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HomeMy WebLinkAboutOctober 18, 2005 Agenda AGENDA CITY OF DENTON CITY COUNCIL October 18, 2005 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, October 18, 2005 at 4:00 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: 1. Receive a report from staff, hold a discussion and provide direction concerning a request from the City of Corinth for release of a portion of Denton's ETJ. 2. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of October 18, 2005. 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 GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code §551.071 and Deliberations Regarding Real Property - Under Texas Government Code §551.072. 1. Receive legal advice from the City Attorney regarding the status and possible settlement of condemnation proceedings styled City of Denton v. Dana J. Beavers, aka Dana J. Smith, et al., Cause No. ED-2004-485, pending in the Probate Court of Denton County, Texas, being an acquisition of a public utility easement out of a tract of land south of McKinney Street on Loop 288. B. Personnel Matters - Under Texas Government Code §551.074. 1. Deliberate the evaluation, and duties, including contractual terms and duties, for the City Manager, City Attorney, and Municipal Court Judge. C. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Receive a report from the City's attorneys, hold a discussion and give staff direction regarding legal issues associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002. 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 City of Denton City Council Agenda October 18, 2005 Page 2 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 Denton City Council on Tuesday, October 18, 2005 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 A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLANIATIONSTRESENTATIONS A. Proclamations/Awards B. October Yard-of-the-Month Awards C. Recognition of staff accomplishments 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - H). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - H 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. A. Consider adoption of an ordinance approving an Extension, Revivor and Ratification Agreement between the City of Denton and Joint Resources Company and HEP Oil Company, Ltd. relating to a gas well lease dated November 4, 2003 for North Lakes Park; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). B. Consider adoption of an ordinance of the City of Denton approving change order three for a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002; extending said agreement, and authorizing and ratifying the expenditure of funds for work to City of Denton City Council Agenda October 18, 2005 Page 3 be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. C. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer; and providing an effective date. D. Consider adoption of an ordinance of the City of Denton, Texas authorizing settlement of an eminent domain action styled City of Denton, Texas v. Dana J. Beavers, aka Dana J Smith, et al., Cause No. ED-2004-485, filed in the Probate Court of Denton County; authorizing the City Manager and the City's attorneys to act on the City's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. E. Consider adoption of an ordinance approving a Professional Services Agreement between the City of Denton and Roland Jones for Juvenile Case Management Services in the Denton Municipal Court; authorizing the expenditure of funds; and declaring an effective date. F. Consider adoption of an ordinance of the City of Denton, Texas amending the Denton Comprehensive Plan to include the Open Space Concept Plan; and providing for an effective date. G. Consider approval of a resolution establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Environment Committee; appointing the initial members of the Committee; providing for retroactive approval thereof, and providing for an effective date. H. Consider approval of a resolution establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Mobility Committee; appointing the initial members of the Committee; and providing for an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance approving an Alternative Development Plan for an Environmentally Sensitive Area. The subject property is generally located on the east side of Bonnie Brae, 1,300 feet west of US 377, and 2,800 feet south of Roselawn Drive. The Planning and Zoning Commission recommends denial (7-0). (ADP05-0004, Glenwood Meadows NOTE: A SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. City of Denton City Council Agenda October 18, 2005 Page 4 B. Hold a public hearing and consider adoption of an ordinance approving an amendment to the Detailed Plan for Planned Development 173 (PD-173) zoning district for approximately 7.54 acres to build Section 2 Detention Pond. The subject property is generally located on the north side of Robson Ranch Road, approximately 5,500 feet west of I-35 W. The Planning and Zoning Commission recommends approval (7-0). (Z05-0021, Robson Ranch Sec 2 (Detention Pond)) C. Hold a public hearing and consider adoption of an ordinance approving the expansion of a Special Exception onto an adjoining lot being 2.18 acres zoned Downtown Commercial-General (DC-G). The property is located adjacent to 524 Fort Worth Drive, generally located 370' west of Ft. Worth Drive and 300' north of Lindsey Street. The Planning and Zoning Commission recommends approval (7-0). (Z05-0010, Payne Addition) NOTE: A SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. D. Hold a public hearing and consider adoption of an ordinance approving the rezoning of approximately 0.24 acres from Neighborhood Residential-3 (NR-3) zoning district to Neighborhood Residential-6 (NR-6) zoning district with an overlay. The property is located approximately 150 feet north of Grace Temple Avenue, to the east of Fulton Street. The Planning and Zoning Commission recommends approval (6-1). (Z05-0014, 414 Fulton) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution of the City of Denton, Texas authorizing the suspension of the effective date for the Gas Reliability Infrastructure Program ("GRIP") adjustments for calendar year 2004 proposed by Atmos Energy Corporation's Mid-Tex Division; authorizing participation in a coalition of cities known as Atmos Texas Municipalities ("ATM"); authorizing the hiring of lawyers and rate experts; authorizing the City's participation to the full extent permitted by law at the Railroad Commission of Texas with regard to the Gas Reliability Infrastructure Program adjustments for calendar year 2004 proposed by Atmos Pipeline; requiring the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. B. Consider approving an exaction variance of Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets and Section 35.20.3.13 of the Denton Development Code concerning sidewalks. The 7.25 acres of land is located approximately 750 feet east of Carmel Street and at the end of Chiquita Street. A motion of the Planning and Zoning Commission to recommend approval was defeated upon a tie vote (2-2). (V05-0018, 920 Chiquita Street) C. Consider adoption of an ordinance of the City of Denton, Texas, denying the petition of INC Partners Denton, LLC dated October 4, 2005 for inclusion in a three year annexation plan related to Annexation Case No. A05-0002; and providing an effective date. City of Denton City Council Agenda October 18, 2005 Page 5 D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. B. Dr. John Paul Eddy regarding a no smoking ordinance for restaurants and bars in Denton. E. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. 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 Denton, Texas, on the day of 2005 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: October 18, 2005 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Receive a report from staff, hold a discussion and provide direction concerning a request from the City of Corinth for release of a portion of Denton's ETJ. BACKGROUND A developer of a new residential subdivision overlooking Lake Lewisville located south of FM 2181 in Corinth has begun the platting process. This developer has requested a portion of the tract be annexed into Corinth to insure utility services and emergencies services are provided from the City of Corinth for the entire development. The proposed development is known as Bluffs at Pennell Pointe. The tract has approximately 32.673 acres located mostly inside Corinth's City Limits with the exception of two small tracts that total approximately 6.323 acres within Denton's ETJ. The entire 32.673-acre tract is outside the City of Denton's Water and Wastewater Certificate of Convenience and Necessity (CCN). The City of Corinth has requested that the City of Denton release the small tracts of land that total 6.323 acres within the proposed development to allow Corinth to annex these two small tracts and provide water and wastewater services for the entire development. This proposal was forwarded to the Denton City Council for consideration at the July 19th, 2005 meeting (Agenda Item - Attachment 1). The City of Denton Utilities Department has a 30 foot wide waterline and electric power line easement that was acquired in the 1950's that runs between the City of Denton raw water pump station on Lake Lewisville to the water treatment plant located in Denton off of Spencer Road (Attachment 2). This utility easement has an existing 27 inch raw water supply pipeline located within it as well as a Denton Municipal Electric power line that supplies electric power for the lake pump station. When the lines were first installed in the late 1950's, this was a largely undeveloped area and the easements were mostly located in pastures. As development occurred over the years, there have been several developments that have platted and encroached within this important utility easement. Within the last ten years, several residential subdivisions have been platted within the City of Corinth that have resulted in significant encroachments by new residences including fences, sheds, swing sets and above ground swimming pools. Staff is proposing that the City of Denton cooperate with the City of Corinth by releasing the requested ETJ parcels in exchange for the City of Corinth's cooperation in minimizing future encroachments from occurring within the City of Denton's 30 foot wide waterline and electric power line easement. In general, what we would request is Corinth needs to agree to contact the City of Denton' water department when any development project impacting the city's raw water I transmission pipelines comes through their process (plats, building permits, fence permits, ect.). Corinth would agree to exercise their platting authority and building permit authority to assist the City of Denton to minimize development encroachment and adverse impact on the City of Denton's 30 foot pipeline easement. This would include prohibition of rear lot fences within residential subdivisions and the placement of any other utilities and drainage within this easement. The past problem has been the developer's engineer proposes these encroachments within Denton's easements and the City of Corinth approves them. This helps the developer maximize their profit but leaves a problem for both the City of Denton and the residences or business in Corinth to deal with after the fact. PRIOR ACTION/REVIEW July 19, 2005 City Council Work Session OPTIONS Staff is seeking direction from the City Council on the proposal from the Water Utilities Department. RECOMMENDATION. Staff recommends release of the ETJ requested by the City of Corinth in exchange for assistance and cooperation in preventing future encroachments from occurring within the City of Denton 30 foot raw water transmission pipeline and power line easement. ESTIMATED PROJECT SCHEDULE NA ATTACHMENTS 1. July 19, 2005 City Council Agenda Item 2. Raw Water Pipe Line Location Map. Pre ared by: ! "M Tim Fisher, P.E. Assistant Director of Water Utilities Respectfully submitted: Jim Coulter Director of Water/Wastewater Utilities 2 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT SI05-0016 (Corinth ETJRelease Request) Receive a report, hold a discussion, and give staff direction regarding the potential release of approximately 6.32 acres of the City of Denton's extra-territorial jurisdiction (ETJ) to the City of Corinth. BACKGROUND The City of Corinth has passed two resolutions requesting the release of approximately 6.32 acres of land located within Denton's Extraterritorial Jurisdiction (ETJ) and entering in to an unconditional joint resolution regarding the acreage. The ETJ release request is submitted at the request of the property owner so that development planned for the area will receive city services, including utilities and emergency services. The release area is more specifically located south of Corinth's corporate city limits and north of Lake Lewisville and includes approximately 6.32 acres. City ofDenton ETJ Policies (The Denton Plan) The Denton Plan specifically addresses the issues of Extra Territorial Jurisdiction and Annexation in "The Edge" Chapter of the Land Use Element of the plan. The plan calls for the city to examine the long-term goals of annexation of land to accommodate growth in population, but to temper the amount of land annexed by the ability of the city to provide adequate infrastructure within a reasonable timeframe. To date, the City has not developed a specific annexation strategy to be used as a master annexation plan. The ETJ area that extends east from Hickory Hill Road, toward Lewisville Lake between Highland Village and Corinth, will not be relinquished by the city unless all water quality concerns are addressed with respect to Denton's raw water supply, stormwater quality, and other environmental objectives. This area is not likely to be annexed due to the extent of floodplain land under the jurisdiction of the U.S. Army Corps of Engineers. Denton Plan, page 30. ETJPolicy (City Code of Ordinances) The City adopted an inter-local cooperation agreement (proposed between the City and Denton County) for regulatory jurisdiction within the ETJ. Per the agreement, the City has jurisdiction to regulate subdivision plats and approve related permits in the City's Division I 1 ATTACHMENT 1 ETJ, and the County has jurisdiction to regulate subdivision plats and approve related permits in the City's Division II ETJ. The current conditions are as follows: • By Texas Local Government Code, the City of Denton may maintain a 31/2-mile ETJ extending beyond the city limits. • Only the subdivision regulations are enforced in the ETJ. • The subject property is located within Division I of Denton's ETJ. Therefore, the City of Denton regulates subdivision and platting. • Once Denton self-certifies a population of 100,000, the City may extend its ETJ 5 miles beyond the current city limits. Denton may reach this milestone by summer 2006. • The Denton Plan identifies these areas as Rural Area Land Use. Rural area land uses are properties that the City of Denton may not be able to service with urban-style infrastructure within the 2020 planning horizon set forth in the plan. • Solid Waste disposal services are contracted. Issues include the following: • The current annexation resolution states that no areas of the City of Denton ETJ are considered for annexation, which would include more than 100 separate tracts of land on which one or more residential dwellings are located on each tract. The areas under consideration contain no dwelling units. • Additionally, state law provides that any annexation must be contiguous to the current city limits and must be greater than 1,000 feet wide. The subject area is approximately 1.24 miles from the nearest Denton city limit line. The southern boundary of the area under study is approximately 65 feet from the northern boundary of Lake Lewisville. If the City were to annex the property, the City would need to annex 5 parcels, consisting of approximately 680.74 acres of land. • The Denton Plan states that ETJ areas that are isolated or pose accessibility problems should be carefully evaluated to determine if service provision is able to occur on a cost- effective basis. Further, "the city will work with adjacent municipalities to determine shared boundaries, and will execute inter-local agreements based upon mutual agreement that will benefit affected property owners. The municipalities along the western edge of the ETJ-Northlake, Ponder, and Sanger - will be approached to determine if jurisdictional boundaries can be determined through the negotiation of inter-local agreements." • The ETJ area proposed for release is outside the City of Denton's water and wastewater service area. • Providing services and infrastructure to this area, even within a 20 to 30 year time frame would in all probability exceed the revenues generated from the property taxes gained by annexation. OPTIONS 1. Release the ETJ as requested. Based on an assessment of all City Departments that would be impacted by the release, the request will not have any great effect on to the City of Denton long-range planning for growth: 2 • The extent of the floodplain land and the amount of land required to incorporate this site into the City of Denton (how many acres?), this includes the subject tract and at least 5 parcels not directly involved in the proposed development are limiting factors to annexation. Tract One (3.065 acres) has approximately 0.75 acres located in the 100-year floodplain and 1.17 acres located in the 500-year floodplain. Tract Two (3.258 acres) has approx. 2.12 acres in the 100-year floodplain and 0.39 acres in the 500-year floodplain. • The proximity of the areas to the City of Corinth make servicing more economically feasible for Corinth. • The closest City of Denton Facility is the Hickory Creek Lift Station (Located south of Teasley and West of Old Alton Rd.) Assurances regarding protection of water quality will be necessary. • The only other significant feature located in this area is a Citgo Gas pipeline that lies within the potential 'annex' area (approx 1100' from the current city limits and almost a mile from Tract One). • The subject area is located within Division 2 of Denton's ETJ. Therefore, the County, not the City of Denton, regulates subdivision and platting. • The subject area is not located within Denton's Certificate of Convenience and Necessity (CCN). Denton is therefore not the retail service provider for water and wastewater services. 2. Do not release the ETJ. ATTACHMENTS 1. ETJ Policies and Strategies (Denton Plan) 2. Development Standards and Requirements in the ETJ (Code of Ordinances) 3. Division I and II ETJ Map 4. City of Corinth's Resolution declaring its intent to annex certain property from Denton's ETJ. 5. City of Corinth's Joint Resolution and Agreement between the City of Denton and the City of Corinth releasing and accepting Extra Territorial Jurisdiction Prepared by: Dedra Denee Ragland, AICP Planning Manager Respectfully submitted: 4yfAy~ Kelly Carpenter, AICP Director of Planning and Development 3 Denton Plan Annexation and ETJ Policies and Strategies (Excerpt from Denton Plan, 1999-2020, pgs. 28 through 30) • Denton's ability to grow and expand should be identified in the city's annexation strategy. City limits and extraterritorial jurisdiction (ETJ) boundaries should be clearly established, and relationships with other jurisdictions should be determined through interlocal agreements. The annexation strategy should also reflect the costs of service provision and external environmental impacts associated with land located in the ETJ. • Adopting an aggressive annexation policy in order to manage the density and quality of growth within current ETJ land, and to maintain the existing certificate of convenience and necessity (CCN). • Denton should endeavor to set finite boundaries that make sense, rather than allowing annexations to set arbitrary ETJ edges. ETJ edge areas that are isolated or pose accessibility problems should be carefully evaluated to determine if service provision can occur on a cost effective basis. Political subdivisions adjacent to Denton, such as Argyle and Corinth, are obvious hard edges to Denton's jurisdiction. Geographic boundaries can also be used advantageously. • Denton will endeavor to protect the integrity of neighboring communities where development in Denton occurs adjacent to those communities. • The city will work with adjacent municipalities to determine shared boundaries, and will execute interlocal agreements based upon mutual agreement that will benefit affected property owners. The municipalities along the western edge of the ETJ (Northlake, Ponder, and Sanger) will be approached to determine if jurisdictional boundaries can be determined through the negotiation of interlocal agreements. • The city will prepare an annexation plan, in accordance with state legislation and with a minimum three-year time horizon, to coordinate the availability of municipal services with areas likely to experience development pressure at urban densities. The city annexation plan will be considered a master plan that requires coordination with other master plans that address water, wastewater, drainage, transportation, parks, libraries, capital improvement programs and other improvements. • The city will not encourage development at the edges of its ETJ, in recognition of the higher costs of "leapfrog" development and haphazard urban sprawl. An estimated sixty percent of the land area within the city remains undeveloped, and services are for the most part reasonably available to vacant land inside Denton. Incentives encouraging infill development will be implemented, particularly within existing city limits. • The ETJ area that extends east from Hickory Hill Road, toward Lewisville Lake between Highland Village and Corinth, will not be relinquished by the city unless all water quality concerns are addressed with respect to Denton's raw water supply, stormwater quality, and other environmental objectives. This area is not likely to be annexed due to the extent of floodplain land under the jurisdiction of the U.S. Army Corps of Engineers. Denton Plan, page 30. 4 Development Standards and Requirements in the ETJ (Excerpt from City Code of Ordinances, Chapter 34, Section 34-38) Sec. 34-38. Development standards and requirements in the extraterritorial jurisdiction. (a) The extraterritorial jurisdiction of the City of Denton is classified into two (2) divisions as indicated on the map on file in the department which is made a part hereof for all purposes. Division 1 is that area located within the regulatory line reflected on the map referenced above. Division 2 is that area on the map located outside the regulatory line surrounding Division 1. (1) All of the provisions of this chapter governing subdivision and development standards for subdivisions within the city shall apply to all subdivisions and developments within Division 1. (2) The subdivision and development standards of the County of Denton, as such standards exist today or as they may hereafter be amended, shall apply to all subdivisions and developments within Division 2. The approval of plats by the city for subdivisions and developments in the extraterritorial jurisdiction comprising Division 2 is not required and such subdivisions and developments must comply only with development or plat requirements of Denton County and state law. (b) The department is directed to consider amendments to the regulatory line map whenever the certificate of public convenience and necessity for water and wastewater services is amended by the state, the Greater Denton Planning Area as defined in the Denton Development Plan as revised, or when directed by the planning and zoning commission and city council. Any amendments shall not be effective until the revised regulatory line map is approved by the city council. (Ord. No. 94-150, § I, 8-16-94) 5 Division 1 and 2 ETJ Map -47 i 6 City of Corinth Joint Resolution jopm a> muTT uN-NO. M-M-AE12 A JOlil!fF RSSiO AnWN AM AGREEMENT BETWEEN TIM MY off' DENTON AND TM CITY DF COR1 M "LEASING AND ACCEp')r' G E A TEMMOWL 3iFR MCi M- . W=yaAg, the City of Cwirth C,Ccdwh") is u lwmc rule city amd Oe City of Detttam C"I)di is a bome rWo city, both et awl in Dedon County, Tv= tub '%WRKAS, . emunicipa>ities in Texas = anthMwd and MPs, pursuwt to Chapters 42 and 43 of the Texas Local moment Cade In aaaumepbsh mutually agrmble 4ustnents in tbw extra Wntorisl Jud9&cwm bounds= and to Ouee to reduce heir exUa tarritMdAl jurig; WMMEM, the peetiue gayer ng bodies orthe cities hereby determine that *"joint rmsohrtion is in the best bun& of Ow heelth. safety, morals and wolf m of the r fi=s of 6C respeww cities and hereby awhuri= the mayor of Mh city to axele his idut ze 010ian, rr[]+W, TMREFOR.E, HE IT RES0 1rVZD BY TSE CnT COUNCM OF THE CIPPY OF Y>iF.lVT C M AND THE CITY COUNCIL OF THE M Y OF C ORWM' SE[7TON 1. Mon does hereby tnmeomd clonally telingaish and release to the City ofCo&6 any and all of the extra ftzhurial jusisdictumd riglb that D ntm bas or nw have in and to the erns desipated as pact 1 ea Exhibit W, which is attae W i n*9 and in~rad herein far all pUtpase. SFA.`i FON 2, The Clty of Cwinh 6M htvby inrdarle acrd aampt Tratr# 1 into the wdia tca[i nal jMUSctim of ft City of Ccdnth and does hereby agree to as== the tights and obliptians apps to Tract 1. 1 Sl&G~Tt{tlY 3. A &ionally, Denton does 'hereby uxondifWm&lly relinquish and release to the City of Cm%th any and all of the extra tenitond juriWktIOnd tights *adt Dcnton bW Or MMY baVr, in and to the area drsipmed as Tract 2 om Exhibit "A", which is attached hereW and incarpvrstcd burin for all poss. S=ON 4. no Qty of CmIA does hmby iarlude and ampt Thad 2 into the exact ~rrimriai jufisdiction of the City of Corinth mid does hercty apoe to asm= the rights and obligations appurtenud iv mad 2. SEG'I ON S. Tls Juwd Resod strait be etl`hctive afar it is appmwed by bcA city emmcils. APPROVED this _ day of 2W5. Maur, [qty of Denton ATT FSr. City Scaxt", Chy of De APPROVED AS TO FORM., City Atkmm y, City of Damn 2 APPROVED tWs day of 2005_ r, ity w~'~ligy s a(cCor► " . c~-xxh, AS TO FORM: _ Ali. City AMnVN City of C=riuih 3 JUMUM "A" P1of2 LT GA>ia DESCR11M UN Amiexstion Trab i and 2 3.065 Aems and 3.258 A> Tract 1 3.065 Aciw 3eing all did o Main toy, feast ns pavel of land aitaated is the Wham t Swtvey, Abstract plumber 74% Dotson Comfy, Texas, b=g pack of that certain user of lad dcacrt`bod in deed to Lucas M. Holcomb ro d is Vohmw 1717, Page 436 amd Votueao 20(n. Page 142 of ibe Rsal Property Rem& ofDanwn ty. Tom"being moro VwfiMh'Wiy dcacdbed as fi lows: BEGRgMNG at a point on &C VM$t 1be of said HOk=b tract, fian vAdcb Point t lnkcd States Amy Corns of 17ngkom Lake Mommaent F323-61 beam N o]M-49° W, 185.73 fete said pow bcing on && appwwt city lin* of the City o€Comiatb; TMNCIC S 87°45' 1$" E. 12L 13 fiat abong said aMu cnt 04 fimit; TT NcE S 89°53'5-' F, 3Tzw *zt, wndFming shag said Hw, to a paid m ft easterly line or said Hokmh tract, bergs on the Lewisvillc Labe boundazya I=Nr,E sign ft oomnm(w Hw of said Holoomb tract"Said lake bow, ft Ukmiog: 814459'03" W, 512.84 feet. to Monument F523.56 found; N 66043'D4" W.154.99 fax, to B+iamara A F523-57 f nvu% N 09°25'44° W, 250.31 feat, to t4idnuMMA F523-58 found; N =33'Or W,143.58 fit, to MMwMendt Fw-59 found. S 3'1°]'7'53" W, 163.51 feet, to Monument F523-60 fad: and N 096W49- W, 192.68 foes. to tbo POINT OF MWVeMG wil [ $ approxinaWy 3.065 Rotes ofhod. 4 MY "I lT *A'4 Page 2 of 2 Tma 2 3.258 Am= Ming ail Ow certain 1K tact or parcel of land situated in the WE= LdtmU Survey, Alert Number 741, Da" Cou*. Tax s, being part of tho certain called 32.673 =+e tract of lead dem tbed is deed to Wiltsmaan FmzEy Pmdne, Ltd. rem ded is Document Number 95-074686 of the Real Property Recar s of Dontan County, Tacos, and being mm+e puticululy described as follows: BEGMMMG at a pa W on ft oaneanm floc of 32x673 acre tract and Lewisville Lake, foram wbxh Unked Stamen Army Coqn of Engitt= Lakc Mwunwnt F523-44 kegs S 221154'10" W. 48.92 fbet, said point being on the agparem city llmh of flee Catty of Corinth; 'I EMNCE S 22°5#' 1#' W, 349.79 feet, along * dd 1ine, La Mom F523-4b found; T111!i«N€ Z S 52W3 V W, 218.13 feet, continuing along said Um, to Mlanumeat F5M-47 found; TEWNCE N 50°4749" W, 167.01 feet, cntinuimg along said line, to went 1'523-48 fomtd; TMNCZ N 10°39'42" K 249.42 feet, contmuing 43ng said lime, to Mom mcnt FS23-49 found; TM24CE N 12°56'35' 5,141.52 feat, coming along said bne, to the POMT OF BEQN3 W4G and coo t alaproxrnately 3.259 acres of mod. 5 e r tw w } -0y w •F H d .O } iY7 r tl r a~ ;gw ~a ID * w 17 Y 4it M - y H by'~ x~r ohs ~ w S ■ 1 1~ d - 4d w i « c ■ ri ww 1 * J W3. A f 6 Attachment 2 Location Map ll~ity of Denton - A d A 1 T ,11> I Tract 1 3.065 Acres Tract 2 3.258 Acres ~ I ~a I i I I_LW S'J E.\KF < 4 6 ! a I 1. EW I S V I I LE LAKE- Vo 1 465. P4. 678 I ANNEXATION EXHIBIT I I., o4J19~ 1 Attachment 3 Preliminary Plat for the Bluffs at Pinnell Pointe rear~a~nrKwvrrr~a! UNW TT3~1F W lY 84--rM an ~:'V~~ W7ll10011317/O~iTQMd: lag, _ ~E~! [ ;gE~ ~ iI 1ii11lf'!1f L' [ 1 z J.1 I 1.5 l I1l77l ~ , 14 a Y;# ~ PHIF kk II ~ X44. L:J 1. I' r •L L p q: I M H J. _I I Y F 1 City of Corinth Joint Resolution jopm a> muTT uN-NO. M-M-AE12 A JOlil!fF RSSiO AnWN AM AGREEMENT BETWEEN TIM MY off' DENTON AND TM CITY DF COR1 M "LEASING AND ACCEp')r' G E A TEMMOWL 3iFR MCi M- . W=yaAg, the City of Cwirth C,Ccdwh") is u lwmc rule city amd Oe City of Detttam C"I)di is a bome rWo city, both et awl in Dedon County, Tv= tub '%WRKAS, . emunicipa>ities in Texas = anthMwd and MPs, pursuwt to Chapters 42 and 43 of the Texas Local moment Cade In aaaumepbsh mutually agrmble 4ustnents in tbw extra Wntorisl Jud9&cwm bounds= and to Ouee to reduce heir exUa tarritMdAl jurig; WMMEM, the peetiue gayer ng bodies orthe cities hereby determine that *"joint rmsohrtion is in the best bun& of Ow heelth. safety, morals and wolf m of the r fi=s of 6C respeww cities and hereby awhuri= the mayor of Mh city to axele his idut ze 010ian, rr[]+W, TMREFOR.E, HE IT RES0 1rVZD BY TSE CnT COUNCM OF THE CIPPY OF Y>iF.lVT C M AND THE CITY COUNCIL OF THE M Y OF C ORWM' SE[7TON 1. Mon does hereby tnmeomd clonally telingaish and release to the City ofCo&6 any and all of the extra ftzhurial jusisdictumd riglb that D ntm bas or nw have in and to the erns desipated as pact 1 ea Exhibit W, which is attae W i n*9 and in~rad herein far all pUtpase. SFA.`i FON 2, The Clty of Cwinh 6M htvby inrdarle acrd aampt Tratr# 1 into the wdia tca[i nal jMUSctim of ft City of Ccdnth and does hereby agree to as== the tights and obliptians apps to Tract 1. 1 Sl&G~Tt{tlY 3. A &ionally, Denton does 'hereby uxondifWm&lly relinquish and release to the City of Cm%th any and all of the extra tenitond juriWktIOnd tights *adt Dcnton bW Or MMY baVr, in and to the area drsipmed as Tract 2 om Exhibit "A", which is attached hereW and incarpvrstcd burin for all poss. S=ON 4. no Qty of CmIA does hmby iarlude and ampt Thad 2 into the exact ~rrimriai jufisdiction of the City of Corinth mid does hercty apoe to asm= the rights and obligations appurtenud iv mad 2. SEG'I ON S. Tls Juwd Resod strait be etl`hctive afar it is appmwed by bcA city emmcils. APPROVED this _ day of 2W5. Maur, [qty of Denton ATT FSr. City Scaxt", Chy of De APPROVED AS TO FORM., City Atkmm y, City of Damn 2 APPROVED tWs day of 2005_ r, ity w~'~ligy s a(cCor► " . c~-xxh, AS TO FORM: _ Ali. City AMnVN City of C=riuih 3 JUMUM "A" P1of2 LT GA>ia DESCR11M UN Amiexstion Trab i and 2 3.065 Aems and 3.258 A> Tract 1 3.065 Aciw 3eing all did o Main toy, feast ns pavel of land aitaated is the Wham t Swtvey, Abstract plumber 74% Dotson Comfy, Texas, b=g pack of that certain user of lad dcacrt`bod in deed to Lucas M. Holcomb ro d is Vohmw 1717, Page 436 amd Votueao 20(n. Page 142 of ibe Rsal Property Rem& ofDanwn ty. Tom"being moro VwfiMh'Wiy dcacdbed as fi lows: BEGRgMNG at a point on &C VM$t 1be of said HOk=b tract, fian vAdcb Point t lnkcd States Amy Corns of 17ngkom Lake Mommaent F323-61 beam N o]M-49° W, 185.73 fete said pow bcing on && appwwt city lin* of the City o€Comiatb; TMNCIC S 87°45' 1$" E. 12L 13 fiat abong said aMu cnt 04 fimit; TT NcE S 89°53'5-' F, 3Tzw *zt, wndFming shag said Hw, to a paid m ft easterly line or said Hokmh tract, bergs on the Lewisvillc Labe boundazya I=Nr,E sign ft oomnm(w Hw of said Holoomb tract"Said lake bow, ft Ukmiog: 814459'03" W, 512.84 feet. to Monument F523.56 found; N 66043'D4" W.154.99 fax, to B+iamara A F523-57 f nvu% N 09°25'44° W, 250.31 feat, to t4idnuMMA F523-58 found; N =33'Or W,143.58 fit, to MMwMendt Fw-59 found. S 3'1°]'7'53" W, 163.51 feet, to Monument F523-60 fad: and N 096W49- W, 192.68 foes. to tbo POINT OF MWVeMG wil [ $ approxinaWy 3.065 Rotes ofhod. 4 MY "I lT *A'4 Page 2 of 2 Tma 2 3.258 Am= Ming ail Ow certain 1K tact or parcel of land situated in the WE= LdtmU Survey, Alert Number 741, Da" Cou*. Tax s, being part of tho certain called 32.673 =+e tract of lead dem tbed is deed to Wiltsmaan FmzEy Pmdne, Ltd. rem ded is Document Number 95-074686 of the Real Property Recar s of Dontan County, Tacos, and being mm+e puticululy described as follows: BEGMMMG at a pa W on ft oaneanm floc of 32x673 acre tract and Lewisville Lake, foram wbxh Unked Stamen Army Coqn of Engitt= Lakc Mwunwnt F523-44 kegs S 221154'10" W. 48.92 fbet, said point being on the agparem city llmh of flee Catty of Corinth; 'I EMNCE S 22°5#' 1#' W, 349.79 feet, along * dd 1ine, La Mom F523-4b found; T111!i«N€ Z S 52W3 V W, 218.13 feet, continuing along said Um, to Mlanumeat F5M-47 found; TEWNCE N 50°4749" W, 167.01 feet, cntinuimg along said line, to went 1'523-48 fomtd; TMNCZ N 10°39'42" K 249.42 feet, contmuing 43ng said lime, to Mom mcnt FS23-49 found; TM24CE N 12°56'35' 5,141.52 feat, coming along said bne, to the POMT OF BEQN3 W4G and coo t alaproxrnately 3.259 acres of mod. 5 e r tw w } -0y w •F H d .O } iY7 r tl r a~ ;gw ~a ID * w 17 Y 4it M - y H by'~ x~r ohs ~ w S ■ 1 1~ d - 4d w i « c ■ ri ww 1 * J W3. A f 6 RAW WATERLINE LOCATION MAP Cross LAKE LEWISVILLE WATER TREATMENT PLANT PARALLEL RAW WATER PIPELINES r i LAKE LEWISVILLE RAW WATER PUMPING STATION ge ` ATTACHMENT 2 WArOE Ur[UrY 1 inch equals 4,000 feet AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Parks and Recreation Department ACM: Howard Martin SUBJECT An ordinance approving an extension, revivor and ratification agreement between the City of Denton and Joint Resources Company and HEP Oil Company, LTD. Relating to a gas well lease dated November 4, 2003 for North Lakes Park; and providing an effective date. Parks, Recreation and Beautification recommended approval with a vote of 4-0. BACKGROUND City Council conducted a public hearing January 7, 2003 and adopted an ordinance granting authority to advertise for bids on March 13, 2003 for the subsurface use of North Lakes Park for purpose of extracting natural gas using offsite wells. Due to weather delays and parks programming, the drilling companies have requested consideration of an extension of the off-site sub-surface use of North Lakes Park in order to drill for oil and natural gas deposits. The current Lease agreement provides for a two-year agreement with a percentage royalty payment, an annual delay rental payment, a shut in payment, and a bonus payment for accepting the proposal. The original request for bids allowed a lease period of up to three years. Joint Resources has offered to pay the City another bonus payment in the amount of $36,182.76, which is the prorated amount for a one-year extension. If the agreement extension is not offered, re-bidding of the park site may be made. OPTIONS City Council may approve or deny the recommendation to allow an extension of one additional year for a drilling lease of North Lakes Park, select another option outlined above, or request staff to submit an alternative not listed. RECOMMENDATION After reviewing all other alternatives, staff recommends approval of the extension of the lease contract one additional year per the original bid proposals. There will be no major impact on current park operations or programs. ESTIMATED SCHEDULE OF PROJECT NIA. PRIOR ACTION/REVIEW The Parks and Recreation Board considered this item at their October 3, 2005 meeting and recommend to City Council the approval of the extension of the lease with Joint Resources Company. FISCAL INFORMATION Compensation related to this use will be set in the Lease agreement from the bid offering. It is reasonable to expect that financial consideration for leasing of land and royalties on production of gas and oil benefit the City of Denton. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Extension agreement 3. Park, Recreation and Beautification Board minutes Respectfully Submitted: 59~ BY: Ed Snyder, City Attorney Prepared by: Robert K. Tickner, Superintendent Parks and Recreation Department LARailtrail crossings and Chapter 26 reviewslC Drilling, North Lakes Park,Denia, Airport open space park1101805 CC AIS-Joint Resources extension.doc JOINT RESOURCES COMPANY 770 NORTH FIELDER ROAD ARLINGTON, TEXAS 76012 Tel # 817.459.2570 Fax # 817459.1719 e-mail: mark(aNointresources.com September 28, 2005 Att: Ed Snyder, City Attorney City of Denton Denton, Texas Re: City of Denton, North Lakes Park, Lease Extension Aft: Ed Snyder As discussed with you by telephone and as we agreed, enclosed herewith please find the subject Extension Agreement amended as you requested. Upon your approval, please have the city manager and other applicable city parties sign the Extension, Revivor and Ratification Agreement on page 2 thereof before a notary public who must notarize such execution. As a gesture of good faith, and as discussed, we are prepared to pay the city of Denton the sum of $36,182.76, for this extension, representing the prorata share . of payment we originally paid/bid for the lease, proportionately reduced commensurate to the one (1) year extension term. Once the lease is properly executed and notarized, contact me to exchange the executed Agreement for our check. Thank you for your time and consideration in this matter. MGKrw Joint Resources Company Encls. 