretty narrow lots, Page 54 ! proposc4 project here that's goJug tv affect rha~ cost 2 because rllafs a V~L~ sab~mndal cost dii:l~mnce fo~' tim 3 diange in densi~? 4 MR, BUSSEI. L: YOn bc~. A lot of' it ]aah tO 5 do with, once again~ you go back m g~mchy of the 6 and rigN-of-way accede. When ymt start going NR-4. 7 ~qpecially on Nevada Court hu~ also on Oriole, you have tn 8 pttt a public stt'~t back ti,~re t<~ sm'vt. 9 Wlm~ you ~o ~R-4. ~Nht kind of 10 what yon're ending up having to do i.~ single-side, 1 ! singleqoad Pais[%' as it g~ back. thmv bmaus¢ you 12 can't get it in flxc middle lhm-¢ like shown tmatzsc you 13 can't get ~he Iol si~ xhat you n~l. You g~ really ~4 odd. r~lly wide 1o~. D~s t[mt make sense? So i5 why you s~ d~e big mcr~,sc in costs. That's one et' file 18 thor's a sll~gmatial~ flit nmuber yeLl're ta~ing abouz is '19 snbslan~al, And l'nl just ttTing tc look at ~t feom 20 coI*¢epl of affordable housing v~sus wl~at housing would 21 jf it caulc hi undO' NR 4, 23 COMMISSIONER ST~kNOE: If WO'I'~ looking at 2~ prc~, wid~ enid. I just didnh want tine ,mmbm'~ t~ Page 56 MR, BUSgnr. L: Those are -- I'm sol'C,', COMMISSIONER ,IOI4'N.q(')N: welt, how naa'my are 1 2 3 4 MR. mJSSgLL: Right. Still con~tual, 5 dx~st~ l'igla now a~ coimnon wall duplex or to~wihouse~ wid~ 6 tho alley in d~e back. That's why they're narrow. 7 They're 30 foot .shown tt~e g COMMiSSiONER JOHNSON: B~catlsg thc lot, 9 6,000 square ~bot h>t can he, I guess, one foot wide and a .l 0 1o~ of f~ long, rigN? I 1 MR, B~SgLL: 6oo t~t ~- yeah. You bet. 12 COMMISSIONER aOBNSON: Ard fl~o way you've 13 go~ it pica'ed hera d~s look a littl~ bit out of 14 chm'ac~m' wkl~ thc oth~r tots in ~.1¢ n¢ighb0rh006. 15 m~. m;ssuku YOu bm. Ri~t, 16 tllc odd configtu-ation of t~nt tract and facing 17 Mockingbird. it didn't s~n ant of place to put t0wnh0mm 1 ~ ~r duple~eg aleag a collector [ 9 COMMISSIONER ,IOHNSON', ,M'~ there 20 tow:lhoine~ or duplexes in this ama? 21 MR B'USSELL; I don'k buliuv¢ 22 COMMISSIONER JOHNSON: okay. Did 23 thc ncighborhcud [ 24 Ma. BUSSELL; ~h, y~h, ~) COMM1SSIONNR ]OIINSON: Wag '&ia C0aCCpt PI~ANNIN(} & ZONTNG COMMISSION OCTOBER 22, 2003 Page 53 - Pag~ 56 FROM : GTGMOJG Nov. OG 2003 10:26AM P15 FAX NO. : 940 5865348 Condenselt~'~' 2 MR BL;SSI'.I.I.: Y~. S COMx,I~$$~ONE~ ~OITNSONh And xvCrC thom 4 colmncnts at the neighborhood ii~eti~g at)out it'/ 5 MR. BUSSK!.,L: 6 COMMISSIONER JOItNSON; whttt s~lncd 1:o bc ? the concsm, m your opinion? Was it to~mhomcs and 9 MR. BUSSEL'[.: Tllm'c was a connn~lt, I think~ !0 on th~ townhom~s, dup~cx~s, an~ that w~s abou~ it. I 11 mom% we're not mlk.ing a who[c bm~ch of garages ~n the 12 !font and things lik¢ ~hat, So the appearance ~roin the 13 strut is going rd be really ni~. But I believe d~e.re 14 wer~ some, maybe one or two connnents. It wasnLt a 15 hcad-burriag ~ss~, as I recall It was a good meeting, 16 thougtL There wasn't airy mol head-butting there~ 17 Everybody was maliy cordial. g COMMrSSTONHZR iOT'TNSONh Okay. Apparently, ~9 drainage and ~aasportmhm waso't dincusscd because r. Hat 29 was brought. ~p aga}.n hem tonighK 21 MR. 3USSELI..: No. Transportation was not 22 discussed, but drY, age was discussed. 23 COMMISSIONER JOMNSON~ There s~r~ed to be 24 ~s~ab~e explanations for the ~ain~e issue. And 2> transportation, of course, is a problem city-wide. But Page 58 I when McKinney wid. CLlS llp, :bal solves a tot of pcoblems 2 xvi~ ~ansponat~on in 3 that was brought up at ~lu ndghborhood m~ting. 4 MR, BU$$~R,I.: 5 ~ransporratioa was brougj~t up, gat like i said., drainago 6 was. And I explained the sonic flung in drainage that I ? did just now to you. 8 COMMIESIONEI{ JOHNSON: Okay. Thank you. ] 0 COMMISSIONER MULROY: okay. Tl't~'e's no 1 ! I~l~ questloa~ from tho Commisslon~s so we're going to 12 t}mnk ND. Bussell and dose thc public h~riug. And we'll '.5 bc open fo.r discussion or motions+ Now, weh'cgoing to 14 look at thcso as two scparal¢ items, 5A and 5B. T]~ 15 dismi~sion is opea to bo~h. But whvn wv gut ready to make 16 a morion, lu~'.q stun wifl~ 5A, pZaso. ~'. Powd], :J 7 COMMISSIONER PO%ELL; wou.ld ~18 appropriate to make a motion and then discuss it, or 9 versa? 2() COMMISSIONER MULRO'g: Help yotu'scif. 2] i'ighr ahead. 22 COMMrSS~ON~tq POWkH..: rh=n I'd Iik~ a 23 lido d{soussion first, if T may, Sir. I'd like m polnt 24 out that one speaker, oho of '25 la,mi ubeat it just being a few imuscs whon fl~at was Page 59 1 a(h,m~lagcoas. Thc second speaker said il was a lot 2 hot;scs when that w~s ~dvantagcous. You know, t don'! 3 ttiink they -- they may have ind today but L{:C3, didn't geL 4 thcir story straight. 