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HomeMy WebLinkAboutJanuary 13, 2004 Agenda AGENDA CITY OF DENTON CITY COUNCIL January 13, 2004 After determining that a quorum is presem, the City Council will convene in a Planning Session of the City of Demon City Council on Tuesday, January 13, 2004 at 4:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the following item will be considered: NOTE: A Planning Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction imo whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a Planning Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Planning Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive outcome statements and hold a discussion regarding Downtown and the Downtown Master Plan. 2. Receive a report and hold a discussion regarding Attractiveness/Community Aesthetics. o Suggestions for Agenda Committee on future agenda items and/or placement of items for upcoming agendas. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of ,2004 o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: January 13, 2004 DEPARTMENT: ACM: Parks and Recreation Department Howard Martin, Assistant City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding Community Aesthetics. BACKGROUND As growth and development continue to be a dominant issue in the Denton area, the image the city projects to citizens, tourists, and potential businesses will be critical to sustaining and attracting quality development. The perception first-time visitors or prospective investors have of Denton occurs along the 1-35 corridor and other major thoroughfares as they travel to major destinations in the area. Therefore, the developmeN of quality urban design, including streetscape elemeNs, corridor improvemeNs, public art, way-finding systems, and an overall attractive visual landscape are essential in influencing Denton's future. This white paper will outline basic elements that contribute to community aesthetics, identify existing efforts in place related to improving and maiNaining the urban environmeN and ideNify poteNial strategies to improve current efforts. ESTIMATED PROJECT SCHEDULE NA PRIOR ACTION/REVIEW The City Council adopted The Denton Plan 1999-2000: Comprehensive Plan of the City of Denton, Texas on December 7, 1999. The DeNon DevelopmeN Code was adopted by City Council on February 2, 2002 and wen iNo effect on February 20, 2002. FISCAL INFORMATION Improving the City's image promotes the retention of business and supports economic development in the area generating new revenue sources. Some initiatives in this white paper would require investment in capital development. EXHIBITS 1. White Paper - Community Aesthetics Prepared By: Lancine Bentley, KDB Program Area Manager Respectfully submitted: Janet Simpson, Director Parks and Recreation City of Denton White Paper Community Aesthetics January 2004 Prepared By: Lancine Bentley, Keep Denton Beautiful Contributions By: Nona Muncie, Planning Department Joanie Housewright, Police Department Vance Kemler, Solid Waste Department Herbert Holl, Greater Denton Arts Council Caleb Simpson, Parks And Recreation Reprographics The Denton City Council has scheduled a series of long range planning sessions intended to address high priority community i~terests~ I~ preparatio~ for this work session, city staff prepared this white paper for Council a~d citize~ review~ This paper overviews ideas to improve the appearance of the bu#t a~d ~atu~l enviro~meflt i~ De,toff, COMMUNITY AESTHETICS Introduction Part I: Beautification A. The Denton Plan B. Streetscape 1. Purpose and Benefits of Streetscapes 2. Elements of a Streetscape 3. Designating City Gateways 4. Visual Assessment of Streets 5. Fry Street Streetscape 6. Another City's Solution C. Corridor Improvement Plan 1. Legal Nonconforming Uses 2. Corridor (Gateway) Overlay District 3. Characteristics of Overlay Districts 4. Purpose of Overlay Districts 5. Denton Overlay Districts D. Interstate Highway 35E 1. Future Reconstruction 2. Right-of-Way Maintenance 3. TxDOT Maintenance Levels 4. Other Metroplex Cities' Solutions E. Urban Trees 1. Environmental Benefits 2. Economic Benefits 3. Quantitative Benefits in Other Texas Cities 4. Tree Preservation 5. Denton's Draft Tree Preservation Ordinance F. Public Art 1. Design Process 2. Integration of Public Art 3. The Denton Plan G. Way Finding (Signage) 1. Downtown Master Plan 2. The Denton Plan H. Dumpsters Issues 1. Dumpsters in the ROW 2. The Denton Plan 3. Dumpsters in New Developments 4. Dumpsters in Existing Developments 5. Other Cities' Solutions 6. Container Appearance/Condition 7. Graffiti 8. Fry Street Dumpsters 9. The Draft Solid Waste Code I. Funding Tools 1. Federal Funding 2. State Funding 3. Green Ribbon Landscape Improvement Program 4. Construction Landscape Program 5. Governor's Community Achievement Award 6. Local Funding 7. Tax Increment Financing 8. Public Improvement Districts 9. Local Partnerships J. Beautification Initiatives Part I1: Litter A. Background B. Causes C. 'Raise the Bar' Survey Findings D. Solutions E. What Works F. Litter Reduction Initiatives Part II1: Code Enforcement A. Legislation 1. Ordinances 2. Ordinances in Other Cities B. Enforcement 1. Enforcement Designation 2. Nuisance Abatement Process 1. Other Cities 2. The Landscape Ordinance 3. Resources C. Adjudication 1. City and Judicial Support 2. Environmental Courts D. Enforcement Initiatives Conclusion Beautiful urban environments with distinctive character and a strong sense of identity do not just happen; they are envisioned, planned, and realized. The road to Denton realizing its full aesthetic and economic potential involves implementation of The Denton Plan, full enforcement of the community's standards as determined in the Code of Ordinances, master planned beautification efforts, corridor designation and preservation, and litter reduction strategies. This effort will require a proactive approach from city leadership, inter- departmental strategies and cooperation, creative problem-solving, and innovative private and public partnerships. Demon's ability to foster an aesthetically pleasing visual environment will enhance its ability to attract new residents and business growth. Following is an excerpt from an article titled "When Attracting Businesses, First Impressions Count" from the March 2002 issue of Fiscal Notes, a publication of the Texas Comptroller's Office. It contains the opinions of experts statewide about the connection between community appearance and economic development. Heather Richardson, Director of Corporate Expansion and Recruitment with the Texas Department of Economic Development, states that there is a "strong link between a community's focus on cleaning and beautifying its streets and parks and its ability to lure new industry. When choosing a site to expand or open a new plant or operation, companies look at an entire community, not just the potential building site." Bill Wellborn, President and CEO of the Lufkin/Angelina County Economic Development Partnership, states that "to make a home for world-class companies you have to have a world-class community. If you look at trying to attract new business and industry, you need to have a clean and neat community." This paper will outline basic elements that contribute to community aesthetics, identify existing efforts in place related to improving and maintaining the urban environment and identify potential strategies to improve our current efforts. PART I: BEAUTIFICATION THE DENTON PLAN The Denton Plan, adopted by the City Council in 1999, established policies, goals, and strategies that promote a well-designed blend of natural and created beauty, and development. Below is an excerpt from the introduction to Chapter 4-- Urban Design. "Urban design is a term used to define how a community manages the physical and visual character of its built environment. Urban design has become an increasingly dominant issue in Denton in response to growth in development and construction activity. The design quality of the built environment can have a profound effect on the economic and social health of a city. The quality of the surroundings where people work, live and play affects Denton's image and attractiveness to developers searching for high quality business and residential locations. By contrast, a poorly designed urban environment can be a barrier to investment and economic development. A high quality environment is a fundamental requirement to attract long-term, high- quality investment. The issue of urban design must be addressed rigorously if Denton is to achieve the quality of development that most citizens desire .... Urban design should receive equal consideration alongside concurrent objectives related to environmental quality, social equity, economic stability, and long-term prosperity .... Denton seeks to maximize both public and private benefits by improving visual quality and perceptions of our image." Many of the policies in The Denton Plan directly address community appearance. Some of those are: · The impact of public features such as signage, electric lines, valve boxes, solid waste receptacles, streets, curbs and gutter, sidewalks, buildings, parking lots, and parks should be recognized as important factors in affecting community appearance. Concern for community appearance should be addressed in a comprehensive manner. Such an approach provides the opportunity to integrate urban design objectives with other planning mechanisms, such as land use, zoning, subdivision regulations, historic preservation, economic development, and environmental protection. The value of trees and landscaping should be recognized as important features that strongly influence the aesthetics and environmental quality of the city. This recognition of value will be reflected in all development standards. The Denton Development Code, adopted by the City Council in 2002, comains the tools (codes) to effectively implement The Denton Plan's community vision. Enforcemem of the DeNon Development Code is a critical piece in the success of achieving its vision. STREETSCAPE The street is more than just a place to move people and stow utilities. As the most intensively used public space in the urban landscape, the street is also a social space, a thread that can knit together neighborhoods, institutions and businesses. Its design and appearance should reflect its importance, and the desired image of the community. Purpose and Benefits of Streetscapes In general, streetscapes: · improve the overall visual image of an area, · promote voluntary improvement of adjacem properties, · create a 'sense of place' and 'idemity,' · designate and define community gateways, and · create transitional landscapes between commercial, business and residemial areas. See attachment A. Elements of a Streetscape Any street or sidewalk-related enhancement for