03 09 29 s/ Mark G. Kalpakis, President S:\Our Documents\Ordinances1051Joint Resources-Gas Lease Extension.doc ORDINANCE NO. AN ORDINANCE APPROVING AN EXTENSION, REVIVOR AND RATIFICATION AGREEMENT BETWEEN THE CITY OF DENTON AND JOINT RESOURCES COMPANY AND HEP OIL COMPANY. LTD. RELATING TO A GAS WELL LEASE DATED NOVEMBER 4, 2003 FOR NORTH LAKES PARK; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Extension, Revivor and Ratification Agreement between the City of Denton and Joint Resources Company and HEP Oil Company, Ltd. attached hereto and and made a part hereof as Exhibit "A" is hereby approved (the "Extension Agreement'). City Manager or his designee is hereby authorized to execute the Extension Agreement on behalf of the City.. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 92005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FO EDWIN M. SNYD TY A RNEY BY: V EXHIBIT 1 EXTENSION, REVIVOR AND RATIFICATION AGREEMENT STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON } THIS AGREEMENT being an Extension, Revivor and Ratification Agreement (hereinafter referred to as the "Agreement") is made and entered into this 21st day of September, 2005, by and between the City of Denton, Texas, (hereinafter referred to as "Lessor"), acting by and through its City Manger, Mike Condufff, duly authorized by ordinance to execute this Agreement, whose address is 215 East McKinney, Denton, Texas 76201, and Joint Resources Company and HEP Oil Company, Ltd., (hereinafter collectively referred to as "Lessee"), whose address is 770 N. Fielder Road, Arlington, TX 76012. WITNESSETH WHEREAS, by instrument dated effective November 4, 2003, the City of Denton, Texas, acting by and through its City Manger, Mike Condufff, duly authorized by ordinance, as Lessor, executed to Joint Resources Company, as lessee therein, an Oil, Gas and Mineral Lease (hereinafter referred to as the "Lease") recorded by Memorandum of Lease, Document # 7757, Receipt # 0081783, Official Public Records of Real Property, Denton County, Texas, covering 353 acres of land, more or less, as described in said Lease, reference made to said Lease for a more particular description of said Land therein and incorporated herein by reference. WHEREAS, Lessee's rights, titles and interests, are nowowned by Joint Resources Company and HEP Oil Company, Ltd., as Lessee herein, and WHEREAS, it is the mutual desire.of Lessor and Lessee to have such Lease amended to the extent shown hereinafter and only to such extent, and to thereafter ratify, revive and validate said Lease as to the Land covered thereby as amended hereby. WHEREAS, said Lease under paragraph 3 therein, provides for a primary term of two (2) years from the date of said Lease, and, WHEREAS, Lessor and Lessee have agreed to an extension of said primary term, for an additional period of one (1) year, thereby increasing and amending the primaryterm in said Lease from two (2) years to three (3) years, so that the primary term will be extended to November 4, 2006. NOW THEREFORE, for and in consideration of the premises and the sum of Ten and No1100 Dollars ($10.00), and other good and valuable considerations, in hand paid to the undersigned Lessor by Lessee, the receipt and sufficiency of which is hereby acknowledged and confessed by the undersigned Lessor, the undersigned Lessor does hereby agree and amend the Lease, by increasing the primary term in the Lease for an additional period of one (1) year thereby increasing and amending the primaryterm in said EXTENSION, REVIVOR AND RATIPICATION AGREEMENT Page I EXHIBIT 2 Lease from two (2) years to three (3) years, so that the primary term will be extended to November 4, 2006, and to this end said Lease shall be amended, so that paragraph 3 therein shall be superseded and replaced as follows, to-wit: 3. This is a paid up lease and subject to the other provisions here contained, this Lease shall be for a term of three (3) years from the Effective Date (the "Primary Term") and as long thereafter as oil, gas and other minerals are produced in paying quantities from said land or land with which said land is pooled hereunder. Further, for the same consideration recited above, Lessor and Lessee recognize, acknowledge, and affirm the validity and effectiveness of the Lease, notwithstanding any prior termination, and Lessor does hereby adopt, ratify, revive and confirm the Lease as amended by this Agreement, in all of its terms and provisions, and does hereby lease, grant, demise and let said Land under and subject to the terms and provisions of the Lease as amended by this Agreement unto the said Lessee, its successors and assigns, as fully and completely as if Lessor had originally been named as a Lessor in said Lease as amended by this Agreement, and had executed, acknowledged and delivered the same in Lessor's name. Lessor does hereby further declare that said Lease as amended by this Agreement in all of its terms and provisions is binding on the undersigned Lessor and is a valid and subsisting Oil, Gas and Mineral Lease. This Agreement is binding on Lessor, and Lessor's heirs, representatives, successors and assigns. TO HAVE AND TO HOLD all rights, titles and interests granted to Lessee herein, its, representatives, successors and assigns, forever. IN WITNESS WHEREOF, this instrument is executed on the date first above written. Lessor: City of Denton, Texas By: Attest: Mike Conduff, City Manager Jennifer Walters, City Secretary Approved as to Legal Form: Edwin M. S r, City A ney BY: Lessee: Joint Resources C pany ess : HEP Oil Com any, LTD By: By: Mark G. Kalpakis, resident Joh*.i en f HEP Hold ral P eror HEP Oil EXTENSION REVIVOR AND RATIFICATION AGREEMENT Page 2 STATE OF TEXAS COUNTY OF DENTON ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2005, by Mike Conduff as city Manager of the city of Denton, Texas, on behalf of said city and in the capacity therein stated. [Seal] Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGMENT This instrument was acknowledged before me on the day of a/VL&/, 2005, by Mark G. Kalpakis, as Preside , o Joint Resources Company, a Texas corporation, on behalf of said corporation. [Seal] wHr tary is' Stay of Texas MY COMMISSION EXPIRES App a, zoos STATE OF TEXAS COUNTY OF efl4Z,- ACKNOWLEDGMENT This instrument was acknowledged before me on the c,?QAday of er 2005, by John D. Schmitz as President of HEP Holding Company, LLC, General Partner of HEP Oil Company, LTD., a Texas Limited Partnership and in the pacities therein stated. i [Seal] :MELISSA DANGELMAYR Notary ublic, State of Texas i NOTARY PUBLIC a~q f State of Texas Comm. Exp. 12-23-2005 EXTENSION, REVIVOR AM RATIFICATION AGREEMENT Page 3 DRAFT Parks, Recreation and Beautification Board Minutes October 3, 2005 Members present: Jo Kuhn, Geri Aschenbrenner, Patrice Lyke, and Reggie Heard. Members absent: Teresa Andress and Chuck Smith. Staff present: Janet Fitzgerald, Bob Tickner, Janie McLeod, John Whitmore and Emerson Vorel. Others present: Bill Coleman. Vice Chair Jo Kuhn called the meeting to order at 5:55 p.m. Approval of Minutes of September 12, 2005 - Minutes were accepted as distributed. ACTION ITEMS Request to Sell Alcoholic Beverages at Fuego Y Alma Event - Janet said that the Fuego Y Alma would be hosting its fifth annual Latino event in the Civic Center Park on October 8th. The committee has requested to sale alcohol at the event. She added there had been no security concerns at this event in the past. ACTION: Geri Aschenbrenner made a motion to approve Fuego Y Alma's request to sale alcohol in the Civic Center Park at their October 8, 2005, event. Reggie Heard seconded the motion and it was approved by a 4-0 vote. I-35E Kendolph- Underwood Streets Triangle Area - Bob said that TXDOT plans to widen I-35 to 10 lanes near the UNT area. Consultants are doing an environmental study and requested that Parks and Recreation Department confirm that the triangle of land is not a park or recreational land. The property had been maintained as a median and not park land. Staff received additional time to review the information. Staff reviewed new information from the City's ROW agent that the property had been dedicated to the City as a park. ACTION: A motion was made by Patrice Lyke to table the topic until more information could be provided. Reggie Heard seconded the motion and it was approved with a vote of 4-0. North Lakes Park Natural Gas Drilling Lease Extension - Bob said that in 2002, this two-year, off-site gas-drilling lease had been presented to the Park Board and approved. The Joint Resources Company drilling company has requested a one-year extension to the lease. The drilling company would pay the city $36,000 for the extension of one-year. ACTION: Geri Aschenbrenner made a motion to approve the extension of the lease. Reggie Heard seconded the motion and it was approved by a vote of 4-0. Denton Branch Rail Trail, Natural Gas Line Crossing at Mile Post 724.8. Bob said that NGG Gathering Company has requested the use of parkland in order to locate a natural gas pipeline across the Denton Branch Rail Trail at milepost 724.8 south of Brinker Road and north of Mayhill road. EXHIBIT 3 DRAFT Bob said that the line would be drilled under the trail and would not be seen from the trail. Bill Coleman said that the line would go 20 feet deep and would have 48 inches of dirt covering the line. Mr. Coleman assured the Board that there would be no impact on the water lines in the area. Bob informed the Board that the Water/Wastewater Department had outstanding concerns related to the decision of the gas line, and that NGG had committed to satisfy the Water Department's requirements. ACTION: Reggie Heard made a motion to approve the request to locate the gas pipeline across the trail with the condition that NGG work with the Water Department to resolve all issues and that there be no impact on the water lines. Geri Aschenbrenner seconded the motion and it was passed with a vote of 4-0. DISCUSSION ITEMS Denton Senior Center Behavior Policy - John said the Denton Senior Center has developed a behavior policy for the Senior Center after experiencing various incidents of inappropriate behavior by several visitors to the Center. Recent abuses of the restrooms, the computer lab, and misuse of senior resources by the public, primarily those under 50 years old, have prompted the development of these rules. John added that the guidelines were based on the Library guidelines. He said the guidelines would be posted throughout the center. He continued to say that the Senior Advisory Council has approved the guidelines. DIRECTOR'S REPORT Texas Workforce Commission Grant Application Update Day Care Programs John said that the Texas Workforce Commission (TWC) representative has altered the process for the application and distribution of funding under the Day Care Grant Program. TWC will only distribute funding to certified childcare programs. John added that unfortunately, the areas of greatest need in the City do not qualify under these criteria. The preschool programs at Denia and Martin Luther King Jr. recreation centers may be the only qualified programs while the King Kids Day Kamp and the Owsley Summer Playground do not. Recognize George Caddell @ Water Work Park - Hold for future meeting. Project Status Report - There were no questions or comments. Keep Denton Beautiful - There were no questions or comments. Other Business - Several board members had not received their board packets in the mail. Janet commented that the packets were mailed on Wednesday. Since many members are not able to receive the information by email, it was suggested that the packets be distributed in another manner. The packets will be ready for members to be picked up at the PARD office on the Wednesdays before the meetings. If the packets have not been picked up by end of the day, staff will deliver the packets to the board members on Thursday. There being no other business, the meeting was adjourned at 6:31 p.m. AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kelly Carpenter 349-8504 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton approving change order three for a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002; extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. RFP INFORMATION The original Professional Services Agreement approved by Council on March 5, 2002, provides for the identification, development, and implementation of major transportation and infrastructure projects including a critical timeline for each identified project. Work Directive Change Order One (March 2, 2004) continued this service through September 30, 2004 and added support services for our Regional Mobility Coordinator. Change Order Two extended the contract through September 30, 2005. This contract has supported our regional transportation efforts that have resulted in funding for FM 2181, FM 2499, joint development of the Loop 288 design plans, IH35 ramp reversals, the western Loop analysis, and other projects. Continuation of this project will facilitate the ongoing discussions regarding the 135E Major Investment Study that is the precursor to the reconstruction of I-35E, and discussions concerning the potential use of monies received from tolls should or when SH 121 becomes a toll facility. Innovative Transportation Solutions, Inc. (ITS) has facilitated our coordination with the County Bond Program that has a majority of the funds dedicated to transportation. ITS has provided and will continue to provide any needed staff assistance for the City's CIP Committee. ITS was instrumental in saving the City of Denton almost $100,000 in negotiations with the Texas Department of Transportation (TXDOT) and the North Central Texas Council of Governments (NCTCOG) concerning distribution of Federal funds for the southbound ramp reversal for I-35E. The continued use of ITS services is integral to the development of future transportation for the City of Denton, and will almost certainly result in an overall savings of tax dollars above and beyond the expenditure for these services. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved the original contract for professional services on March 5, 2002, Ordinance No. 2002-062 in the amount of $70,000. Council approved Change Order One in the amount of Agenda Information Sheet October 18, 2005 Page 2 $117,000 on March 2, 2004. Council approved change Order Two in the amount of $120,000 on October 5, 2004. RECOMMENDATION We recommend Change Order Three be approved in the amount of $10,000 per month for an annual amount of $120,000. Change Order Three brings the contract total to an amount not to exceed $427,000. PRINCIPAL PLACE OF BUSINESS Innovative Transportation Solutions, Inc. Farmers Branch, TX ESTIMATED SCHEDULE OF PROJECT This change order authorizes services to be performed through September 30, 2006. FISCAL INFORMATION This item will be funded from account 351001.7850. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent I-AIS-PSA 2789 Change Order Three S:lOur DocumentslOrdinances1051lnnovative Transporation Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER THREE FOR A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND INNOVATIVE TRANSPORTATION SOLUTIONS, INC. DATED MARCH 5, 2002; EXTENDING SAID AGREEMENT, AND AUTHORIZING AND RATIFYING THE EXPENDITURE OF FUNDS FOR WORK TO BE PERFORMED; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY AND EXPEND FUNDS AUTHORIZED BY THE CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 5, 2002 the City entered into a Professional Services Agreement with Innovative Transportation Solutions, Inc. (the "Consultant") to provide transportation consultation services (the "Contract"); and WHEREAS, on March 2, 2004 the City Council approved Change Order One; and WHEREAS, on October 5, 2004 the City Council approved Change Order Two; and WHEREAS, Change Order Three to the Contract attached hereto and made a part hereof by reference as Exhibit "A" (the "Change Order") is necessary to add an additional task, to extend the Contract from October 1, 2005 through September 30, 2006, and to authorize and ratify the expenditure of funds; and WHEREAS, the City Council finds that the Change Order serves valid public and municipal purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The Change Order is approved extending the Contract from October 1, 2005 through September 30, 2006. The City Manager, or his designee, is hereby authorized to execute Change Order Three on behalf of the City and to make the expenditure of funds provided for by Change Order Three in the amount*of $10,000 per month for a total of $120,000. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR SA0ur Documents\Ordinances1051Innovative Transporation Ord.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: EXHIBIT A WORK DIRECTIVE CHANGE NUMBER THREE TO THE PROFESSIONAL SERVICES AGREEMENT WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC. This Work Directive Change (WDC) is made this day of October 2005, between the City of Denton ("City") and Innovative Transportation Solutions, Inc. ("Consultant") to the above referenced Agreement (the "Contract") in the following respects: WORK DIRECTIVE CHANGE DESCRIPTION: Owner and Consultant acknowledge the following additions, deletions, or revision in the Scope of Work to be performed: • Facilitating the ongoing discussions regarding the 135E Major Investment Study that is the precursor to the reconstruction of 1-35E, • Facilitating discussions concerning the potential use of monies received from tolls should or when SH 121 becomes a toll facility, • Facilitating coordination between the City of Denton the Denton County concerning the County Bond Program that has a majority of the funds dedicated to transportation; • Providing any needed staff assistance for the City's CIP and Bond Oversight committee. • Preparing grant and other funding applications; • Representing the City of Denton with appropriate federal, state, regional and local agencies and meetings. • Other transportation planning, funding, and coordinating work as required by the City. The continued use of ITS services is integral to the development of future transportation for the City of Denton, and will almost certainly result in an overall savings of tax dollars above and beyond the expenditure for these services. Total compensation for these services through September 2006 are $10,000 per month for a total not to exceed $120,000. City hereby directs the Consultant to proceed as follows: The parties to the Contract formalize this WDC as Change Order Three that changes the Scope of Work. It extends the term of the Contract through September 30, 2006. Page 1 In all other respects, the Contract remains the same. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF City Manager Date: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: INNOVATIVE T SPORTAT N SOLUTIONS, INC. BY: -----T ~eFIN PQJ,S 2 Title: e: Date: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Airport and Transit Department ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing; and providing an effective date. BACKGROUND On April 6, 2004 Joe Roy was appointed as the City of Denton representative to the Denton County Transportation Authority Board with the approval of City of Denton Resolution R2004- 016. R2004-016 also named Jon Fortune as the First Alternate and Mark Nelson as the Second Alternate. This two-year term will expire on November 12, 2005. The attached proposed resolution will reappoint Mr. Roy as the City of Denton Representative, Mark Nelson as the First Alternate and Howard Martin as the Second Alternate. This will be the third and final two-year term for Mr. Roy. DCTA By-laws allow a maximum of three consecutive two-year terms. Upon the approval of this resolution, the proposed City of Denton representatives will be considered by the DCTA Board at their November 2005 Board Meeting. OPTIONS: 1. Reappoint the incumbent, Joe Roy, as the representative on the DCTA Board of Directors for the City of Denton, Mark Nelson as First Alternate and Howard Martin as Second Alternate. II. Consider a different Representative along with First and Second Alternates. PRIOR ACTION/REVIEW: The City Attorney's Office has reviewed and prepared the Resolution. FISCAL INFORMATION: There will be no fiscal impact. EXHIBITS 1. Resolution 2. DCTA Notification Respectfully submitted: Mark Nelson, Director Airport and Transit Operations s:lOur Documentsaesolutions1051DCTA Board Appointment.doe RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AND TWO ALTERNATES TO THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors or Executive Committee (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, pursuant to Resolution No. R2004-016 the City Council of the City of Denton appointed Joe Roy as the City of Denton representative to the Authority Board and appointed Jon Fortune as the First Alternate and Mark Nelson as the Second Alternate, each for a two-year term; and I WHEREAS, the two year term will expire on November 12, 2005 and the City Council deems it be in the public interest to appoint a member and two alternates to the Authority Board for a two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. Joy Roy is hereby reappointed as a member and Mark Nelson is hereby appointed as First Alternate and Howard Martin is hereby appointed as Second Alternate to the Authority Board as representatives for the City of Denton, Texas. Each such person is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 4. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. S:1Our Documcnts\Resolutions1051DCTA Board Appointment.doc PASSED AND APPROVED this the day of , 2005, EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of 2 Denton County Transportation Authority DC*-' 1660 South Stemmons, Suite 250 Lewisville, Texas 75067 www.dcta.net Ph: (972) 221-4600 Metro: (972) 434-9922 Fax: (972) 221-4601 Board of Directors August 18, 2005 Chairman Charles Emery Mayor Euline Brock Vice Chairman City of Denton Joe Roy City Hall 215 East McKinney Secretary Denton TX 76201 Jason Pierce Mayor Brock: Treasurer Charles Correll On April 6, 2004 you appointed Mr. Joe Roy as your representative to the Randy Hunt Denton County Transportation Authority Board by Resolution R2004-016. In Van James accordance with the By-laws of the Denton County Transportation Authority, I Skip Kalb am notifying you that Mr. Roy's term will expire on November 12, 2005. Mike Leavitt Doug Peach Paul Ruggiere Although the representative of the City of Denton will continue to serve until a Tom Spencer successor is named, we are providing this notice so that you might formally review your Fernando Villarreal appointment procedures. You may wish to appoint the incumbent officeholder to a 3rd Bill Walker term or consider a different individual, consistent with the qualifications for a Board Director. The Denton County Transportation Authority By-laws, Article 111, Section 5, Executive Director states: Each member of the Board of Directors serves a term of two years. A member John O. Hedrick of the Committee may not serve more than three consecutive terms. This will be the 3ra term if you reappoint the incumbent. The City of Denton has been well represented on the Board and we look forward to continuing our working relationship with the City through your appointed representative to the Board of Directors. C::ohn ' ly, O. Hedrick Executive Director Cc: Joe Roy Encl. eM1^7 77"D r EXHIBIT 2 DENTON COUNTY TRANSPORTATIONA UTHORITY RESOLUTION NO. 06-04 A RESOLUTION TO ACKNOWLEDGE THE RESIGNATION OF THE HONORABLE JOE ROY AS A DIRECTOR; TO PROVIDE FOR FILLING OF A VACANCY ON THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING FOR AN ALTERNATE AND TO PROVIDE FOR THE RATIFICATION OF SUCH APPOINTMENT BY THE BOARD OF DIRECTORS WHEREAS, the Commissioners Court of Denton County did on the 4m day of September, 2001 NOW THEREFORE BE TT duly and legally adopt Court Order 01-0641, RESOLVED: opting' 'a Resolution of Initiation to initiate the process to create a Coordinated County 1. Acceptance of Resignation. The resignation Transportation Authority; and of the Honorable Joe Roy was accepted by the governing body of the City of Denton. WHEREAS, the Authority was by Court Order 01-0704 of the Denton County Commissioners 2. Ratification. The appointment of Mr. Joe Court duly and legally Designated on October 16, Roy as a Director representing the City of 2001, having met all requirements of §460.053 TEX. Denton as a Director on the Denton County TRANSPORTATION CODE; and Transportation Authority Board of Directors is hereby ratified and the designation of Mr. WHEREAS, the Denton County Mr. Jon Fortune as First Alternate Director Transportation Authority was duly and legally and Mr. Mark Nelson as Second Alternate confirmed by the qualified voters of the County of Director is acknowledged. Denton Texas at a called election on November 5, 2002, which in all respects conformed to the 2. Recitals. The Authority hereby provisions of Subchapter B, Chapter 460, TEX. finds and declares all precatory language herein to TRANSPORTATION CODE; and be true and correct and approves and adopts the same herein as part of this Resolution. WHEREAS, Mr. Joe Roy did tender his resignation from the Board of Directors of the 3. Effective Date. This Resolution Denton County Transportation Authority for the shall be effective on and after its date of adoption. purpose of implementing staggered terms and for no other reason; and to the City of Denton in writing on PASSED AND APPROVED thi-d1h day of January 22, 2004, which was duly accepted by the April, 2004. Denton governing body,- and Isl t WHEREAS, pursuant to §460.054, TEX. arle man TRANSPORTATION CODE the governing body of Denton is entitled to appoint a representative to be a ATTEST: Director on the Board of Directors of the Denton County Transportation Authority; and /s/ Jaso ierce, Secretary WHEREAS, The City of Denton has, by adopting Resolution 82004-016 on April 6, 2004, APPROVED AS TO F appointed Mr. Joe Roy as a Director on the Board of Directors of the Denton County Transportation /s/ Authority, for. a two year term beginning November Rider Scott, General Counsel 1 j- 2003 and Mr. Jon Fortune as First Alternate Director and Mr. Mark Nelson as Second Alternate Director. Doc ID SCOTR-612587 RECEIVED SEP 0 0 2005 8097-0001 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Legal Department CM/DCM/ACM: Ed Snyder, City Attorney SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF AN EMINENT DOMAIN ACTION STYLED CITY OF DENTON, TEXAS V. DANA J. BEAVERS AKA DANA J. SMITH, ET AL, CAUSE NO. ED-2004-485, FILED IN THE PROBATE COURT OF DENTON COUNTY; AUTHORIZING THE CITY MANAGER AND THE CITY'S ATTORNEYS TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: On February 22, 2005, the City Council passed Ordinance No. 2005-053, authorizing the City to deposit the Special Commissioners' Award ($61,973.00) into the registry of the court. The defendants appealed the Award thereby converting the eminent domain action into a civil trial. On September 20, 2005 pursuant to Ordinance 2005-294 the City Council authorized settlement in the sum of $71,973.00 which was $10,000.00 above the amount of the Award. The defendants had offered the $10,000 settlement amount in the mistaken belief that the City is requesting a one year temporary construction easement. In fact a temporary easement with an expiration date of April 1, 2008 is needed. Defendants have offered to settle for an additional amount of $15,000 or a total of $76,973.00 which includes both the permanent and temporary construction easement. They have also offered to settle for the sum of the $61,973.00 commissioners' award for the permanent easement, and without the temporary construction easement. OPTIONS: 1. Agree to the settlement of $76,973.00 which includes the permanent and temporary construction easement. 2. Agree to the settlement of $61,973.00 which includes the permanent easement only. 3. Proceed to litigate as a civil trial. RECOMMENDATION: An executive session will be held during which the legal department will give its recommendation. PRIOR ACTION/REVIEW: Based on Ordinance No. 2005-053 the City deposited the $61,973.00 Special Commissioners' Award into the registry of the court on April 5, 2005. Ordinance No. 2005.294 authorized settlement in the amount of $71,973.00. FISCAL INFORMATION: $76,973.00. Respectfu bmitte Ed Snyder City Attorney $AO., aocumemtMiscellareass5055agcnGa oifrrmalion sbec4heavers setUemprt-lu-SB-OS.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF AN EMINENT DOMAIN ACTION STYLED CITY OF DENTON, TEXAS V. DANA J. BEAVERS AKA DANA J. SMITH, ET AL., CAUSE NO. ED-2004-485, FILED IN THE PROBATE COURT OF DENTON COUNTY; AUTHORIZING THE CITY MANAGER AND THE CITY'S ATTORNEYS TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2005-053, the City Council authorized the deposit of the amount of the Special Commissioners' Award in the sum of $61,973.00 (the "Award") into the Registry of the Court for the acquisition of certain real property in an eminent domain action styled City of Denton, Texas v. Dana J. Beavers aka Dana J. Smith, et al, Cause No. ED-2004-485, filed in the Probate Court of Denton County, Texas (the "Eminent Domain Action"); and WHEREAS, the City has deposited the Award into the registry of the court; and WHEREAS, Defendants appealed the Award thereby converting the Eminent Domain Action into a civil trial; and WHEREAS, Defendants have offered to settle the Eminent Domain Action for the total sum of $76,973.00 which is $15,000.00 above the amount of the Award; and WHEREAS, the City Council of the City of Denton, Texas hereby finds that the settlement amount of $76,973.00 is appropriate and in the public interest; and WHEREAS, this ordinance supersedes City of Denton Ordinance Number 2005-294. 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 City Council hereby approves the settlement of the Eminent Domain Action for the amount of $76,973.00 (the "Settlement Amount"). SECTION 3. The City Manager, or his designee, and the City's Attorneys are hereby authorized to act on the City's behalf in approving and executing any and all documents, and to take other actions necessary, to finalize the settlement. S:1our Docutnantsl0rdin=ces1051Beavers Settlement Ordinanceldoc SECTION 4. The City Manager, or his designee is hereby authorized to expend the funds in accordance with the settlement, which includes the Settlement Amount, court costs, closing costs, and other incidental costs necessary to consummate the settlement. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, TY ATTORNEY BY: V Page 2 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Fiscal Operations/Court Clerks Office ACM: Jon Fortune SUBJECT Consider adoption of an ordinance approving a Professional Services Agreement between the City of Denton and Roland Jones for Juvenile Case Management Services in the Denton Municipal Court; authorizing the expenditure of funds; and declaring an effective date. BACKGROUND At the August 16, 2005, City Council meeting, Council approved an ordinance creating a juvenile case manager fund pursuant to Article 102.0174 of the Texas Code of Criminal Procedure. House Bill #1575 was passed in the 79th Regular Session of the Texas Legislature authorizing Municipal Courts to collect a fee up to $5.00 per conviction. The revenue generated by this fee is limited to funding salaries and benefits for "Juvenile Case Managers". Roland Jones comes highly qualified to provide the services required as Juvenile Case Manager. He has been working with juveniles since June 1996, when he left his position as Detention Court Coordinator with the Denton County Sheriff s Department to become Executive Director of Juvenile Diversionary Services of Denton. Since 1996, Roland Jones has coordinated the Denton Teen Court program, leading it to state, national, and international acclaim. Mr. Jones has been a member of the National Dropout Prevention Network since 1996. This organization has recognized Mr. Jones for his work to prevent truancy and dropouts, in each and every year of his membership. In addition, his membership with the International Coalition for At-Risk Children and Youth has led to successful programs on a national and international level. He is past president of the Texas Teen Court Association and past chair of the Texas Youth Commissioner's Community Advisory Council. FISCAL INFORMATION The juvenile case manager fund approved by Council is limited to funding salaries and benefits for "Juvenile Case Managers", including Roland Jones and other Court clerks that perform these duties. The fees are expected to generate revenues of approximately $130,000 per year. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations ■ 1 ■ mug 4 --r van l r - -tti rt3. - :r... -sue ■ ■ ti x - ■ ■ . W 006 SA0ar ~oeumeutslConvacss105yuvenile case mWagemcos servi-d- PROFESSIONAL SERVICES AGREEMENT FOR JUVENILE CASE MANAGEMENT SERVICES IN THE DENTON MUNICIPAL COURT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of , 2005, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "City" and Roland Jones, hereinafter called "Consultant," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT City hereby contracts with Consultant, as an independent contractor, and Consultant hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, juvenile case manager services for the City of Denton Municipal Court. ARTICLE 2 SCOPE OF SERVICES Consultant shall perform the following services in a professional manner: Consultant shall perform all those services as necessary as juvenile case manager for the City of Denton Municipal Court. Services shall include those necessary or appropriate under Tex. Code Crim. P. §45.06, as well as those assigned by the Municipal Court Administrator. ARTICLE 3 PERIOD OF SERVICE This Agreement shall be effective as of October 1, 2005, and shall remain in force until terminated. 5:1Ow I]m=mtslCcntact&WVuvevile case managrinetvt -iccs.doc ARTICLE 4 COMPENSATION A. COMPENSATION TERMS: Contractor will be will be paid from the Juvenile Case Manager Fund at the same time paychecks are issued for City employees. Contractor will be paid a gross salary equivalent to $1,423.08 per pay period, and benefits with a budget cost of $389.62 per pay period. B. BILLING AND PAYMENT: Payments will be disbursed biweekly, with no billing requirement. Consultant shall coordinate schedules and hours worked with Municipal Court Administrator. Nothing contained in this Article shall require City to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant when Consultant is in default under this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by Consultant pursuant to this Agreement are instruments of service, and shall become the property of City. Consultant is entitled to retain copies of all such documents. The documents prepared and furnished by Consultant are intended only to be applicable to this Project, and City's use of these documents in other projects shall be at City's sole risk and expense. In the event City uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, Consultant is released from any and all liability relating to their use in that project. ARTICLE 6 INDEPENDENT CONTRACTOR Consultant shall provide services to City as an independent contractor, not as an employee of City. Consultant shall not have or claim any right arising from employee status. ARTICLE 7 INDEMNITY AGREEMENT Consultant shall indemnify and save and hold harmless 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 fees incurred by City, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of Consultant in the execution, operation, or performance of this Agreement. 