5 I understand thc n~d for affordable 6 housing, i reprgsm~t un ~a of thc City that I doW: 7 live in that really needs affordable housing. So [ think 8 I understmd it as well as anybody. But 1 also 9 the responsibflfly we have to thc ~xistb~g taxpayers here 10 and homoowners. And I'm looking m tlm existing zoning 11 map and t don't ~c an34bing but sn-s and NR-4. So I lg Zaoing toward, leaning toward denying diem both i3 point Lhar out. J 4 COMMISSIONER MULROY: 'dlank you, 15 Mc, PowctL Okay. If no one else wishes rd speak, the i(4 floor is open for a motion, please. ~7 COMMJSS1ONER POWELL: Move to deny. 18 COMMISSIONER MULROY: That's SA? 19 cONrMISSIONER POWBLL~ YCs, 20 COMMISSIONE~ Mr lLKOY: MOtiO~l by Mr, Powdl 21 on 5A to deny. 22 COMMISSIONER JOHNSON: !'Ii scored 23 COMMISSIONER MULROY; second by 24 Mr. JoHnson, Any discussion? if not, pl.ea~ yom. It's 25 a motion to deny So if you vote yeg, that*s to de~y 12 PLANNING & ZONING COMMISSION OCTOBER Page 22, 2003 Page 57 ~ Page 60 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: November 18, 2003 General Government Betty Williams, Director of Management & Public Information Michael A. Conduff, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas authorizing a settlement agreement with Marcus Cable Associates, L.L.C. d/b/a Charter Communications; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such agreement, and to take such other actions deemed necessary to finalize the agreement; and declaring an effective date. BACKGROUND: As part of the preparations for a fi'anchise renewal with Charter Communications, the City conducted a review of the cable franchise fees received by the City from Charter for the period January 1997 through June 2002. The City contracted with C2 Consulting Services, Inc. (C2) to conduct this review. During the on-site review and discussions with Charter representatives, C2 noted nine major issues with respect to the franchise fee computations by Charter and concluded that some back franchise fees, plus interest, were owed to the City. Charter was unable to provide some relevant financial information for the 1997 and 1998 period. Also, worthy of note is the fact that C2 spent several days of effort unproductively as a result of Charter's lack of organization and response to the data requirements and on-site review of the supporting financial documentation. A Notice of Violation letter was sent to Charter on March 5, 2003, as required by our franchise. Staff has negotiated a settlement on the back franchise fees owed, reimbursement for some of our consultant costs and a penalty for the missing data. OPTIONS: 1) Approve the ordinance authorizing a settlement agreement between the City and Charter Communications. 2) Deny the ordinance and direct staff to continue working on with Charter on a new settlement agreement. RECOMMENDATION Staff recommends option #1 ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989) 11/13/03 Charter Franchise Fee Settlement Page 2 of 2 PRIOR ACTION/REVIEW (Council~ Boards~ Commission): 1) Legal Status Report, June 6, 2003 2) Legal Status Report, August 29, 2003 3) Council Closed Meeting, September 02, 2003 4) Council Closed Meeting, November 18, 2003 FISCAL INFORMATION: City will continue to receive 5% of Charter Communications gross revenues as franchise fees. Respectfully submitted: B~etty V~illiams Director of Management and Public Information Prepared by: J~2abrales Jr. P~ Information Officer Attachments 1. Ordinance ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989) S:\Our Document s\Ordinances\03 \Chart erfranchisefee.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A SETTLEMENT AGREEMENT WITH MARCUS CABLE ASSOCIATES, L.L.C., D/B/A CHARTER COMMUNICATIONS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH AGREEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on March 5, 2003 the City notified Charter that the Audit of franchise fees paid to the City by the cable television system for the period January 1997 through June 2002 had been conducted by C2 Consulting Services, Inc. and that C2 had raised a number of issues regarding the calculation and amount of the fees paid; and WHEREAS, the City believes that Charter was not able to produce financial documents requested by the City for some of the years encompassed in the audit period; and WHEREAS, Charter disagrees with some but not all of the conclusions made in the C2 study; and WHEREAS, C2 and Charter have spent considerable time reviewing and evaluating financial records for prior years, and the parties desire to conclude this review process and to settle all prior claims relating to the franchise fee Audit. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals set forth in the preamble of this ordinance are incorporated by reference, herein. SECTION 2. The Settlement Agreement, ("Agreement"), Attachment A", is hereby approved, and the City Manager is hereby authorized to execute said Agreement and other related documents deemed by the City Manager and the City Attorney to be necessary to conclude the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _, 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 11/18/03 Attachment A SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made and entered into by and between Marcus Cable Associates, L.L.C. d/b/a Charter Communications ("Charter") and the City of Denton, Texas (the "City") relating to the City's audit of franchise fee payments by Charter and its predecessors as described in the City's letter to Charter dated March 5, 2003 (the "Audit"). By this Agreement Charter and the City of Denton hereby settle any and all claims or disputes regarding the Audit and payment of prior franchise fees. WHEREAS, on March 5, 2003 the City notified Charter that the Audit of franchise fees paid to the City by the cable television system for the period January 1997 through June 2002 had been conducted by C2 Consulting Services, Inc. and that C2 had raised a number of issues regarding the calculation and amount of the fees paid; and WHEREAS, the City believes that Charter was not able to produce financial documents requested by the City for some of the years encompassed in the audit period; and WHEREAS, Charter disagrees with some but not all of the conclusions made in the C2 study; and WHEREAS, C2 and Charter have spent considerable time reviewing and evaluating financial records for prior years, and the parties desire to conclude this review process and to settle all prior claims relating to the franchise fee Audit. THEREFORE, in consideration of the mutual covenants, conditions and obligations set forth herein, the parties agree as follows: A~reement 1. Payment to the City. Charter agrees to pay to the City within ten (10) days of the date of this Agreement additional franchise fees for the audit period of $ ., plus additional interest that has accrued since the date of that calculation for a total of $ 2. Partial Reimbursement of Costs. Charter agrees to pay the City within ten (10) days of the date of the Agreement the sum of $__ as reimbursement for certain costs. 3. Additional Consideration. Charter acknowledges the City's concern over any missing data or delay in providing certain data and agrees to pay the City within ten (10) days of the date of this Agreement the sum of $ 4. Settlement. Payment by Charter under this Agreement is intended for settlement purposes only and does not constitute any admission by Charter or agreement with the methodology or calculations utilized by C2 in estimating the additional franchise fees. This settlement is intended to resolve and conclude all matters in dispute relating to the franchise fee Audit period of January 1997 through June 2002, excluding any claim for franchise fees or other Settlement Agreement 11/18/03 fees due the City based on "cable modem service" revenues, as provided below, and neither the City nor Charter shall have any further claim against the other relating to franchise fees for the period of the Audit. By entering into this Agreement the City does not waive or release any claim it has as to any fees due the City which arise from Charter's providing "cable modem service" to subscribers in the City, such claims including but not limited to such revenue in the cable franchise fee base from March 2002 forward (as such revenues were excluded) or as may be due the City from such "cable modem service" as a "telecommunication service". Additionally the City acknowledges that Charter by entering into this Agreement does not waive any rights or legal arguments it may assert with regards to such claims by the City, if any, that arise from Charter's provisioning of "cable modem service" to subscribers in the City. 5. Applicable Law. This agreement should be construed and interpreted in accordance with the laws of the State of Texas. 6. Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall be deemed an original and all of which together shall be deemed one and the same document. 7. Entire Agreement. This Agreement is the entire Settlement Agreement that exists between the City and Charter with respect to the franchise fee Audit. IN WITNESS WHEREOF the parties have executed this Settlement Agreement as of this day of November 2003. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY Michael A. Conduff City Manager BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2 S:Our Docunlelt s~on~act ~03 Char t~ Cmn Settlement Agre~1lelt DOC Settlement Agreement 11/18/03 MARCUS CABLE ASSOCIATES, L.L.C. d/b/a CHARTER COMMUNICATIONS BY Name: Title: ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me on the __ day of ., 2003 by ., of Marcus Cable Associates, L.L.C. d/b/a Charter Communications. Notary Public, in and for the State of Texas My Commission expires: 3 S:Our Docunlelt s Contr act ~03 Char t~ Cmn Settlement Agre~llelt DOC