community idemity and can be termed a streetscape project. Streetscape projects can include improving the uniformity of street surfaces, improving curb and guttering, and installing streetlights, street trees, public art, crosswalks, street furniture, bollards, trash receptacles, bus stops,street signs, and landscape plantings. On some streets, streetscape plans include bike lanes and bike racks. Non-uniform bus stops Designating City Gateways At designated city gateways, streetscapes should include signage that is significant in design and stature. Entry points require strong image definition through streetscape improvemems to amplify the initial impact and communicate a distinct 'sense of place.' The Downtown Master Plan designates University Drive, Oak Street, Hickory Street, Fort Worth Drive, Dallas Drive, McKinney Street, and Locust Street as "preferred routes to downtown." Some of these same streets, particularly those that bring visitors in from 1-35E, could potentially be identified as Denton gateways. Visual Assessment of Streets A visual assessment of Denton's main corridors will help to idemify both positive and negative characteristics of existing streetscapes. Positive visual elemems can include well-designed buildings or architectural features, attractive landscape treatments, significant views, and good maintenance practices. Negative visual elements can include legal nonconforming land uses, unscreened business uses, lack of landscape developmem, and negative views such as visible dumpsters. A visual assessmem is the first step in developing a streetscape plan. See attachments B, C and D. Fry Street Streetscape Denton adopted the Fry Street Small Area Plan in 1999. In the plan, stakeholders identified concerns that included: litter, poor condition of dumpsters, dumpsters on the rights-of-way, lack of parking, traffic congestion, poor traffic control, panhandling, poor property maimenance, and dilapidated buildings. The plan also set forth some recommendations for improving the area. Many of these recommendations could be incorporated into the development and implementation of a streetscape plan for the area. Another City's Solution Northgate, a housing, retail, bar, and club community across the street from Texas A&M University, was experiencing the same problems of blight which currently plague the Fry Street area. In 1993, the City of College Station began working on a redevelopment plan to improve infrastructure, streetscape, and solid waste management methods in the area. In 1996, the City of College Station adopted and is still implementing the second phase of improvements. In the Capital Improvement Projects Bond election in November 2003, the residems of College Station voted to allocate another $5,000,000 in bonds to the Northgate area. See attachment E. CORRIDOR IMPROVEMENT PLAN In January 1998, staff prepared a corridor ordinance to implement regulations to enhance and improve the appearance and safety of corridors. Overall regulations in the ordinance related to setbacks, architectural materials, architectural design, uses visible from the corridor, signs, and non-conforming landscaping. Although it addressed many issues related to community aesthetics, the ordinance was not brought to a vote by the City Council at that time. Since then, many requiremems in the corridor ordinance have been modified and incorporated into the Denton Development Code. The city has been re-zoned in accordance with The Denton Plan. However, there exist incompatible, legal nonconforming land uses, particularly along DeMon's main corridors. An example of this is the Day Labor Site on Fort Worth Drive. Legal Nonconforming Uses The Development Code outlines three instances that terminate legal nonconforming uses that in effect bring a property into compliance with the land use specified in the Zoning Ordinance. Vacating a property for six months or more, or intentionally destroying the structure housing the use are acts initiated by the property owner that terminate legal nonconforming status. Amortization is an act initiated by the City that has the same effect. However, in the absence of any of the above three actions, there is still much that can be done to improve the appearance of properties along major corridors, particularly those that have been designated as community gateways. Corridor (Gateway) Overlay District Although there are legal nonconforming uses on most of Denton's main corridors, including those that could be identified as community gateways, the creation of a Corridor Overlay District could enhance existing properties (while protecting existing uses) and heighten the level of new development. Characteristics of Overlay Districts Overlay districts usually institute a higher standard of quality of design for all new development as well as for the expansion of existing structures in their boundaried areas. Overlay districts can also require existing structures to make aesthetic improvements to their exteriors over a period of time while retaining their existing use. Enhanced design elements are usually specified and may include the types of landscape and construction materials that can be used. Overlay districts establish a set of guidelines that can help a community to realize its vision of itself in its physical environment. Examples of aesthetic improvements to existing structures Purpose of Overlay Districts Per Subchapter 7 of the Denton Development Code, "districts should be established to protect and enhance certain specific lands [gateways] and structures which, by virtue of their type or location [city entry points], have characteristics which are distinct from lands and structures outside such special districts." Denton Overlay Districts Currently, Denton has three overlay districts: Denton Municipal Airport Overlay District, Fry Street Overlay District, and the Historic Conservation District. In the Historic Conservation District, for example, one of the purposes of the overlay as stated in The Denton Code is to 'Safeguard the heritage of the City of Denton by preserving areas of the city that contain landmarks, buildings, and/or sites which reflect elements of the city's cultural, social, economic, political or architectural or archeological history." Overlay districts can serve the purpose of enhancing, preserving, and protecting that which a community deems valuable. INTERSTATE HIGHWAY 35E The significance 1-35E plays in creating the first and possibly last impression of Denton cannot be overstated. For those simply passing through to another destination, it is the only image they have of the community. Such was the case in 1999 when Neal McCaleb, Oklahoma Governor Frank Keating' s Transportation Secretary, was speaking publicly about Oklahoma's new statewide anti-litter campaign. In an article published in the Dallas Morning News on September 15, 1999, Mr. McCaleb stated "When I'm driving, I'm scanning the roadside all the time to make kind of a subjective assessment of how we're doing. I recently drove to Dallas, and I promise you we are in a lot better shape than Interstate 35 in Texas. If anyone wants to challenge that, there are portions of 1-35E around Denton that look like you are driving on the road to the dump." Future Reconstruction The Texas Department of Transportation (TxDOT) has undertaken a Major Investmem Study of the 1-35E corridor from 1-635 in Dallas to US 380 in DeNon. Their effort is focused on the reconstruction of this highway to handle the currem and amicipated traffic. This study is in the schematic design stage and anticipates construction within the next ten years. The preliminary schematic design amicipates eight main lanes and six lanes of access roads through the City of DeNon. This level of proposed reconstruction will have a significant impact on the right-of-way as it currently exists and will provide an opportunity for the City to address issues relating to entryways and landscaping along this route as the design evolves over the next several years. Currently, Denton does not have adequate design standards along 1-35E. Right-of-Way Maintenance However, at this time, improvements can be made regarding 1-35E right-of-way maintenance as it pertains to mowing and litter abatement. TxDOT Maintenance Levels In 2000, TxDOT maintenance levels were: · 1-35E--mowed three times per year; litter pickup-seven times per year. · 1-35W--mowed three times per year; litter pickup-two times per year. · Loop 288--mowed three times per year; litter pickup-three times per year. In 2001, Keep DeNon Beautiful worked with TxDOT to increase the number of mowing cycles on 1-35E to five and the number of litter pickups to nine. However in 2003, the mowing and litter cycles were decreased. Currem levels of TxDOT maintenance are: · 1-35E--mowed only three times per year; litter pickups have been reduced to six times per year. · 1-35W--mowed three times per year; litter pickups have been reduced to once annually. · Loop 288--mowed three times per year; litter pickups have been reduced to twice annually. Presemly, there is no roadway debris removal via street sweeper. The street sweeping contract expired in August 2003 and is to be re-let in mid- February 2004. Sweeping of 1-35E overpasses and underpasses could resume as early as March 2004, but more likely not umil April. Notably, the mowing and litter pickup services were also not performed on Denton's state-controlled roadways between May 2003 and September 2003 because that contract was also delayed in being re-let. Other Metroplex Cities' Solutions Due to the inadequate level of TxDOT service and the desire to enhance the entryways into their cities, Lewisville, Allen, Plano, Grapevine, Carrollton, Highland Village, Richardson, and Flower Mound have enhanced the appearance of their state-comrolled roadways (I-35E, 121, 407, 3040, 2499) by supplememing TxDOT mowing and litter pick up service levels with either in- house efforts or contracted services. In January 2001, the City of Lewisville began comracting all 87 of its 1-35E roadside acreage for maintenance. The maintenance contract includes litter pickup, mowing, edging, cleaning of all roadway and curb cracks, and spraying of tree rings. This service is performed monthly during the growing season (8 times per year) at a cost of $22,000 annually. TxDOT cominues to pick up litter on 1-35E through Lewisville. Lewisville also contracts for maintenance on Hwy 407 and Hwy 121. The other cities listed above are contracting for mowing and litter abatement services on state- controlled roadways in their cities between March and November on average from once per week to once every three weeks. To acquire the best bid, several of these cities are: · also comracting out their city medians and rights-of-way, and/or · piggybacking omo an existing comract in a neighboring city. The second option guarantees