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 parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Page 2 SAOur Pacmoems1ConrrXL3W5juvMile case mmagemed services.do Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 8 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may 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. ARTICLE 9 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminated by giving 30 days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected 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 non-performance, and not less than 30 calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, Consultant shall immediately cease all services and shall render a final bill for services to City within 30 days after the date of termination. City shall pay Consultant for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 4 "Compensation." Should City subsequently contract with a new consultant for the continuation of services on the Project, Consultant shall cooperate in providing information. Consultant shall turn over all documents prepared or furnished by Consultant pursuant to this Agreement to City on or before the date of termination, but may maintain copies of such documents for his use. ARTICLE 10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by City shall not constitute, nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of his work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect in the design or other work prepared by Consultant. Page 3 SA0ur Docmne tEvxelraclalojuvenile cane manag-t servicesAoc ARTICLE 11 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 to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: To OWNER: Roland Jones City of Denton 601 East Hickory, Suite D Attn: Tom Josey Denton, Texas 76205 215 East McKinney 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 mailing. ARTICLE 12 ENTIRE AGREEMENT This Agreement, consisting of 6 pages, 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 or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 13 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction 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 parties 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. ARTICLE 14 COMPLIANCE WITH LAWS Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. Page 4 5:Dar D~Ws ntrwt"njuv le case-Z-Ent smAmdo ARTICLE 15 DISCRIMINATION PROHIBITED In performing the services required hereunder, Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 16 ASSIGNABILITY Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of City. ARTICLE 17 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or 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 parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 18 MISCELLANEOUS A. Consultant agrees City shall, until the expiration of three 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 Consultant involving transactions relating to this Agreement. City shall give Consultant reasonable advance notice of intended audits. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. Consultant shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by City. D. City shall assist Consultant by placing at Consultant's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for Consultant to enter in or Page 5 i S50ar DocumenisSConvacts1051juvenile case-ge.mt smvice upon public and private property as required for Consultant to perform services under this Agreement. E. 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 HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and Consultant has executed this Agreement on this the day of , 2005. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS EDW N9ER, CITY ATTORNE BY: CONSULTANT ROLAND 4JO'jS WITNESS: ~ BY: Page 6 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Parks and Recreation Department ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the Denton Comprehensive Plan to include the Open Space Concept Plan; and providing for an effective date. BACKGROUND The Denton Plan frequently references open spaces to be used for recreational purposes, the preservation of environmental resources, or to serve as a buffer between land uses. Community support for the use of open space to preserve Denton's character was clearly indicated during Denton Plan public meetings and hearings. The Open Space Concept Plan (OSCP) is intended to guide implementation efforts regarding the location and use of open space in Denton and to develop an open space acquisition strategy. The plan defines existing open space in public and private ownership that provide both environmental and social importance in areas of urban development including, local parks, state and federal lands, golf courses, ranches, farms and other agricultural lands. Existing floodplains and riparian areas are defined and designated as important open space areas, including environmentally sensitive areas that are designated in the Denton Development Code. Priorities: The concept plan calls for a system of prioritization to identify lands to be protected. It identifies land that has significant resource value and is most threatened, but does not call out specific tracts of land or prioritize acquisition areas. Key plan elements included the need for: ■ pursuing a community trail network to link open space areas and other destinations ■ development of regional parks that provide recreational areas and protect valuable open space ■ protecting and restoring ecosystem habitats ■ preserving scenic corridors The plan then identifies the levels of priority including: ■ the acquisition or protection of environmentally sensitive areas that are under immediate threat of development ■ high priority areas that not under immediate threat ■ high priority areas to be considered for long-range consideration I The plan also defines several land protection tools and techniques including: • acquisition • land exchange • conservation easements • environmental overlay zones • density transfers • development rights transfers On November 10, 2004, the Planning and Zoning Commission held a public hearing to consider adoption of the Open Space Plan. The sub-committee recommended approval of the plan with the following conditions: 1. Remove specific sites listed in the "Priority Locations" section of the plan; 2. Clearly identify and distinguish between open space resources and areas that need to be protected; 3. Consolidate departmental master plans to develop open spaces into use areas or multiple use corridors for the sake of efficiency; 4. Re-title document as Open Space Concept Plan and Coordination Tool; 5. Parks and Recreation staff, in conjunction with other city departments, study the feasibility of implementing an open space and trail dedication requirement for new subdivisions to connect and provide access/linkages where appropriate and in areas where there is a plan or proposed network in place, and identify incentives; 6. Reword "Implementation Techniques" section as Land Protection Tools and Techniques; 7. Establish a Five-Year Action/Implementation Plan; and 8. Hire a Master Plan Coordinator to achieve Open Space Master Plan. The Planning and Zoning Commission recommended approval of the Open Space Plan by a vote of 5-0. At the January 31, 2005, meeting of the Environment Committee staff presented the Planning and Zoning Commission recommendations for changes and the Committee moved to forward the plan to City Council for adoption with those changes. In addition, The Environment Committee asked for the following modifications: 1. A redline document of the plan showing all revisions from the original document. 2. In reference to the Planning and Zoning Commission recommendation to hire a coordinator to achieve the plan, it was recommended that this should be accomplished with existing staff. On August 1, 2005, staff presented the OSCP to the City Council in Work Session and received direction to proceed to a public hearing. The Public Hearing was held on September 20, 2005, at which time the City Council directed staff to discuss the inclusion of the OSCP as an amendment to The Denton Plan with the Committee on the Environment and request their direction. The Committee on the Environment met on October 3, 2005 and directed staff to include the OSCP in its entirety as an amendment to The Denton Plan as a new section to Element 5, to be titled Open Space Management. OPTIONS The City Council may adopt the Open Space Concept Plan as an amendment to The Denton Plan as a new section to Element 5, to be titled Open Space Management, deny the ordinance or ask staff to seek alternatives. 2 RECOMMENDATION Staff recommends that the Open Space Concept Plan as an amendment to The Denton Plan as a new section to Element 5, to be titled Open Space Management. ESTIMATED PROJECT SCHEDULE PRIOR ACTION/REVIEW Planning and Zoning Work Session March 10, 2004 and April 14, 2004 Parks, Recreation and Beautification Board April 5, 2004 and May 3, 2004 Planning and Zoning Commission November 10, 2004 Environment Committee January 31, 2005 City Council Work Session August 1, 2005 City Council Public Hearing September 20, 2005 Environment Committee October 3, 2005 EXHIBITS 1. Proposed Ordinance 2. Element 5, The Denton Plan 3. Proposed "Open Space Management" section to Element 5 of The Denton Plan 4. Parks, Recreation and Beautification Board minutes of April 5, 2004 and May 3, 2004 5. Planning and Zoning Commission minutes of November 10, 2004 (refer to pages 41-57) 6. Memorandum from the Open Space Master Plan Subcommittee of the Planning and Zoning Commission dated November 10, 2004 7. Environment Committee minutes dated January 31, 2005 8. City Council Work Session minutes dated August 1, 2005 Respectfully submitted by: Janet Fitzgerald, Director Environmental Management THE CONCERN FOR THE Introduction ENVIRONMENT BY THE CITIZENS OF DENTON ECHOES HENRY DAVID Environmental protection is one of the most significant ongoing concerns expressed by our THOREAU'S 1861 community. During the public review process for development of the growth management OBSERVATION IN THE strategy and plan, citizens repeatedly questioned the existing quality of their environment and JOURNAL: the means the city could use to protect and manage it. "WHAT ARE THE NATURAL Environmental protection encompasses a host of issues: water quality, air quality, soil erosion, FEATURES WHICH MAKEA TowNSHIP HANDsoME? A habitat preservation, public health, conservation, compatible development, wetlands protec- RIVER, WITH ITS tion, retention and enhancement of urban forests, floodplain protection, open space designa- WATERFALLSAND tions, etc. Management of MEADOWS, A LAKE, A HILL, these issues is extraordi- A CLIFF OR INDIVIDUAL ROCKS, A FORESTAND nanly challenging. To suc- ANCIENT TREES STANDING cessfully address all of SINGLY SUCH THINGS ARE these issues, a holistic ap- BEAUTIFUL; THEY HAVE proach, aimed at balancing HIGH USE WHICH DOLLARS AND CENTS NEVER a myriad of values and in- REPRESENT. IF THE terests, must be utilized. INHABITANTS OFA TOWN The city is committed to a WERE WISE, THEY WOULD built environment that pro- SEEK TO PRESERVE THESE THINGS, THOUGH ATA tects the health and safety CONSIDERABLE EXPENSE,' of its citizens. FOR SUCH THINGS EDUCATE FAR MORE THAN The City of Denton recog- ANY RECOGNIZED SYSTEM OF SCHOOL nizes the need to value its EDUCATION. I DO NOT environmental resources THINK HIM FIT TO BE THE appropriately. By identify- FOUNDER OFA STATE OR ing, protecting, and pre- EVEN OF A TOWN WHO DOES NOT FORESEE THE serving those areas with USE OF SUCH THINGS, BUT significant ecological value, LEGISLATE CHIEFLY FOR further loss of our natural OXEN, AS IT WERE. heritage can be avoided. IF WE HAVE THE LARGEST Minimizing environmental BOULDER IN THE COUNTY, degradation and pollution is THEN IT SHOULD NOT an associated priority With BELONG TO AN environmental concerns reaching out far beyond our city limits, any successful program ad- INDIVIDUAL, NOR BE MADE INTO DOORSTEPS. " dressing these issues must determine the value these resources hold for our local community, our regional community, and our global community. Our responsibility lies finally to this not-so- infinite planet on which nothing less than our very survival depends. ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 W Environmental Management Policies ❑ Development policies will emphasize environmental awareness, promote the ethical use of natural resources, and encourage the preservation of native habi- tat. ❑ Environmental protection will be an integral consideration in the develop- ment of policies concerning economic growth and community development. ❑ The city will evaluate the value and function of the natural environment and identify areas with unique ecological significance. ❑ Appropriate protection measures and management techniques will be used to minimize harmful discharges directly to the environment. ❑ Site-specific pollution control techniques will be based on the environmental significance of the area and the pollution potential of the development. ❑ Environmental mitigation, or lessening of the force or intensity of develop- ments will be considered for development in areas of ecological significance or sensitivity. ❑ Development policies will establish the equitable distribution and use of natural re- sources. For example, provide floodplain and open space access as a recreational resource for the community instead of singular ownership by one person or a single neighborhood. ❑ The city will take a leadership role in shaping and implementing federal regulations and programs for air and water quality issues including stormwater discharge and erosion control. Environmental Management Goals & Strategies Ecosystem Management Goals 6 Strategies Denton will be a responsible steward of the natural environment by improving air quality, water quality, conserving resources (land, water, etc.), and reducing solid wastes. The city will con- sider environmental impacts of proposed plans, programs, and regulations and work with re- gional, state and federal agencies and neighboring jurisdictions to improve the quality of the city's and region's natural environment. Denton will develop and implement strong resource conservation programs for energy, water, native, and restored wildlife habitat areas, sensitive lands, and urban forests. Green energy will be an important component in our management programs, including conservation of electric- ity, natural gas, coal, and other forms of fossil fuels, and encouraging alternative sources of energy such as solar. Preservation and restoration of our sensitive lands and habitats requires M ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 Environmental Management strong governance. Conservation of these areas will be promoted through education pro- grams, incentives, design standards and regulations. Ecosystem Management Goals Develop conservation and development priorities by: ❑ Providing city planners and decision makers with a method to systematically identify, evaluate, and synthesize various environmental attributes. ❑ Using assigned ecological values to determine what type of growth is com- patible with each habitat area. ❑ Acquiring and preserving open spaces considered to be of high value by the city. ❑ Requiring proposed developments to protect the natural resources associated with the development site to the greatest extent possible. ❑ Encouraging "Green Builder" standards. ❑ Expanding the public education program. Ecosystem Management Strategies The City of Denton contracted with the University of North Texas (UNT) to de- velop descriptions, rating criteria, functions, and values for local and regional habitats. The objective of this ecological values project is to provide the city with a method for systematically identifying, evaluating, and synthesizing the various environmental attributes associated with a particular piece of land. The project considers ecological resources including air quality, water quality, stormwater treat- ment/flood control, recreation/trails, wildlife habitat, native species, core habitat, connectivity habitat, restoration, fisheries, municipal economic benefits, and re- habilitation needs. The city will utilize aerial photographs developed in January 2000 at a one-foot resolution to identify these areas. Once criteria and values are assigned, the city can identify what areas are appropriate for what types of development, conserving the most critical environmental resources while permit- ting more intensive development of lower prioritized resources. ❑ Utilize the extensive databases developed by the Environmental Protection Agency, the U.S. Army Corp of Engineers, the Texas Natural Resource Conservation Commis- sion, and other environmental agencies, the scientific and technical expertise of UNT and other universities, literature related to ecological valuation (particularly on the city and county government level) and develop a framework for identifying and priori- tizing various habitats. ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 t•.•x Environmental Management ❑ Utilizing this approach, development will be integrated into the natural landscape by directing it away from sensitive natural areas by applying innovative planning, design and management practices. Sensitive natural areas can be protected when develop- ment occurs in close proximity. ❑ Relate ecological values to the growth management and land use plan to determine what areas are appropriate for what type of growth. ❑ The city will develop effective partnerships with the county, other governmental agen- cies, and the private sector for the protection and preservation of important natural areas. ❑ Establish values and rating criteria for various ecological functions associated with a specific area. Rate each habitat area based on site characteristics and values of those characteristics. Develop associated geographic information system layers indi- cating different ecological values to determine the most suitable area for develop- ment. By adding these different criteria layers together, habitat value can be immedi- ately identified for any piece of property within Denton County. ❑ Make broader use of mitigation banks to facilitate market-based compensation to landowners that choose to help protect environmentally sensitive lands. ❑ Facilitate wise real estate development, especially in difficult economic times. Real estate developers and lenders need to know that certainty of approval and availability of infrastructure, rather than speculative leapfrogging, will reduce costs and process- ing time. Therefore, new real-estate developments can be brought to market more quickly and inexpensively within areas where effective plans for growth management tied to conservation and urbanized development have been created. ❑ Implement adequate public facilities requirements. ❑ Require an environmental impact analysis for development sites. For developments in areas with high ecological values (environmentally sensitive areas), require appropri- ate management practices including any necessary mitigation actions. ❑ Enhance clearing and grading requirements to minimize erosion, eliminate clear-cut- ting, reduce sedimentation, and reduce fugitive dust (airborne particles). M ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 Environmental Management The Greenhouse Effect (EPA) Air Management Goals 6 Strategies Denton will continually improve its air quality as the city grows through comprehensive pro- grams, policies, and implementation. Effective strategies will be applied to address the following issues: motor vehicle emissions, commercial and industrial pollution, wood-smoke emissions, street dust, indoor air quality, and visibility. The city shall endeavor to minimize the amount of allowable particulate emissions, as well as odorous, noxious, and toxic matter into the air. Air Management Goals ❑ Encourage public transportation systems and efficiencies. ❑ Develop policies to reduce ozone concentrations from mobile and stationary sources. ❑ Improve air quality throughout the DFW-Denton airshed. Ozone Contribution (EPA) Air Management Strategies ❑ Develop pedestrian transportation routes such as a "velo-web" to encour- age bicycle commuting and connected trails to encourage walking. ❑ Enhance public transportation alternatives. ❑ Protect existing tree canopies. Global Warming Trend (EPA) ❑ Continue to work with the NCTCOG to address air pollution on an airshed basis. o A ,,,WMW Environmental Management Water Management Goals 6 Strategies The value of tributaries and watersheds, until recently, has regrettably been overlooked. An innovative, comprehensive approach to water quality will be utilized to conserve stream corri- dors and other water bodies as natural and managed ecological systems and as critical wildlife habitat. Water quality will be protected and monitored to ensure high standards, addressing all forms of water resources such as drinking water, streams and water bodies, stormwater runoff, ground water, and wastewater treatment. Water Management Goals ❑ Preserve floodplain areas to improve water quality and maintain floodplain habitat. ❑ Preserve wetlands. ❑ Preserve stream buffers and the bottomland hardwood habitat associated with such areas. ❑ Protect the water quality of our water supply reservoirs. Water Management Strate ices ❑ Implement and enforce floodplain-zoning restrictions, including development restrictions and use of greenbelts and other low-intensity land uses. ❑ Apply comprehensive guidelines and policies to manage existing and pro- posed development adjacent to floodplains or bodies of water, to minimize im- pacts on and restore the riparian ecology and to minimize hazardous conditions associated with flooding. ❑ Expand the city limits to include the entire greenbelt corridor and 1135 project area. ❑ Acquire and preserve the 100-year floodplain and necessary conservation easements. ❑ Coordinate development of greenways and trails along the floodplain and tributaries. ❑ Use measures to minimize stormwater runoff that significantly improve environmental impacts. ❑ Limit impervious surface areas. M ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 Environmental Management Land 6 Soil Management Goals 6 Strategies Land & Soil Management Goal ❑ Encourage preservation of open spaces. ❑ Reduce erosion and sedimentation caused by development in areas with highly erodible soils. Land & Soil Management Strategies ❑ Because open spaces have been recognized as a requisite to a healthy com- munity, Denton will continue to acquire and manage land and water to preserve, protect, and enhance important natural areas. ❑ Create an integrated system of publicly owned natural areas to protect the integrity of important conservation sites, protecting corridors between natural areas, and preserve outstanding examples of our diverse natural environments. ❑ Administer a program to acquire and manage important natural areas that preserve wildlife habitat and native landscapes, while providing opportunities for education, scientific research, nature interpretation, art, fishing, relaxation, wild- life observation, hiking, and other activities which do not require a motorized vehicle. Actively protect, manage, and enhance our natural stream corridors and other waterways as natural ecological systems, important wildlife habitat, and ac- cessible recreational areas. . . . ❑ Develop creative approaches to f' conservation of other habitat and open space, such as prime agricultural land. ❑ Adopt guidelines for erosion and sedimentation controls for con- r .7.. - struction sites. v x Soil Texture Classes in Northwest Denton ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 M Environmental Management na ....r f:. :•f f :•f. ff. f a f: f . J :.1 ~C } f ::Y+ L:. x rv ::CS The Greenbelt Corridor- 10-mile hike, bike, canoe 6 equestriai wildlife trail. M ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 Parks, Recreation & Open Space Introduction U rban open-space lands may be publicly or privately owned, developed with recreation facilities or a preserved natural landscape, as small as a house lot or as large as thousands of acres. While private open space and recreation facilities are important elements of urban de- sign, this chapter addresses only the public system of parks, recreation facilities, and open space. Attractive, safe and well-maintained public parks, open spaces, and recreation facilities are essential elements of Denton's image and quality of life. If strategically placed and equitably distributed, they can provide a wide array of opportunities for both individual and community enrichment. In addition, parks and open spaces may serve to protect environmentally sensitive lands from potentially harmful effects of urban development, while preserving their recreation and transportation benefits. Parks and open spaces are places to play, to relax, to enjoy the natural environment, and to connect socially with others in the community. They can define a neighborhood and provide a cultural and historical focal point, as does Fred Moore Park. If properly designed and main- tained, parks can enhance the economic value of nearby properties. Linear open spaces can be used to knit together neighborhoods with other important elements of the city's fabric, including schools, government service centers, and commercial developments. Such lands can also serve as an effective buffer between incompatible land uses. In short, public parks and open spaces help to protect the social, economic, and aesthetic qualities that Denton values. In order to preserve these qualities, the city will continue to ex- panel its award-winning parks system as the community grows. Policies ❑ A wide array of parks and recreation opportunities should be equitably dis- tributed and accessible to all Denton residents. Park and facility locations will be determined in accordance with the parks and recreation strategic plan and the parks, recreation, and open-space master plan. ❑ Parks and open spaces should be located in or adjacent to floodplains, where possible, to aid in floodplain conservation efforts and to enhance recreation op- portunities. Such areas may be developed with recreation facilities or set aside as open space to preserve sensitive areas. ❑ The city should acquire and develop parks in combination with other public ENVIRONMENT ELEMENTS M The Denton Plan 1999 - 2020 I MPLICATIONS OF THE Parks Recreation & GROWTH MANAGEMENT 7 STRATEGY: Open Space DENTON'S POPULATION IS PROJECTED TO REACH 183,500 BY 2020, MOST facilities to provide the most cost-effective public services. Park property could be OF WHICH WILL RESIDE IN developed jointly with new schools, storm water detention basins, drainage channels, PLANNING SUBAREAS 3A, fire and police stations, or libraries. This policy should not contradict the spatial distri- 4A, 6, 7A, 8A, 14 AND 15. bution objectives of the parks and recreation strategic plan and the parks, recreation, APPROXIMATELY 2,400 ACRES OF NEIGHBORHOOD, and open-space master plan. COMMUNITY- WIDE ❑ To ensure the reasonable distribution of public parks in accordance with plan objec- PARKLAND WILL BE NEEDED, tives, residential developers should provide in their projects land for neighborhood AN INCREASE OF 1,588 parks sufficient to meet the needs generated by their development or provide an ACRES. GROWTH IN THESE alternative strategy to satisfy this demand. AREAS WILL REQUIRE ❑ The city should be responsible for the acquisition and development of community-and PUBLIC INVESTMENT IN THE ACQUISITION AND city-wide parks. PLANNING OF COMMUNITY PARKS, MULTIPURPOSE CENTERS, AND ATHLETIC Goals & Strategies FACILITIES PRIMARILY IN THE SOUTH AND FAR-EAST Distribution of Parks Goals 6 Strategies PARTS OF THE CITY. PARK DEDICATION REQUIREMENTS Distribution of Parks Goal SHOULD HELP THE CITY KEEP PACE WITH THE NEED FOR NEIGHBORHOOD PARKS ❑ Ensure the adequate and equitable distribution of parks, open space, and AS NEW SUBDIVISIONS ARE recreation facilities. PLATTED AND HOMES ARE BUILT. 10- PARK DEDICATION MAY BE USED TO ACQUIRE OWNERSHIP OF LANDS Distribution of Parks Strategies ALONG DRAINAGE CORRIDORS TO PRESERVE ❑ Complete a new parks, recreation, and open space master plan that ad- ENVIRONMENTALLY dresses public needs in all park and open space categories and meets the city's SENSITIVE LANDS AND RECREATION urban design, transportation, drainage, and environmental conservation objec- OPPORTUNITIES. tives. HOWEVER, SUBSTANTIAL PUBLIC INVESTMENT WILL ❑ Based on service standards for each park category; acquire and maintain BE REQUIRED TO UNITE THESE LANDS INTO THE sufficient land to keep pace with Denton's population growth. CONTINUOUS GREENBELT AND TRAIL SYSTEM ❑ Develop, fund, and implement future capital improvements programs consis- ENVISIONED IN THE tent with the parks, recreation and open-space master plan. GROwTHMANAGEMENT, STORM WATER, PARKSAND TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE PLAN. ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 ► TO PROVIDE EFFICIENTLY FOR PUBLIC SERVICES, THE CITY Parks, Recreation SHOULD WORK WITH THE DENTON INDEPENDENT Open Space SCHOOL DISTRICT AND OTHER SCHOOL DISTRICTS TO CONSOLIDATE LANDS FOR PARKS, LIBRARIES, Park and Open Space Acquisition Goals 6 Strategies FIRE STATIONS, AND SCHOOL SITES. To Park & Open Space Acquisition Goal ACHIEVE THE OBJECTIVES OF THE TRANSPORTATION SYSTEM, THESE FACILITY ❑ Achieve urban design, transportation, drainage, and environmental conser- CLUSTERS COULD BE vation objectives through park and open-space acquisition LINKED BY THE GREENBELT SYSTEM TO RESIDENTIAL AREAS, MAJOR COMMERCIAL CENTERS, AND THE UNIVERSITIES. ► A NEW PARKSAND Park & Open Space Acquisition Strategies RECREATION MASTER PLAN IS NEEDED TO GUIDE THE ACQUISITIONAND ❑ Identify land and easements necessary to establish a unified greenbelt and IMPROVEMENT OF NEW trails system that achieves recreation and transportation system objectives. PARKS, GREENBEL TS, AND OTHER SIGNIFICANT NATURAL AND HISTORIC ❑ Identify significant scenic, historical, and environmentally sensitive lands, and RESOURCES. THE MASTER determine strategies to preserve them. PLAN SHOULD BE COMPLETED AND ADOPTED IN 2000, AND SHOULD BE UPDATED AT LEAST ONCE EVERY FIVE YEARS. ► THE RAPID GROWTH OF CORINTH AND OTHER SURROUNDING COMMUNITIES MAY PRESENT OPPORTUNITIES FOR COOPERATIVE VENTURES WITH DENTON AND SHOULD BE MUTUALLY EXPLORED. ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 Parks, Recreation & Open Space Financial Effectiveness Goals 6 Strategies TRENDS MUST BE RECOGNIZED IN PLANNING Financial Effectiveness Goal THE TYPE & LOCATION OF PARKS & RECREATION ❑ Ensure the cost-effective provision of parks, open-space, and recreation fa- FACILITIES & SERVICES: cilities. SERVICE DELIVERY & LOCATION SHOULD BE INFLUENCED BY THE NEEDS OF SENIORS FOR SOCIAL ACTIVITY THAT IS AFFORDABLE, CONVENIENT d Financial Effectiveness Strategies ACCESSIBLE. DESIGN FACILITIES & ❑ Working with city departments, area school districts, and developers, identify SERVICES TO MEET THE opportunities for clustering multiple public functions with parks and recreation UNIQUE NEEDS OF ALL POPULATION GROUPS. facilities into neighborhood service centers. Develop appropriate planning poli- ► PARKS & RECREATION ties, development regulations, and implementation strategies. SPACES WILL BECOME MOREIMPORTANTAS ❑ Research the need for and feasibility of developing specialized parks and ELEMENTS OF AIR & WATER POLLUTION MANAGEMENT recreation facilities that can function as profit centers, which reduce the depen- AS WELL AS AN IMPORTANT dency on property tax revenue and generate profits to underwrite other recre- TOOL IN BUFFERING ation facilities and services. INCOMPATIBLE LAND USES AND CONTROLLING URBAN SPRAWL. lp~ THE DEMAND FOR UNIQUE, MORE COMPACT & INTENSE EXPERIENCES MAY RESULT IN OPPORTUNITIES FOR "PROFIT CENTER" Responsiveness Goals 6 Strategies FACILITIES. 10~ CHANGES IN FAMILY Responsiveness Goal STRUCTURE, EMPLOYMENT, TECHNOLOGY & OTHER ❑ Ensure that future parks and recreation improvements are responsive to the FACTORS SHOULD BE changing needs of Denton's citizens ACCOUNTED FOR IN PROGRAM & VENUE DESIGN. PP. AS IMPROVEMENTS ARE FUNDED, IT IS CRITICAL TO CONSULT WITH THE APPROPRIATE STAKEHOLDERS REGARDING DESIGN & LOCATION OF PARKS. ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 Parks, Recreation & Open Space Responsiveness Strategies ❑ Periodically survey the wants and needs of Denton's citizens for their parks and recreation system. Incorporate this information into revisions of the strate- gic plan, annual action plans, and updates of the parks and recreation master plan. ❑ Update the parks, recreation, and open-space plan at least once each five years. Park Classifications & Standards Open Space Preserve ❑ No standards apply. Land acquired and managed in accordance with land use, preser- vation, environmental, and urban design objectives. Urban Open Space Service Standard ❑ None Size ❑ Typically 2,500 square feet to 1 acre. Service Area ❑ Immediate area, less than 1 /8 mile radius. Public or private park. Typical Develeopment ❑ Used to address limited, isolated or unique needs. ❑ Typically for passive use, may include very limited recreation. ❑ May include squares, plazas, gardens, urban pavements, formal spaces such as foun- tains and public art, and may be at the intersection of streets. ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 M Parks, Recreation & Open Space L INKAGES & G REENWAYS' 110~ SERVICE STANDARD: NOSTANDARD 110~ SIZE.' . NO STANDARD llp~ SERVICE AREA: TYPICALLY LINKS SEVERAL } NEIGHBORHOODS. IDEALLY SERVES THE -ERVES r ti• ENTIRE JURISDICTION llp~ TYPICAL DEVELOPMENT.' HARD & SOFT SURFACE TRAILS FOR HIKING, BIKING, SKATING, . HORSEBACK RIDING. CONNECTS NEIGHBORHOOD AREAS TO SCHOOLS, PARKS, CIVIC BUILDINGS, OTHER COMMUNITIES NEIGHBORHOOD PARK: 10- SERVICE STANDARD: 2.5 ACRES PER 1,000 RESIDENTS k• .r i.• • 1 SIZE. TYPICALLY FROM 5 TO 20 r° ' ' ' ACRES,' MAYBE LARGER DEPENDING ON NATURAL _ - FEATURES& TOPOGRAPHY ti llp~ SERVICE AREA: I12 MILE - - - - - - - - - - - - - - - - llp~ TYPICAL DEVELOPMENT.' PLAYGROUND, PICNIC V-0 AREA, COURT GAMES, TRAILS, MINIMAL PARKING. AT LEAST 50% OF THE SITE IS SET ASIDE FOR PASSIVE RECREATION A C TI VITIES A ND Z OR CONSERVATION AREA. OFTEN LOCATED NEXT TO ELEMENTARY SCHOOLS . . . . . ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 Parks, Recreation & Open Space COMMUNITY PARK: 110~ SERVICE STANDARD. 3 ACRES PER 1,000 RESIDENTS 110~ SIZE.' TYPICALLY 30 TO 50 ACRES,' MAY BE LARGER DEPENDING ON CONSERVATION AREAS llp~ SERVICE AREA: 2 MILES llp~ TYPICAL DEVELOPMENT.' SERVING SEVERAL NEIGHBORHOODS, THESE PARKS INCLUDE "DRIVE TO"RECREATION. . . FACILITIES, AS WELL AS FACILITIES FOUND IN " ' . NEIGHBORHOOD PARKS. ^ • ■ ti~- ~ RECREA TION-MUL TI- . ..L PURPOSE CENTERS, ' COMPETITIVE SPORTS FIELDS, & SWIMMING :):z POOLS. MAY SERVE AS THE "TRAILHEAD "FOR COMMUNITY-WIDE GREENININAY SYSTEMS CITYWIDE PARK: "f 10- SERVICE STANDARD: • s • • = 7 ACRES PER 1,000 • ; ~ . RESIDENTS 10- SIZE.' 50 ACRES PLUS, ~w-~t!~+!~!w y~y!