the same price per acre and eliminates the necessity of going out to bid. A private contractor currently maintains all five miles of comiguous 1-35 roadway from the southern city limit sign of Carrollton to the northern city limit sign of Lewisville. Per TxDOT, 1-35E through Demon (Mayhill Road to the IH-35W imerchange) is approximately 179 acres. On average the contracted maintenance rate in the above listed cities is $35 for flat acreage and $50-$60 for sloping acreage depending on the total number of acres in the service contract. URBAN TREES Without trees, most cities are a sterile landscape of concrete, brick, steel and asphalt. Because most people prefer to live, work, and visit beautiful places, trees are one of a community's most vital assets. Trees contribute to the beauty and character of the local landscape. Differem native species distinguish one place from another. Trees shape the perception and feelings about our neighborhoods by framing buildings and enhancing open spaces. Less Ener~' Environmental Benefits Trees are critical to the overall quality of our environment. Trees offset development impacts, significamly diminish noise pollution, lower air temperature, reduce smog, remove pollutants from the air, and decrease topsoil erosion. Trees are a critical component of numerous ecosystems and provide habitats for songbirds, small forest animals, wildflowers, and smaller understory trees. · Air Quality -- Trees are an efficiem and cost-effective way for a community to improve its air quality and reduce pollution. A mature tree absorbs between 120-240 pounds per year of small particles and gases such as carbon dioxide which are released imo the air by automobiles and industrial facilities. In addition, a single tree produces nearly three-quarters of the oxygen required for one person; and a canopy of trees in an urban environment can slash smog levels up to six percent. American Forests reports that just 25,000 acres of forest can offset the equivalent emissions of 10 billion automobile miles. Water Quality -- Trees help anchor soil and reduce storm water runoff, saving the high costs of drainage ditches, storm sewers, and other 'engineered solutions' to storm water management. A street lined with 32-foot tall trees can reduce runoff by almost 327 gallons, allowing cities to install smaller and less expensive water management systems. Reducing runoff also decreases topsoil erosion and the amount of silt and other pollutants washed into streams, rivers, and lakes. Lower Heating and Cooling Costs -- Trees have demonstrated the ability to reduce heating and cooling costs and counteract the "heat island" effect in urban environments. Urban areas with little vegetation can experience temperatures of up to seven degrees higher than those with tree cover. This translates into significantly higher energy costs to cool buildings. Properly planted trees can cut heating and cooling costs by as much as 12 percent and reduce overall power demand. Reduced Noise Pollution -- Noise pollution is an often-overlooked problem. Excessive or unwanted sound has negative physical and psychological effects. Noise can come from many sources, especially roads and highways. Trees can play an important role in deadening unwanted noise. Sound waves are absorbed by a tree's leaves, branches, and twigs. Studies suggest that belts of trees 100 feet wide and 45 feet long can cut highway noise in half. Economic Benefits Trees are a major economic asset in building a positive community image--a key factor in attracting residents, business, and visitors alike. Some of the economic benefits attributed to trees include: · Higher Commercial Land Values and Occupancy Rates -- Trees have a positive impact on the value of commercial property. Recent surveys indicate that nine out of 10 commercial real estate appraisers believe that trees boost the sales appeal of commercial properties and add significantly to their value. In addition, commercial areas with trees enjoy higher occupancy and rental/lease rates than identical properties that lack landscaping. Some studies suggest attractive tree-lined commercial centers are more desirable than those areas without trees that have direct access to main roadways. Increased Consumer Patronage and Spending -- The appearance of a business can attract or repel customers. Well- landscaped businesses project an image of quality that entices customers. Surveys show that three out of four consumers prefer to shop in places that are graced by trees and other forms of landscaping. One study showed that patrons to shops with extensive landscaping and tree cover spent 11 percent more than they would in an identical shop without attractive landscaping and trees. Greater Residential Property Values -- Studies have consistently shown that trees have a major impact on the price and desirability of homes. Among identical homes, those with trees sell for an average of five percent more than homes without trees. Property values for unimproved lots can rise as much as 30 percent based on the amount and density of tree cover. Quantitative Benefits in Other Texas Cities According to studies by the U.S. Department of Agriculture Forest Service and the American Forestry Association, trees in the urban landscape have resulted in less pollution, and have been assigned a monetary value in several Texas cities: · Austin--2800 metric tons of pollution removed from the air per year at an estimated value of $14.5 million dollars, · Dallas--2600 metric tons of pollution removed from the air per year at an estimated value of $14 million dollars, · Houston--2300 metric tons of pollution removed from the air per year at an estimated value of $11.9 million dollars, and · E1 Paso--400 metric tons of pollution removed from the air per year at an estimated value of $1.96 million dollar value. Tree Preservation According to Scenic America, a national non- profit organization, "As important as trees are, their survival is often threatened by development. For instance, developers commonly clear-cut building sites to make construction faster and easier. Millions of trees are needlessly destroyed in this way each year, because many communities do not have strong tree preservation ordinances." Tree preservation success is measured over the long term as trees thrive for many years after development is completed. For successful tree preservation to occur, experts agree that the people making decisions about tree ordinances must be knowledgeable in several areas. They must understand: · how trees grow--individually and in clusters, · the process of design and developmem, as well as construction methods, · how trees respond to changes in the environment related to land development, and · the need for ordinance oversight and enforcement. With regard to ordinance oversight and enforcemem, the Texas Forest Service offers three-year grams to assist in funding urban forestry positions in municipalities. Demon was selected to receive $20,000 in 2001 to assist in funding a forester position, but the city did not accept the gram. The city is still eligible for this funding. Urban forestry, problems Denton's Draft Tree Preservation Ordinance The Tree Preservation Sub-Committee of the Demon Planning and Zoning Commission has held six public meetings/hearings to include stakeholders in the drafting of a Tree Preservation Ordinance. The Planning and Zoning Commission recommended the draft for Council approval as written with the understanding that it needed refinemem. PUBLIC ART Public art exists to brighten the eye and enhance the physical environmem, but its importance goes beyond that. Economically successful cities share certain traits, among them is the recognition that an aesthetically appealing community has a clear advantage in attracting and keeping businesses and the people they employ. It is an economic tool hard to measure because it is difficult to quamify opportunity lost from businesses that choose another location. So public art becomes entwined with economic developmem and quality of community life. Design Process An effective model for developing and enhancing the aesthetics and appeal of a community is to integrate public art at the outset of the design process, not as an add-on or afterthought. This results in public art (and other related expressions such as foumains, special design features, landscapes, etc) that is an integral part of the project and incorporated into the project budget from the outset. It also creates ownership among all parties involved in the design process by encouraging clear communication regarding proper production, placement, and maintenance of artwork. It yields projects and schemes that have a sense of appropriateness and of belonging to Denton as opposed to the randomly-placed piece of sculpture known as 'plop-art.' Integration of Public Art Communities such as Seattle, Washington have taken the approach of successfully integrating public art, not only into office and governmental buildings, but also at facilities related to infrastructure such as power substations or water utilities. The Denton Plan The Denton Plan calls for the city to "adopt standards to guide placement of art in public places, such as landmarks, view corridors, pockets, traffic circles and other locations of prominent stature." However, these standards have not been adopted in the Denton Development Code. by traffic as do areas along major arterials and freeways, and although downtown has excellent access from the community, it is generally circumvented unless it is the specific destination. To further complicate the matter, finding the way to downtown from major entranceways can be difficult and sometimes frustrating for visitors or newcomers to Denton. There is no clear route or signage system to lead one to downtown. "Drawing people into the core business district is crucial to revitalizing Denton's downtown. Therefore, fast and easy access is imperative," reports Fregonese. The Downtown Task Force, a group consisting of city staff and interested citizens, is currently working on implementing the Downtown Master Plan. A key element is the creation of a way finding sign system. The way finding map (see below) shows the preferred routes between downtown and major streets in Denton. These streets should be appropriately signed. On-street parking should be advertised, and public off-street spaces should be advertised as well. WAY FINDING (SIGNAGE) Downtown Master Plan The Denton Downtown Master Plan cites transportation and signage as two issues to address early in the implementation of the plan. Downtown does not have the advantage of drive- Citizens expressed improving signage citywide to guide citizens and visitors to the Historic Downtown Square, the universities, and governmental buildings as a top concern in the 1999 'Raise the Bar' survey. should be encouraged. Small area plans should contain strategies for solid waste improvements in existing developed areas." Also a Downtown sidewalk study leading to standards and a pilot project will be completed with citizen input by the Planning and Development Department by May 2004. Also during 2004, the Planning and Development Department will work on a Downtown overlay district to address specific design standards for downtown. The Denton Plan As well, The Denton Plan calls for the city to "design and adopt directional and informational signage schemes that are effective, attractive and reinforce a desirable image for the city." DUMPSTER ISSUES Dumpsters on the ROW The appearance of commercial, business and institutional property can be negatively impacted by the presence of large solid waste and recycling storage containers permanently located in the front of the building line and visible from the street. There are three areas of consideration related to the appearance of solid waste and recycling storage containers: · the location of the storage area, meeting enclosure, and screening requirements, · adequate container maintenance, using an aesthetically pleasant color and paint scheme, and · graffiti abatement. All of these areas affect the attractiveness of property and of the community. The Denton Plan With regard to solid waste dumpsters, The Denton Plan states: "Solid waste containers should be located out of public view on private property, in areas specially designed to accommodate truck maneuvering. The use of innovative technologies to reduce the visibility of solid waste operations Dumpsters in New Developments The current Denton Development Code has successfully addressed this issue for new construction, redevelopment and maj or rehabilitation projects. The Development Code does not allow dumpsters in front of buildings. It prefers all solid waste and recycling storage areas to be enclosed and in the rear of the buildings. If dumpsters are allowed on the sides of buildings, enclosures and screening are required. Dumpsters in Existing Developments The Solid Waste Department has been working with its customers on existing property to encourage the relocation of dumpsters from the right-of-way. A majority of the containers that can be easily relocated to alternative locations have been moved. The remaining dumpsters located in rights-of- way and in front of buildings present a significantly greater challenge to relocate. These dumpsters typically are located in older, fully developed areas with limited alternate location options. Typical locations include: older apartment complexes with limited parking and buffer space, businesses around the Downtown Square and Fry Street, businesses and multi- family residences in the vicinity of the universities, and historic areas. 10 Other Cities' Solutions Some communities have established a reasonable period of time for customers to relocate their containers to meet current development code criteria. Container Appearance/Condition The commercial refuse and recycling containers are painted one color with no distinctive paint scheme. The refuse storage containers are painted dark green and the recycling containers are painted blue. The option of a distinctive paint scheme such as Abitibi's paper recycling containers employ would increase the cost of the containers and their maintenance, though it may offer an improved or distinctive appearance, if an alternative solid color is desired, the cost of conversion would be less. The rotation of containers from service for cosmetic improvement and rehabilitation can be shortened to improve container appearance. Graffiti There has been a recent increase in the amount of graffiti on public property and dumpsters. The joint effort of the police and other city departments to identify and document these locations has helped the Solid Waste Department in scheduling their abatement. Typically, Denton's container maintenance crew removes graffiti on dumpsters within two weeks. Fry Street Dumpsters The Solid Waste Department supports the proposed solution in the Downtown Master Plan to consolidate and screen dumpsters to more effectively manage solid waste in that area. This approach may also be a solution for improving the Fry Street business area. The Draft Solid Waste Code The draft Solid Waste Code includes language that provides for the implementation of the same container requirements for all existing property as is currently contained in the Denton Development Code for new development. FUNDING TOOLS There are federal, state and local resources that are potential funding vehicles for cities to utilize for infrastructure and aesthetic improvements. A few are listed below. Federal Funding Federal funding is available through the federal Transportation Enhancements Program under the Transportation Equity Act. Through TxDOT, Texas cities can apply for Transportation Enhancement (TE) funds for street reconstruction and landscape development. Recently, the House and Senate Committees passed separate versions of a bill to reauthorize the Transportation Equity Act, the multi-year authorization of funds for the Highway Trust Fund. Action on these bills will resume when Congress returns January 2004 to attempt to pass the FY 2004 'omnibus' appropriation bill. Congress will likely pass a comprehensive re- authorization bill before the short-term extension of TEA21 expires on March 1, 2004. The City of Richardson and the City of Haltom City are examples of Metroplex cities that have used TEA funds to redevelop and enhance TxDOT roadways. See attachment F. State Funding State funding includes four TxDOT programs: the Landscape Cost Sharing Program (CSP), the Green Ribbon Landscape improvement Program (GRP), the Construction Landscape Program (CLP), and the Governor's Community Achievement Award (GCAA). Landscape Cost Sharing Program In February 1989, the Texas Transportation Commission established the Landscape Cost Sharing Program. The program was created to allow private businesses, civic organizations, and local governments an opportunity to support the landscape and aesthetic improvement of the state 11 highway system by sharing the project development, establishment, and maintenance cost of landscaping the state highway system. TxDOT is responsible for administration of the state contribution for each project based on 50% of the total estimated project cost. Landscape Cost Sharing Projects are initiated by local governments (city or county). The local government acts as a pass through in cases where private businesses or civic associations wish to participate in the program. Donations toward a project can be in the form of cash or non-cash services. Examples of non-cash services include development of a design plan, labor, materials and landscape maintenance activities. The local government must agree to perform landscape maintenance during the lifetime of the project. The first two years of landscape maintenance are considered as an eligible non- cash contribution toward the project. Green Ribbon Landscape Improvement Program The Green Ribbon Landscape Improvement Program (GRP) was implemented in response to Rider 57 of the TxDOT Appropriation Bill for the 77th legislative session. The Rider requires expansion of the Houston District's GRP concept to other areas of the state and the allocation of funds for landscaping and other enhancement activities to districts that have air quality, non- attainment and near non-attainment counties. In order to meet the requirements of the Rider, TxDOT is implementing the GRP. The program consists of two specific actions. One action is the development of landscape and aesthetic master plans in districts that have cities with populations of 100,000 or more. The other action is the allocation of funds to districts with non-attainment and near non-attainment counties to plant and establish trees and plants on the state highway system that help mitigate the effects of air pollution. Keep Denton Beautiful is currently working with TxDOT to ensure participation in the Green Ribbon Landscape Improvement Program on current and future TxDOT projects. See attachment G. Construction Landscape Program The Construction Landscape Program (CLP) was created at the direction of the Texas Transportation Commission in November 1985 and targets high volume roadways such as IH-35E for landscape development. The CLP addresses new landscape development and establishment projects within each district. The following types of projects can be funded from this program: typical right-of-way landscape development, establishment and aesthetic improvement; rest and picnic area landscape development and establishment; and erosion control and environmental mitigation activities. The CLP provides flexibility to the districts for funding landscape and aesthetic improvements to new as well as existing highway facilities. The design goals are to develop sustainable landscape and aesthetic improvements using native and adapted plant material, specialized surface treatments, and state of the art support systems, while applying current science and technology for resource efficiency. This statewide program allocates funds to each district for one fiscal year at a current amount of $5,000,000 for each year as part of the unified program call. Currently, some of the CLP funds are being used for hardscape improvements (pavestone, colored textured concrete) on projects in which GRP funding is the primary funding. This is being done because GRP funds can only be used for irrigation and landscape, not hardscape improvements. Governor's Community Achievement Award The Governor's Community Achievement Award (GCAA) has been sponsored by Keep Texas Beautiful since 1969 and funded by TxDOT 12 since 1986. The GCAA is presemed to communities in nine population categories for exhibiting the best grassroots, volunteer environmemal and community improvemem programs in the state. In 2003, Keep Denton Beautiful was the recipient of the GCAA in the population category of 50,001 - 100,000. This recognition comes with a monetary award of $130,000. The gram funds are designated for landscape developmem and installation on any state-maintained roadway in Denton. See attachment tt. Local Funding Local funding instrumems may include: Tax Increment Financing, Public Improvement Districts, local and regional partnerships, as well as business incentives and tax abatements. Tax Increment Financing Tax Increment Financing (TIF) -TIF is a tool used by municipalities to reduce or eliminate blighting conditions, foster improvemem, and enhance the tax base of every taxing district which extends into the area. Tax Increment Financing provides for redevelopment that would not occur without the support of public investments. This tool allows the City to capture the increase in state and local property and