-~f:::~•#r! . TYPICALLY SEVERAL HUNDRED ACRES e. "+r 11P. SERvICEAREA. I, ENTIRE JURISDICTION &'tia W BEYOND 11P. TYPICAL DEVELOPMENT.' UNIQUE, "ONE-OF-A-KIND" FACILITIES, SUCHAS j;: GARDEN CENTERS, WATER PARKS, OUTDOOR THEATRE, CIVIC CENTER, r ° ~a FITNESS CENTER, MODEL ~'~i~~•-: AIRPLANE FIELD, MUL TI- r':I FIELD ATHLETIC COMPLEX, " r-rsk Y 'D NATURE CENTER, LIKELY TO INCLUDE SIGNIFICANT CONSERVATION AREAS ENVIRONMENT ELEMENTS The Denton Plan 1999 - 2020 nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn x, uvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuv uvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvv uvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuv uvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvv uvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuv uvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvv nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn, Parks, Recreation and Beautification Board Water Works Park April 5, 2004 Members present: Jo Kuhn, Geri Aschenbrenner and Reginald Heard. Staff present: Janet Simpson, Bob Tickner, Emerson Vorel, Janie McLeod, John Whitmore and Lancine Bentley. Vice Chair Jo Kuhn called the meeting to order at 6:00 p.m. Awards and Recognition - Janet announced that the department had been presented with three awards from the state TRAPS conference. Approval of Minutes - Minutes were approved as distributed with one correction. Under Discussion Item - Civic Center Concept Plan - in the second paragraph first sentence read: "She added" and should read "He added". ACTION ITEMS Open Space Master Plan. No action taken due to a lack of quorum. Consider a Request from Metzler's Restaurant to Sell Alcohol Beverages at Cinco de Mayo. It was the consensus of the Board members present to allow staff to conduct a poll of absent members on this item. Janie McLeod polled the Board and received unanimous approval for the sell of alcohol beverages at Cinco de Mayo. DISCUSSION ITEM Lake Forest Concept Plan. Bob reviewed the concept plan map and the comments from the public meeting held on February 2e at Lake Forest. The long-range concept plan includes unlighted athletic fields, recreation facilities, tennis courts, picnic and play ground facilities, a dog park, and nature and jogging trails. He said there were about 50 citizens in attendance. Bob added that there were no negative comments about the Dog Park being located in this park but that the residents did say that they did not want lighted athletic fields in the park. There were concerns expressed about the traffic flow on Ryan Road and the current entry location of the park might contribute to more traffic problems. Bob told the residents that issue would be addressed. Bob said the Concept Plan would be brought back to the Board at a later time for the Board's formal approval. DIRECTOR'S REPORT Staff Presentation on Keep Denton Beautiful - Lancine Bentley gave an overview of the Keep Denton Beautiful history, activities, the three main areas, and their committees. Project Status Report. Bob said the skate park bids would be presented to City Council on Tuesday and that the skate park should be operational by the end of June. Keep Denton Beautiful Report - There were no questions on the distributed report. EXHIBIT 4 Items for Next Meeting - Open Space Master Plan. There being no further business, the meeting was adjourned at 6:50 p.m. Parks, Recreation and Beautification Board Minutes American Legion Hall May 3, 2004 Members present: Geri Aschenbrenner, Teresa Andress, Dale Yeatts, Jo Kuhn, and Chuck Smith. Members absent: Ross Richardson and Reggie Heard. Staff present: Janet Simpson, Bob Tickner, Janie McLeod, Emerson Vorel, and Ken Washington. Others present: Jane Malone, Anna Broderick, Hal Evans, and Jim Avera. Chairman Teresa Andress called the meeting to order at 6:00 p.m. Awards and Recognition - The Park Operations staff was congratulated for their work on making the Denton Arts Festival and Cinco de Mayo successful events in spite of the poor weather conditions. Approval ofMinutes - The minutes stood as distributed. ACTION ITEMS Consider a Recommendation to Endorse the Denton Open Space Master Plan. Janet reminded the Board that the Open Space Plan had been brought before them at the March meeting and they directed staff to bring the Plan as an action item before the Plan goes before Planning and Zoning and finally to City Council. Jo Kuhn made a motion to recommend the Denton Open Space Master Plan to the Planning and Zoning Commission. Dale Yeatts seconded the motion and it passed unanimously. Consider a Recommendation to Approve the Lake Forest Conceptual Master Plan. The Board requested this item be brought back as an Action Item at the June meeting. Consider a Recommendation for a Chapter 26 Use of Park land at the New Briercliff Park for Purposes of a Public Street. Bob reviewed the plans and maps for the development of the Briercliff Park. He said that the City Engineering Department has requested the use of 0.546 acres of park land for a new street right-of-way in order to construct a new roadway to avoid a floodway. After the land was purchased for the street, detailed engineering determined the right of way needed to shift to the North to avoid major modifications to a small pond and the stream channel. Geri Aschenbrenner made a motion to allow the construction of the new proposed Unicorn Lake Boulevard onto a 0.546 acre strip of Briercliff Park. Dale Yeatts seconded the motion and it was unanimously approved DISCUSSION ITEMS Receive a Report and Discuss the 2005 Capital Improvement Program. Janet reviewed the process that the Parks and Recreation Department staff used to develop a preliminary list of park and facilities needs, including the 2000 Denton Parks and Recreation Master Plan, individual park master plans, service and program demand and citizen input. Janet stated that as the process continues the board would have an opportunity to comment and offer suggestions for the future bond program. DIRECTOR'S REPORT Staff Report on the Denton Youth Sports Association. Representatives from various sports organizations gave reports on league participation and anticipated growth in their programs. Jane Malone with the Denton Soccer Association reported a total of 1,545 participants with 147 teams. Jane added that the number of participants could double in the next 10 years. She discussed the need for an indoor soccer facility and that more outdoor practice fields are needed. Anna Broderick with Denton Girls Softball Association reported 268 players with 65 select players making a total of 23 teams and six select teams. Anna said within the next five years there could be 40 or more teams. Hal Evans and Jim Avera with Denton Boys Baseball, Inc. said that they had 960 players with 83 teams and that they play games every day of the week except for Wednesdays and Sundays. They expected their numbers to double within the next 10 years. They stated that more practice fields are needed. Ken Washington, Athletic Coordinator gave a presentation of the responsibilities and duties of the athletic manager position. Customer Requests Bring Changes at Water Works Park for 2004 Season. Janet reviewed the distributed press release regarding the new prices for Water Works Park. CCA Update. Janet provided an update on the annual testing for arsenic levels in the wood at Eureka playground. In addition to testing, staff has placed precautionary and informational signs at the playground and on the department's website. Project Status Report. Janet commented that the contract for the renovation construction for the Civic Center would be on the May 5th Council agenda. Keep Denton Beautiful Report. There were no questions. Items for Next Meeting. Lake Forest Conceptual Master Plan and the 2004-05 Budget. There being no further discussion, the Vice Chair adjourned the meeting 7:16 p.m. City of Denton Planning and Zoning Minutes NOVEMBER 10, 2004 After determining that a quorum was present, the Planning and Zoning Commission convened a Work Session on Wednesday, November 10, 2004 at 5:30 pm in the Council Work Session Room at City Hall, 215 E. McKinney Street,. Denton, Texas at which time the following items were considered: PRESENT: COMMISSIONERS NOBLES, WATKINS, STRANGE, POWELL, AND ROY. ABSENT: COMMISSINERS HOLT AND THIBODEAUX. 1. Receive a briefing and hold a discussion of items listed on the Consent Agenda. 2. Receive a report and recommendations from the Open Space Sub-committee regarding the Open Space Master Plan (SI04-0015, Virgil Strange, Subcommittee Chair). 3. Receive a report, hold a discussion, and provide staff direction regarding solid waste and recyclables service and storage facility design criteria guidelines. (5144-0020, Vance Kemler, Solid Waste Director) 4. Continue a discussion, and give staff direction regarding amendments to the Development Code related to townhouses. 5. Hold a discussion and consider actions to be taken as a result of the quarterly review of the Development Code. After the completion of the Work Session, the Planning and Zoning Commission convened a Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which was held on Wednesday, November 10, 2004 and began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: PRESENT: COMMISSIONERS NOBLES, WATKINS, STRANGE, POWELL, AND ROY. ABSENT: COMMISSINFRS HOLT AND THIBODEAUX. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. CONSIDER APPROVAL OF THE MINUTES FOR OCTOBER 13, 2004. Commissioner Roy moved to approve the minutes. Commissioner Strange seconded. (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes) (Page 1) Motion carried 5-0, Holt and Thibodeaux absent 3. CONSENT AGENDA: Staff recommended Approval or Denial of the following items because they either do or do not meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approval or denial and authorizes staff to proceed with removing these items from further consideration. The Planning and Zoning Commission has reviewed these applications and had an opportunity to raise questions regarding these items prior to consideration. CondenveItyx Pnga 41 Page 43 1 If therm = no mart spookem at 06 time 1 open tgwo taste plan. And vm bava summarized thane in a 2 I wAl cim the public hearing. And legal tolls me we 2 manorattduat. And rvs'il ask that this memorandum be 3 don't haver to hold a voso on Poet, so we won't vose on It. 3 inchidod with do plans that goes to councnl. And I can d 1 know enough to do what legal tolls me. 4 read those if people in tine audimm love not dept S We'll Q= go to 6A, adoption of an open 5 privileged to the memmaudum. 6 space master plan. Janet Simpson. 6 Nnmbcr onc, we would remove the specific 7 Ms. SttdMN. good evening, M. Cbairaw, 7 sks listed in thepriaeitice location section of the and members of the Planning and Zoning Commisesim. My 8 plan. 9 anent is Janet Simpson and I'm the Dittrctar of the Parks 9 Number two, clearty Wm fy and 10 and Remeation Department and tonight I'm not only to distingulsb betwotrt roso nres and areas to beprosectod on 11 rcptsaotft tine Paters and Recreation Department. but a 1 I open Spam nape. !2 number of departments that have been involved in the 12 Number three, consolidate opoo spwm and 13 deve3"umt of the Opal Space Maxtor Plan, inehAng parks 13 to use areas or multipie user corridors for the s&W of 14 and etcraWon, but also pletning and dcvdppment, 14 eftieucy. is etginimaing dcpwurn- tand the water 40p uTfamt. 15 Number four, WW or title the document as 16 7be open space master pbna was pnaealed to 16 anopw space concept plan and coordination tool. 17 P & Z back in May of 2004. And because we did work 17 Number fnvc, parks amt recreation staff in 18 sessions and presented that in detail at that dot, I'm 18 co*mction with other city department, study the 19 not going to go into a lot of detail of do rgx)rt as I 19 fb asibilky of mgAa 6ng an open space and trail 20 did in May. 20 dodicam requitement for new subdivisions to connect and. 21 But for the last few months than has boat 21 provide acatas linka®os Where appropriate is areas wbem 22 a suk4mmitsec oat was appointed by 1bo Planning and 22 there is a plan or proposed neawodrin plat and to 23 Zoning Commission to study the opal space masks plan, do 23 wmtify inoantives. 24 some additional analysis and study soma Insuea that wow 24 Number six, m word tbo implesnontation 25 diteactod by ft Planning and Zoning Commission. And with 25 geelatique section of the tend - of a plan - lttod Psg+e 42 Page 44 1 tba input from that subc ommitim staff bas conducteda 1 p utectiort tools and sochnigm. 2 gFm deal of research and done analysis and has also 2 Number wvem, catablish a fivv-yvar action 3 devdoped a redwr exte nswe mapping systeari tlmt is going 3 implementation pion. 4 to be a va noxhis coordinatim tool, not only for rho 4 And tttwnbe r eight, dente a d eff position 5 Plattn* and Development Departanectt, but I think as a. 5 to saw as a taster plan com4inator in order that we can 6 coordination tool for the: entire city to use as 6 achieve this open spew masks plan. 7 dcveloptttrtst eonunttcs to occur. 7 COMCtlISSI wn POWs LL- Thank yet, Mr. 8 In your staff report, you'll find the 8 Stange. Yet, ma'am- 9 subcommittee's recor nmesdstiett. And at this time, I'd like 9 In that case, I will open the public 10 to dofar to Commholotrer Straw and allow him to mdw - 10 bomtt►g. And wt; haves two people who wish - who have 1 l prmemt the recommendation from thesubcommi3m. I I Sweat us cards who wfsb to speak. First one is Mr. 12 commtmtf1mm m mm Thank you. We have 12 Randall Stith folLawod by Mr. Ed Wolski. 13 as a the subcominime worked on this since Jun rho 13 Mr. Wolski, if you'd come down bare. Mr. 14 1 lth with theta meetings. In the meantime, we were 14 Smi* you come up and speak, sir. Is waking with staff on the mopping plans. 15 mx mats: You memdonod me first. I 16 Our tyco on is do we want to make 16 tbOt & I was 17 that recommendation now or are we just going to outlim 17 CoMMMWNM row=.j- 7t at's WWI want, 18 wbat vast did? l8 you Rest, and Mr. W&W would enema on down to a erase 19 COMMISSIONU POWE L why don't you do what 19 chair. so vft can get him up h=. Yea, sir. Give us your 20 you think is beat: 20 tna o and address. 21 COMIMMIOM 8 STRJ WK- Okay. Welt, WWI 21 tut. sit m#- tar. 0amnan sad mmnbert of the 22 think is best would be to consolidate Our otr mnents to say 22 Commission. My name is Randall Smith, 829 Teatwood 23 that after our meetings and reviewing the plat, wt want to 23 Circle, Flow Mound 73028. I just wanted to tome down 24 move this opw spa= plea ab* to rho City Council. And 24 hero sod say I don't we do need for this open space 25 we have tight recommminfions drat we wish to go wilt the 25 plan. We've gota Development Cods. It mquires open kANNMG AND ZOMNO MINITM 190 M ER 14, 2004 Page 41 - Page 44 Cande~ltleitt" Page 45 Page 47 1 space dedication. It =Wm pant dedication, numavus 1 of ttst wee tn®ets or greaw of commercial land for open 2 other requumna its. You know, this plan seems to target 2 space. That's - commercial halts should be commercial. 3 out mostvahmblo properties, those being the ones along 3 The open spa= doesn't pay tax. Tmo apace doesn't pay 4 our major frw"ys and roads. 4 tax. Flood plain doesn't pay tax. If yew have a 5 And it specifically mentions tuugaiutg 5 commercial development, commercial buildings pay a lot of 6 cowmerciai trots gre a w than ten acres. if they've got 6 taxes and that's going to be - that will be good for the 7 babitat on than. I meta, with all of the pnobiew wen have 7 c€dzetts of Denton. It will be loss taxes that they have 8 as a City, and especially with the school district, with 8 to pay, 9 the large amount of tax exempt property in, our city and 9 In summary, I'm opposed to the City taking 10 community, do we really want to talon powWally our mod 10 open spam tree space and flood plain especially at 11 productive UxVmerating property and make it open space? 11 commercial shes. Thank you. 12 Lmeaut, because that's what we're going to be doing. And 12 coaeMtsstex neu POWELL: or. Wolski, I didn't 13 as a taxpayer. I don't want this to happen. 13 ask you for your name and add=s. Wattle you gm that to 14 I meant, this is not only going to have the 14 us, please? 15 effect of incrrnefitg the property tax burden on existing 15 na. wot sea: okay. My as= is P.d' WoML 16 taxpayem it can also reduce the values of those 16 and I live at 2103 Holly Hill. 17 pr aye rties that are tar ow& It's going to send a very 17 coral POWEL . Thank you very much, 18 strorng Native message to the investment and d-vdopownt 18 sir. I'll ask for a rebuttal fro®r staff, if dhee is one. 39 comamuity in this mdMkat. The message is don't come to 19 i1dr. Strange would like to make, one, perhaps. 20 Denton. Don't develop property in Denton becagsc you've: 20 oatttMrsatorrax sntwnd L WOL I would lilac 21 passed do Devdopment Code and yonve talm the food 21 to say that we appreciate your comments and one of the 22 plain. And move passed a tree ordiaatux~, we've taken the 22 tltittgs that we discussed back in our June and July 23 treas. Okay. Now, we've got whets lofland that's die 23 auvwigs wma the very items that you bring up about 24 open spare. We're going to take that, too. 24 removing land from the tax rolls, creating burdens on 25 I moan you're taking the refamm to 25 property owners end taxpayers. Some of the Page 46 Page 48 1 specific ptnpeties apparently out of the Code, but 1 t+ocotrtntendatloms we made in our wanorandurn aft mviewing 2 there's going to be a map out thar+c that's going to show 2 this were made to sieve those things that you just tal>ced 3 these properties because I mew if you've got a waste 3 about, Item 3. particularly was to consolidate these open 4 plan or concept, you'vo got to have something that shows 4 spaces into multiple use corridor so that if we have a 5 what it is you're tar ting, The fact that that map is 5 need fora pedeshia r tra11. and then three blocks away we 6 ow there is going to destroy the values of those 6 have a need for a talon trait as theta toaster plans 7 properties. 7 coatd€naW Ow they can be avcrIatd. So as wen plan for 8 And I think it's a very I think it's the 8 the fuum we can make, the most efficient use out of the 9 wrong way to go about it. I think we`ve got enough 9 land tbat wee do have hens 10 incentives in the Development God- I think the 10 And as was m-noosed by Ms. Simpson, the i I Dovelopmatt Code is very toga. It imposes stringent 1 I staff did a pbono petal job creating a planning tool for 12 requurments an developers. And I think we ought to give 12 the City to use. One of our reaom mandations is to have 13 it an opportunity to work and I'd appreciate your 13 sonic staff person that will sexva as a coordinator among 14 consideration. Thank you. 14 all of the departments, so tbat as we look to the future 15 aosmMm536~*u PoweL - Thank you, Ivlr. Sm& 15 and look to open spam we only acquire what we need to 16 Dr. Wolski. 16 and we acquiro it effkkntiy and we do so at a time that. 17 tae. woLm mr, C hairtr+mt, members of the 17 ft`s in the best inunst of all the degw ttents of the 18 Con unissiom, rut concerned about she spent space pan. Tlz 18 City. 19 City will be taking open space. They've tal= tree space. 19 So we share your concerns. That's the 20 They've taken flood plain and the indhidual htrtdowner is 2D reason that we looked at it and bane been studying it 21 left to pay taxes and to maintain everything. The other 21 :lace Tune, and have attired the staff to come up with this 22 thing is about the plants. Tbere's a huge burden on a 22 cocyrdutaosive planning tool and that's the reason that we 23 few residents for thts beuacfit of the rest of tb- cKmcns 23 we making our roconunendmiat with flit proviso that - or 24 of Denton, which I don't think is fair. 24 recommendation that some of these things be addressed at 25 The I'm also concerned of the tvp;ling 25 the City Council lavti. So appreciate your comments and. PLANM N4 AND ZONING MUTCITD;'S NOVEMBER 10, 2004 Page 45 - Page 48 CmdonwIt"' Page 49 Page 51 1 again, I can dell you, dint's do room that we tools a I at consolidated area of land rather than pixtm ding a 2 while to sway this. 2 lot here and there, small lots. 3 aoarAsstortBR FOVMA rve gotten a hat 3 GOMMiSSHWU ROY: But we are looking at 4 that Mr. Bussed would like to spears on this issue. If 4 this particular paragraph, tort acres or snore if it 5 you'd give as your name and address, sir. 5 contains water-relattd or upland habitat: is that correct? 6 m& eussu[ u my mane is Allen Bussoll. I 6 Ms. sIMPSON. That's how I see it, yes. 7 live at t668 Amanda Court, Ponder. I do a lot of stuff in 7 COMA mioNu ROY. Thank you. 8 town, you guys know. With the s atdadona, the 8 COMMMIONER POwf°..1.L.: if I might further 9 amondmants to the plan, I think it's a groat idea after 9 oonmxnt on that, if there's no one else ready to. It says 10 talking with the Mayor and Wkmg about adding value to 10 as a general rut, all commercial intensely tuned parcels 1 h promlics. We also - with that; we have to un&rstand I I grottet that[ tell a= in she that conWn either 12 that nave and mom we're going to have mixed use 12 water-related or upland habitat should be examined for 13 dcveloptents. And if we don't connect there tan spaces 13 potential protection through either acquisition or 14 and have a eomprehensivv plan and a coordinated plan to 14 casements. This would appear to me the way it's worded, 15 connect tboso mated uses to each other, wVm going to 15 to put a black mark on any piece of land more than ten 16 have a bodge-podgy of scpavod designs that don't work 16 area that's got wder on it. 1? Weil togethr. 17 I'm asking for staff to help me here 18 So I clinic it's a - I think it's a groat 19 because that's how I read this. 19 step forward. As a recornmendadon I would as we bons to 19 MR RRICIiIIART: what it's saying, thotngh, 20 adding a site plan review for developments is to add a 20 is that first, you have to identify these areas, then 21 ehck - clack mark to comfi wee or to at hart look at 21 you have to examine them to tree if they ate potential 22 the trail system as we go through our lists pbms to maim 22 properties for acquisition or easements. It doesn't say 23 sure avoryttni % is cmrdinatod loeg-ttxm and that we don't 23 that we go out and extort the easement. I mean, there's a 24 forges it half way through the process. 24 number of took to use in order to acquire that property 25 ooMMrsstomm eowta.r.r Thank you, sir. 25 for the open space, tither acquisition. We've purchased Page 50 Page 52 1 Anyone else like to speak on this ism? If that's the 1 the property. It's ours. We're going to maintain the 2 case, no other speakers. I'll closq the public hearsag, 2 open space or to work with the dmk*w and other 3 and So to 11dr. Roy. 3 purchase an open space t or a conservation eatnetneat 4 com mstortutt ttalr: I'd hike to get 4 or saes oto n=banism in eider to acquire [hurt into the 5 clarification fraun Ms. Sinupsorn about this tan-acne silo. 5 open space mmmer plan. 6 I don't understand it the way dint som of the speakers 6 It doesn't say each area is going to be 7 have commented of it. My copy and I believe this was an 7 black-barked and has to be pat of this open space master 8 early My it's the only erne that's available says that 8 plan. It's patting the onus on us, I drink, to start 9 the tart acres dzt would be entrained for potential 9 oundamg these areas, start idenWag the critical 10 protection would be those that are either waterdated or 10 an= and start going out and purchasing those areas, and 11 contain upland habitat. Is them sonic dif aura I 1 acquire dean for the open space master plan. Without a 12 decision on that point? 12 plait to do that, what arras do we look at, what piece of 13 nos, stbesw can you share with me what 13 property do we look at? And this is identifying those 14 page you're on? 14 large arras that have upland habitat or waiar!rclawd is commmsiom Roy: art on pass 19, left is features. 16 colurnn, large sits cwtaini ng babim The spealmn ,teat 16 And at the same time, it doesn't mean drat 17 to indicate that all large sites, ten acres and above 17 we wouldn't Oven look at prairie land or just open spree 18 would be at risk for docrat Ling as open space. But this 18 land. But this is putting a lido bit more credence to 19 paragraph indicates that there is a reahction. 19 those that have water-[dated habitat and open space or 20 Ms, sursom Right. My interpretation of 20 upland habitat. accuse me. And as a plan, these are the 21 this is that the concern was for the protection of the 21 aura we need to look at first. 22 upland habitat or area that were wake-reNted posn'bly, 22 commrsstottsa rowm Thank you, sir. 23 flood plain areas, flood way, fatally sensitive 23 UNd has a conuncut hut. 24 attar. And my sense is that the rvcom=ndadaa related to 24 ms.mt umm t believe gat Mr. Rciclftrt 25 parces tat acres or greater are related to looking again 25 covered all of the areas that I was going to addrosa, and PLANNING AND ZONING MINUTES NQVf M Mt 10, 2004 Page 49 - Page 52 f Condeaseit"` Page 53 Page 55 1 I wauld just b1m to mention that currartly in the l plan. You can't do it. Tlxrc's no rogulations to that 2 Development Co& we shady bave these rogairtnaft and 2 effect, 3 this is just a motbod of putttng a priority on areas that 3 CONCH s ONU eoweu.: t know I'm att anpting omdataczt' Pap 57 s Page 59 1 City, but 1 x tho first time I soo that flee City aught 1 2 spend tax dollars or some kind of dollars and actually 2 3 purchase the land. And I assure that thoy have to do that 3 4 throagb legal proce&= and I guess that would be 4 5 cmWeaxnation or whatever it would be. 13efom it looked 5 6 lilae, it wits all just Ong to be dmppod in our lap, and 6 ` 7 the wbole would would smile, and golty, we'd have all of 7 8 this open land given to us. And I don't think that's ww 8 9 going to happen. I think if the City wants it, they're 9 10 going to hove to buy it. It's just my opinion, 10 11 And I'm still not cornfotable with ft. It 11 12 just bothers me. It bothers me the same as it did the 12 13 folks in the audience but maybe not to the lama extent 13 14 because I've; had a little mom History with it, and I know 14 15 the bistory that Mr. 5traaga has bad with it, and 1ldr. 15 16 Watkins at meetings Qtat I should have attended and wasn't 16 17 able to. If tbo e's no oan comments, l'll call for a 17 18 vote Seeing no others, we'll call for a vats. Motion 18 19 passes 5-0 of those pre=(. 19 20 20 21 21 22 22 23 23 24 24 25 25 Page 58 Page 60 t 1 2 2 3 3 4 4 5 5 6 6 7 7 B 8 9 9 10 10 II 11 12 12 13 13 14 14 15 13 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 23 PLANNING AND ZONING MMUrES NOVEMBER 10, 2004 page 57 Page 60 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO: PLANNING AND ZONING COMMISSIONERS FROM: OPEN SPACE MASTER PLAN SUBCOMMITTEE SUBJECT: OPEN SPACE SUBCOMMITTEE REPORT AND RECOMMENDATIONS (SI04-0015) DATE: NOVEMBER 10, 2004 In January 2004, the Environmental Committee of the Denton City Council requested that Parks and Recreation staff bring the Open Space Master Plan to the City Council for consideration. The plan was presented to the Planning and Zoning Commission in work session on March 10, 2004 and April 14, 2004. The Planning and Zoning Commission held a public hearing on May 12, 2004, and at this time, the Commission formed an Open Space Subcommittee to review the plan and make a recommendation to the full Commission. The Open Space Subcommittee has met on June 11, July 8, and November 4 to consider the Open Space Master Plan. At the July 8 meeting, the committee requested that the master plan data be made available digitally and staff has been working on this request. Primary considerations included whether or not open space in Denton is already protected through other officially adopted documents, applicability of scenic corridors and time-frames for acquiring or protecting the open spaces identified in the plan. The Subcommittee reviewed and discussed this data at their last meeting and concluded that the digital mapping allows comparison of the master plans of a variety of city departments and their effects of these on open space, and the ability to coordinate open space in a more efficient and effective manner. The Open Space Subcommittee recommends approval of the Open Space Master Plan with the following conditions: 1. Remove specific sites listed in the "Priority Locations" section of the plan; 2. Clearly identify and distinguish between open space resources and areas that need to be protected; 3. Consolidate departmental master plans to develop open spaces into use areas or multiple use corridors for the sake of efficiency; 4. Re-title document as Open Space Concept Plan and Coordination Tool; 5. Parks and Recreation staff, in conjunction with other City Departments, study the feasibility of implementing an open space and trail dedication requirement for new subdivisions to connect and provide access/linkages where appropriate and in areas where there is a plan or proposed network in place, and identify incentives; 6. Reword "Implementation Techniques" section as Land Protection Tools and Techniques; 7. Establish a Five-Year Action/Implementation Plan; and 8. Hire a Master Plan Coordinator to achieve Open Space Master Plan. EXHIBIT 6 I AGENDA ITEM #1 2 3 4 DRAFT 5 CITY OF DENTON ENVIRONMENT COMMITTEE MEETING MINUTES 6 January 31, 2005 7 8 After determining that a quorum of the Environment Committee of the City of Denton, 9 Texas was present, the Environment Committee convened into an Open Meeting on 10 Monday, January 31, 2005, at 3:30 p.m. in the City Council Work Session Room, City of 11 Denton City Hall, 215 East McKinney Street, Denton, Texas. 12 13 PRESENT: Mayor Pro-Tem Perry McNeill 14 Councilmember and Committee Chair Joe Mulroy 15 Councilmember Jack Thomson 16 17 EX OFFICIO MEMBERS 18 Howard Martin, ACM Utilities 19 Jim Coulter, Director of Water Utilities 20 Kenneth Banks, Water Resources Program Manager 21 Katherine Barnett, Utilities Special Project Coordinator 22 23 ALSO PRESENT: Kelly Carpenter, Director of Planning 24 Janet Simpson, Director Parks and Recreation 25 Dave Wachal, Water Utilities Coordinator 26 Gary Calmes, Utilities Finance Administrator 27 Kiersten Dieterle, Public Information Manager 28 Dedra Ragland, Comprehensive Planning and Research Manager 29 Larry Reichhart, Assistant Director Planning and Development 30 Dottie Palumbo, Sr. Assistant City Attorney 31 32 The Environment Committee convened its Open Session at 3:42 p.m. Committee Chair, 33 Joe Mulroy, informed the Committee that there were six agenda items for consideration. 34 35 ITEMS FOR INDIVIDUAL CONSIDERATION: 36 37 1) Consider approval of the Environment Committee meeting minutes of: 38 39 a. November 8, 2004. 40 41 The minutes were approved as circulated. 42 43 2) Receive a report, hold a discussion and give staff direction regarding 44 information requested by the Environment Committee addressing gas well 45 development within the City of Denton as it relates to: 46 47 a. Location of gas pipelines to include gas well sizes and paths 48 b. Effects of tree preservation ordinance on gas well development/gas 49 transmission lines 50 c. Financial impact of gas well drilling 51 d. Mineral rights vs. surface rights 1 1 2 Martin stated that this item would have several presenters, Kenneth Banks, Larry 3 Reichart, Dottie Palumbo and Gary Calmes. 4 Kenneth started out talking about (2a) location of gas pipelines to include gas well sizes 5 and paths that was a request from the last meeting. We have used the data that was 6 provided by the Railroad Commission, Banks pointed out that there is a substantial time 7 lag. The information that we were able to get was released October 2004. Due to this, 8 there is a great possibility that the GIS does not reflect what is actually on the ground at 9 this time and should be considered as preliminary only. Banks pointed out on the 10 presentation that the pipelines are divided by sizes. There is a small pipeline proposed 11 that would be near Research Blvd. area. We have also received, since the creation of this 12 map, a preliminary proposal of a larger gas pipeline that would extend from the Hickory 13 Creek basin through the Rails to Trails all the way to TWU to capture from the well site 14 at that location. McNeill ask if this pipeline would be for a single well. Banks stated the 15 pipeline would be new, but it wouldn't be accurate to state that the pipeline would be for 16 a single well only. More wells will tie on to it. Mulroy stated that there would be at least 17 two wells on the TWU golf course. At this time, Banks asked for questions regarding 18 this item. Thomson asked why some are wells are plugged. Banks said there could be a 19 variety of reasons that a well could be plugged. The most common reason would be the 20 gas well is simply no longer viable and has been shut down. McNeill ask the difference 21 in a plugged well and a shut in gas well. Banks explained that a shut in gas well is one 22 that has been developed and will be available for future production. A plugged well is 23 one that was productive at one time and may no longer be economical to keep running. 24 Mulroy asked if we have contacted the major companies for their information. Banks 25 stated that the companies have been contacted however they are reluctant to provide the 26 information in a public forum. They have shared information on proposed pipelines but 27 have asked that we respect their privacy on this information. There are competitive 28 advantages associated with the pipeline distribution going in, in certain areas. If we make 29 this information public, it could preclude any future information from these companies. 30 The existing pipeline information could be requested from them, however it would be 31 piecemeal. The advantage of getting this information from the Railroad is that it is 32 inclusive; the disadvantage is the time lag. The Railroad Commission data is not perfect; 33 there are pieces of information that are not included. There are options that we can 34 pursue on a local basis to try to obtain this information; it will require more work on the 35 part of the city. Mulroy stated that ultimately we want to be responsible for our own 36 map. Worst-case scenario, if an emergency happened with an explosion or catastrophe, 37 we would want to know where the pipelines are and how to tie them off. The fire 38 department will need a comprehensive map. From a revenue standpoint, Mulroy asked if 39 we have any compensation if the pipeline companies go through our right of ways. Do 40 we tax the pipelines on ad valorem basis for the value of the pipeline system? Dottie 41 Palumbo stated that we have several pipeline agreements. We have the master 42 agreement that requires them to take review fees and they pay a fee based on the 43 crossings if they are collector street, arterial street or local street. If they are actually in 44 our right of way, they pay $9 per linear foot. The process is that the companies have to 45 go through DRC and coordinate with all the cities various departments in their master 46 planning. One item of the agreements is if the cities need the pipeline relocated for any 47 reason, the companies have to relocate at their expense. The city tries to make sure they 48 bury their lines deep enough that they would never have to be relocated. Palumbo 49 believes the fee for collector streets is $1,500, for arterial street $1,000 and local street 50 $500. These agreements are based on a 10-year agreement. They have to be renewed 51 every 10 years. If they add lines to base agreement they would start over with their 10 2 I years. We will not let them stagger agreements. McNeill asked what other cities do. 2 Palumbo stated that the agreements vary from city to city. We have gotten Plano, 3 Carrollton, Irving and Arlington's right-of-way use agreements and developed our 4 agreements from their agreements. McNeill asked if the fee is the same if there is a 5 natural gas pipeline like TXU. Palumbo stated that TXU is considered a gas utility so 6 they pay a franchise fee. Kamp asked how would we go about gathering all the data on 7 the map. Banks replied for pipelines, it would more than likely, be through the right-of- 8 way use agreements. We would have someone extract out everything that isn't included 9 in the railroad commission data and then entering that information. As far as getting the 10 information for gas wells, when the fire department issues a permit, it would trigger a 11 GPS location getting on the map with the associated information. McNeill stated that this 12 is a positive step in the right direction. We need the information when a company puts 13 any type of pipeline in. We have started to put in streets several times only to discover 14 there is a pipeline underneath. Thomson stated he believed there was an oil well. 15 Palumbo replied that she had called the company that was drilling the oil well and found 16 the following information. The oil well company had drilled into the water aquifer. This 17 well will not produce any oil because it was not completed properly to extract oil at this 18 point. 19 20 Action Items: Review permitting and taxing policies and look in to the effort it 21 would take to provide more complete and accurate gas well and gas line 22 information. 23 24 Larry Reichhart (2b) discussed the effects of tree preservation ordinance on gas well 25 development/gas transmission lines. The intent was to have the gas well/gas transmission 26 line companies comply with the tree preservation ordinance. We complete a tree 27 inventory to see what trees need to be preserved. He explained that when the company 28 starts development of 100 acres, 25 acres of trees need to be preserved. 29 The only preservation right now for gas well mitigation is if they are in a flood plain. 30 That would be a one for one mitigation. We are considering coming up with a formula 31 that if you take out a tree you will have to mitigate a tree. Maybe a one for one or 1.5 or 32 one for two. If we had a formula as such, we wouldn't need a tree inventory. As we get 33 going further with these transmission lines, it will become an issue trying to track all the 34 trees. 35 Martin stated that this discussion is very timely in that we will be dealing with this issue 36 very shortly; we have a company that wants to put a gas pipeline down our rails to trails 37 corridor. The plan is to put this gas line on the opposite side of the water line. When this 38 is accomplished, a large number of trees will have to be cleared. McNeill asked the name 39 of the company that would be doing this pipeline. Simpson stated that it would be 40 Crosstex. 41 Reichhart stated that we have just started talking to the fiber optic people providing 42 preliminary maps. Mulroy said that gas well development plat is just the overall 43 calculation of the property, nothing immediate needed right now as far as flood plain. 44 Reichhart replied, unless they are taking out more than the 25% of the trees, then there is 45 an issue. Typically, the companies aren't trying to take out trees; they do try to locate 46 around the trees. Mulroy said that if it is underneath the cap, Martin stressed when you 47 do that you put the burden on the property owner. The property owner understands the 48 effect of tree removal even though it isn't immediate in the resale potential of the 49 property. Martin asked if the committee was confident that would take place. McNeill 50 asked how that would be tracked. Martin said that would be a decision to be made, how 51 do you track it if you are tracking on a partial basis, and you are not getting any 3 I mitigation upfront that puts the burden on the property owner when they come in to 2 develop. There is no guarantee that will happen. McNeill clarified "property owner has 3 the property, pipeline comes in, and is negotiated they take out 10 trees. How the 4 property owner wants to sell the property for housing projects, someone could come in 5 and say you have to mitigate 10 trees. Property owner could say they didn't know about 6 that. Martin suggested further, how do we know it was just 10 trees. Reichhart said it 7 shows on the development plats. If the plans come through Pre DRC, we know. We 8 aren't looking at private property easements. If someone sells a piece of property 9 through the middle of his or her property, we don't see that. Through Pre-DRC we can 10 ask for a tree inventory. McNeill asked how many potential spots are there we are going 11 to have to keep track of this. Martin said look at all the properties that this gas well is 12 going to traverse. We are talking about mitigating each property at some future point and 13 time. Palumbo stated that gas well companies get easements going across property lines. 