sales taxes that result from a redevelopment that also contributes to the TIF fund. The City is required to prepare a redevelopment plan for each district that identifies uses for the TIF fund. Public Improvement Districts Public Improvement Districts (PID)--Under Texas law, municipalities may create special districts in which to improve landscaping, streetscapes, public amenities, parking facilities, infrastructure needs, and other municipal amenities. A city may either create a PID solely, or with other governments or private interests. PIDs may be funded through general funds of the city, grams, or a specially levied tax. Local Partnerships An example of local partnerships helping to fund a community project exists in Milwaukee. The City of Milwaukee was seeking funding to develop and implement a Gateway Signage System. To this end, they created a Gateway Signage Partnership Program. The program is as follows: · Create a high-profile Gateway Signage System highlighting Milwaukee-based corporations through the innovative use of Public Art. · Offer an aesthetic value to our urban travelers while enhancing the image of Milwaukee through the integration of "themes" into a City signage system. · Generate net revenue to the city through corporate sponsorship of Gateway Signage Program. Harley-Davidson has signed on as Milwaukee's first corporate Gateway Signage Partner. BEAUTIFICATION INITIATIVES · Using Subchapter 7 of the Development Code, establish Corridor Overlay Districts on major thoroughfares that have been designated as community gateways. · Develop and implemem a Corridor Streetscape Master Plan for all major thoroughfares (secondary emries as well as those designated as community gateways.) · Develop and implement a Fry Street Streetscape Plan utilizing some of the recommendations found in the Fry Street Small Area Plan. 13 · Establish a reasonable period of time for customers to relocate their solid waste containers to meet current Denton Development Code criteria and incorporate this time schedule into the next solid waste code update. · Adopt a Tree Preservation Ordinance that includes a full-time position for a forestry program manager. · Institute a Public Art policy that integrates public art into a project at the time of project planning. · Design and implement a citywide 'wayfinding' sign system. · Review the appropriateness of the land use at the Day Labor Site on Fort Worth Drive. PART II: LITTER Background Denton, like many other Texas cities, has a recurring litter problem. Based on its demographics, Denton fits the national profile for a community susceptible to litter. In the mid-1990s, a consulting firm was hired by Keep America Beautiful to assess the nation's litter problem. The survey results revealed that the chronic litterer was an 18-34 year old male who drove a pick-up truck. Most of the time, he was tossing trash out of the windows of his truck, or it was blowing from the bed of his truck. This national litterbug was nicknamed 'Bubba.' However, the most recent national survey revealed that 'Bubba' may have reformed, national statistics reveal that chronic litterers have one or more of the following characteristics in common- · 16 to 24 years of age, · smoke cigarettes, · party approximately two nights a week, · frequent fast food restaurants, bars, and clubs, and · single. Overall, young people (males and females; 16-24) are more likely to litter than other age categories. Reading this national statistical profile, it is easy to see why Demon with its three high schools, two universities, and one college would be predisposed to having a litter problem. In 1998 and 2001, TXDOT contracted with Tuerff-Davis Enviro-Media, Inc. and NuStats International of Austin to conduct a statewide study about the littering behaviors of Texans. The surveys revealed virtually the same information. Following is an excerpt from the Texas Department of Transportation survey entitled 'The Littering Habits of Texans.' General public--Perhaps the most telling result of the studies was that 52% of Texans self-reported either littering or being tolerant of littering behaviors of others. Smokers--Of those Texans who smoke, more than 50% admitted to littering, particularly cigarette butts, but also other items such as beverage bottles and cans. Cigarette butt litterers reported that they did not view cigarette butts as litter. According to TXDOT, cigarette butts are the most common litter item found on Texas highways. Pick-up drivers--Although driving a pick-up truck is no longer considered a major factor nationally in predicting littering behaviors, trash flying out of the beds of pick-up trucks is still a significant source of litter in Texas. According to the state studies, 45% of all litterers in Texas drive a pick-up truck. 14 Fast food frequenters--Texans who typically eat fast food in their vehicles are more than three times as likely to litter than those who eat in the restaurant or at home. Interestingly, one of every five items of litter found on state highways is food-related. Items include fast food trays, fast food wrappers, napkins, food utensils, beverage cups, soda cans, and ice bags. Texans On-the-Go: Nearly 70% of Texans who admit to littering say the behavior occurs while driving. Per the studies, traffic volume is the single most significant factor that influences the amount of litter on roadways. Increased traffic equals increased litter. Establishments such as convenience stores, fast food restaurants, liquor stores, shopping malls, and gas stations represent potential litter sources. As the number of potential litter sources increase on roadways, so does the amount of roadside litter. Per TXDOT, in 2001 Texans paid $36 million to clean up state highway litter, up from $29 million in 1998. This figure does not include the money spent by city and county governments, and non-profit groups to clean up litter locally. Causes Why do People Litter? Research by Keep America Beautiful found that people litter because: · They feel no sense of ownership, even though areas such as parks and beaches are public property. · They believe someone else--a park maintenance or highway worker--will pick up after them. · Litter has already accumulated. Where does Litter come From? Litter just doesn't appear--it's the result of careless attitudes and poor waste handling practices of many individuals, businesses, and institutions. Motorists and pedestrians are often blamed for litter, but Keep America Beautiful has identified the following seven major sources from which litter is generated: · household trash handling and its placement at the curb for collection · dumpsters used by businesses · loading docks · construction and demolition sites · trucks with uncoveredloads · pedestrians · motorists Keep Texas Beautiful has added boaters and illegal dumpsites to the list of litter sources. Litter is blown by wind and traffic or carried by water and animals. It moves until trapped by a curb, building, fence or tall weeds. Litter that has accumulated seems to invite people to add more. Therefore, once litter becomes visible in a community, it seems to worsen. Litter breeds more litter. What does Attitude Have to do With Littering? Many times littering is not an accident but rather a behavior that is the result of norms or attitudes. Norms are behaviors that are accepted and expected, 'the way things are done.' If littering becomes an accepted behavior in Denton, then litter will become an accepted part of Denton's landscape. 'Raise the Bar' Survey Findings In 1999 the City Manager's Office conducted a citizen's survey called 'Raise the Bar.' Respondents to the "Raise the Bar" campaign made 842 comments regarding litter: · 60% referenced litter on street and highway rights-of-way, and · 28% of the comments addressed illegal dumping. Listed below were the top 10 litter locations as pointed out in the survey. The Top 10 Litter Complaint Areas in Denton · University Drive · Fort Worth Drive · 1-35 · UNTarea · Fry Street · Dallas Drive · Loop 288 (Mall area) · Hwy77 . Owsley . McKinney 15 In the spring of 2000, the City Manager's Office created a multi-departmental Litter Task Force to further study DeMon's litter problem and to make recommendations for effective abatement strategies. Abbreviated results of the Litter Abatement Study are as follows: · 134 miles of major roadways through Denton were significantly littered, · 35 miles of local streets were significantly littered, and · 15 drainage ditches were significantly littered. The Litter Task Force also determined that although litter is an ongoing problem, "the deteriorating physical condition and appearance of public infrastructure--paving, curbs, gutter, signage, landscaping, utility equipmem, dumpsters--contribute to the image of a 'dirty' space, even though litter itself may not be excessive. In other words, well-maimained public facilities and spaces create an image of a clean city." Solutions Litter reduction requires drying up the sources of litter. To dry up the sources of litter, we must address the problem through the use of four strategies: · Education · Solid Waste Technology · Enforcement · Ordinances Education - Public attitudes and behaviors about trash handling and perceptions about solid waste management are affected directly by education. Public education includes school programs, community evens, workshops, public relations programs, media campaigns, and specific programs for properly containerizing litter at its sources. Technology - The equipment available to manage waste and the opportunities to recycle have great effect on the amount of litter in a community. Litter receptacles placed at high traffic areas are one example of effective technology. Containerized trash service is another. Others include street sweepers and improved sanitation collection vehicles. The condition and adequacy of this technology also have an impact. Community attitudes about handling waste will be changed more quickly and permanemly if improvements are made in sanitation technology. (Per Keep Texas Beautiful, "In Texas cities conducting the Keep America Beautiful Litter Index Survey, the results from 2002-2003 show that cities using containerized trash service report less litter in surveyed areas than those with only bag service.") Ordinances - In every community, there are laws or ordinances that have an impact on how solid waste and litter are managed. Solid waste, and trash and debris ordinances are predominamly found in Chapter 24 and Chapter 13, respectively, of the Denton Code of Ordinances. Many of these codes are codified in our state statutes as well. Currently, Denton does not have an illegal dumping or litter ordinance. Enforcement Consistent and effective enforcement of solid waste codes as well as state laws that forbid littering will serve to change behavior and reinforce our community's commitment to cleanliness. Environmental courts, which are becoming increasingly popular across the country, are very effective in establishing consistent fines and sentencing of litter offenders and illegal dumpers. Peer pressure enforcemem is also a key elemem in changing public behavior. 16 What Works With regard to enforcement, in May 2002 the Washington State Department of Ecology featured a news report kicking off their new statewide "Litter and it will Hurt" campaign. A part of the press release stated, "Research on people who litter revealed that the best way to get them to stop is to make them aware that they can be caught and punished. Previous anti-litter campaigns that appealed to people's sense of citizenship and environmental stewardship didn't work." "Washington tried the nice-guy approach, but the type of people who chronically litter are not persuaded by messages about health and safety and quality of life," said Cullen Stephenson, who manages Ecology's solid waste program. "It's time to tell people who litter that we're coming after their pocketbooks." Unfortunately, a survey of citizens conducted by the Texas Department of Transportation (Litter Study 2001) echoes this same semimem. A portion of the 82-page TXDOT report states, "As in 1998, the data again suggest that Texans believe using an altruistic approach, or a sense of social responsibility - telling people that not littering is the right thing to do - would be the least effective way to reduce litter. Conversely, using a tactic that contains elements of penalty and consequence - reminding people that the fine for littering is up to $500 - would be the most effective." LITTER REDUCTION INITIATIVES · Review the assessment and recommendations made in the 2001 Litter Abatement Study prepared by the City Manager's Litter Task Force, and develop a plan to implement those recommendations found to still be relevant. · Adopt ordinances that prohibit illegal dumping and littering. · Adopt an ordinance that prohibits placing residential trash at the curb 24-7. Consider having city facilities participate in Keep Denton Beautiful's 'Clean Business' training. PART iii: CODE OF ORDINANCES In order to attain the desired appearance of private property, municipal governments must enact regulations toward that goal. The regulation of property appearance can be divided imo three distinct functions. · Legislation - Governing bodies of municipalities must make policy decisions, through the passage of ordinances and codes, regarding the desired appearance of properties within the community. · Enforcement - The enforcement of such legislation must be assigned to specific work groups and the enforcement process must be both efficient and effective. · Adjudication - The legislation must be supported through equitable and consistem adjudication of enforcemem action taken, whether through the filing of cases in Municipal Court or the assessment of administrative fees and property liens. LEGISLATION The Denton Development Code regulates land use, site and structure design, and construction features, such as electrical wiring and fire suppression equipmem, that provide for the safety and security of inhabitants of those structures. Additionally, the City of DeNon has ordinances that regulate the maintenance of property. These include the regulation of grass and weeds, trash and debris, junked vehicles, signs, and landscaping. See attachment I. 17 Ordinances A city must first ensure that legislation exists that provides comprehensive regulation of property appearance. Without legal authorization to compel individual property owners to maintain their property toward the desired appearance, the community will not present the desired image of the community. Such policy decisions require a successful balance between consideration for the rights of property owners and the greater welfare of the community as a result of any impact the appearance or condition of a specific property or neighborhood may have on the safety of area residems, the value of adjacem property, and potemial economic developmem. Denton has no ordinance prohibiting storage of furniture outdoors Ordinances in Other Cities The City of DeNon has idemified several examples of such gaps in legislation that may result in an undesirable property appearance. Many area municipalities regulate the parking of vehicles on private property by requiring vehicles to be parked on an improved surface, including concrete, asphalt or gravel. Denton has no ordinance regulating the parking of vehicles on lawns. Such parking contributes to an overall unkempt and undesirable appearance. See attachment .I. Another gap in legislation is the abatement of graffiti. Graffiti definitively comributes to physical decay of an area and, if left unabated, results in additional graffiti and physical decay of an area. Studies have shown that if graffiti is abated within three days on three consecutive occasions, it is unlikely to reappear. However, many property owners believe that the graffiti will only reappear if they clean it resulting in the expenditure of additional resources to abate it again. Therefore, many property owners will not abate graffiti on their property, or will allow it to remain for such a period of time that it results in additional graffiti on their property or adjacent properties. Some area cities, including Coppell, Euless, Fort Worth, Garland, Grand Prairie, Haltom City, Hurst, Irving, Lancaster, McKinney, Plano, and Watauga have ordinances that require private property owners to abate graffiti. The ordinances require owner abatement within a specified time, ranging from 72 hours to 30 days. Additionally, many of the cities offer financial assistance to property owners who are financially unable to perform the abatement. In addition to abating the graffiti, several cities (Fort Worth, Garland, Haltom City, Plano, Wichita Falls, and Killeen) maimain ordinances that prohibit the possession of graffiti implement tools, defined as spray paint, etching devices or markers with a tip exceeding 3/8 of an inch, on any property owned by the city or a school or on the property of a closed business. While state law prohibits the sale of spray paint to minors, there is no law that prohibits minors from possessing spray paint--a common graffiti tool. The enactmem of such an ordinance would provide police with an additional tool with which to combat graffiti. Parking on unimproved surfaces and graffiti are two examples of issues that present a direct, adverse impact on the appearance of Denton that are curremly unregulated by ordinance or code. 18 ENFORCEMENT Enforcement Designation Codes and ordinances regulating property appearance and maintenance exist. The challenge is to ensure effective and efficient enforcement of those regulations. The process of enforcement begins with the clear designation of the city department responsible for the enforcement of specific ordinances or codes. One existing gap that has been identified is the enforcement of ordinances related to solid waste, especially bulky items placed around dumpsters. Several enforcement strategies have been implemented, but none have been found to be efficient in the abatement of such violations or effective in achieving positive long-term results. Nuisance Abatement Process The enforcement process itself is as important as the assignment of the enforcement responsibility. Enforcement of any law must be swift and sure in order to achieve maximum results. However, when addressing the appearance of private property, there is generally a desire to balance the need to abate the violation efficiently with the need to provide the property owner sufficient notice and time to do so. For example, the current ordinance defines high grass and weeds as at least 12 inches high. The Code Enforcement procedure for abating this violation is as follows: · Written notice of a violation in the form of a "door hanger" at the location with re- inspection in seven days. · If, upon re-inspection, the violation still exists, notification by certified letter to the property owner, with re-inspection in fourteen days. · If, upon re-inspection, the violation still exists, it is abated by the City and administrative and mowing fees are assessed to the property owner. · If the property owner does not pay the fees, the fees are attached in the form of a lien against the property. · A subsequent violation during the same mowing season requires written notification by certified mail to the property owner with re-inspection in fourteen days. As illustrated, grass and weeds on private property must be at least one foot high before any enforcement action can be taken and then may grow for an additional 21 days before action will be taken to have the property mowed. The process requires significant staff time to perform the required inspections and notifications, with additional costs for certified mail, and the processing of work orders for the mowing contractor. The current administrative fee is $80.00. This fee and the mowing fees are oftentimes not recovered until the lien is paid at the time the property is sold. The abatement process is similar for trash and debris and junked vehicle violations. Nuisance violations 19 Other Cities Other cities maintain a much shorter process, most commonly seven to ten days from the time of notification to the time the City abates a violation. Most cities provide only one notice per calendar year and subsequent violations during that year are abated with no additional notice. The administrative fees range from $105.00 to $200.00 per violation abated. CASE STUDY Cost Recovery In order to ensure that costs are recovered, Washington D.C. passed the Litter Control Administration Amendment Act in 2000. This act authorizes the District to levy and collect special assessments for the costs and expenses incurred due to the abatement of nuisances. For example, when a property owner allows litter to accumulate on his land, and the District cleans it, the property owner will be billed for the service. The 'special assessment' is collected at the same time and in the same manner as ordinary real property taxes--that is, annually. The Landscape Ordinance The Denton Development Code contains landscape guidelines specified for new development. However, the recent development of the Flow Hospital site raised questions about the effectiveness of the enforcement of the Landscape Ordinance, particularly with regard to mass grading and tree removal activities. Per Subchapter 18 - Land Disturbing Activities, the Code reads: 35.18.6 Plan Evaluation Criteria · Appropriate footprint sizes and development are designed with the natural terrain and drainage of the site .... · Mass cutting, filling, benching, or terracing of existing slopes to create additional or larger building sites are