14 When they come to us, we make them follow the tracts of land as much as we can. Gas 15 wells go across several different properties, and when they file their development plat, 16 you could easily have 5 or 6 property owners, so it is hard to determine who would be 17 responsible. Palumbo also stated that you couldn't put houses on the gas transmission 18 lines. You have to go 20' to either side, and you can't put anything on the top of the line. 19 McNeill asked if it is our place as government to make that decision. He stated he 20 believes it is the property owners decision. Palumbo stated that we have an interest in 21 trying to maintain property values. McNeill disagreed. Reichhart said he didn't disagree 22 until that property owner comes in to complain. Mulroy said there is a burden of 23 diligence with any buyer or seller of property owner. Martin said the concern on the 24 other side is would you realistically ever expect any mitigation for any pipeline. Mulroy 25 said that it is ultimately up to the landowner. Martin asks how do we know what 26 mitigation responsibility for that landowner is. Mulroy said we wouldn't know until he 27 decides to develop the property, and then it works in the formula. 28 Reichhart stated what if the property is in the public right of way, rails to trails being a 29 perfect example. Simpson stated that it would be about 4,400 1/f, and they are asking for 30 a 20' permanent easement and a 25' temporary construction easement. You would have 31 to assume that you would loose 4,400 linear foot x 45' on the trail of trees. Thomson 32 clarified that you can't put trees or the trail on top of the pipeline. Simpson said that we 33 have been communicating with DCTA and they said the pipeline would have to be 34 pushed to the far southwestern section. There is also the question about whether anything 35 could be built if you were going to put a transit station on the rail trail, would the gas line 36 limit future plans. From a parks standpoint we are concerned about the character of the 37 trail and loosing the majority of those trees. Reichhart stated that from a mitigation 38 standpoint, what they would be removing would not equal 25% of the trees in the entire 39 rail trail corridor, which would mean no mitigation. Martin said that if you think about 40 the future use and if we do develop the rail system, there would probably be some 41 advantage to having trees on either side of the rail for ascetic purposes and noise 42 reduction; they would have an added value. Pete Kamp asked why there wouldn't be any 43 mitigation. Reichhart said that would be assuming that the majority of the rails to trails 44 corridor is tree lined. Simpson said that the 4,400 linear feet is just the section that has 45 the trees in it in this area. Reichhart said the remainder of the rails to trails has trees on it. 46 If you look at the entire property, even as the city, we could cut down trees as long as we 47 preserve 25% of the trees. You don't look at just the area being developed you look at 48 the entire property that we own. McNeill asked what is the entire length of the rails to 49 trails. Simpson said that it is 8 miles. McNeill said that would be less than the 25%, 50 Reichhart agreed. Simpson said the other thing related to mitigation and compensation 51 for parks, parkland is protected by state law. To allow this use the proposal has to go 4 I though our city council for approval, council has seen the chapter 26 easements come 2 across parkland before. It also requires some kind of compensation for that use. On the 3 rail trail there are a couple of spots, depending on the route they decided to take. If they 4 take the southern route on Hickory Creek Rd, there is a section on Cross Timbers Park, if 5 they so the northern route it would cross Lake Forrest Park. Mulroy stated that this is a 6 proposition that is being brought to the city. Simpson agreed. Mulroy asked if Crosstex 7 is a utility. Simpson said it is not. 8 Mulroy asked what would be their choices if we do not strike a deal with them. In 9 Chapter 26, they have to prove out, that this is the only feasible option that they have. 10 Right now, this is the only alternative that they have shown us. 11 Reichhart said this is how hard it is going to be to calculate for the liner transmission 12 lines, how do we implement the tree preservation regulation as it is written. That is why 13 we talked about the 1.5 or something for mitigation. Mulroy said it has to be 14 proportionate. You can't be 1 to 1 or 1.5 to 1 because under the normal mitigation you 15 only have to replace 25% of the trees, which would be .25 to 1. Martin said that this 16 comes down to the methodology that you establish for that mitigation purpose. Even if 17 you want to use .25 depending on how you administer that, you could have some 18 mitigation vs. no mitigation. McNeill, from a practical standpoint that if we use a tree for 19 a tree or if they cut down four trees they have to replace one tree. Either they can pay for 20 that or they can plant the number of trees. Martin said you could either mitigate on that 21 property or you can pay. McNeill said the challenge with the pipeline coming down the 22 rails to trails is the aesthetics of loosing that many trees and noise barrier. Simpson said 23 that it would take out many trees which in some areas it is tremendously wooded. 24 Mulroy asked what size is the pipeline. Simpson didn't know. McNeill said that they 25 need 45' to get the digger down through there. He also said it also depends on the kind of 26 trees that are along the rails to trails. Mulroy said they ask for more footage than is 27 actually necessary. McNeill said we should start the negotiations with the reduction of 28 the easement width. Simpson said that at one point, the width was variable and we asked 29 for something more solid. The question was asked if the company has looked at what the 30 cost would be to go another route other than the rails to trails. Simpson said that is where 31 we are with them right now. They have only shown us this one route, and we said that 32 they would have to prove out other alternate routes. Mulroy said it would also depend on 33 your land configuration, how it is divided up. 34 McNeill said part of the challenge is knowing when something happens. What do the 35 companies have to do; they do not go through DRC with a pipeline. Reichhart said no, 36 not if it is a private easement. McNeill said is there any trigger on the lay in. Reichhart 37 said they are supposed to get a permit from the fire department. The fire department is to 38 inspect the installation of a pipeline. McNeill, when that occurs could something be 39 placed like a notice on the title for that property that is activity has occurred. In the 40 future, the deed could specify what has happened on this property. Mulroy said if you 41 mitigate now at .25 per tree, which may be an additional requirement above the existing 42 tree ordinance. The benefit of putting present day mitigation with that is that you will 43 change behavior. They will maybe locate their transmission lines where they don't go 44 through trees. Martin said that is what we want. Reichardt said that he would 45 recommend adding the .25 mitigation now to the gas transmission lines and fiber optic 46 lines. 47 48 Action Items: Recap, review and forward to City Council tree ordinance committee. 49 50 Martin stated the (2c) financial impact of gas well drilling is in the backup, and asked if 51 there were any questions. McNeill asked if this information was based on the 25-30 5 I wells that are in the city right now, Banks agreed. McNeill asked where the 90% 2 depletion comes from. Calmes said that the appraisal district determines a production life 3 and volume for the gas well. They discount that 10-15 percent the first year. Calmes was 4 informed that the first year they lose about 90% of their production. After the first year, 5 the value of the well drops considerably. McNeill stated that there might be a huge sum 6 of money, but it won't last long. Calmes responded that the sum of money isn't that great 7 compared with the value of the wells. The tax rate isn't that great. Mulroy asked where 8 the revenue is going. Calmes responded that it goes into the general fund. McNeill said 9 that he doesn't think that money should be going into the general fund. It should be 10 earmarked and something should be done with it. The money will go away before too 11 long, it shouldn't just be dumped into the general fund to dissipate. Mulroy stated that 12 we aren't getting full compensation for the damage to our roads, so we should try to 13 make our streets whole first. Parks has collected about $54,000 in bonus money so far 14 and the money has been put in the general fund because there hadn't been any policy 15 discussions and council had not directed to put in a special fund. McNeill replied that 16 council has directed but the message didn't get across. McNeill said that he and 17 councilman Montgomery have been saying that the money needs to be set aside. There is 18 royalty money, ad valorem money and bonus money that has a finite resource and will go 19 away. All the money should go into a separate fund and then we should make decisions 20 on what to do with the money. Mulroy stated that the Mayor stated about three meetings 21 ago that the money should be treated as one time money and should not be dissipated 22 through out the general fund. 23 24 Action Items: 25 Next meeting let us know what our choices are. Give us a recap of bonus, 26 royalty and ad valorem total dollars. 27 28 Martin talked about (2d) mineral rights vs. surface rights. He stated that Palumbo was 29 available for questions. Palumbo said that reasonable use fees would be decided by a 30 court. Is it reasonable? Can a well operator accommodate? Is it negligent? We are 31 expecting this to change within the courts because of the entrance into urban areas. We 32 are monitoring legislation in Texas and in other states where they are trying to have a 33 state law for land use for gas wells. There is also the issue of road damage. We have 34 heard that within the last week that oil and gas well associations are going to the state to 35 try to repel any authority to collect money for damage to roads. McNeill stated that we 36 are familiar with this information but the public isn't familiar with this information. We 37 need to make sure that our citizens know that if they have mineral rights, they are in 38 charge. Banks asked for direction on how to progress with this information. McNeill 39 stated that he thought presentation to council and information on the webpage would be 40 sufficient. Reichhart suggested that we also have a place on DTV for this information. 41 42 43 3) Receive an update, hold a discussion, and give staff direction regarding Open 44 Space Master Plan. 45 46 Janet Simpson stated that after the meeting in October, there was a work session and a 47 public meeting on the open space master plan. The Planning and Zoning Commission 48 recommended approval of the plan. The subcommittee that worked on the open space 49 master plan had eight conditions they wanted to be considered. 6 I The first one was to remove any specific sites that were listed under the priority locations. 2 Mulroy asked for Simpson's viewpoint on this recommendation. Simpson responded that 3 the description is broad in its description of planned areas and priority areas. 4 Second was to clearly identify and distinguish between open space resources and areas 5 that need to be protected. Open space resources are general terms and general areas like 6 flood plain and riparian areas. Again, the subcommittee would rather that instead of 7 talking about specific areas and protecting specific areas in the city, talk more in general 8 terms of riparian areas and natural habitats. Mulroy asked Simpson her thoughts on this 9 issue. Simpson said that if we deal with item number one that we have also dealt with 10 item number two. 11 Number 3 has already been accomplished. Dianna Sanchez and the planning department 12 have done a great job with consolidating master plans and putting a coordination tool 13 together. 14 Number 4 the committee had a concern with the term master plan, and preferred to go 15 with Open Space Concept Plan. Simpson stated think the content is more important. 16 Mulroy asked if the word "Master" was important for the sake of grants. Simpson said 17 that most grants are interested in an adopted plan. 18 Simpson read number 5, and responded we have a park land ordinance that requires 19 residential development to provide fees or land or fees in lieu of land and the building 20 permit to state also per unit amount for residential development. Our ordinance is 21 specifically for neighborhood park development and nothing else. McNeill stated that he 22 would like to give the developments an option. They can dedicate it to the neighborhood 23 parks, trails etc., flexibility is very important. Mulroy stated that we agree to meet the 24 conditions on this plan and recommendations. 25 Number 6, the subcommittee wanted to reword the Implementation Techniques section to 26 Land Protection Tools and Techniques. Committee agreed that is not a problem. 27 Number 7, the five year action/implementation plan would be the next step after adoption 28 of this plan would be to move into the implementation phase. Committee agreed that this 29 is acceptable. 30 Number 8; hire a master plan coordinator to achieve Open Space Master Plan. McNeill 31 suggested that we take out the term hire, it could be someone that is already on staff 32 designated to be the coordinator. 33 Mulroy stated that we could accommodate the suggestions. Mulroy asked for a redline 34 document with the information. Mulroy said that we would recommend to council that 35 we were going to approve today as stated and then bring it forward for the council to 36 officially adopt. McNeill made a motion we forward the documents to council for 37 approval with the recommended changes that was recommended by P and Z and as 38 modified during the discussion. 39 40 Action Items: 41 Generalize the specific sites on the open space master plan. 42 43 At this time, Mulroy had Dianna Sanchez to show her presentation for the Open Space 44 Master Plan on the GIS map. Sanchez showed aspects of the GIS map that they had 45 worked on for the master plan. 46 47 4) Receive a report and hold a discussion, and give staff direction regarding web 48 page development and 6 month environmental education campaign activities 49 that have occurred since the November 8, 2004 Environment Committee 50 meeting. 51 7 I Martin stated that this is the time for the committee to let them know what they did like 2 and didn't like about the web site. Dieterle added that the site "went live" after the 3 holidays and had a good article from DRC on January 7. Since then, they have updated 4 the highlight section. The plan is for this section to be updated every two weeks. We 5 have updated the topic section and plan to update them at least once a month. Right now, 6 we are working on bio-solids and gas well information. Next step will be pretreatment 7 and the tree ordinance. Dieterle said that the topics will be covered on channel 42 and 8 include statements that will say for more information go to our environmental web site. 9 Denton magazine will also have the information. 10 11 12 5) Receive a report and hold a discussion regarding the process of information 13 exchange, staff review and municipal participation in state and federal 14 permitting process. 15 16 Banks asked for feedback from the committee related to municipal participation in the 17 state and federal permitting process. We have been involved in two major state and 18 federal permitting activities, one is for Safety Kleen and the other is for Acme Brick. 19 Banks believes we are at the point that we can evaluate. Banks would like to know what 20 was helpful to the committee, what improvements might be needed for future permits. 21 The air permit for Safety Kleen is not to far down the line. How did staff perform acting 22 as a liaison between the citizens, the City of Denton and the permit team themselves? 23 How much does the Environment Committee want to be involved in this process? 24 McNeill said that an executive summary would be the best. If the committee needs 25 further information, they can contact Banks. McNeill asked if Banks needs anything 26 from the committee as you go through these hearings. Banks said there are lots of 27 request from citizens for information. Banks would like to know if the committee would 28 like a summary of the questions being asked. Mulroy stated that a summary would again 29 be fine, if they have questions or need any information, they will ask. McNeill said it 30 would be helpful if council knew where these request were coming from. A standard 31 quarterly update would be great, unless there are specific issues as in Safety Kleen. 32 33 Action Items: 34 Banks to e-mail updates quarterly 35 36 6) New business - This item provides an opportunity for Environment Committee 37 Members to suggest items for future agenda or to request information from the 38 Assistant City Manager of Utilities for future meetings. 39 40 Martin said this new business item is where we get input or instruction in where you want 41 to go for any new business that you want to add to the existing direction of this 42 committee. 43 44 McNeill asked how we were going to get rid of the "Goat Heads" in Skiles Park. 45 Simpson stated that when we put together the Integrated Pest Management program 46 together, we had two parks that we defined as totally organic. We were going to treat 47 pest with only organic methods. The parks were, Joe Skiles and Nettie Schultz. Because 48 of the soil conditions at Skiles it lends it selves to the stickers. If there are problems such 49 as poison oak, or fire ants we can treat them with chemicals and will be doing that at Joe 50 Skiles Park. We do post at the park the chemicals that are being used. McNeill asked if 51 we fertilize these parks. Simpson stated that IPM has been misunderstood. Some people 8 I think that IPM means completely organic, and it does not. The best thing that we can do 2 at Skiles is to improve the soil condition. Parks plans to put down compost on the area to 3 try and improve the growing of grass. We typically only fertilize the athletic fields and 4 landscape beds. 5 6 There being no further business to come before the Committee, the meeting was 7 adjourned at 5:25 p.m. 8 9 10 11 Joe Mulroy, Chairman Howard Martin, ACM/Utilities 12 13 14 15 Kim Mankin, Administrative Assistant 9 CITY OF DENTON CITY COUNCIL MINUTES August 1, 2005 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, August 1, 2005 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor Brock; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Mayor Pro Tem McNeill 1. The Council received a report, held a discussion, and gave staff direction regarding Emergency Medical Services (EMS) Billing and outsourcing opportunities. Laura Behrens, Administrative Assistant-Fire Department, presented information regarding the emergency medical services billing. She reviewed the EMS billing history and the method of billing since 1992. Billing methods included a flat method that was a single flat charge for all ambulance services, based on total operating expenses from the prior fiscal year and did not account for allowable adjustments. The conventional method billed on set rates, mileage and supplies, the amounts were based on Medicare rates or rates of neighboring agencies, was used by most agencies and full cost recovery was difficult. Umbrella billing used pre-set or defined targets considered reasonable and customary by insurance companies, differentiated billing between insurance companies and patient direct allowed for more cost recovery and required intense research and application of statistical methods to be successful. The current Denton method of billing included a flat rate plus mileage plus supplies. Denton's EMS billing currently had one of the highest collection rates compared to other agencies with in-house and outsourced billing. She reviewed current EMS financial statistics dealing with operational costs, administrative costs, and average cost of ambulance run and average cost of recovery per call. Council discussion included: • Philosophy of sending engines out on calls with ambulances. • Consider having ambulances at each station so as not to send out engines with EMS calls. • Only dealing with cost of recovery of ambulance costs and not with cost of engines provided. • Number of times ambulance goes out with no services provided. Behrens continued that all payers were billed the same and remaining balances after payment were forwarded to secondary insurance or the patient. Staff currently worked with 10 major insurance companies but also had 500 miscellaneous insurance companies on file. There currently was a 3% denial rate on submitted insurance claims. After reviewing internal procedures and surveying neighboring cities, it was determined that there were ways to improve billing methods. Intermedics was a firm that was being considered for Denton's EMS billing. Using that firm's billing methods, there would be a 22.8% impact on insurance billing, a greater cost recovery, differentiated billing of insurance and private pay, the tracking of insurance information through daily searches resulting in increased billing, statistical gathering, and addressing identified needs within the department. Outsourcing would provide increased revenue, would be more efficient with effective use of personnel, provide improved statistical EXHIBIT 8 City of Denton City Council Minutes August 1, 2005 Page 2 information, maintain compliances and provide cost savings. Items to consider included closeout of the current system, perceived loss of personal service, longevity of the outsourcing company, rates that would be dependent on industry standards with possible fluctuations, and collections. Council discussion included: • If the service were outsourced, what would be the number of full-time employees to reassign - one full-time employee would be maintained to work EMS billing/liaison with outsourcing firm. • Consider providing information on how savings would be realized. • Why were the co-pays waived - city residents already paid taxes so the co-pay was waived. This was a potential issue to consider, as there might be a substantial increase in ambulance costs. • Find out more information regarding the denial of insurance claims. Consensus of the Council was that while there appeared to be a potential benefit to outsourcing, more information was needed with proposals from several companies. 2. The Council received a report, held a discussion and gave staff direction regarding the Denton Open Space Concept Plan. Janet Fitzgerald, Director of Parks and Recreation, stated that the Denton Comprehensive Plan envisioned an extensive system of open spaces for recreation, wildlife enhancement, and flood control. She reviewed the amount of open space in Denton today and the definitions of parks, open space, riparian and floodplains, Cross Timbers land, and agricultural lands. Council Member Heggins left the meeting. Fitzgerald continued with setting priorities. One was assessing the threat and resource values of land in and around Denton. Threats included areas that were most likely to be developed and potentially eliminate open space. Resources included areas that remain undeveloped and held value as open space. Major recommendations included continue trails or trail corridors, continue with regional park acquisition, protect and restore ecosystem habitats, and encourage scenic corridors. Another priority was the urgent category that included environmentally sensitive land that was under immediate threat of development. Near term priority categories were sites that were zoned for high intensity development that should be monitored for any indication of imminent planning applications. Near term general areas included Milam Creek Tributary, upper reaches of Hickory Creek, Briarcliff Park area, Cross Timbers and Lake Forest Park area. Long- term priority category included larger tracts of land that were not zoned for intensive use, but which might be developed over longer periods of time and should be considered for environmental overlay zones. These areas could be restored as prairie, maintained as riparian areas, or set aside as wooded preserves in the context of the overall development. Unique or opportunity priority areas included occasionally particularly desirable sites that would become available for acquisition and would be of substantive interest. A summary of potential implementation strategies included the transfer of development rights, conservation easement City of Denton City Council Minutes August 1, 2005 Page 3 purchase, land trust donations, fee simple purchase, open space bonds funded by property tax or dedicated sales tax. Council questioned why priority locations were removed from the document. Fitzgerald indicated that there was a concern that land values would be affected if specific sites were pointed out causing the land to be used in that manner. She continued that the recommendation was to develop a five year action/implementation plan after the adoption of the Open Space Concept Plan to include review of the organization to allow for the coordination of the plan rather than hiring of additional staff, evaluate the Park Land Dedication and development ordinance to include trail funding, and provide a red-line document prior to any public hearing at city council meetings. With no further business, the meeting was adjourned at 1:20 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of a resolution establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Committee on the Environment; appointing the initial members of the committee; providing for retroactive approval thereof, and providing for an effective date. BACKGROUND At the Denton City Council meeting on July 18th, 2005, members of Council agreed that the Committee on the Environment (Committee) should be officially appointed by the Mayor by resolution and membership approved by the Denton City Council. Included in Exhibit I for your review and discussion is a draft resolution establishing the Committee on the Environment. The draft language contemplates five (5) committee members from the Denton City Council and one ex-offico staff member. EXHIBITS 1. Resolution 2. Minutes Respectfully Submitted, Howard Martin, ACM/Utilities RESOLUTION NO. R2005- A RESOLUTION ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL COMMITTEE ON THE ENVIRONMENT; APPOINTING THE INITIAL MEMBERS OF THE COMMITTEE; PROVIDING FOR RETROACTIVE APPROVAL THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council is of the opinion and hereby finds, that there are many important issues facing the Council that deal with Denton's stewardship, management, and conservation of environmental issues, environmental resources and related matters; and WHEREAS, the City Council is of the opinion and hereby finds, that it is in the public interest that a standing committee of no less than three (3) nor greater than five (5) City of Denton City Council members should be appointed by the Mayor of the City of Denton and approved by the City Council of the City of Denton, Texas to establish this "Committee on the Environment" as a standing committee of the Denton City Council; and WHEREAS, it is also necessary and appropriate for the Mayor of the City of Denton, Texas to appoint an ex-officio Staff member to the City Council Committee on the Environment, being the, Assistant City Manager of Utilities, of the City of Denton, Texas to provide assistance and guidance to said committee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. That the City Council hereby establishes a standing committee to be called the "City Council Committee on the Environment" (the "Committee"). The Committee shall consist of no less than three (3) nor more than five (5) City Council members. The appointment of the committee members shall be made by the Mayor of the City of Denton, with said appointees approved by the Denton City Council. SECTION 3. The five (5) initial members of the Committee appointed by the Mayor and approved by the City Council shall be: Councilmember Joe Mulroy, Chair; Committee Members Mayor Euline Brock, Mayor Pro-Tem Perry McNeill; Councilmember Pete Kamp; and Councilmember Jack Thomson. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Denton City Council and become qualified to serve; the appointments to the Committee shall take place during the City Council's decisions on Boards and Commissions; with no set schedule for term limits nor any schedule for rotating off of the Committee. The election of Committee officers shall take place annually, in the July/August timeframe. Members of the Committee must be current elected City Council members of the City of Denton, Texas. EXHIBIT 1 SECTION 4. That the creation of the City Council Committee on the Environment shall be in all things effective as of, and from and after September 10, 2004. All agenda items and business taken up by the City Council Committee on the Environment, as well as all recommendations regarding said agenda items and business by said committee, shall be, and they are hereby ratified and confirmed, from and after September 10, 2004. SECTION 5. That the appointment of the initial five (5) members of the City Council Environment Committee is hereby approved, and ratified, retroactive, to be effective as, and from and after September 10, 2004. SECTION 6. That the ex-officio member of the City Council Committee on the Environment is hereby appointed by the Mayor; being the Assistant City Manager for Utilities. The appointment is made retroactive, and the appointment of the Assistant City Manager for Utilities is ratified, retroactive, to be effective as, and from and after September 10, 2004. The ex-officio member of the Committee is: Howard Martin - ACM Utilities; or his designee SECTION 7. That the Committee on the Environment of the City of Denton City Council is hereby created and is hereby subject to the provisions of Texas Government Code §§551 and 552, as amended. Because the Committee constitutes a quorum of the City Council its meetings shall also be posted as City Council meetings in compliance with the Texas Open Meetings Act. However, when voting on any item Committee members will only be acting in their capacity as Committee members, and any action of the Committee to approve, disapprove, or recommend any matter shall not constitute an action of the City Council. SECTION 8. That unless otherwise provided for herein, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Page 2 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: S:\Our Documents\Resolutions\05\Environment Committee-CC-Creation Resolution-2005.doc Page 3 1 2 CITY OF DENTON ENVIRONMENT COMMITTEE MEETING MINUTES 3 August 1, 2005 4 5 After determining that a quorum of the Environment Committee of the City of Denton, 6 Texas was present, the Environment Committee convened into an Open Meeting on 7 Monday, August 1 at 1:30p.m. in the City Council Work Session Room, City of Denton 8 City Hall, 215 East McKinney Street, Denton, Texas. 9 10 PRESENT: Mayor Euline Brock 11 Councilmember and Committee Chair Joe Mulroy 12 Councilmember Jack Thomson 13 Councilmember Pete Kamp 14 15 EX OFFICIO MEMBERS 16 Howard Martin, ACM Utilities 17 18 ALSO PRESENT: 19 20 Kenneth Banks, Manager, Division of Environmental Quality 21 Katherine Barnett, Utilities Special Project Coordinator 22 Kelly Carpenter, Director of Planning 23 Jim Coulter, Director of Water Utilities 24 Janet Fitzgerald, Director of Parks and Recreation 25 Kurt Hansen, Chief Building Official 26 Rick Jones, Fire Marshall 27 Emerson Vorel, Parks Superintendent 28 Dave Wachal, Water Utilities Coordinator 29 30 31 The Environment Committee convened its Open Session at 1:30p.m. Committee Chair, 32 Joe Mulroy, informed the Committee that there were eight agenda items for 33 consideration. 34 35 36 2) Receive a report, hold a discussion and give staff direction concerning the 37 approval of an ordinance that would officially establish and recognize the 38 Committee on the Environment (COE). 39 40 Howard Martin presented this item. The draft ordinance was reviewed and membership 41 and term limits discussed. The appointments to the COE will take place during the City 42 Council decisions on Boards and Commissions with no term limit or schedule for rotating 43 off committee. Election of officers will take place upon reappointment in the July/August 44 timeframe. 45 46 Action Items: 47 • Change the Ordinance language to include "a minimum of three"... and 48 maximum of five members. 49 50 1 EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Legal Department CM/DCM/ACM: Ed Snyder, City Attorney SUBJECT: A RESOLUTION ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON FOR THE CITY COUNCIL MOBILITY COMMITTEE; APPOINTING THE INITIAL MEMBERS OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The City Council has previously appointed the City Council Mobility Committee. This resolution formally establishes that committee as a standing committee. OPTIONS: Approve or deny the resolution. RECOMMENDATION: Staff recommends approval. FISCAL INFORMATION: None Respectfully submitted, C Ed Snyder City Attom Committcc,doc S:Wur I)m mem MimellucrosWS5 10I805AIS-Mobility SAOur Documents\Resolutions1051MobiEty Committee Resolution.doc RESOLUTION NO. A RESOLUTION ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON FOR THE CITY COUNCIL MOBILITY COMMITTEE; AP- POINTING THE INITIAL MEMBERS OF THE COMMITTEE; AND PROVIDING AN EF- FECTIVE DATE. WHEREAS, the Denton City Council heretofore established a temporary subcommittee (the "Temporary Committee") as representatives of the City to consider local and regional trans- portation issues and provide staff direction as necessary; WHEREAS, the City Council finds that it is in the public interest to establish the sub- committee as a standing committee of the City Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2 The City Council hereby establishes a standing committee to be called the City Council Mobility Committee (the "Committee"). The Committee shall consist of four City Council Members. The initial members of the Committee shall be the same as the Temporary Committee which consists of Councilmember Pete Kamp, Chairperson, Mayor Euline Brock, Mayor Pro-Tem Perry McNeill, and Councilmember Bob Montgomery. The Committee mem- bers shall serve at the pleasure of the City Council until successors are duly appointed by the City Council and become qualified. SECTION 3. The City Council desires to make the chair of the committee the automatic representative to the Dallas Regional Mobility Coalition and the Regional Transportation Coun- cil. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: October 20, 2005 DEPARTMENT: Planning and Development Department ACM: Howard Martin, 349-8232 SUBJECT - ADP05-0004: (Glenwood Meadows) Hold a public hearing and consider the adoption of an ordinance approving an Alternative Development Plan (ADP) for an Environmentally Sensitivity Area (ESA). The property is located in Tract 4A of the William Roark Survey and Tract 11 of the J Edmondson Survey and is generally located on the east side of Bonnie Brae, 1,300 feet west of US 377 and 2,800 feet south of Roselawn Drive. BACKGROUND Applicant: Wally Creel, Holigan Land Development Dallas, TX The applicant is requesting approval of an Alternative Development Plan for an Environmentally Sensitive Area. Section 35.17.12 Alternative Environmentally Sensitive Area Plans in the Denton Development Code allows the ADP procedure proposed here. The applicant intends to reclaim approximately 12.23 acres of undeveloped floodplain as part of a 95.16 acre site. The proposed development will deviate from the following Denton Development Code requirements: 1. 35.17.7.A Undeveloped Floodplain Development Standards, Permitted Uses and Activities. Residential development is not a permitted use in designated undeveloped floodplain. 2. 35.19.4.D.1. Drainage Standards, General Drainage Requirements, Floodplains, Floodplain Restrictions. Development is prohibited in any portion of the property which lies within the floodplain of any stream or drainage course. These floodplains shall be preserved from all destruction or damage resulting form clearing, grading or dumping of earth, waste or material, or stumps, except at the discretion of the Planning and Zoning Commission. 1 3. 35.17.8. Riparian Buffer and Water Related Habitat Development Standards. Residential development is not a permitted use in designated riparian and water related habitats. The applicant will mitigate the deviations from the Denton Development Code by a mitigation plan which addresses engineering, natural areas and social considerations. (See Attachment 1). The standards from Section 35.17.10 of the Denton Development Code for the design and improvement of environmentally sensitive areas are listed below: A. These areas shall be linked to existing or planned open space to provide an overall open space system. B. The developments shall be arranged in order to maximize access and utilization of the environmentally sensitive areas by residents of the development and the City. C. These developments shall comply with the open space plans and requirements of the City. D. The unbuildable site area shall be placed either in a lot or lots that incorporate a permanent conservation easement, restrictions covenants, or such other legal mechanism to allow for the long term conservation of said areas. The property abuts NR-2 single-family residential neighborhoods to the north, NR-6 to the south and PD-139 to the west. To the east of the subject site is City of Denton Extraterritorial Jurisdiction (ETJ). PRIOR ACTION/REVIEW Zoning Case Z04-0037 was heard before the Planning and Zoning Commission on October 13, 2004. The Planning and Zoning Commission recommended approval of the request to rezone the subject property from NR-2 to NR-3. The request was withdrawn before it was heard by the City Council. Zoning Case Z05-0020 was heard before the Planning and Zoning Commission on August 24, 2005. The Commission voted to recommend approval of the request to rezone 95.16 acres from Neighborhood Residential (NR-2) to Neighborhood Residential (NR-6) with an overlay district. OPTIONS 1. Recommend approval as submitted. 2. Recommend denial. 3. Postpone consideration. 4. Table item. RECOMMENDATION Staff recommends approval of this request with the following findings: 2 1. The proposed Alternative Development Plan was reviewed and meets the City of Denton Drainage Engineering requirements. 2. The proposed Alternative Development Plan was reviewed and meets the City of Denton Environmental Protection requirements. ATTACHMENTS 1. Environmentally Sensitive Area Alternative Development Plan 2. Location Map 3. Site Map - ESA 4. Site Map - Glenwood Meadows Development 5. P&Z Minutes of September 14 6. Ordinance Prepared bv: Lori Shelton Planner II Respectfully submitted: ~„y~.~.tot.r Kelly Carpenter, AICP Director of Planning and Development 3 ATTACHMENT 1 Environmentally Sensitive Areas Alternative Development Plan The purpose of an alternative development plan (ADP) is to provide an option for developments that do not meet the standards in the Denton Development Code (DDC) and that meet or exceed the objectives of the Denton Plan and Development Code. Applicant Holigan Land Development is proposing to reclaim approximately 12.23 acres of undeveloped floodplain as part of a 95.16 acre site. The proposed development will deviate from the following Denton Development Plan requirements: 1. 35.17.7.A Undeveloped Floodplain Development Standards, Permitted Uses and Activities. Residential development is not a permitted use in designated undeveloped floodplain. 2. 35.19.4.D.1. Drainage Standards, General Drainage Requirements, Floodplains, Floodplain Restrictions. Development is prohibited in any portion of the property which lies within the floodplain of any stream or drainage course. These Floodplain areas shall be preserved from all destruction or damage resulting form clearing, grading or dumping of earth, waste or material, or stumps, except at the discretion of the Planning and Zoning Commission. 3. 35.17.8. Riparian Buffer and Water Related Habitat Development Standards. Residential development is not a permitted use in designated riparian buffers and water related habitats. Mitigation Plan Section 35.17.10 of the Denton Development Code sets standardsfor the design and improvement of environmentally sensitive areas. The applicant proposes the following ESA Mitigation which meets the requirements 35.17.10 A - D: • Engineering - replace any lost valley storage and prevent rise in 100-year water surface elevation resulting from reclaiming 12.23 acres for development. • Natural Areas - replace any lost natural vegetation resulting from reclaiming the 12.23 acres of floodplain for development. • Social - enhance the quality of life for residents of Glenwood Meadows and the City of Denton by increasing the environmental value of the remaining floodplain with additional native plantings and a hiking trail to provide access to green space. Engineering Mitigation To mitigate for filling 12.23 acres, Holigan Land Development will construct a swale in the northwest corner of the development. The open swale can be used for future playing fields or other activities for the residents of Glenwood Meadows. The proposed swale is approximately 6 acres, designed with a gradual 10-foot horizontal, 1-foot vertical side slope and a cross slope of 0.5 percent to promote positive drainage. A flood study has been presented to the City of Denton Engineering Department, which indicated there is not rise in water surface and no decrease in valley storage. Natural Areas Mitigation The Denton Development Code recommends planting native trees in the Hickory Creek floodplain. The planting area is approximately 6 acres, located adjacent to the proposed residential development in the reclaimed floodplain. Tree planting will consist of native species, 2" - 3" caliper in size, planted in clumps of 3 to5, separated 25 feet on centers. Approximately 50 trees will be planted in this area. Species to be planted in this area will be chosen from the following list. Native Tree List for Mitigation Planting Zones Trees Bur Oak Quercus macrocar a Shumard's Oak (Quercus shumardii) Pecan (Ca rya illinoiensis Cedar Elm (Ulmus crassifolia) American Elm Ulmus Americana The native trees to planted to satisfy the natural areas mitigation will carry the same survival requirements that are specified in other types of tree mitigation. Survivability requirements (through currency, bond, or letter of credit), as specified within standard tree mitigation requirements will be met. The same requirements of inspection for 90% survivability after 3 years of establishment that are included in 35.13.7(A)7(d) will apply to the trees planted as mitigation. Social Holigan Land Development will construct a hiking trail through the open space, accessible to residents. Benches will be provided every 500 feet along the trail and access at various trail heads. Paved trails will be concrete, 8 foot wide, 5 inches thick, with reinforcement #3 steel bars on 18"inch centers with an expansion joint every 40 feet as required by City of Denton Parks and Recreation Department. Concrete strength is to be 3,000 psi. CCA treated wood will not be used for any structures in the trail system. Other Requirements Regulations concerning the gas well location and its continued operation along with subdivision, site design standards, park dedication and other requirements will be addressed during the platting and building permit process. ATTACHMENT 2 Aerial Map NORTH ATTACHMENT 3 1 ESA Site Map NORTH % % ~10 :ya % r % r%g 21 % % rp. Lr~ % Fv % r6 91. :6 1 .1% p 7 Mo NORTH ATTACHMENT 4 Site Map - Glenwood Meadows Development + R~ - . y.7~ ws + r ~ s s~ i + i Y C4 HdC r i ~ F s f t 1 i r ~ r T ~ F 4 + r i H ~ F y ¢ Jt 4 i _ T F R 4F i+ r ntnar r Y:WWrW! ~ t + s + ' l1 -i y ~ 8 ATTACHMENT 5 CondenseIt" Page 49 Page 51 1 district are here and could answer that question if the 1 COMMISSIONER WATKINS: Yes. 2 Chairman wants to allow that. 2 COMMISSIONER STRANGE: okay. Sc, the motion 3 COMMISSIONER STRANGE: Yes. I would 3 before us would be for approval with an { tver t v for aT 4 imagine Ms. Capps could answer that question for us if she 4 approval to NR-6 with an overlay to include ct~i, upje.,~ 5 would come down. 5 uses. And we have a second? Do we hair-°.~ r erh r 6 MS. CAPPS: oak/Hickory Historic District 6 discussion? Okay. We have a motion ant: - .td. Nc7 begins on the east side at Williams Street. It starts at 7 discussion? Please, vote. And the motion pj, 6-1, 8 the 600 block of West Oak. It continues to Welch street 8 (COMMISSIONER HOLT VOTING IN )Y_ 0,, "'TS.;, 9 on the left. And it goes to Fulton Street. It includes 9 COMMISSIONER STRANGE: The nc 11Llr ot. Out 10 Gregg Street behind Oak Street. It's about maybe 50 feet 10 Agenda would be Item No. 5A, which is , =caking a 11 from this subject property. It also includes three houses 11 recommendation to the City Council cons le 12 on Mount Street. It includes all of the houses from Welch 12 Alternative Development Plan for an envi2 o i 13 down to Williams Street on Hickory Street on the north 13 sensitive area for Glenwood Meadows. V,. 14 side. 14 MS. SHELTON: Good cvenimr. 7: 1 It 15 COMMISSIONER STRANGE: But this particular 15 map shows the subject property just cast 16 property is not is or is not in the district? 16 Residential Development. You see that's P , 17 MS. CAPPS: it is not in the Oak/Hickory 17 runs from the north along the west side of rrr'18 Historic District. It is in an area that is being 18 And as you recall, a zoning case for thy. 1- 19 considered as a conservation district. 19 heard before the Planning and Zoning C';on - ow 20 COMMISSIONER STRANGE: 'T'hank you very much. 20 last meeting on August 241h. 21 I think we have all of our questions answered. We do have 21 The Commission at that timx 22 a motion before us by Mr. Watkins. Do we have a second 22 recommend approval of the request tot _z, frorn 23 for that motion? I might ask the question of Mr. Schmitz, 23 Neighborhood Residential 2 to Neighh„ It, clitial r 24 would you accept an overlay where this would be NR-6 with 24 with an overlay district to restrict the den, i T',e 25 an overlay that it could be used only for a duplex? 25 request is scheduled to go for to City t Page 50 Pkge 52 1 MR. SCHMITZ.: Yes. 1 September 20th. 2 COMMISSIONER STRANGE: okay. So you have 2 The aerial map shown here tic iIt 3 acknowledged that, okay. Mr. Roy. 3 some indication of the current floodplain are< ii, the 4 COMMISSIONER ROY: I have supported these 4 current development on the land whiclt is ' as wells. 5 historic districts and I did that with Bell and I think 5 COMMISSIONER STRANGE: , N~ tv lave 6 this West Oak. We discussed this before and wrestled with 6 anything up on the screen. 7 these kinds of issues. While I wish that it was practical 7 MS. SHELrON: oh, I'm sorr%, 8 for sites like this to be built with single family homes, 8 COMMISSIONER S'IRANGE: wt Tc a-_ o akiii at 9 1 don't think that's what's going to happen here. And 1 9 our screen, but then nobody else can sec r 10 believe that was indicated by Commissioner Watkins, his 10 MS. SHELToN: T was trying to n 11 opinion as well. 11 at that while I was talking this time and it ut, 12 This is not in the historic district. I 12 COMMISSIONE..R STRANGE- Uo 1c 13 agree that it's close. But I believe that the property 13 that there you go. 14 owner has rights in this regard. And it's up to us to 14 MS. SHELTON: 'there I'm sort, I 15 decide if we want to extend those rights from this NR-3 to 15 you go. There's the aerial. The applican, 16 NR-6. 16 reclaim approximately 12.23 acres of i iu, a1,, ci 17 And I wish that I had realized that it was 17 floodplain as part of the 95.16 acre site:, ? 18 considering or that the second site would have been 18 cross-hatched area shown here on the eshil 6' ftte 19 considered at the first. But we have agreed and gone 19 proposed land to be reclaimed for the (It i. 20 through this issue with the NR-6 already. And if Mr. 20 The proposed development,.,,! 21 Watkins would revise his motion or accept a friendly 21 the following Denton Development C, ,!t I,: zzents, 22 amendment to include an overlay for a restriction to only 22 Section 35.17.7A which is regarding uncl. r loodplain 23 a duplex, then I will second his motion. 23 development standards permitted uses an,'. 24 COMMISSIONER s-rRA,NGE: Mr. Watkins, will 24 residential development is not a permitted ,ts, 25 you accept that as an amendment'? 25 designated undeveloped floodplain. PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Paele 49 Pagc 52 CondenseIt" Page 53 Page 55 1 In Section 35.194 D-1, which is regarding I this and offer the following. The Denton Deveopment Code 2 drainage standards, general drainage requirements, 2 offers the ability to do Alternative Developnent Plans and 3 floodplains and floodplain restriction, development is 3 you've considered a number of those, sumcthir_ ~ t kc 3j or 4 prohibited in any part of the property which lies within 4 36 over the last three years. 5 the floodplain of any stream or drainage course. These 5 This is an Alternative Developtner~ ' 6 floodplains shall be preserved from all destruction or 6 which addresses itself to cnvironmentalh scar ti a*,eas 7 damage resulting from clearing, abrading or dumping of 7 and in particular to the floodplain. This is the ''i,-i 8 earth waste or material or stumps except at the discretion 8 Alternative Development Plan that you had i reo chat 9 of the Planning and Zoning Commission. 9 has addressed itself to an environmcnl; ll a 10 And die final deviation is from 35.17.8 10 The others have addressed themselves to lar I 1 which is regarding riparian buffer and water-related 11 parking, parking in front of the building, thos,- as of 12 habitat development standards and residential development 12 things. So this is a first for you. 13 is not a purrlitted use in designated riparian and 13 Chapter 17 of the Denton Dcd c1)°vr . Code 14 water-related habitats. 14 addresses itself to the environmentally seas i , 15 The applicant is proposes to mitigate the I S and sets standards for their developmenti= . a 16 deviations from the Denton Development Code by a 16 developer to apply for an alternative devekwr hn 17 mitigation plan which addresses engineering, natural 17 wherein, the developer can show how th,-N xill 18 areas, and social considerations. 18 not meet all of the requirements in Chap Lei 19 To satisfy engineering mitigation, the 19 respect to environmental the environmentrl 20 applicant will replace any lost valley storage and prevent 20 areas, but they will provide other factors in Tl_cia 21 rise in 100 year water surface elevation resulting from 21 development which meet the intent of the, )en I , P an and 22 reclaiming the 12.23 acres for development. In the 22 the intent of the Development Code. 23 natural areas, the applicant will replace any lost natural 23 In your packet, at attachment 3 ~n rri6; 24 vegetation resulting from the reclamation. 24 attachment one, pages 4 and 5, they're. I Jbele~- 1 did ' acre 25 To address social benefits, the applicant 25 the actions that the applicant proposes to tai=,r That Page 54 Page 56 1 will enhance the quality of life for residents of Glenwood I mitigate their actions with respect to the requir. -it ~f 2 Meadows and the City of Denton by increasing the 2 Chapter 17 and then set forth the actions th- 3 environmental value of the remaining floodplain with 3 propose to mitigate mitigate those actions I - _i,,V[ 4 additional native plantings and a hiking trail to provide 4 the intent of the Denton Development Code a- i.e Denton 5 access to green space. 5 Plan. 6 This Alternative Development Plan was 6 I only offered those addition.it 114 7 reviewed and meets the requirements of the City of Denton 7 because this is a first for you all although , , e 8 Drainage Engineering Department. And that was Mr. 8 considered several ADFS, you've not done ai_ e~ue 9 Witkowski as well as the environmental quality manager of 9 before. Mr. Chairman, I would also offer aiiv 10 water waste water department. Dr. Kenneth Banks reviewed 10 Banks, who did much of the enviroinnc nt: 11 this project. 11 Shelton and the applicant is also here to a~, K I!'Ail 12 And my final slide here tonight shows the 12 on this topic. 13 Concept Plan for Glenwood Meadows. This Concept Plan 13 COMMISSIONER STRANGE: YEitik 14 includes the development of the reclaimed land, which is 14 Carpenter. 15 this area right up through here. Now, there will be other 15 Mr. Roy, you had a question eai ,r? 16 regulations concerning the gas well locations and their 16 COMMISSIONER ROY: Yes. I 17 continued operation along with subdivision site design 17 clarified that because it was on my mind 18 standards, park dedication and other various requirements 18 floodplain issue. I cannot recall not just t:i„ E-S. 19 will be addressed during the platting process. And I'll 19 case, but I can't recall any case whc•e 'tNt i r~l 20 be happy to answer any questions. 20 floodplain reclamation, maybe one or ` err i 21 COMMISSIONER STRANGE: Ms. Carpenter, do 21 was just a few feet or something and - 22 you wish to speak as well? 22 fairly substantial amount of floodplain ro li. 23 MS. CARPENTER: Thank you, Mr. Chairman. 23 Twelve acres may be small a, +iS 24 Thank you, Ms. Shelton. I want to have a little 24 overall site, but I think this is a significai o 25 discussion with the Commission before we go further on 25 assume that the applicant has considerol~dd her this is PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Y.t e - 3 Page 56 CondenseIt _ Page 57 Page 59 1 still a floodplain and has gone through the FEMA approach 1 floodplain itself, the undeveloped floodplain. .-hcic is a 2 to reconfirm that this is floodplain; is that correct? 2 small area of riparian buffer and there are Borne 3 MS. CARPENTER: well, I'm going to let them 3 water-related habitats, approximately 7 acres, nd those 4 answer that. They did have Carter and Burgess do 4 consist of a stock pond, which is pretty ,inai'_ z.rair 5 extensive studies, but I'm going to let them address those 5 tributary, some forced wetlands and some '~e_ pits that 6 questions, Mr. Roy. 6 were filled have been filled in nattunaty _,z d t_ic 7 COMMISSIONER ROY: All right. Well, I 7 gravel pits were on the property long her ,re t e;hased 8 don't understand these maybe it will come out in some 8 it. 9 further discussion, but I don't understand what's being 9 Primarily, the only part of the 10 done to make up for the loss of 12 acres of floodplain. I 10 environmentally sensitive area that we an 11 can see that it's you know, some aspects of it, but I'm 11 disturb is the floodplain. There is a small 12 not convinced that this is you know, what has been 12 the water-related habitat that maybe icgttirc•a 13 proposed is in any way satisfies the loss of 12 acres. 13 disturbed and I'll show you that in just a times. 14 So maybe Dr. Banks or someone can explain. 14 It involves taking a dain off of the exisuii- 1,1 is is COMMISSIONER STRANGE: what we might do is 15 facilitate drainage. 16 let the applicant make their presentation and see if that 16 This is the same slide that L(.-)ri' ~ 17 answers the question. And Dr. Banks, will you be willing 17 This is the crosshatched area that shciu s 11 . rh:i yve 18 to stay around to answer questions later? Okay. Okay. 18 would like to fill. Once it is filled it will 19 We will go ahead and open the public hearing portion of 19 be part of the floodplain and we have Lem flood. 20 this and ask 20 study, Mr. Roy, to determine where the -lie 21 COMMISSIONER ROY: It's not a public 21 current floodplain are. 22 hearing. 22 The property that we are hoping; tr 7 ec i iim 23 COMMISSIONERS FRANGE: well, open the 23 is of low environmental value. It is ba a l irtd of 24 it's not a public hearing, open this portion of it to the 24 grain right now that's been harvested over th ea-s. 25 applicant to let them make any comuents they wish to make. 25 These are some photos from the propcn Page 58 Page 60 1 MS. ausa: Conmiissioners, my name is Mary I water-related habitats as I mentioned are rid ..,i:it~ ~y 2 Bush. I'm here representing the applicant, Holigan Land 2 seven acres. There is a stock pond. This is _ _ ~icimc of 3 Development. Our address is 15950 Dallas Parkway in 3 a stock pond. It's hard to read there, hat ii: V, "ken 4 Dallas, Texas. I do have a brief presentation that I will 4 in June of this year. It's pretty low. 5 go through. 5 This is the pond that we are 6 As staff has mentioned, we're here to 6 possibly removing the dam to allow (h nnaf," : _icr ttzan 7 discuss providing an alternative Development Plan for the 7 that, that's the intent complete distui,,ancc :ifr' 8 environmentally sensitive area of Hickory Creek which is 8 water-related areas. 9 where our property is located. The slide before you shows 9 Just to summarize, I think Lou- `ia eadi 10 the concept plan that we've been discussing and as you can 10 gone through this, but there are three rra ? rv 11 see from this concept plan there is quite a bit of 11 mitigating. First of all is engineering miti-, 12 floodplain on this property all along the top boundary. 12 are doing that by providing a large swale - 13 There is if we, in fact, do reclaim the 12.23 acres, 13 through in just a minute. And that swale -i j%- rtl,La all 14 there will still be 49 acres left all in the floodplain as 14 lost valley storage from the 12 acres. Ali, ti_t e ae 15 open space. We are intending to develop single family 15 rise in the 100-year flood plain. And that liar heer. 16 homes on this property. 16 verified by F.d Witkowski after reviewing oi i study. 17 You guys heard the zoning case a couple of 17 The natural area that we're going x~ 18 weeks ago, 218 50 by 110 single family homes. The 18 disturb as I mentioned is just an agricultura, 19 property is 95 acres and we are clustering all of the lots 19 now. And so in order to mitigate, we aie p! Ill', 20 on to the property that is outside the floodplain 20 approximately 6 acres of trees. And I' l Sere 21 currently and the 12.23 acres that we hope to fill and 21 those plantings arc designed to be. 22 reclaim. 22 And then in addition to the ue1 23 There are three different kinds of 23 we are proposing doing a bike and bike, i : ; n 24 environmentally sensitive areas on this property. The 24 eight-foot wide concrete pave trail. W f, 11r_ the 25 main part of environmentally sensitive area is the 25 according to the development standards i a i ke and PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 par, ~)7 - Page 60 CondenseIt"" Page 61 Page 63 1 bike trail that will go along the natural area of the 1 And I would entertain any questions that 2 property. 2 you guys have. 3 Here's the swale. It is up in the corner 3 COMMISSIONER STRANGE: %Irs' 4 around the corner of Bonnie Brae. It will be very wide 4 COMMISSIONER HOLT: Yes. WI ry( z_as 5 and shallow. It is being designed such that if the 5 wells located? 6 residents would like to use this open space for soccer 6 Ms. Busty. Let me see if I can D- k .cue 7 fields or if they would just like to leave it open and 7 and show you approximately. Right he c ::are y,Ai 8 natural they can do that. They can put a park there, 8 see that'?. 9 whatever. The design of the swale is such that it meets 9 COMMISSIONER HOI<r: I_-1r-11u11. 10 the engineering requirements and it also gives the 10 MS. BUSH: And then there is dso eIr right i l residents some options for how they would like to use that 11 here. 12 property. 12 COMMISSIONER Hour: okay. Thank you. 13 And as we've mentioned Ed has examined our 13 COMMISSIONER S"IRANGE: Mr, WXk.1r1s_ 14 flood study, has concluded that our engineering meets the 14 COMMISSIONER WATKINS: Thank -,CJ, Nom. 15 criteria for reclaiming the 12 acres with no issues in 15 Chairman. The thing that bothers me 1 Jo : i r c tl 16 water surface or valley storage. 16 infer that the enginc°ers aren't correct, but ai ast time 17 The tree plantings will be up along the 17 I crossed 35E, the lake bridge, that's Hickory,C)-e'ck. Arid 18 border between the residential lots and the open space. 18 that's what this is, just upstream from it. _Ar7 e 19 We will plant according to the native tree list that is in 19 right down in Hickory Creek bottom with tlra°. 1 hey Jo saN 20 the tree ordinance for the City. We will meet the 20 that they won't be fleeing the flooding. 21 requirements of the ordinance with regards to the 21 MS. Buses; Yes. I thought L_ d v_ 22 survivability of the trees. And the tree plantings will 22 be here to address that. Kelly, do you %vaiit : _,,,d,11es>s 23 be two to three inches in caliper. You can read they are 23 any of his comments or should we deter i B r of 24 separated 25 feet on about six acres. 24 MS. CARPENTER: I think we'll sects dr._I.r 25 Then we also plan to construct a hiking 25 to Dr. Banks if there's any questions on it. Page 62 Page 64 1 trail. And the hiking trail basically goes from one end 1 Ms. BUSH: Are you comfortable ar, ct~ei in 2 of the property to the other. At this point there are 2 the engineering, one of their questions? 3 various points within the development where we have little 3 DR. BANKS: I really am not qualifiL~,t 4 trail heads to allow the residents to connect to that 4 answer engineering-related questions like that. a t .r I 5 trail. 5 think that would be much preferable to he b`' 1~d. 6 I do want to mention again that this plan 6 1 will point out that you guys are going to hair; _c 7 I'm showing you is a concept plan. It is not a plat. We 7 through the FEMA process. 8 don't anticipate deviating from it in any great way, but 8 MS. BUSH: And Ed our next step, 9 we may be required to based on any issues with gas wells, 9 matter of fact with Ed, is as we go to prehrriin,r} plat 10 which we have somewhat taken into account, but there may 10 this property, he has cleared its to prose(d So 11 be small differences is what I'm trying to point out. 11 he's reviewed the flood study that Carter Burgess 12 If there are small differences, we will 12 prepared. He made some minor comments -1,i; , 1L -,se 13 provide access to to residents through some trail heads 13 addressed. And he is now ready via cortfin--rL30n 14 just as we have. They just may not be in the exact 14 e-mail for us to go forward. 15 locations. We'll also provide benches along points in the 15 COMMISSIONER WATKINS: ohav, `~ilnk you. 16 trail every 500 feet. And our trail and bench design 16 COMMISSIONER STRANGE: Ma}s I : ii_ 17 meets the requirements of the Code. 17 your reclamation of this, arc you actuall, I., 18 Just to summarize, I know this is a first 18 MS. BUSH: Yes. 19 and it is reclaiming quite a bit of flood plain, but 19 COMMISSIONER STRANGE: And rc -ti,.t :iepf6 20 because we've had this extensively reviewed by staff, and 20 are you filling? 21 we feel that we are meeting all of the requirements as far 21 Ms. BUSH: That's a question be 1c, -)o 22 as engineering mitigation, and we are providing some 22 you want to answer that Jason? This is : r 23 environmental benefit and social benefit that our 23 engineer. 24 alternative development plan does in fact, offer an 24 MR. STEFEN: My name is Jason t, : _11r+ 25 attractive development for the residents of this area. 25 with Carter and Burgess in Dallas, 7950 Ehni oh ;give. PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Pa-C 61 Page 64 CondenseIt" _ Page 65 _ Page 67 1 What we are doing on the west side of the property there 1 9 of the Holigan presentation more precisely located 2 is we are as they've been talking about is reclaiming 2 adjacent to the proposed residential devcloprnent 3 about 12 acres of property. Probably we are filling in 3 consisting of native species of trees with the cciatis --is 4 that area just approximately and please don't hold me to 4 described by Mary. 5 this, probably about four to six feet in that area is what 5 In addition, there are othcr,iiurc l~~r 6 I'm estimating right now. 6 factors being proposed by the applicant uhi_ nrd~ude the 7 Again, as Mary has said, we've submitted a 7 construction of the hike and bike grail as shev_c ii,, oa 8 flood study to the City Engineering Department that's been 8 slide 10 of the Holigan presentation, which - # t rile 9 reviewed by Ed Witkowski, the City's Floodplain 9 standards of the Denton City of the Denture rl and 10 Administrator. He has determined this flood study as 10 recreation department and which include belie which are 11 we're proposing has meets the requirements where we are 11 placed every 500 feet and are attached so i 11 12 not increasing the water surface levels with our proposed 12 stay in place. 13 fill and we are not decreasing the water valley storage. 13 I think the difference betwcen this Banc 14 We'rc keeping the valley storage the same. 14 other cases, none of which I was invoNed in_ 3 clezi't 15 So what's happening out there right now 15 have personal knowledge of any other requcst~ `-his 16 should be the same. And the staff is okay with that. 16 nature at all that has come through is tli.at p;h,>uant to 17 And like Mary has said he has cleared us during the 17 the alternative development plan proccsti, th`-_ ip :carte 18 platting process to move forward and approved our flood 18 has proposed mitigation measures that tuten^ not the 19 study. Thank you. 19 intention of the Denton Plan and the f)c\eiup? iem , ode in 20 COMMISSIONER STRANGE: Do we have any other 20 alternative ways. So they're proposing etn .eying 21 questions of the applicant? Thank you. 21 mitigation. They're proposing planting tmn t„z and 22 Mr. Roy, did you still want to hear from 22 they're proposing hike and bike trails and 1,:.~ :lies as the 23 Dr. Banks? 23 mitigation to the 12.23 acres of floodplain tha tlrey're 24 COMMISSIONER ROY: well, I am a little 24 proposing to fill. And based on the approv'i",_ -n r:neering 25 shocked really that staff has brought this forward quite 25 study, there's no rise in the surface water it. 6"-'C reek Page 66 Page 68 1 frankly. There's been some change in staff's position 1 and no decrease in the valley storage. 2 because I can remember cases where we've discussed rather 2 So I can't I'm unable to tarot tc, 3 strongly about not going into the floodplain. And I'm 3 other cases. But I think that was the n>,„ 4 struggling with what's different. Why is staff now 4 Planning and Engineering and the En% ircm ?i is-,on 5 supporting floodplain? I can remember the case off Loop 5 were able to make an affirmative recommit Luz this 6 288 that this would not work and staff had all the good 6 mitigation plan. 7 reasons at that time. So I would like to hear from 7 COMMISSIONER STRANGE: Mr. F1U5;. 8 somebody as to why we now feel it's okay to do something 8 COMMISSIONER ROY: 'I lie hike ant? Pik, Trail 9 like this. And so whoever in staff would like to attempt 9 is nice but it has nothing to do with flu )ding. T; lz. jirecs 10 that is welcome to try. 10 are nice but it has nothing to do with floodin; 11 COMMISSIONER STRANGE: Mrs. Carpenter, do 11 possibilities. I guess the only thing that we. to go 12 you want to start? 12 on is the what I understand to be the dig, ran ti a itie 13 Ms. CARPENTER: well, I can start, Mr. 13 swale just to increase like a detention pond, that - 14 Chairman. If you look at attachment 1 of your backup at 14 would be the right way to look at that is v, % Ie 15 pages 4 and 5, the engineering mitigation that's proposed 15 doing. 16 is just as Mary described it for based on the flood 16 Now, I guess if City engine ring _-,as agreed 17 study that's been approved and presented to the Denton 17 to it, I think this is going to open tip a Paii. 13ux 18 Engineering Department which indicated that there is no 18 here. I think but if this is the direct , ~i i ~ ~ 19 rise in the surface water and no decrease in the valley 19 been decided that we're going to start ope. t p ttic, 20 storage, which I believe meets the intention of the 20 sizable areas of floodplain to be redev t lope-L ,e have 21 drainage standards in the subdivision chapter of the 21 a concern about it conceptually and broad!;,, n,- 22 Development Code. 22 necessarily just this case because, you kiicv4, Jrltcrint 23 The mitigation of natural areas results in 23 has signed off on it, but I think it's a step IT 24 the trade-off of 12.23 acres of floodplain being traded 24 haven't taken before, and one that should tic, c -,aken 25 off for six acres of additional planting as shown on Slide 25 lightly and maybe it hasn't been. I don't kn xV, smut it is PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Pz ge f, - Page 68 CondenseIt""I Page 69 Page 71 1 again, it is quite a different step, and we know this 1 don't have a way to quantify how much of aet impact each 2 area floods. I mean, we've got case after case of people 2 one is having at least not in a in a vcryl easy sense. 3 coming into us about the Hickory Creek basin flooding and 3 So the component of what we're proposing here simply 4 we've taken a lot of heat on that. 4 looking at this from the standpoint of what i~ 5 So I just have concerns but if engineering 5 agricultural activity and what does it mean, l i.e arts 6 has decided it's okay, I guess it's okay. 6 soil disturbances on a regular basis, potent 7 COMMISSIONER STRANGE: Mrs. Holt. 7 herbicides, potential fertilizers and we're 1, ~ at 8 COMMISSIONER Hour: I,d like to hear what 8 that from a housing development standp,:)int nt Simply 9 Dr. Banks has to say about encroaching on the environment 9 means a lot of the same things, herbicide ' ~~fitw= 10 as this will be doing. 10 fertilizers, et cetera. 11 DR. BANKS: Members of the Cotninission, good 11 The. drainage swale area is goiv 1 12 evening. My name is Ken Banks. I'm the manager of the 12 some mitigation for that. It will not be , m i r =S 13 Division of Environmental Quality. I was asked to look at 13 actively plowed with soils exposed, thm, s - 'Iiure. 14 this site from the standpoint of environmental areas that 14 So I would I would think from a sedimen i,!:rtg 15 exist which have been pointed out, are of multiple types. 15 standpoint outside of the construction of th _ e 16 The type that will bear the most brunt of 16 sediment loading from this area will act,w! 17 development in this particular project is undeveloped 17 Herbicide and pesticide loading, 18 floodplain. I will point out that the there are no 18 depend on the yard density and the nianagcrn=. 19 strong criteria that we have to look at this other than to 19 the residences. I simply point out that there a- it), 20 look at the current land uses, proposed land uses and what 20 impacts going on in that area right now. -ttat area is 21 that means from an environmental standpoint. 21 not a pristine area. It is an area that i-, n. :..t 1 ,iih a 22 Currently there is a land use in this area. 22 certain type of land use. So does that any oti,, 23 That land use is agricultural. It is farmed actively. It 23 question? 24 has a sorghum field with a portion of it that's in a 24 COMMISSIONER HOLT: what oih~. 25 coastal hay pasture. That area has activity on it. It is 25 that area are you talking about? You said sh,, U other Page 70 Page 72 1 farmed just like any other farming area would have 1 things in that area that impact that W°3vs. outer iYiings 2 activities which means that the soils are disturbed, 2 are in that area? DR. BANKS: The area that the'_ ±.annuig 3 planting activities occur. It's cultivated. Several 3 4 activities are occurring in that area currently. 4 on developing is actually an area that is ,tre~tomin etely 5 What is being proposed is going to be an 5 agricultural. They are proposing LhiOLIgh ' dce elop7nent 6 area that is developed into a residential housing. That 6 to remove some trees, but it's on the d-,JUT, , six 7 is going to take that 12.23 acres out of agricultural 7 or seven larger specimens. There : a r rye line that 8 production and put it into an area that is proposed to be 8 exists in there but it does not have hi o o\* r1i in it. 9 housing. 9 The mitigation that they're propose lg b.= ho lantinu of 10 Agricultural production has an impact from 10 trees is going to in some regards make Up tt,i iiat 11 an environmental standpoint as does housing developments. 11 particularly when those trees retch appr4 _i tbie. size. 12 That is the other ESA's 111"J", ,e 1-1 that 12 When you. expose soils by plowing areas, you load 13 sediments. When you put fertilizers or herbicides on the 13 area are water-related habitat. and il, icn <n p in an puffer, 14 land, you have an impact on water quality. Those things 14 which according to the maps that v, ce i lice e are not. 15 are occurring currently in this system. 15 going to be developed in and therefore t-, ;Airi in a 16 We are looking at this from a standpoint of 16 similar condition. The hydrology of i ~ ll likely 17 what that means in relation to the proposed development. 17 change slightly, but the flood studs, tlw ie ii done 18 That is a difficult question to answer. Housing 18 and the addition of the drainage sv,ale t t area should 19 developments have impacts as well. There will be a larger 19 offset the additional amount of un e-,-v .us over put into 20 amount of impervious surface in there. There will be 20 by the by the housing developni n 21 some mitigation afforded to that by the drainage swale 21 At that point I'm moving + e L i 22 that has been proposed. There will be a potential for 22 outside of my area of expertise. I3ia r t_t ,y 23 fertilizer, herbicide and pesticide loading off of lawns 23 understanding as to how this wilt 4 or3~. 24 instead of off of an agricultural activity. 24 COMMISSIONER HOLT: m hat ?I~ut.t the impact 25 How you compare those two is difficult. We 25 of the already two gas wells therL PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Page 61) - Page. 72 CondenseItTm Page 73 Page 75 1 DR. BANKS: Okay. 1 right in here. Now, there is some water-related habitat. 2 COMMISSIONER HOLT: This on top of that. 2 mainly due to some constructed stock pond, on that area. 3 DR. BANKS: Right. 3 But according to the map of our environments IIN sensitive 4 COMMISSIONER HOLT: Because I know that one 4 areas which is what we go by to evaluate then es; the 5 particularly is right there on the edge of the ESA. 5 riparian buffer actually ends it's a little .1! it . . 