prohibited. Alternative treatments, such as building the structure with the slopes of the natural terrain, internal or external building retaining walls are used, and low retaining walls on the site to reduce site grading are used instead of mass site grading. · Demonstrates reasonable preservation of trees and understory and that the following criteria is demonstrated in selection of trees to be preserved or removed .... Per Subchapter 13 - Site Design Standards: The purpose and intent of site design standards is "to regulate the manner in which land in the City is used and developed, to minimize adverse effects on surrounding property owners or the general public, and to ensure that high quality development is maintained through out the community." As part of Denton's site design standards, landscape and tree canopy requirements were adopted. The current requirements are based on the city's zoning districts. The percentage of landscape area ranges from 10% to 75% with the tree canopy requirements ranging from 20% to 50%. Street trees are required for all development on public and private streets. Landscape maintenance is required for all development, excluding single family and duplex properties. The person or company that receives the final certificate of occupancy is responsible for maintaining all of the plant material in a healthy, growing condition at all times. If any plant material dies, it must be removed immediately and replaced as soon as possible or a notice of landscape violation will be issued. The person or 2O company holding the certificate of occupancy is subject to fines if compliance is not met within 90 days after notification by the City of DeNon. With current staffing levels in Planning/Developmem and in Code Enforcemem, oversight on landscaping after the initial inspection cannot be done. Resources In order to more effectively ensure the desired appearance of a community, enforcemem action must be proactive rather than exclusively reactive. If the initiation of enforcement action is based solely on the receipt of complains from citizens, compliance standards will be inconsistemly enforced and inconsistently realized throughout the community. In order to perform proactive inspections and follow-up, sufficient resources must be allocated to those departments responsible for the enforcement of those ordinances. ADJUDICATION City and Judicial Support The effectiveness of enforcement is ultimately determined by the adjudication of that enforcement action. As such, it is imperative that enforcemem be given sufficiem support by both the governing body and the judiciary of the court in which such cases are filed. If such support is not received, then the credibility of the ordinance being enforced is weakened and future compliance is compromised. Environmental Courts Some cities have created special courts to hear cases that involve violations of ordinances related to appearance. These courts are considered civil in nature, rather than criminal, and provide the opportunity for expanded knowledge of the ordinances. Further, courts with such narrow focus, created for the express purpose of adjudicating such cases, would be expected to provide greater support for such ordinances. ENFORCEMENT INITIATIVES · Support stronger enforcemem of city ordinances (including the Developmem Code) by reviewing the currem framework and operating system, and developing strategies for improved effectiveness and efficiency. · Support effective implementation of the existing Landscape Ordinance by appropriately staffing for landscape inspections. · Consider adoption of codes related to litter, illegal dumping, parking on unimproved surfaces, storage of indoor furniture on porches, and graffiti. · Ensure that city facilities are compliant with local ordinances that govern appearance. CONCLUSION Economically prosperous cities share certain characteristics; among them is that undeniable aesthetic appeal that gives them a clear advantage in attracting tourists, residents and businesses. Recognizing aesthetics as an integral part of developing and maimaining a favorable public image will play a critical role in DeMon's community and economic developmem. Therefore, a purposeful and unwavering commitmem to community aesthetics through implementation of The Denton Plan, enforcement of the Code of Ordinances, corridor designation and preservation, master planned beautification, and litter reduction should yield the results Denton residems and businesses want--a beautiful place to live, learn, work, and play. 21 Attachment A Simulated Streetscape Improvements Attachment B City of Batavia NY Route 5 - Main Street Reconstruction Existing Photographs and Simulations Existing Proposed Conditions Site Locations Simulations Lewiston Road (NY Route 63) Tonawanda Creek Government Square at Ellicott Street Government Square at Jefferson Avenue NY Route 5 Westbound at Jackson Street NY Route 5 Eastbound at Bank/Center Street Liberty Street Intersection Attachment C Photo Survey of Dallas Drive Attachment C Photo Survey of Dallas Drive Attachment D Photo Survey of Ft. Worth Drive & Carroll Blvd. Attachment D Photo Survey of Ft. Worth Drive & Carroll Blvd. Attachment ECollege Station's Northgate Student Community Attachment E College Station's Northgate Student Community Northgate, located on University Drive adjacent to the Texas A&M campus, originated in the early 1900's to provide commercial services at the northern gate of the university. A butcher shop, shoe repair, tailor, barber, and photo gallery were some of the first services to be offered. Until the 1920's, Northgate was the only commercial area within the vicinity of campus. SPARK'S BUILDING LOUPOT~S BOOKSTORE The 1930's through 1950's brought many new businesses and homes into the rapidly expanding area. The added number of homes provided an increased customer base, which helped Northgate businesses thrive. Growth continued into the 1950's and 1960's and brought a large number of restaurants and specialty shops into the area. TRADITION DORMITORY SATCHELS RESTAURANT Northgate has seen continued expansion of both commercial and residential areas through the redevelopment and new development of the area. The Northgate Merchant's Association, founded in 1975, works to address problems in traffic, appearance, and publicity within the area. The group also organizes street public events, concerts, and festivals, such as North by Northgate, that are highly popular. Today, the once small commercial area is now home to many unique and successful restaurants, bars, specialty shops, and homes. NORTHGATE PUBLIC GARAGE Public Investment & Commitment Public Parking Garage And Patricia Street Parking Lot Church St. Improvements Second Street Plaza & Promenade Utility Master Plan Opened in August 2001, this $6.8 million facility can accommodate approximately 700 vehicles for area residents and businesses and has a historic urban design. The rehabilitation of Church Street is now complete. The project includes curb and gutter, storm drainage, sidewalks with brick-pavers and historic street lighting. The bid for construction of the Second Street Plaza has just been awarded. The Plaza will be developed in the Second Street right-of-way between the Tradition Dorm and the Northgate Parking Garage. Its design includes increased public space, brick-pavers, and a place designated for displaying public art. The Promenade also adds to the area's public meeting and event space. The Utility Master Plan for water, wastewater, roadways, and other improvements will facilitate the infrastructure and development of the area. Private Developments Private Dormitory · Satchels · Texadelphia Northgate Center Spirit Development's construction of a private dormitory on Second Street and Boyett allows students close access to the Texas A&M campus. This dormitory, named The Tra#/f/o,, can accommodate approximately 800 students and has retail space on the ground floor. This new steak house and barbecue restaurant adds to the area's diverse entertainment and eating establishments. The restaurant has taken advantage of the City's Fagade Improvement Program. A sandwich restaurant has been established on the corner of College Main and the entrance to the Patricia Street parking lot. Sample of Area Businesses Burger Boy · Caf~ Eccell · Coup DeVille's · Crooked Path · Cycles Etc. · Dixie Chicken · Duddley's Draw · Fitzwilly's · Freebird's Burritos · La Bodega · Loupot's Bookstore · Northgate Barber Shop · Papa Johns · Shadow Canyon · Smoothie King · Subway · University Book Store · University Copy Center Attachment F Use of TEA Funds Attachment F Use of TEA Funds Attaclunent G ELrL BP. oc : MAYOR October 15, 2003 Texas Department of Transportation Patrick Haigh Dallas District Landscape Architect PO Box 3067 Dallas, TX 75221-3067 Dear Mr. Haigh, This letter is a formal request from the City of Denton, to take part in the Texas Department of Transportation's Green Ribbon Program. As an air quality mitigation initiative designed to help address deteriorating air quality conditions in Texas cities, this program would greatly benefit Denton, Staff members from: our Parks and Recreation Department, Engineering Department and Keep, Denton Beautiful have met to discuss the fu[ure of implementing this program in our community. We are requesting that US Hwy 77, US 380 East and 'West, Loop 288, and Teasley Lane/FM 2181 be considered for program funding. All of these roadways are currently under construction or are slated for construction within the next five years. At this time, we are requesting that the landscape design phase begin on US Hwy 77 since it is currently under construction and is scheduled for completion by September 2004. Thank you for this opportunity to partner with TXDOT to: reduce the negative enviro, nmental impact of our expanding roadways as well as to enhance the aesthetic appeal of our community. Sincerely, Euline Brock Mayor CITY OF DENTON OFFICE OF THE MAYOR 215 EAST McKINNEY STREET ' DEr'TON, TEXAS 76201 ' (940) 349-7717 · FAX (940) 349-8596 · mayor~cityofdenton,com Attachment H FOR IMMEDIATE ~LEASE May 28, 2003 Contact: Lanchie Bentley, Pro.am Manager, 940-349-7770 1117 Rinev Road · Denton, TX 76207 · 940-349-8537 · fax 940-349-8396 Keep Denton Beautiful, !nc. is an affiliate, of Keep Texas Beautiful and Keep AmeriCa ~aut~ful, ln.c. Keep Denton Beautiful wins s,tatewide award Keep Denton Beanfifal is the recipient of the 2003 Governor's Community Achievement Award from Keep Texas Beautiful for its outstanding grassroots environmental efforts~ The award, in the population category 50,001 - t 00,000, includes a $130,000 landscaping grant provided by the Texas Department of Transportation for state-maintained highways in the community, "This award is a direct result of a successful combination of outstanding volunteers,, outstanding staff and a