6 DR. BANKS: Right. That's correct. Those 6 see on this graph, but it actually ends rilii err:, 7 gas wells have been developed and they are currently a 7 area, so it is substantially north and a litik, i c 8 simply a Christmas tree with a pad site. So the amount of 8 east of the activity that they're propos nk 11 9 material that would be coming off of those in terms of an 9 occur right in here. 10 impact I would say is relatively shall. You're not 10 COMMISSIONER ROY: Thank vo) 11 talking about a system where active drilling is going on. 11 COMMISSIONER STRANGE: N11 11 'o had 12 You're not talking about a system where a mud pit exists. 12 a question earlier? 13 All of that's already occurred. 13 COMMISSIONER WATKINS: No 14 COMMISSIONER HOLT: Okay. Thank you. 14 COMMISSIONER STRANGE: 2i11]~'C'tiO J ..zscion 15 DR. BANKS: Sure. 15 of Dr. Banks? Thank you very much. 16 COMMISSIONER STRANGE: Mr. Roy. 16 DR. BANKS: -thank you. 17 COMMISSIONER ROY: Well, on the gas wells, 17 MR. CREEL: Can I make a conarier?,`% 18 of course, that's down, but when they're reworked five or 18 COMMISSIONER STRANGE: `,nte. G,,nc f,)m arc 19 ten years from now, we've got a different different 19 and give your name and address, please. 20 aspect here, different concern. But that's not my 20 MR. CREEL: Yes, sir. Iim Wat]v t tecl, 21 question but I think the gas wells do create an issue, but 21 Holigan Land Development, 15950 Noy to t,. , t , h I 22 those are already there. 22 just wanted to address Mr. Roy's comment , ii i i ilr 23 I want to explore a little bit this 23 and how this got here. It wasn't an ease i.i - -it'. he 24 riparian buffer. It would seem to me the loss of 12 acres 24 staff basically gave us a criteria that we rr ~ l i ante 25 of grass land there is a significant aspect of it, but I 25 forward with a plan that not only did not 1: if Page 74 Page 76 1 thought you said earlier that the riparian buffer would be I the criteria of valley storage and flood v,ateri~ 2 essentially the same, and I don't understand that.. 2 improved as it existed today. And we think 3 DR. BANKS: Yes. Riparian buffer is a 3 we're finished what we offer the residents ire is 4 formal definition within the subchapter 17 of the Denton 4 a better situation than what they're in _ 5 Development Code and it relates to areas of primarily 5 Thank you, sir. 6 forest and vegetation that are around a water conveyance. 6 COMMISSIONER STRANGE: An!: nthP,r -1lleSti011S" 7 There is a small riparian buffer that appears on the 7 And do we have a motion for this item? W --ire have i 8 environmentally sensitive area map of the City of Denton. 8 motion for or a motion against. Dr. Noble. 9 That occurs in the northern section of the property. That 9 COMMISSIONER NOBLE: Thank A=b% 10 particular area is not going to be impacted by this 10 Chairman. I don't have a motion. but I do I 1 development in the sense that it will not be cleared and 11 question. 12 the development will not be in that particular area. 12 COMMISSIONER STRANGE: Oka-V 13 COMMISSIONER ROY: So the riparian buffer 13 COMMISSIONER NOBLE,: And I think ants aa, 14 is only in the north'? Doesn't the creek run basically 14 be for staff, at least I'll start there. My - -t-4,15 through where they're describing the Swale? Where does 15 attachment 3 didn't come out too well. > sut vd aI iay 16 the creek run through there? 16 question is on the presentation from the Ilclig_ 17 DR. BANKS: These are not my presentations, 17 Development, they had the actual, I guess, - 18 but perhaps, I can 18 site or the homes that my question is h,_% at 19 MS. SHELTON: I can find that for you if 19 is actually they mentioned they're trying am 12 20 you'd like. 20 point some odd acres, but how many , -11~; ii.ally 21 DR. BANKS: Okay. 21 that are in that design are actually in that I1 22 MS. SHELTON: I think I have a slide of 22 Do we have a diagram that shows that? 23 that. 23 MS. SHELTON: No, sir. 24 DR. BANKS: Sure. That will work. So the 24 COMMISSIONER NOBLE: We don' 1t 25 riparian buffer that is mapped is actually up in this area 25 Ms. SHELTON: No, we can PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Pag(, 73 - Page 76 CondenseItTm Page 77 Page 79 1 trying to think, if oh, okay. Yes, we do. I COMMISSIONER HOLT: My motion is to deny 2 COMMISSIONER NOBLE: Okay. 2 the request for the ADP. 3 MS. SHEIXON: So that appears to be about 3 COMMISSIONER STRANGE: okay. , ha-.'e a 4 maybe a fourth of the 218 homes. 4 motion. Do we have a second? 5 COMMISSIONER NOBLE: And I guess my second 5 COMMISSIONER ROY: second. 6 question is when if we allow this, I guess, the biggest 6 COMMISSIONER STRANGE: 'tS C 3~ fioit t)y 7 general question is, you know, really who are at risk if 7 Mrs. Holt and a second by Mr. Roy. 8 this area does flood? I mean, is it the developers or is 8 discussion? The only comment l will rual : ~nk, 9 it more the City's problem if that occurs? I mean, who's 9 will coincide with your motion and the ,cci ` 1() taking 10 wondering about the precedent we're srttri,_ ra-, fhis 11 MS. SHELTON: I honestly can't respond to 11 because of the fact, the majority of that 11) d 12 that because I know if they go through the FEMA process, 12 fringe area is right in the heart of our gas ai, 13 it would I'm sorry. I can't address that. 13 Denton County, and whether or not thi,peeing 14 COMMISSIONER STRANGE: Ms. Carpenter. 14 Pandora's Box to development complete,, -at 'ringe, 15 MS. CARPENTER: Mr. Chairman, if FEMA 15 because in our Code we have language ibot:t , opmeirt 16 grants the letter of map revision for the 12.23 acres then 16 there and whether we would start seeing rec- aniatiou of 17 those then that land is no longer in the floodplain, 17 those areas all along. 18 and beyond that I'm going to have to ask the applicant's 18 So I think because of my conc.er-i3 abort 19 engineer what he thinks the liability issues are with 19 that and the precedent setting nature of ihi 20 respect to taking it out of the floodplain and then 20 will be supporting the motion. Mr. Ro-, . 21 developing on it. I mean, FEMA'S going to say it's no 21 COMMISSIONER ROY: rd like t,, 22 longer in the floodplain when they issue a letter of map 22 that I understand the applicant's position that. 23 revision. 23 understood what lie said that steps they re F~k .gall be 24 It's going to stay it's not in the 100 24 protective of the residents in this area, but 25 year floodplain, so the other thing I'd like to clarify 25 concerned about the residents downstream c:' h r Page 78 Page 80 1 here is none of this is in the floodway which is the 1 upstream of this. And I'm just not convlucet heal vtis is 2 portion of the floodplain in which the channel runs, 2 the right thing to do. 3 where the most of the flow is. This is all in the 3 And as I said before. and is vo ,:iA ,n 4 flood fringe, which isn't in the channel area of the 4 very concerned about what this prccedcm th,oi, -,his will 5 floodplain. 5 set. 6 I mean, I can't answer it beyond that. But 6 COMMISSIONER STRANGE: Oka., Am 7 maybe Mary Bush can shed some light. It's up to you, Mr. 7 discussion? If not, please vote. I'll rer ria 8 Chairman. 8 the motion that is before us is to approve 9 MS. BUSH: As Kelly said, assuming that we 9 yes is to approve. A vote no is to disappre 10 get this 12.23 acres available to be reclaimed, and we go 10 excuse me, backwards. A motion is to 3o if 11 through the loamar process with FEMA, this property will I 1 you want to disapprove you need to v of tcs. 1 1 ,rote with 12 be filled such that it is no longer in the floodplain. So 12 it you would vote no, okay. And the motion _o iisapprove 13 the liability for these homes would be no greater than it 13 passes 7-0. 14 is for these homes which are currently outside the 14 The next item on our Agendu i; ` i ,i v t, a 15 floodplain. Does that help? Okay. 15 quarterly update of the Denton 'Developrnc Ms. 16 Mrs. Holt. 16 Carpenter. 17 COMMISSIONER HOLT: Are we still looking 17 MS. CARPENTER: Thank you, 11 ! -na i_ 18 for a motion? 18 COMMISSIONER CARTER: 11-11, 1 i;h,.r`- 19 COMMISSIONER STRANGE: well, we could be. 19 looks different than other quarterly repcart ? . , 20 I was thinking about something else. But we can have a 20 is the last one that I sent to Council and it - 21 motion do you have a motion? 21 it is in a fomiat tliat responded to soirnr Mies 22 COMMISSIONER HOLT: I have a motion unless 222 the Council had. 23 you want to 23 You will remember that we hoar~~~~~ 24 COMMISSIONER STRANGE: No. Let's have your 24 because the Council requires them to b. fte c 25 motion and then I'll have my thought. 25 quarterly basis so that the public and the Pia-,n:rig PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Page 7 7 - Page 80 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ENVIRONMENTALLY SENSITIVE AREA ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 72.68 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST - CORNER OF METRO ROAD AND INTERSTATE 35 WEST FRONTAGE ROAD, WITHIN A NEIGHBORHOOD RESIDENTIAL (NR-6) ZONING DISTRICT, LOCATED IN THE WILLIAM ROARK SURVEY AND THE J EDMONDSON SURVEY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND AN EFFECTIVE DATE. (ADP05-0004) WHEREAS, Holigan Land Development has applied for an alternative development plan which is on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "A" (the Alternative Development Plan), on approximately 72.68 acres of land particularly described in Exhibit "B" attached hereto and made a part hereof (the "Property") located in a Neighborhood Residential (NR-6) zoning district; and WHEREAS, on September 14, 2005, the Planning and Zoning Commission recommended denial of the Alternative Development Plan with conditions; and WHEREAS, the City Council nevertheless finds by supermajority vote, that the Alternative Development Plan is consistent with the Denton 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 as are the exhibits attached hereto. SECTION 2. The Alternative Development Plan is hereby approved subject to the mitigation plan therein stated in Exhibit A. SECTION 3. 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 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 2005 EULINE BROCK, MAYOR ATTACHMENT 6 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S R, TY ATTORNEY BY: PAGE 2 EXHIBIT A Environmentally Sensitive Area Alternative Development Plan The purpose of an alternative development plan (ADP) is to provide an option for developments that do not meet the standards in the Denton Development Code (DDC) and that meet or exceed the objectives of the Denton Plan and Development Code. Applicant Holigan Land Development is proposing to reclaim approximately 12.23 acres of undeveloped floodplain as part of a 95.16 acre site. (See Attachment 1) The proposed development will deviate from the following Denton Development Plan requirements: 1. 35.17.7.A Undeveloped Floodplain Development Standards, Permitted Uses and Activities. Residential development is not a permitted use in designated undeveloped floodplain. 2. 35.19.4.D.1. Drainage Standards, General Drainage Requirements, Floodplains, Floodplain Restrictions. Development is prohibited in any portion of the property which lies within the floodplain of any stream or drainage course. These Floodplain areas shall be preserved from all destruction or damage resulting form clearing, grading or dumping of earth, waste or material, or stumps, except at the discretion of the Planning and Zoning Commission. 3. 35.17.8. Riparian Buffer and Water Related Habitat Development StandardR. Residential development is not a permitted use in designated riparian buffers and water related habitats. Mitigation Plan ADP standards require that the applicant address the following three aspects of mitigation. Holigan Land Development proposes the following ESA Mitigation. • Engineering - replace any lost valley storage and prevent rise in 100-year water surface elevation resulting from reclaiming 12.23 acres for development. • Natural Areas - replace any lost natural vegetation resulting form reclaiming the 12.23 acres of floodplain for development. • Social - enhance the quality of life for residents of Glenwood Meadows and the City of Denton by increasing the environmental value of the remaining floodplain with additional native plantings and a hiking trail to provide access to green space. Engineering Mitigation To mitigate for filling 12.23 acres, Holigan Land Development will construct a swale in the northwest corner of the development. The open swale can be used for future playing fields or other activities for the residents of Glenwood Meadows. The proposed swale is approximately 6 acres, designed with a gradual 10-foot horizontal, 1-foot vertical side slope and a cross slope of 0.5 percent to promote positive drainage. A flood study has been presented to the City of Denton PAGE 3 Engineering Department, which indicated there is not rise in water surface and no decrease in valley storage. Natural Areas Mitigation The Denton Development Code recommends planting native trees in the Hickory Creek floodplain. The planting area is approximately 6 acres, located adjacent to the proposed residential development in the reclaimed floodplain. Tree planting will consist of native species, 2" - 3" caliper in size, planted in clumps of 3 to5, separated 25 feet on centers. Approximately 50 trees will be planted in this area. Species to be planted in this area will be chosen from the following list. Native Tree List for Mitigation Planting Zones Trees Bur Oak (Quercus macrocarpa Shumard's Oak Quercus shumardii Pecan (C a illinoiensis) Cedar Elm Ulmus crassifolia American Elm (Ulmus Americana The native trees to planted to satisfy the natural areas mitigation will carry the same survival requirements that are specified in other types of tree mitigation. Survivability requirements (through currency, bond, or letter of credit), as specified within standard tree mitigation requirements will be met. The same requirements of inspection for 90% survivability after 3 years of establishment that are included in 35.13.7(A)7(d) will apply to the trees planted as mitigation. Social Holigan Land Development will construct a hiking trail through the open space, accessible to residents. Benches will be provided every 500 feet along the trail and access at various trail heads. Paved trails will be concrete, 8 foot wide, 5 inches thick, with reinforcement #3 steel bars on 18"inch centers with an expansion joint every 40 feet as required by City of Denton Parks and Recreation Department. Concrete strength is to be 3,000 psi. CCA treated wood will not be used for any structures in the trail system. Other Requirements Regulations concerning the gas well location and its continued operation along with subdivision, site design standards, park dedication and other requirements will be addressed during the platting and building permit process. PAGE 4 i i EXHIBIT B Environmentally Sensitive Area Metes and Bounds Description GO" ACMS ENVIRONMENTALLY S NSTrARRA BEING A 60.448 AM TRACT O LAND SITUATED 1N TIE 3, IMMONSON SMVEY, ABSTRACT NO- 40k "I RE 5. A. PRrrcm Tr 9MV18Y, ABSTRA 'r NO 1004, AND THE W ILLIAM ROARK SMV EY, ABSTRACT NO. 1097. IN r)I3Lwi'rON COUNTY. TEXAS, AND BEING PANT OF A CALLED 95.159 ACRE TRACT OF LAND DESCRIBED IN DEED TO DEN TON I0NNM RRAH JOINT VENT URF, QED 134 VOLUME 491 S. PAGE 735 OFT 13 DEEDRI ORDS O? DENT*1q COO NvN, TEAS (I AD.C.T). SAID 60.448 ACRE TRACT, WITH BEARING BASIS BEING THE SOUTH 124E OF SAID 95.159 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY MJ3rES AND BOUNTT)S AS FOLLOW& CIDM NG AT A 318" TMON ROD WrM RED PLASTIC CAP STAMPED -ALLIANCE" F011ND FOR TIM NORTHMST CORNER OF SAID 95.159 ACRE TRAC L, SAID CORNER BED TN THE SOUTH LINE OF A CALF 70 4 52 ACS 'T'RACT OF LAM DE,, D IN DEED TO M ARVIN HENDMSON ESTATE TRUST, RECORDED IN CAGY CLERICS FILE N(X 96- 5800, DA.D C.T.; TI MNM ALONG I Or-- NORTH Lori OF SAID 95.159 AC TRACT AND THE COMMON SOUTH I 'E OF SAID 70.452 ACRE TRACT', T RE FOLLOWING C=SBS: S W3V1r E,.A DISTANCE OF 157.3' FEET TO A POW FOR COIF; N 76"4059- L', Al DISTANCE OF 24.56 MT TO A RAILROAD CkOSS TIE FOUND FOR CORNS ; N 84-0917" E, A DISTANCE OF 64.19 'FAT TO A R MROA'9D CROSS TIS FOUND FOR CORDER; N 85°M I" L5, A DISTANCE OF 846.20 FEET TO A 1W LRON ROD FOUND FOIL COR.NBR; SLIS°=01" E, A DISTANCE OF 20.11 T=IKET TO A 112"b MON ROD FOUND FO & CORNEAL, 5 Or370"° E, A DISTANCE OF 48.711 Tom" TO A RAILROAD CROSS TIE FOUND FOR CORMk; N tn704" W, A. ]DISTANCE OF 13.36 FEET TO A 112" IRON ROD FOUND FOR 0DRNER, N 61°3Y43" EEA DISTANCE OF 46.27 FFIj'I TO A IT" TREE FOUND FOR C`ORN~; Stiff I" l (9F ~ PAGE 5 'N4V27sVS, AMA= OF Comm, S 44vs1- r., A DISTAOM OF 60.x' PDU S7r5W54`f,AUI$TANCR(W4J79 FM TO A WHAMMY TRES FOUND MRCN-~ jiliW g Irk x] WAi`XR ,Ei .vA FEET 'TO A MATIV S.-T RixI'm .)J4 (j r4f, AND ALONG THF;'F-.k!3T LM OF SAM ? 3i a'4 MPik,,'NDN Fib ' iTA' OF SAM CCUEY-j'AB S 19" V, A CXST-A:Y 13533 933-26W B. :TATIC rOrr V T0,4PQ1 TFOR " ;AIPM:^tNC-I- OF V,42 FEET `lamAPCW TYQ CMNM N86'12i:2" A DWAMM OF 6757 TO VCY-w P C tiirk; W22 -3 "r,A DWARa OF46 63 T!0-714 NK Y WORTHEAST CORM CV SAJO OASO AM TRACT; I i i PAGE 6 FA k UKL ELF SMD "5_l '~P ACMTRA s' AND THE C L1-S OF A ALLED l ` 1" At`RE TRACT( ;ANE' D Cl" W-bTM WNTWUM UM EAST { I E A,141) CHE COMMON WUT LLVE LAP D l . MkC_l TOXA.7MA DIS7A.i 4CT, 749 FE F7, TO A M* (RON kW X WR'FITYKA9'rCORNER ACALLED 95,539 ° . . 01, LAIND alt=SAIL) l L5to,A kCT AND . 00WONt NORTH LWE1-17 5; '51.59 RXTRAt T~AM5'ANC 601A UT T , POINT Fes'. Ii-NER,FRo ACRE Tg-k:;: N $L Tli li 'i T col hEx, SAW 95' is- ACRE THF-W, P, A.F'ST."kil, SAM i:r-< 'A K MM AIM AMM 9A. WACRE K 45440W W. A DDWTAN.CF OF, 17 TO I W, A, DISTANVE 01; 4:07 MEN' O . POW FOR CUR.- FR; W, 35Z TXE~t TO POW FOR '`N" ; 'N 3TZrW 5' ' , D 7` 5 43.68 M-5r'W A 23"1413r ',EA LE I"ANC110f V. TO.IX PtG MT COMM, ~'~FiP ~ CAP ~ PAGE 7 rte'? 702" , A DISWNC9 OF $x.7 5 PM TO A FCC . R~7--A ct't li--fit, WSJ" O TO KKN, 't 1 K N 1 - W, A DI STAMM (W 34,E . _ , T P 0-11 QWN. LIZ Z ] x''4 1 . ,4. 01 STAKE OF 11,1FD [ E' A KfNT ' ' .s POX N61-352r WA MffAWM Of ~2,4.1, YERT TO A.P0VV FOR CORNER-1 * ,I v, mire nM,&W u (W 17.76 FF FT e . IUA; 30DDWl11 ,E DISTAN , f,5437 FEET A F07', r Fly, 0:a~N N "TANUI. OF 76,23 VW TO A PO T-S V ILCU:. 10 5+x" . A. DWAXCI~ 01'17-39 F E77 A PC04r FOR , 67~5311 E' A T'F. WAL OF 1.3,3,$ IrM TO A M P PAGE 8 °4 t A DMA= OF X104 , S "'03'19"` , E.nT, SO I' ` 70A, POW PM COMM 210494111 A OSTANCT, OF E9.39 FEW TO A 2 W1. W~A DISTANC 1; FQ4r4,fLETT A PCM-,!T CORNM r.~ .~^T ~l~".`~.~~4 F•E~f~~".~&YfhC~,,~"°~"ll~a ' 514 1 ['40' W, D X63 3 aM 1)D A POM FOX C CA MM COMM Vii,- , A , 179 MT To NET A, W. D ANNE 97A5 O POptMT FOR MOM; D' ' C0MW4 -9 Wlw-vr 64-21"W, , A U~t'f WCE OF 123.0 ME1"1 POs` POR CU~~'~ MUTT .ff a PAGE 9 WQ'' :43 Es ,s` ,AICB"E TC€ 1 l"~ A Fyn }C4. a d,MrANCT, J : ~I-rEETTO,~POINT 24 WEST LU .X1MID!6 ;59 ,M'"x:E RACI.FROM Wffr0- $'['M AFWffia+'JD W VXM 4 of smo.rigkcRETRACTAND SIAlP *firrAWMAKk.Ur4kOftfTM LES& Cis.ST~ka~°'^~~s.:y~ D It 0y 5t--?~~Ta~F+ 74 MAS it t-i rr a7 PAGE 10 ` 68 r,~a f ~ ~Cr t r ~ X77. Mss y} ~ a ¢ r y, 1h*eomrt%us1 40, rt 6.f $,M ~17R~ Y. ihlt dF1 t° M~~ Ji~t~r 81 i.. .A ! 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LK 0. tr~ 15i w a ,F ltiti ~r 3 ra^~t rl' °yi x.1 ii , 6.s 4 @-,y h 154 S~ a3..A13 ~LIE wn 1 r ,t jib +~Y 04 t0v 1.1.1', t w r~i F7~ + Sb R,~u L7♦...7 1:x1 Ip -7 7- v 4 ~ y x3 f' 3 5 _ ~e ~S __7 -ok ttl „m 5r1#h3x tiv..`FT~"~'M 1~ 1+I S7P4lS"F it ~~L1h *CsW Eks `r ~17 G s ~2. y r~k "i#x . r4 ~i fr ~ ":.•T'~:SLT~ ~ E @f.. ~ r lii,1~1, L14 '=1 49`~Cv 3'41 #I ~1~ n t 4 _ LaI k3 1 y~ s. _ _ 1771At #ISe~►:l IA,~ =7G'4iTN~~3Y '-T.11 Ow,lf iS1 Nw ' `~~nL r1 !3 S1 L~4 34 iY y1~. 1 42 a~+rl'wr," 1~ ~3, % 5 an taw is #~1 i4{ ~ES-:.rQl+'~1`..~f yY Ji f A. EI y 4'TI* 'ES,T"s 35 H i# A13t W ~a Lli+ % F~}u:,~a '#nf~l`Y,~• ,;~'.~.i,.~:: if mm vzo CAPPED, "5.3 (C~7: Ott ti '{.1~P Lf' PAGE 12 ATTACHMENT 5 Reclaimed Land Metes and Bounds It= ACM ~ +d A JU33 Aim G -S! i a_+ M) iN i a VAUJAM ROAM -i.3I,Vr,Yw+~RC's W. 1~37. pq 01tNTtN ~,'OU-.T Er,,,AS. TO p~f pix,&-v jCINT VE-NT re Y ,1.QSC0RJ?7,T] IN _ l"ITNIV 49, a, rAC 733, or- T11t 077-D MMMENCINGATA Yr UM ROD L.4)P ricCAS'STkkMa ALLIANCT"' ND FOR TM = COM. ? OF SAID 95 A 9 ACRE ";CAC's 'BRACT. :-rW~~Sf~(!-'t WU 1065,82 ~~y ~~y y~~+}?:,~LiYi ~y W d~17W- oti '~~y` G~~,~ C rW3` . TO Ai"~gF, FM IA~Va; N H6 a ,y..3 tm gE, ~iA1, ~R~dTSTAi Y~,~d'CE R~. 11 ~-'t.4".. ~;~1i'rF_ EMT TO A g9 i~'yk/A q PMT 4a+ Ey 0711473V, W.AIS 5T Lt, 14F".'"T0AP0 . :C CANTR; S te'-3Sq , A DIS- f :0 CH OF FM TO A POW M CORN=; PAGE 13 ts.r.rx ~ r•Y~"i~: k: t6.' ~a3 9 If 0n "'vi, . ± a ,1• ;y~.r~'~ }v* E iy,. ti r- f0K to, TO A •Ay,;r`~t WP L Call k.•Frv ~i.Nva:, °.f- of t k+t,.''.E,,r~k:;:~i.r ['~rh~«'E~'ll.-~:~.. I jot of Aw vn Z rrm t rx' 1 s r F-` 7 it, : T lf. -Itt N ~ 11 r !~y E}(~ f r l K~ S ri 2s • : N✓Fr~ .~µY-° r..: i. i- ' ci f'"i it v 1% Tk le )k T ~yra`~y~'jyiE~~!'~lt~wr y~ s{1~~:'' ~tt,~~.. xil w«...Yi~d€t~) ~~•z.,,*,~+y9 y .~.~~4~ ,4*r-:~`tF`i. ~~7 4i ~~Iyy!11..:ji##y~'f` ~~r~Ya~.~i -"0 ~y TR ,~y~}.~ y y € %1" ALONG 4 11F{. KW, i< r4el 0~ •"},M}V AIEW PAGE 14 w ow ;13P k5~r1}~J1C7t"'i i-'Ja. f' .1 { • 17` R w . r>,3 ~ 4, t k r Jh i ¥ r . ter; « t f N6 ~ w` ~ + + ~ y ~ tt*~r w'!'£ 9w ~ ~ ~R ~w{ x•'• tY ~w^RJ .W.~x ~r~ t ' ~a ~ T tt ~ M.:: f~ f . j1I 14~ A ~.x 3 7.yy i' "A1 {tR.F~ "R. Y rx✓ r w kM"w R i~ t' ~ r•.••.. ~ wy ii fgl~y«, k i} 1 't..~~ ~i~ 4 1` aYn. k - '-b 4ti B` s< a ~ ~ 'I tc 0 kox ~ tom, k « pia u x ftsir< r ~a.{ tti33;5 AT r.t 1 lit -"Y ~ ~ ~ YR.•~•.k~ F ~ i ~F,.t?..-..«J1 7~... mm ~ ~ tf`. r •w wr Rrw. r. vaf _ « bt' ~ T r k= 3 i- ti• ~ 'b t F k'~'i~ j :..3 ~!x•:kH3'fi~ls 'vs I r.+r kxR.rt 1 .k. Y r { r la INI't •wa. - f...,.. xY:S P3 MSai~~ a ~ e rl t 1«M s r„Rtr. tsx~4 t e ~f a itt 7P,l~,. *~r "'..4'i t~ ?r9}. r-` 3 n. ;.i: t#w:h +t4~"... t, Ira 9;;W4V ter jtacs ax•r_e~ at- c 1 - 3d':+.}{x~ ,_n s. and ~ i. c„ ?•Ei ~v.~ Y.•H: r: 1'tk t~#~:. Kxq4f LT 't!~t }t tiw a- w '0* btmi i tw PAGE 15 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Planning and Development De art ment ACM: Howard Martin, 349-8232 SUBJECT Z05-0021 (Robson Ranch) Hold a public hearing and consider adoption of an ordinance approving an amendment to the Detailed Plan for Planned Development 173 (PD-173) zoning district for approximately 7.54 acres to build Section 2 Detention Pond. The subject property is generally located on the north side of Robson Ranch Road, approximately 5,500 feet west of I-35 W. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicant: Robson Ranch Development, LP Argyle, Texas The applicant requests approval of a Detailed Plan Amendment for Planned Development 173 (PD-173). The applicant is requesting to add 7.54 acres of land to the Detailed Plan to build a Detention Pond in the subject location. Public notification information is provided in Attachment 3. As of this writing, staff has received one response in favor from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Based the finding listed below staff recommends approval of the requested Detailed Plan amendment for Planned Development 173: The proposed Section 2 Detention Pond is a required drainage infrastructure for the residential subdivisions within the Planned Development 173 (PD-173). ESTIMATED PROJECT SCHEDULE A Development Plat has been submitted for the subject site. The amendment to the Detailed Plan must be approved prior to the approval of the Development Plat. I PRIOR ACTION/REVIEW The following is a chronology of Planned Development 173, commonly known as Robson Ranch: Application Acreage Approval Date Ordinance Concept Plan 2,725 August 3, 1999 99-265 Detailed Plan for Water Reclamation Plant 2.8 September 7, 1999 99-319 Detailed Plan for Residential and Golf 1,361.3 February 15, 2000 2000-059 Course uses Amended Detail Plan for Robson Blvd. October 19, 2000 Staff Level of Approval (Minor Amendment) Detailed Plan for Maintenance Yard 1.4 June 5, 2001 2001-215 Amended Concept Plan to allow gas well 2,275 July 17, 2001 2001-247 operations and to amend landscaping requirements Amended Detail Plan for sidewalk November 20, 2001 Staff Level of Approval setbacks. (Minor Amendment) Amended Detail Plan for reduction in lot April 16, 2002 Staff Level of Approval yield. (Minor Amendment) Amendment to the Concept Plan and 673.36 October 7, 2003 2003-324 approval of a Detailed Plan Amendment to the Detail Plan for Sec 8-1 35.7 September 30, 2004 Staff Level of Approval (Minor Amendment) Amendment to the Detail Plan (Minor 30.25 August 8, 2005 Staff Level of Approval Amendment) Amendment to the Detail Plan (Minor 25.18 August 8, 2005 Staff Level of Approval Amendment) Amendment to the Detail Plan (Minor 17.64 August 8, 2005 Staff Level of Approval Amendment) Amendment to the Detail Plan (Golf 33.65 September 20,2005 Pending Course B) ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification 4. Photos 5. Detailed Plan 6. September 14, 2005 Planning and Zoning Commission Minutes 7. Ordinance Prepared by: Supriya Chewle, Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Request The Detail Plan encompasses approximately 1,361.3 acres for Planned Development 173 (PD- 173). A pending amendment will add 11.37 acres to the existing Detail Plan increasing it to a total of 1,372.67 acres. This amendment will add 7.54 acres increasing the Detail Plan acres to 1380.21 acres. The acres around the subject site are used for Single Family Residential uses within the Planned Development 173 (PD-173) and vacant. Existing Condition of Property Property History. February 20, 2002 - The subject property retained the Planned Development 173 (PD-173) zoning status and land use classification by Ordinance 2002-040. The subject property in question is vacant. The subject site is shown as Multi-Family Use in the Concept Plan. Adjacent zoning: North: Planned Development 173 (PD-173) South: Planned Development 173 (PD-173) East: Agriculture (A) West: Planned Development 173 (PD-173) Comprehensive Plan Analysis Proposed Detention Pond 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. Development Review Analysis Per Section 35-181 of Chapter 35 of the Code of Ordinances, all planned development districts shall be developed, used, and maintained in compliance with the approved Concept Plan for the district. Planned Development 173 has been designed to allow the co-existence of residential, non- residential, outdoor recreation, and gas well operations. The proposed amendment to the Detail Plan as submitted is compatible with The Denton Plan and surrounding land uses. ATTACHMENT 2 Location/Zoning Map NORTH 3 .Mmmm. W ,p III m 711m. N .O A W 1J r A m z Future Land Use Map r m z 4 ATTACHMENT 3 Public Notification NORTH ft a G~..4 Y~ Jf ® , 7( ! F~ RQBSQN.RANCkI MWF; . 4r f J ''I f!/ Scale: None Newspaper Notification Date: September 4, 2005 200' Legal Notices* sent via Certified Mail: 11 ■ In Opposition: 0 ■ In Favor: 1 ■ Neutral: 0 Percent of land within 200' in opposition: 0% *Property in the ETJ is not notified 5 ATTACHMENT 4 Photos View from lots along the north boundary of the proposed Detention Pond. View from Robson Ranch Road. 6 L IWt7~EA0DiBtl4. y+-i0~5BOP~lY17f ill 1g, pig n $ Cliff I_ 10 mll~~ a e$a ~ ~N ~ ~ 1 I N 1 J ~ 1 a a w wv;ptm Bow r-- I a 1 @ g g Al 3 & ~ ~ a II ~ ~i I _ t I 05 L ' 4k 6t IUGWPUGWV UBId HBIGa 9 iN3WHOVii ' ATTACHMENT 6 CondenseIt"" Page 5 Page 7 1 COMMISSIONER STRANGE: Tile next item on our 1 homes? 2 Agenda are our public hearings. And the first one is to 2 Ms. CHEWLE: Yes, they are. 3 hear an amendment to the Detailed Plan for Planned 3 COMMISSIONER ROY: The 11011 s aa~~ 1It .-e? 4 Development No. 173 zoning district for approximately 7.54 4 MS. CIIEWLE: Yes. 5 acres for Section 2 detention pond. Ms. Chewle. 5 COMMISSIONER ROY: And they',., a-, 6 MS. CIIEWLE: Good evening. The applicant 6 far as you know? 7 is Robson Ranch Development, Argyle, Texas. The subject 7 MS. CIIEWLE: Yes, they are. 8 property is located on the north side of Robison Ranch 8 COMMISSIONER ROY: And no wt h,;c, arc :a 9 approximately 5,500 west of I-35W. With this detailed 9 objected to this? 10 plan amendment for Planned Development 173, the applicant 10 MS. CHF,wLf:: No. They, in f Ict 1 I is requesting to add 7.54 acres of land to the detailed I 1 because right now they don't really hat c a I ° any 12 plan to build a detention pond in the subject location. 1.2 well, currently the property the front of *h-, 13 The detailed plan currently encompasses 13 properties flood because of the storm dater. _3 - the 14 approximately 1361.3 acres for P.D. 173. A planning 1.4 detention basin the detention pond k 0l only leil tkem. 15 amendment which we saw a couple of weeks ago will add 15 COMMISSIONER ROY: Thank you_ 16 11.37 acres to this existing detailed plan increasing it 16 COMMISSIONER STRANGE anconr ~~~,c aav, u,~~ 17 to a total of 1,372.67 acres. This current amendment will 17 questions of staff? Thank you very much. s u _ti u 18 add 7.54 acres increasing the detail plan to a total 18 public hearing and we will now open Lhb - 11t1:-t . licalinq. 19 1,380.21 acres. 19 Is the applicant here and do they wish to s1«_`'` 20 The subject property is vacant and is 20 MS. CARPENTER: I don't think the a~ of cans 21 currently a shallow depression where the extra stonn water 21 is here. 22 runoff collects. The acres around the subject site are 22 COMMISSIONER STRANGE: okay tE 1-% 23 used for single family residences and are zoned Planned 23 the applicant is not here. We do 24 Development 173. The Planned Development 173 has been 24 MR. SMITH: Excuse me. I fillcd 25 designed to allow co-existence of residential, 25 for when to speak. What's the process? Page 6 Page 8 1 nonresidential, outdoor recreation and gas well I COMMISSIONER STRANGE: You,, 2 operations. 2 to speak. I was asking if the applicant wa, i., 3 The proposed amendment to the detailed plan 3 would be the people from Robison Ranch S,d if, 4 as submitted is compatible with the Denton Plan and 4 applicant is not here, we will then go to Thcj;;~, r -.ia,; 5 surrounding land uses. Public notification information 5 do wish to speak. And I assmrtc you're ! r- 6 was sent to people with to neighbors within 200 feet 6 MR. SMITH: Right. 7 and 500 feet of the subject property. As of this writing, 7 COMMISSIONERSTRANGE: ckly. 1N Mittl, it' 8 staff has received one response in favor from the 200 feet 8 you'll come down and give Its your name arar W Iress 1 01- tile 9 owners within the 200 feet. 9 record, then we will give you the opporturliiy 10 A Development Plan has been submitted for 10 Ms. sMiTH: okay. My name is 11 the subject site. The aniendrnent to the Detailed Plan must 11 I'm at 9512 Perimeter Strut. And I'm in 12 be approved prior to this prior to the approval of the 12 zone of that map that was shown prey i', . Ie 13 development plat. The proposed section detention pond is 13 only way you can ask questions so I i illo-' rd, 14 a required drainage infrastructure for the residential 14 COMMISSIONER STRANGE: Right. 15 subdivisions within this within the P.D. And based on 15 MR. SMITH: t previously respond, 16 these findings, staff recomnnends approval of this 16 about being opposed or unopposed 1 laic? e 17 requested Detailed Plan Amendment. If you have any 17 conditions for being unopposed and Ili tI 18 questions I'll take than. 18 raise these questions. The question is this l 19 COMMISSIONER STRANGE: Anyone have any 19 catch basin. The question is there going h be 20 questions of staff".? 20 pumping facilities associated with it that ci u==~ ate 21 Mr. Roy. 21 noise for die neighborhood. 22 COMMISSIONER ROY: Would you put the map 22 COMMISSIONER STRANGE: I tlunlC 'WAS 1 23 back up on the excuse me. The next one about the 23 to get the staff to come back and be in t p--: 24 notification, that one. The 200 foot mark includes 24 answer those questions. Normally a dewntsw~ ,a.,t,d does 25 several lots there. Are those lots built on are there 25 not have a pump. PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Page 5 - Page 8 Condenselt"" Page 9 Page 11 1 MR. SMITH: Do not. 1 Robson Ranch. 2 COMMISSIONER STRANGE: Let's let the Staff 2 MR. SMITII: Address it with who, did you 3 answer. 3 say? 4 MS. CHEWLE: I'm not really sure if there's 4 COMMISSIONER STRANGE: S; ITI~, L ~',1 Rol)s"on 5 a pump going to be in there, but from what Ed Witkowski 5 Ranch. 6 told me it will only take a couple of days to drain from 6 MR SMITH: oh, okay. All right, w tlrc 7 there. 7 question of spraying and so forth, if it's - ` L ,t g(- 8 COMMISSIONER STRANGE: Yeah. Non-nally a 8 heavy rains and it retains instead of detaim: - 9 detention pond is just a structure that's made to catch 9 COMMISSIONER STRANGE.: 1 ou e: 1 r 10 water for large volumes and detain it and then let it go 10 detention pond, so normally those will de- :,hk 11 out-- 11 in a couple of days. 12 MR. SMITH: would there be a dart" There 12 MIL SMITH: Okay. 13 would be a dam. 13 COMMISSIONER STRANGE: I U ill r6't 14 COMMISSIONER STRANGE: There would be 14 just built one not long ago, and that's ex rctly l.r.it `t 15 generally, it's not even a complete dam. It would just be 15 does, it catches a lot of water instantly Mien it r.r Ha, 16 a dam with maybe a baffle in it so that the water will 16 the next day it's dry. 17 slow down and then go on through. 17 MR. SMITH: Yeah. 18 MR. SMITH: All right. My more serious 18 COMMISSIONER S'I RANGE.: Anal thaiC s N~hat the 19 question is will that pond when it's up to level be 19 purpose 20 sprayed on a routine schedule for mosquitoes and will that 20 MR. SMITH: And there's not goer g be -in,. 21 spraying process be reported to the homeowners in the 21 concrete liner or anything in there., 22 community'? 22 COMMISSIONER STRANGE: It eau;-_ 23 COMMISSIONER STRANGE: well, again, the 23 little pilot channel to keep it from croding t1:. 24 applicant would have to be here to answer that. But 24 should be the case. 25 normally, again, a detention pond does not hold water. It 25 MR. SMITH: what is that arlr cxien W_ D Page 10 P'a,;e 12 1 just detains it and then releases it. If it were a 1 the pond? I mean 2 retention pond, then 1 think you would have an issue, but 2 COMMISSIONER STRANGE; ~i ur., ' er'era't 3 a detention pond is a different 3 1 haven't seen all of the detailed plans Sor i nt sr~n? 4 MR. SMITH: rm sorry. You're making a 4 staff could distinction. Would you say that again" 5 MR. SMITH: That little arm 6 COMMISSIONER STRANGE: I said if it's a 6 COMMISSIONER STRANGE: Y C.oul(`n' 7 retention pond 7 that for you. 8 MR. SMITH: Yeah. 8 MR. SMITH: Because the water CC s _iwre r 9 COMMISSIONER STICA.NOR: that's more like 9 or less, I think, from the center, from the 10 a tank or a pond. 10 the storm drains within Robson Ranch 11 MR. SMITH: Right. 11 COMMISSIONER STRANGE: Rib117 12 COMMISSIONER STRANGE: It would hold the 12 MR. SMITH: underground Io ti i,. 13 water. A detention pond is just a structure 13 COMMISSIONER S'IRANGE: Ri-h! 14 MR. SMITH: what was the second word, de 14 MR. SMITH: And f just didn't irnd(-,t 15 COMMISSIONER STRANGE: Detention. 15 that retention. 16 MR. SMITH: Oh, retention versus detention. 16 COMMISSIONER STRANGE: WC'11. 3- 17 1 didn't catch that. 17 applicant's not here nor do they have arr. i i , i. t 18 COMMISSIONER STRANGE: Two different type 18 engineers here, so we would not be eclair;' ' sN; cr lh1t 19 two different animals. 19 question for you. 20 MR. sMI"I'H: Okay. 20 MR. SMITH: So I Should talk v ~zl 21 COMMISSIONER STRANGE: So, again, we'd have 21 What what's the department I talk to al 22 to get somebody from a professional level to explain those 22 COMMISSIONER STRANGE: Well, aid talk 23 differences, but I, as a layman, I can tell you that's 23 to someone in the City of Denton En rncar:;~ r +artaneni. 24 what you're looking at so this should not hold water, but 24 That would be Mr. Witkowski. !=}avid 25 you would probably want to address that with somebody from 25 MS. CARPENTER: He should speak Alit! PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 1' Ioc 9 - Page 12 CondenseltTm Page 13 Page 15 1 Spiker. 1 2 COMMISSIONER STRANGE: David Spiker. 2 3 MR. SMITH: All right. That's all I have. 3 4 COMMISSIONER STRANGE: Thank you very much. 4 5 That was the only card that we had on this item, one 5 6 person to speak in opposition. And we have no other cards 6 7 so does anyone else wish to speak on this'? Okay. We will 7 8 then close the public hearing. Do we have a motion? 8 9 COMMISSIONER ROY: Yes, Mr. Chairman. 9 10 COMM[SS[ONER STRANGE: Mr. Roy. 10 11 COMMISSIONER ROY: I'm going to move 11 12 approval of this reconunendation to City Council. I feel 12 13 it's important for citizens to know that we're not the 13 14 engineers and while we might can define the difference 14 15 between a detention and a retention pond is because we 15 16 face these things, but we cannot answer any of those 16 17 questions that you asked with any certainty. 17 18 So I think your advice to him is correct. 18 19 I hope you don't take your answers that you receive 19 20 tonight as being official because they're they're not. 20 21 You have to deal with the Robson Ranch people. 21 22 So but, nevertheless, 1 am going to 22 23 reconunend approval of this to Council. 23 24 COMMISSIONER STRANGE: we have a motion. 24 25 Do we have a second? 25 Page 14 Page 16 1 COMMISSIONER HOLT: Second. 