fantastic partnership with the City of Deilton Parks and Recreation Department," said Jean Greenlaw, president of Keep Denton Beautiful. "Keep Denton Beautiful focuses on numerous projects ~oughout the year. Volunteers come in not just because they believe in the mission but also because they have specific envkonmental interests, such as wildflowers, the urban forest, or litter preventions" Keep Denton Beautiful also won the Governor's Community Achievement Award in 1990, 1993 and 1997. Grant money from those awards financed the median landscaping projects on University Drive, Dallas Drive, and Fort Worth Dhve. Ranging in population from 980 in Clint to almost two million in Houston, the nine winning communities were chosen for the/r achievements in community leadership, litter prevention, public awareness, education~ solid waste management, recycling, illegal dumping enforcement, and beautification. Winners also demonstrated strong corrLmuni~ parmersliips and volunteer efforts in their pro,grams throughout the last year. "These nine wimng communities reflect the true Texas Spirit,' said Donna Albus, president of Keep Texas Beautiful "They are an inspiration to us all. We are so appreciative of the pride in their community that they exemplify through thek efforts in a multitude of events." The Governor's Community Achievement Awards will be formally presented to the winners during the 36~ Annual Keep Texas Beautiful Conference in Dallas July 8-11 at the Renaissance Dallas Hotel, The Governor's Community Achievement Awards have been sponsored by Keep Texas Beautiful since 1969 and funded by the Texas Depmnt of Transportation s~ce 1986, Attactunent I Maintenance & Enforcement Introduction '¢7~- he image of a community--its viability as a place to live, work and prosper is to a great extent determined by the condition and appearance of both public and private properties and structures. The degree of care applied to public and private buildings, roads, sidewalks, parks, utilities, trees, landscaping, signage and other urban features reflect directly the vision and values Denton's residents hold for their city Policies L..~ All paved sudaces, including streets, alleys, parking spaces, ramps, and side- walks within the public right-of-way will be developed and maintained in accor- dance with adopted standards. iil,;i All signage, lighting, site furniture and transit-related improvements within the public right-of-way will be developed and maintained in accordance with adopted standards. ii_~ The city will adopt maintenance standards for public and private facilities that enhance and support Denton's image and appearance. .3 Provide a level of enforcement that ensures the standards are applied uni- formly to all areas and structures in the city and that ensures the standards are not used as an, instrument for harassment of any person. Maintenance & Enforcement Goals & Strategies /~aintenance g Enforcement Goa/s ..;f Maximize the service life and performance of paved surfaces by maintaining them in accordance with adopted standards and practices. Maximize the life an,d protect the investment value of trees and other landscape placed in the public right-of-way 73 Promote community pride and economic values while curtailing the expan- sion of urban blight. Establish measurable goals based on identified community needs. Pursue violations actively rather than reactively Remember that compli- ance is the primary objective while penalties and/or punishment are secondary ,...,~ Routinely assess results for effectiveness by determining whether regula- tions are understandable and readily enforceable. Educate the community of ordi- nances to prevent future violations. Attachment J AGENDA INFORMATION SHEET AGENDA DATE: April 10, 2001 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Receive a staff report, hold a discussion and provide staff direction regarding the regulation of vehicles parked on residemial lawns. BACKGROUND: The City has no ordinance specifically prohibiting the parking of vehicles on residemial lawns. In 1985, staff researched this issue and presemed the attached ordinance to Council for consideration. The proposed ordinance prohibited the parking or storage of any motor vehicle, boat, travel trailer or trailer on an unimproved area of the from yard of any one-family, two-family or multi-family dwelling. It did include a "grandfather clause" that provided a defense to prosecution if the dwelling was constructed prior to the adoption of the ordinance and there was no asphalt or concrete space on the lot. On September 17, 1985, the Council declined to adopt the ordinance and directed staff to perform a more in-depth study of the issue. While researching the issue in 1985, staff contacted numerous cities throughout the State, including Addison, Arlington, Bedford, Carrollton, Dallas, Garland, Lewisville, Mesquite, Plano and Richardson. With the exception of Dallas and Bedford, all of the named cities maimained ordinances prohibiting the parking of vehicles on residemial from yards. The ordinances required, without exception, all vehicles to be parked on an asphalt, concrete or similar surface. In the preparation of this report, staff contacted the named cities again and found no change in the ordinances. Those cities with such an ordinance reported no complaints about the restriction and had experienced no difficulties in gaining compliance once the owner of the vehicle was notified of a violation. Those cities also report an observable improvement in the appearance of neighborhoods. Staff searched both the currem Code of Ordinances and the pending Denton Development Code for definitions of the types of vehicles referred to in this report. Definitions are not included in both Codes for all vehicles. Staff is working with the Planning Department to develop definitions that can be consistently used in future ordinances. The following definitions are provided as a reference as this issue is discussed. Under the currem Demon Code, a motor vehicle is "every vehicle which is se~'propelled and every vehicle which is propelled by electric power obtained~/kom overhead trolley wire, but not operated on rails." The current Denton Code defines a recreational vehicle as a "vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling, sel~:propelled or to be towed behind a motor vehicle, without special permit being needed, of a gross weight of not more than four thousand five hundred (4500) pounds and having an overall length of not more than 28feet. The Denton Development Code defines a recreational vehicle as "a motorized vehicle, designed and/or maintained]bt use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks." Trailer is defined in the Denton Development Code as "a non-motorized vehicle, pulled by an automobile or truck, designed and/or maintainedJbr use as a temporary dwelling or sleeping place for travel or recreational purposes exclusively. This issue consists of three distinct situations. There are residences, which, due to the number of licensed drivers residing in the house, have more vehicles than the paved driveway will accommodate and are located on streets that preclude street parking, such as Carroll Boulevard. Secondly, there are residents who own motor homes, travel trailers, boats or utility trailers and use the front yard of their residence as storage for such vehicles. The third situation involves the storage of junked vehicles in the front yard or other areas of the property. A junked vehicle is defined in Section 20-41 of the Code of Ordinances as a motor vehicle that is inoperative and (1) does not display a valid and current vehicle registration or motor vehicle safety inspection certificate; or (2) is wrecked, dismantled, partially dismantled or discarded; or (3) remains inoperable for a continuous period of more than forty-five (45) days. Section 20-48 of the Code of Ordinances provides guidelines for the removal of junked vehicles from private or public property. However, it provides an exception for an operable or inoperable antique or special interest vehicle stored by a collector on the collector's property if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. Section 20-41 defines an antique auto as a passenger car or truck that was manufactured in or before 1925 or is at least thirty-five (35) years old. A special interest vehicle is defined as a motor vehicle of any age that has not been altered or modified from the original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. Allowing trees or shrubbery to provide screening is an inherent flaw as those plants may provide sufficient screening in the spring and summer, but may fail to provide such screening in the fall and winter when they shed their leaves. Additionally, under prior administrations, the placement of a tarp over a junked vehicle has been interpreted as sufficient screening. The current enforcement policy requires a junked vehicle to be concealed by a cover specifically manufactured for use as a car cover. Those individuals who have been allowed to cover the vehicle with tarps are instructed to replace the tarp with a legitimate car cover when the tarp wears out to the point of being an ineffective screening device. An individual maimaining a junked vehicle in violation of City ordinance is served with written notification of the violation. The property is inspected in seven days and, if the violation has not been corrected, a certified letter is sent to the owner of the property and another inspection is performed fourteen days after the letter is mailed. If the violation still exists, staff attempts to contact the owner. If the violation still exists, a case is filed in Municipal Court and the vehicle may be towed. This process was implememed and approved by the City Council approximately two years ago in response to a significam number of complaints received from citizens who felt they were not provided sufficient notice and opportunity to abate violations prior to enforcement action being taken. OPTIONS 1. The Council can direct staff to prepare an ordinance that would prohibit the parking of any vehicle on an unimproved area of the from yard of a residence. 2. The Council can direct staff to prepare an ordinance that would restrict the parking of specific vehicles on an unimproved area of the from yard of a residence. 3. The Council can direct staff to conduct further research and consider this issue at a later meeting. 4. The Council can direct staff to take no further action regarding this issue. RECOMMENDATION: Staff has no recommendation. Staff will proceed following specific direction from Council. PRIOR ACTION/REVIEW: As stated, Council considered and declined to adopt such an ordinance in 1985. FISCAL IMPACT: None. Respectfully submitted, Prepared by: Scott Langford Support Operations Lieutenant Gary L. Matheson Chief of Police