1 2 JUDGE HORN: we have a motion by Mr. Roy, 2 3 and a second by Ms. Holt. Any discussion? If not, please 3 4 vote. The item passes 7-0. 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Page 13 = Page; 16 S A0ur Documenfs\Ordinances1051Z05-0021 Ordmance.doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PLANNED DEVELOPMENT 173 (PD-173), A ZONING CLASSIFICATION AND USE DESIGNATION ORIGINALLY ESTABLISHED BY ORDINANCE 2000-059, AND CONTAINING APPROXIMATELY 2,725 ACRES IN TOTAL AREA, COMMONLY KNOWN AS ROBSON RANCH, BY APPROVING AN AMENDMENT TO THE DETAIL PLAN BY ADDING APPROXIMATELY 7.54 ACRES FOR A DETENTION POND, THEREBY INCREASING THE AREA DEFINED BY THE VARIOUS DETAIL PLANS AND AMENDMENTS FROM 1,372.67 ACRES TO 1,380.21 ACRES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. (Z05-0021) WHEREAS, by Ordinance 99-265, the City Council approved a change in zoning for approximately 2,725 acres of land to establish the Planned Development 173 (PD-173) zoning district classification and use designation, as more particularly described therein; and WHEREAS, by Ordinances 99-319, 2000-059, 2001-059, 2001-215, 2001-247, 2003-324, and 2005-301, the City Council approved various detail plans and amendments, thereby defining allowable land uses for approximately 1,372.67 acres within the PD-173 district, as more particularly described in those enumerated ordinances, and WHEREAS, on September 14, 2005, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested amendment to add an additional 7.54 acres to the existing detail plan, to require a detention pond; and WHEREAS, the City Council finds that the requested detail plan amendment is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Planned Development 173 zoning district classification and use designation (PD-173), originally established by Ordinance 2000-059, and subsequently amended by Ordinances 99-319,2000-059, 2001-059, 2001-215, 2001-247,2003-324, and 2005-301, is hereby amended by the approval and addition of the detail plan amendment attached hereto, and incorporated herein, as Exhibit "B", adding approximately 7.54 acres, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, thereby increasing the area defined by detail plan to approximately 1,380.21 acres; SECTION 2. That the provisions of this ordinance, as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinances 99-319, 2000-059, 2001-059, 2001-215, 2001-247, 2003-324, and 2005-301, but all the provisions of Ordinances 99- 319, 2000-059, 2001-059, 2001-215, 2001-247, 2003-324, and 2005-301, as they apply to the ATTACHMENT 7 i SA0ur Dccuments\Ordinances1051Z05-0021 Ordinance.doc i I regulations of the district not herein amended, shall continue in force and effect, and shall apply to the remainder of said district; SECTION 3. That a copy of this ordinance shall be attached to Ordinances 99-319, 2000- 059, 2001-059, 2001-215, 2001-247, 2003-324, and 2005-301, showing the amendment herein approved; SECTION 4. That, 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; i SECTION 5. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00, with each day that a provision of this ordinance is violated constituting a separate and distinct offense; and i SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the 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 , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED SNYDER., CITY ATTORNEY Page 2 of 2 EXHIBIT - A ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE M. SCURLOCK SURVEY, ABSTRACT NUMBER 1141. IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF THAT TRACT OF LAND DESCRIBED IN A WARRANTY DEED FROM CAL FARLEY'S BOYS RANCH TO ROBSON DENTON DEVELOPMENT, L.P. AS RECORDED IN VOLUME 4373, PAGE 216 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE" PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT BEING THE APPARENT SOUTHEAST CORNER OF SAID M. SCURLOCK SURVEY AND FOR THE MOST SOUTHERLY SOUTHWEST CORNER OF A TRACT OF LAND DEEDED TO HILLWOODIMcCUTCHIN, LTD, AS RECORDED IN VOLUME 2470, PAGE 678 OF SAID DEED RECORDS, DENTON COUNTY, TEXAS, NORTH 00°37'19" WEST 1184.34 FEET, PASSING A BOIS D' ARC FENCE CORNER POST IN CONCRETE FOR REFERENCE AT 24.50', TO A 112 INCH IRON ROD, SAID POINT BEING THE POINT OF BEGINNING OF THIS LOT; THENCE WEST 450.03 FEET TO A 1f2 INCH IRON ROD FOR CORNER; THENCE NORTH 00°37'19" WEST 500.38 FEET TO A 112 INCH IRON ROD FOR CORNER; THENCE WEST 289.01 FEET TO A 112 INCH IRON ROD FOR CORNER; THENCE NORTH 72°23'56" WEST 198.04 FEET TO A 112 INCH IRON ROD FOR CORNER, SAID ROD BEING IN THE SOUTHERN LINE OF ROBSON RANCH 2, PHASE 2, AS RECORDED IN CABINET U, PAGE 424, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, THENCE FOLLOWING THE SOUTHERN LINE OF SAID ROBSON RANCH 2, PHASE 2, NORTH 63°30'01" EAST 69.90 FEET TO A 112 INCH IRON ROD FOR CORNER, SAID ROD BEING THE NORTHEAST CORNER OF LOT 33-X, BLOCK F, OF SAW ROBSON RANCH 2, PHASE 2; THENCE EAST FOLLOWING THE SOUTHERN LINE OF SAID ROBSON RANCH 2, PHASE 2, EAST, PASSING A POINT AT 456.63 FEET, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 22 OF SAID ROBSON RANCH 2, PHASE 2, AND THE SOUTHWEST CORNER OF LOT 21 OF ROBSON RANCH 2, PHASE 1, AS RECORDED IN CABINET 2, PAGE 227, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND CONTINUING FOR A TOTAL DISTANCE OF 876.27 FEET TO A 112" IRON ROD FOR CORNER, SAID ROD BEING THE SOUTHEAST CORNER OF OF SAID ROBSON RANCH 2, PHASE 1, AND THE NORTHEAST CORNER OF THIS LOT; THENCE SOUTH 00"37'19" EAST 600.37 FEET ALONG, THE EAST PROPERTY LINE OF SAID TRACT CONVEYED TO ROBSON DENTON DEVELOPMENT, L.P., TO THE PLACE OF BEGINNING AND CONTAINING 7.54 ACRES OF LAND, MORE OR LESS; 0 s ~ f _ F f F , ''i, a E _ .tee • U3 - m , ~R 9 - 1191HX3 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Planning and Development Dftrrtment ACM: Howard Martin, 349-8232 SUBJECT - Z05-0010 (Parcel Adjoining 524 Fort Worth Drive) Hold a public hearing and consider adoption of an ordinance approving the expansion of a Special Exception onto an adjoining lot being 2.18 acres zoned Downtown Commercial-General (DC-G). The property is located adjacent to 524 Fort Worth Drive, generally located 370' west of Ft. Worth Drive and 300' north of Lindsey Street. BACKGROUND Applicant: Bill Payne Denton, TX The 2.18 acre property is located adjacent to 524 Fort Worth Drive, approximately 370 feet west of Ft. Worth Drive and 300 feet north of Lindsey Street. The applicant operates A&B Storage located at 524 Ft. Worth Dr. designated as a Special Exception under the Denton Development Code (Section 35.11.3). It is the applicant's intent to expand this Special Exception onto an adjacent lot. The Development Code at Section 35.11.3 provides for the expansion of a Special Exception through Zoning Amendment procedure. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission recommends approval (7-0). RECOMMENDATION Staff Findings The Development Code establishes the criteria for approval of such an expansion as detailed above. The expansion appears to meet the intent and criteria of the ordinance. Staff has received responses from property owners within 200' of the subject site; 1 being in favor of the request and 1 being in opposition to the request. The parcel in opposition represents 22.3% of the total land area within 200' of the site. As per 35.3.4(C)4.c of the Denton Development Code, this amendment will only become effective with a three-fourths (3/4) vote of all members of the City Council qualified to vote. Staff Recommendation Based on the findings, staff recommends approval of the request for the expansion of the Special Exception onto the adjoining lot. 1 OPTIONS 1. Approve 2. Approve with conditions. 3. Deny 4. Postpone consideration. 5. Table item. ESTIMATED PROJECT SCHEDULE The subject property is not platted. A preliminary and final plat are required prior to issuance of building permits. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Notification Map 4. Aerial Photo 5. Site Photos 6. September 14, 2005 P&Z Meeting Minutes 7. Letters of Opposition / In Favor 8. Ordinance Prepared by: W ~ - Wade Harden Planner II Respectfully submitted: ~„y~.~.tot.r Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Zoning Request The 2.18 acre property is located adjacent to 524 Fort Worth Drive, approximately 370' west of Ft. Worth Drive and 300' north of Lindsey Street. The applicant operates A&B Storage located at 524 Ft. Worth Dr. designated as a Special Exception under the current development code, and a permitted use under the old development code. It is the applicant's intent to expand this Special Exception onto an adjacent lot. Both parcels are zoned Downtown Commercial-General (DC-G), which does not permit self-storage units. The development code provides criteria for the expansion of Special Exceptions through Zoning Amendment procedure. Existing Condition of Property The proposed site is unimproved and has no access from a public right-of-way. Adjacent Zoning North: Downtown Commercial-General (DC-G), Unimproved Land. South: Downtown Commercial-General (DC-G), Auto Garage. East: Downtown Commercial-General (DC-G), A&B Storage and Payne Tire Co. & Light Industrial Uses. West: Downtown Residential-2 (DR-2), Multi-Family Dwellings & Assisted Living Ctr. Comprehensive Plan Analysis The subject site is located in a "Downtown Universtiy Core" future land use area. Development Review Anal Access The subject site is not platted and has no access provided. Prior to the development of this tract a preliminary and final plat will be required, at such time access will be provided. Transportation The applicant will provide sufficient information during the platting process to determine whether a Traffic Impact Analysis (TIA) is required. Access is proposed on Ft Worth Dr. The Denton Mobility Plan classifies Fort Worth Drive (US 377) as a primary major arterial road, which is maintained by TXDOT. Public Infrastructure An 8" sanitary sewer line exists along the tracts northwest corner, a water line extension may be required at the time the tract is platted. Development Code /Zoning Analysis The development code requires the expansion of Special Exceptions to be processed as a Zoning Amendment Procedure (35.3.4 Zoning Amendment Procedures). The code also establishes specific criteria for the approval of such an expansion (35.3.4.[B]1.e). 3 i The exception is in harmony with this Chapter - The chapter provides for the Special Exceptions, furthermore the expansion of Special Exceptions. If granted the expansion of the Special Exception will be required to conform to all regulations of the Chapter at the time of development. ii The public welfare and convenience are substantially served - The public welfare appears to adequately protected with the expansion. iii Neighboring property is not substantially injured- The expansion should not injure abutting properties or other properties in the general vicinity. iv The exception will not alter essential character of the district and immediate neighborhood - The expansion is in character with the immediate vicinity, specifically with parcels fronting Ft. Worth drive in the immediate vicinity. v The exception will not weaken the general purposes of this Chapter - The expansion of this parcel will not significantly weaken the purpose of the Chapter. The expansion will be required to conform to all regulations of the Chapter at time of development. 4 ATTACHMENT 2 Location/Zoning Map 5 ATTACHMENT 3 Notification Map II . I 1 ~ 4 t ' A' a JM. 1Y~f +1~~~ .r u f 'x`11 '3fC r r Public Notification Date: September 2nd, 2005 200' Legal Notices* sent via Certified Mail: 11 Number of responses to 200' Legal Notice: ■ In Opposition: 1 ■ In Favor: 1 ■ Neutral: 0 Opposition: 22.34% ATTACHMENT 4 Aerial Photo ATTACHMENT 5 Site Photos Zoning Change Posting 524 Ft Worth Dr. (facing west) s ATTACHMENT 5 Cont. Site Photos South of 524 Ft Worth (facing north) North of 524 Ft. Worth (facing north) 9 ATTACHMENT 6 Condenselt"m Page 17 Page 19 1 COMMISSIONER STRANGE: 7'he next item is I Five, the exception will not weaken the 2 Item No. 4B. It's a 2.18 acre expansion of a Special 2 general purpose of the Chapter. The Expansion ill not 3 Exception and to an adjoining land zoned downtown 3 weaken the purpose of the Chapter. As prr- icd, 4 conunercial general. Mr. Harden. 4 it will require be required to conform with + napter 5 MR. HARDEN: Thank you, Chairman, 5 at the time of development. The Commissh-,E P " ' 6 Counnission. This item is a request from the applicant 6 these live sets of criteria, the Conunissiou , lcSignaty 7 Bill Payne for the expansion of a Special Exception to an 7 conditions in which in its opinion wilt secu-, - 8 adjacent 2.18 acre site west of 524, Fort Worth Drive. 8 intent of the Chapter. 9 524 Fort Worth Drive being the current site of a 9 Based on the findings, staff .er 10 self-storage A/B A and B Self Storage being the 10 approval of the expansion of the Special f to l t Special Exception that's to be expanded. 11 the adjacent 2,18 acre site. To date we li~i i'e 12 The site was zoned Downtown Commercial 12 protest and 1 don't believe that was inc lade( 13 General when the Development Code was adopted in 2002 and 13 staff report, but I do have that this eveniii,o s. , 14 given a Special Exception. Under the ueG zoning, 14 have any questions I'd be more than happy addl css those 15 self-storage units are not permitted. 15 at this time and also the applicant is here this enni , 16 The Code allows, however, for the expansion 16 COMMISSIONER STRANGE: Mr, R 17 of Special Exceptions onto adjacent lots through a process 17 COMMISSIONER ROY: Yes. I n+'+ 18 similar to the zoning amendment procedure. Present 18 education hereabout Special Excepti, n , 19 zoning surrounding the site is DcG to the north, south and 19 nonconforming uses. I thought that the i_ ~ svv 20 to the east with DR-2 zoning to the west being apartments 20 Corridor, we established that as a legal r =lr,x 21 and assisted living center. 21 uses along there when it didn't match the risig. 22 There is existing infrastructure in the 22 MR. HARDEN: My understanding is t, it chose 23 area to service the expansion site. The parcel is not 23 were granted or given Spec ia] ExceptioiiS tL-- 2Nzilen 24 platted and will be required to go through the platting 24 the Code was changed in in Febmai o 25 process being a preliminary and final plat. 25 COMMISSIONER ROY: okay. , tiictif 'gat Page 18 }'age 20 I As proposed in the info-nation submitted by 1 was when we gave than legal noncontrjini 2 the applicant, the expansion will consist of four storage 2 MS. CARPENTER: Mr. Chairman. 3 buildings as shown on this slide. Changes from this 3 difference between legal nonconforminc 4 proposal may be required to meet the current Development 4 Special Exception status. If a use w, is and 5 Code, but this was just a rough site plan that was 5 then the property was rezoned, let's 6 submitted to staff with the application. 6 and a use that was on that property r 7 The Development Code establishes specific 7 new zoning category, then the use th.t t' , P "11-v 8 criteria for the approval of a Special Exception, one 8 would be a legal nonconforming use bc, ?gal 9 being the Exception is in harmony with the Chapter. The 9 when we changed the Code, but it would 0 n-iiiing. 10 Chapter specifically provides for the expansion and the 10 They couldn't alter it. They couldn't ex1, I 1 expansion will have to conform with the current Chapter 11 whatever. 12 requirements at the time of development. 12 In this case, the Council cliose ' 13 Two, the public welfare and conveniences 13 all the properties that had uses that weret;"' % 14 are substantially served. It appears that the public 14 the new zoning code when it was adopte, tt 15 welfare, appears to be adequately protected with this 15 February 20th, 2002, the status of Spi i~~ I, i iilch 16 expansion. 16 is stronger than legal nonconforminf 1, i he 17 Three, the neighboring property is not 17 use. They can repair the use and tlhey - : .:pan+i 18 substantially injured. It appears the expansion should 18 it onto an adjoining lot. So we are t lib+- : nSMae 19 not injure abutting properties or other properties in the 19 the Code in favor of those Special I c_ s 20 general vicinity. 20 COMMISSIONER ROY: Are tl;,'~r 1 21 Four, the Exception will not alter 21 Exception uses throughout the whole (-)ri ? 22 essential character of the district and iuuttediate 22 MS. CARPENTER: ihrout'liout the. 23 neighborhood. The expansion is in with character with the 23 COMMISSIONER ROY: Throiil ET -''_,T „24 area specifically with parcels fronting Fort Worth Drive 24 city? 25 and in the inunediate vicinity. 25 MS. CARPENTER: Yes, Sir. AA hC n`. zi PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 1°a ' Paoc 20 CondenseIt " Page 21 Page 23 1 use on your property that was legal when the day before 1 there anyone here who did wish to speak for or against 2 the new Code was adopted, and then when the new Code was 2 this item? Okay. Seeing none, we will close rte public 3 adopted, it became a non legal use, the Special Exception 3 hearing. Do we have a motion'? 4 in the Code makes all of those uses legal and conforming. 4 COMMISSIONER Iio r: so Inovec- 5 COMMISSIONER ROY: Okay. Thank you. 5 COMMISSIONER STRANGE: I -)o 'vw Y 'e a scc,ond`. 6 COMMISSIONER STRANGE: Any other questions 6 COMMISSIONER WATKINS seco! 7 of staff? Thank you, Mr. Harden. 7 COMMISSIONER STRANGE: 11,11, jion by 8 MR. HARDEN: Thank you. 8 Mrs. Holt, a second by Mr. Watkins. An 9 COMMISSIONER STRANGE: we will now open the 9 Please, vote. Dr. Noble there you go. TI_~. 10 public hearing. Is the applicant here and do they wish to 10 7-0. 11 speak'? If you would please come forward and give us your 11 12 name and address. 12 13 MR PAYNE: My name is Bill Payne. And 13 14 we're proposing this expansion. The only objection we got 14 15 was from a Mr. Charles Bush and he was his concern was 15 16 that there might be some egress and people coming in from 16 17 the apartments and we're willing to meet all of his 17 18 requests. 18 19 1 think Mr. Harden has a copy of his letter 19 20 and he was concerned that they might come in from the 20 21 apartments into our property and because he had 21 22 recently had a break-in, but we're going to have it well 22 23 lighted and surveillance cameras and so forth so I think 23 24 he'll those should satisfy has requests on it. Thank 24 25 you. 25 Page 22 Page 24 1 COMMISSIONER STRANGE: Anyone have any 1 2 questions of the applicant? Thank you, Mr. Payne. Mr. 2 3 Watkins. Mr. Payne, you have one question here. 3 4 COMMISSIONER WATKINS: I have a question, 4 5 Bill. On the above the site, I guess that would be 5 6 north. I see another block behind existing self-storage 6 7 location. 7 8 MR. PAYNE: Are you talking about above the 8 9 existing? 9 10 COMMISSIONER WATKINS: Just right above, 10 11 that piece of property. 11 12 MR. PAYNE: Yes, I own that. 12 13 COMMISSIONER WATKINS: Is that yours? 13 14 MR. PAYNE: Yes, sir. 14 15 COMMISSIONER WATKINS: Okay. And what 15 16 about where the Yucca Motel was? 16 17 MR. PAYNE: That is owned by I believe 17 18 Clint Ballard owns that. 18 19 COMMISSIONER WATKINS: so you have some way 19 20 then to access this site if this were approved? 20 21 MR. PAYNE: Yes, sir. 21 22 COMMISSIONER WATKINS: Okay. Thank you. 22 23 MR. PAYNE: You bet. 23 24 COMMISSIONER STRANGE,: Any other questions? 24 25 Thank you, Mr. Payne. We have no cards for this item. Is 25 PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Pa2:e 21 - Page 24 FROM : AMF cc I M ATTACHMENT 7 FA NO. :9725991102 Sep. 06 2005 07 : 20PM P1 NOTICE OF PUBLIC HEARING Z05-0010 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 14, 2DO5, to consider making a recommendation to City Council concerning the expansion of a Special Exception on an adjoining tract being 2.18 acres adjacent to 524 Fork Worth Drive, zoned Downtown Commercial-General (OC-C). Generally located 370' west of Ft. Worth Drive and 300' north of Lindsey .street, The meeting will be held at 5:30 p.m. in the City Council Chambers located in City Hall at 2`15 P. McKinney Street, Denton, Texas The public hearing will stem at 6:30 p.m. in the City Council Chambers of City Hall located at 21S E. McKinney Street, Denton, Texas. Because you own property within two hundred (2001) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits yore~frram -aent~ira-rtiGipsting in the p~sblit~earir~g )...,..You ~oay.:x itSs~..the- numb-Qr. located at the bottom or mail it to the address below or drop it oft: in-person. Planning and Development Department 221 N. Eirn 5T Denton, Texas 76201 Attn: Wade Harden, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: in favor of request Neutral to request Opposed to request Reaso n: Signature: Printed Name: c ( wi y= N Mailing Address: !;M) 5-4 kA) i 1 S C City, State Zip: Telephone Number: 1 ti -1 !5-1 Physical Address of Property within 200 feet; 0 2- l~% CITY OF DENTON, rPXAS GITY HALL WEST • OENTON, 7F-XA$ 76241 • 940.349.8350 • (F) 940-349.7707 200' P&7_ tvoucc OT (M(p~~r' nF p((~]~$ n~(]yy9{ 1u1' Z05-0010 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 14, 2005, to consider making a recommendation to City Council ± concerning the expansion of a Special Exception on an adjoining tract being 2.18 acres adjacent to 524 Fort Worth Drive, zoned Downtown Commercial-General (DC-G). Generally located 370' west of Ft. Worth Drive and 300' north of Lindsey Street. The meeting will be held at 6:30 p.m. in the City Council Chambers located in City Hall at 215 E. McKinney Street, Denton, Texas The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and particinafing 0 the public, hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 7£209 Attn: Wade Harden, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: I In favor of request Neutral to request Opposed to request Reasons for Opposition: Signature: Printed Name: u SC Mailing Address: City, State Zip: dt,Lt a S ~5;0 ~I Telephone Number: `7 S 6 0 r Physical Address of Property within 200 feet: CMG~_✓` CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349,8350 (F) 940.349.7707 20& P&Z !Notice S:\Our Documents\Ordinances1051Z05-0010.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE EXPANSION OF A SPECIAL EXCEPTION ONTO AN ADJOINING LOT, APPROXIMATELY 2.18 ACRES IN SIZE, AND GENERALLY LOCATED 370 FEET WEST OF FORT WORTH DRIVE AND 300 FEET NORTH OF LINDSEY STREET IN DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Z05-0010) WHEREAS, Mr. Bill Payne initiated an expansion of a special exception onto an adjoining lot approximately 2.18 acres of land more particularly described in Exhibit "A", attached hereto, and incorporated by reference (the "Property"); and WHEREAS, on September 14, 2005, the Planning and Zoning Commission recommended approval of the requested special exception expansion; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Denton Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings and recitations contained in the preamble of this ordinance are incorporated herein by reference; SECTION 2. That the zoning district classification and use designation of the Property is hereby amended to permit self-service storage as a special exception; SECTION 3. That if any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable; SECTION 4. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00, each day of violation constituting a separate and distinct offense; and SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City ofDenton, Texas, within ten (10) days of the date of its passage. ATTACHMENT 8 PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CI Y Y: PAGE 2 EXHIBIT "A" Whereas, Bill C. Payne is the sole owner cf. aff that certain tract of parcel of land situated in the Alexander Hilo Survey, Abstract Number 623, City of Denton, Denton •County, Texas, and being a part of a called 12,981 acre tract o* land described in o deed from Denton 377-13 Joint Venture to RM C. Payne as recorded in Volume 940, Page 971, Deed Records of Denton County, Texas, and being more particularly described as follows: 'Beginning at a 1/2" capped iron rod set at the. southwest coiner of said 12.981 acre tract and at .the nortnwesk carrier of a celled 2.382 acre tract of fond described in a deed to George C. Goan. III as recorded in County Clerk's File Number 94-ROD81680, Real Property Records of Denton County, Texas; Thence North 00 Degrees. 09 Mi utes 02 Seconds East with the west tine of said 32,981 acre tract, a distenc-r of .39E 63 feet to a 1/2" capped iron rod~set for the northwest` earner of the herein described tract; Thence South 89 Degrees 38 Minutes 56 Seconds East, a distance of 248.48 feet to a 1/2" capped iron roci set ai the northeast corner of the herein described tract in the east fine of. sold 1.2.981 acre tract and in the west line Of i_ot 1, Block A of Payne Addition, on addition to the.City of Denton, Denton. County,: Texas, according to the Plat itiereat recorded in Cabinet R, Page 311, Plat Records of Denton County, Texas; Thence South 02 Degrees 21 Minutes 33 Seconds West with the said east line and with .the said west' line, c :iistnnce of 188,96 feet to a 1/2" capped iron- rod found at the southwest corner of said Lot 1 and at the northwest _orntr )f a called 0.8838 ocre tract of land described in a deed to Hoop's Machine & Welding, Inc. as recorded in Voiums 2`t 15, Pace 59, {teal Property Records of Denton County, Texas; Thence South 02 Degrees 18 Minutes 36 Seconds 'Nest with the west fine of said 0.8838 acre tract, o distance of 13 feet lo a 1%2" capped iron. rod set for corner at the southwest corner of said 068838 acre tract and at the -ioritzwes; corner of a tolled 0:35 acre tract of land described in a deed to Warren FerrW as recorded in County Clerk's f;ie Numbee 95-ROD31820, Real Property Records of Denton County, Texas; Thence South 00 Degrees 39 Minutes 24 Seconds West with the west line of said 0.35 acre tract, a distance o? 2~ feet to a 1/2" capped iron rod set for the southwest corner of said 0.35 acre tract and at the southeast corner ot soic 12.981 acre tract; Thence South 89 Degrees 03 Minutes 03 Seconds Wert with tine south line of said 12.981 acre. tract, a di>tunc ~t Sr:. G feet to the POINT OF BEGINNING end containing 2.182 acres of land„ more or less. KNOW JHEREE ORE, KNOW ALL MEN BY THESE PRESENTS THAT Hill C. Payne, does adopt this plat designating the herein described property as PAYNE ADDITION. PHASE *he City. of Denton. Denton County, Texas and does hereby dedicate to the public use forever, the streets rights --of-ww rc p~tfie easements shown hereon. PAGE 3 AGENDA INFORMATION SHEET AGENDA DATE: September 14, 2005 DEPARTMENT: Planning and Development De artment ACM: Howard Martin, 349-8232 SUBJECT Z05-0014 (414 Fulton Street) Hold a public hearing and consider adoption of an ordinance approving the rezoning of approximately 0.24 acres from Neighborhood Residential-3 (NR-3) zoning district to Neighborhood Residential-6 (NR-6) zoning district with an overlay. The property is located approximately 150 feet north of Grace Temple Avenue, to the east of Fulton Street. BACKGROUND Applicant: Eric Schmitz Argyle, TX The 0.24 acre site is located at 414 Fulton Street north of W. Oak Street. The applicant is proposes the to rezone the property from NR-3 to NR-6 zoning to develop the site for a duplex use. RECOMMENDATION Staff Findings The surrounding uses are mixed density, all for residential use. The zoning is primarily Neighborhood Residential-3 (NR-3). The higher density developments in the vicinity were given Special Exceptions at the time the Development Code was adopted. These uses may remain, as directed by the Development Code, and potentially be expanded. The proposed zoning and use is compatible with the surrounding neighborhood development and furthermore with the Denton Plan. Staff Recommendation Based on the findings, staff recommends approval of the rezoning request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission recommends approval (6-1). OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification 4. Photos 5. September 14, 2005 P&Z Meeting Minutes 6. Letters of Opposition / In Favor 7. Ordinance Prepared by: Wade Harden Planner II Respectfully submitted: 41t 6 At I P-0 ~ Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Request The applicant, Eric Schmitz, is requesting the rezoning of 0.24 acres from Neighborhood Residential-3 (NR-3) to a Neighborhood Residential-6 (NR-6) classification. A chart showing a comparison of the NR-6 district and the existing NR-3 district is provided in Table 1. Existing Condition of Property The site has an existing residential structure, being part of the Collins Addition. The area is primarily rental property with 19%* of the homes being owner occupied and is not within the Oak St. Historic District (*U.S. Census Summary File H3). Adjacent zoning: North: Neighborhood Residential-3, Single Family Residence South: Neighborhood Residential-6, Undeveloped Lot East: Neighborhood Residential-3, Single Family Residence West: Neighborhood Residentilal-3, Duplex Comprehensive Plan Analysis The subject site is located in the "Existing Residential / Infill Compatibility" future land use area of the Denton Plan. According to the Denton Plan, "within established residential areas, new development should respond to existing development with compatible 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." (pp. 37 of The Denton Plan) The proposed use is compatible with the existing neighborhood and the intent of the development code. Development Review Analysis Access There is existing access to the subject site from Fulton Street, which is classified as local street. Public Infrastructure Public utilities are available to serve the site. Existing Uses The existing uses within the neighborhood that were lawful prior to the adoption of the Development Code in 2002 are protected under the Special Exceptions. According to the development code, "This provision shall be liberally construed to allow the property to be used in the same or similar manner as allowed under the prior development regulations". The existing uses in the vicinity of the subject property are duplexes, 4-plexes, multi- family and single-family uses. Duplexes and attached single family dwellings are permitted uses in the requested NR-6 zoning district. The chart below illustrates the difference between the NR-3 and NR-6 zoning districts. Limitations for each use are explained following the last chart. TABLE 1. Residential Land Use Categories Agriculture P P Livestock L (7) L (7) Single Family Dwellings P P Accessory Dwelling Units SUP SUP Live/ Work Units L (1) L (1) Attached Single Family Dwellings SUP P Live/ Work Units N L (16) Duplexes N P Commercial Land Use Categories NR-3 NR-6 Home Occupation P P Outdoor Recreation P P Temporary Uses L (38) L (38) Institutional Land Use Categories Basic Utilities L (25) L (25) Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP SUP Adult or Child Day Care SUP SUP Kindergarten, Elementary School SUP SUP Elderly Housing N SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L (X) _ Limited as defined in Section 35.5.8 Limitations: 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 underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GI-WA) of the accessory residential structure shall not exceed 50% of the GI-WA 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 (GHFA) of the accessory residential structure shall not exceed 50% of the GI-WA 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. L (7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L (16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L (25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L (38) = Must meet the requirements of Section 35.12.9. General regulations of the Neighborhood Residential land use zone are contained in the table below: The following limits a 1 to subdivision of 2 acres or less: General Regulations NR-3 NR-6 Min. lot area (square feet) 10,000 6,000 Min. lot width 60 feet 50 feet Min. lot depth 80 feet 80 feet Min. front yard setback 1L (2) t 10 feet Min. side yard 6 feet 6 feet Min. side yard adjacent to a street 10 feet 10 feet Min. rear yard 10 feet 10 feet The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations NR-3 NR-6 Max. density, dwelling units per acre 3.5 6 Min. side yard for non-attached buildings 6 feet 4 feet The following limits apply to all buildings: General Regulations Max. lot coverage 50% 60% Min. landscaped area 55% 40% Max. building height 40 feet 40 feet Min. yard when abutting a single-family 10 feet plus 1 foot for each foot 10 feet plus 1 foot for each foot use or district of building height above 20 feet of building height above 20 feet ATTACHMENT 2 Location/Zoning Map Future Land Use Map ATTACHMENT 2 Cont. Existing Land Use Map 2 ATTACHMENT 3 Public Notification Newspaper Notification Date: September 2nd 2005 200' Legal Notices* sent via Certified Mail: 18 ■ In Opposition: 3 ■ In Favor: 1 ■ Neutral: 0 Percent of land within 200' in opposition: 13.1 % ATTACHMENT 4 Cont. Photos Photo 3. View South of Site (Duplex & Multi-Family) Photo 4. View West of Site (Duplex) 2 CondmeIt"I Page 25 Page 27 1 COMMISSIONER STRANGE: The next item is 1 approval of the requested zoning change. Ts, date we have 2 Item No. 4C, it's a rezoning of approximately .24 acres 2 received three protests or three in opposition And two in 3 from a Neighborhood Residential NR-3 zoning District to a 3 favor of the request. 4 Neighborhood Residential NR-6 zoning District. Mr. 4 If you have any questions d no ~ Ihan 5 Harden. 5 happy to address them at this time. The:ip_, ere 6 MR. HARDEN: Thank you, Chairman, 6 this evening. 7 Commission. This item is a request from the applicant 7 COMMISSIONER STRANGE,: N"ir. R, 8 Eric Schmitz for the rezoning of roughly a quarter of an 8 COMMISSIONER ROY: This scan 9 acre located at 414 Fulton from NR-3 to NR-6. 9 familiar. And I drove out to look at th , n ; I 10 Staff understands that with an approval of 10 think you may have answered my question,, Iii 11 the NR-6 zoning, the applicant's intent is to construct a 1.1 location zoning map, you show an NR b IUF6 a , 12 duplex on this lot_ The site has an existing residential 12 this. 13 structure which also it's staff understanding would be 1.3 MR. HARDEN: that's correct. 14 removed at the time of construction of the duplex. 14 COMMISSIONER ROY: Is that the l 15 The lot north of this parcel is zoned NR-3 15 looked at before? 16 with a single family residence. The lot to the south is 16 MR. HARDEN: I believe roughly Ana"; t.e f6tir 17 zoned NR-6 and is unimproved. To the cast is zoned NR-3 17 months, five months ago. This that I tiNa before the 18 with the single family residence. And to the west is 18 Commission at that time. 19 zoned NR-3 as well with the duplex on site being ran 19 COMMISSIONER ROY: so that wa= tl_~: Nf< 20 through the Special Exception at the time of the ordinance 20 there? 21 change. 21 MR. HARDEN: "That's correct. 22 This slide depicts a number of the uses in 22 COMMISSIONER ROY: SO this is . 23 the area. It shows a number of duplexes in the area as 23 site? 24 well as multi-family dwelling units that are all Special 24 MR. HARDEN: This is the site norr 25 Exceptions at the time the Code was adopted in 2002. 25 site. I believe the applicant has plans to dercl p aoth Page 26 Page 28 1 The Comprehensive Plan designates this area 1 of these lots and he could elaborate on that, 2 as an existing residential infill capability 2 submitted an AFP for for this area or these ,.3 3 compatibility, excuse me, according to the plan. Within 3 COMMISSIONER ROY: okay [hau'L vfiu, 4 established residential areas, new development should 4 COMMISSIONER STRANGE: An'- 011 e 118; e a 5 respond to existing development with compatible uses, 5 question of staff? Thank you, Mr. Barden. 6 patterns, and design standards. The plan reconunends that 6 MR. HARDEN: Thank you. 7 existing neighborhoods within the City be vigorously 7 COMMISSIONER STRANGE: We urh -"ter OPOI t$e 8 protected and preserved. 8 public hearing. Is the applicant here and do tie,, ,Nish to 9 Housing that is compatible with the 9 speak? Please come forward and give n y-: ,,gate and 10 existing density, neighborhood service, and commercial 10 address. 11 land uses is allowed. The requesting zoning 11 MR. SCHbIITZ: Goad evening. `-,,n lJric 12 classification and intended use is compatible with the 12 Schnutz, Mr. Chairman. This is a 13 existing neighborhood and the intent of the Development 13 COMMISSIONERSTRANCiE.. Could ari 14 Code. The surrounding uses are mixed density, all being 14 address for the record, please? 15 residential uses with the exception to the church located 15 MR. SCHMITZ: rm sorry? 16 southwest of the subject site. 16 COMMISSIONER STRANGE: CaUld Jr 17 The zoning in the area is primarily NR-3. 17 address for the record, please? 18 The higher density developments in the area were given 18 MR. SCHMITZ: Denton address is %t 5 Nu l_h 19 Special Exceptions at the time the Development Code was 19 Locust. 20 adopted in 2002 as I'd mentioned. These uses may remain 20 COMMISSIONER STRANGE: Th Inl ,--,J,,, 21 and potentially be expanded as directed by the Development 21 MR. sCIImnz: The lot is actwdk _ ne 22 Code, 22 with four properties that I have that are , ,j - _ - r 23 As previously mentioned the proposed zoning 23 When we came here a few months ago, v, c r, ~.?e.d an 24 as well as the intended use are both compatible with the 24 application and we had a little conf isi,))~- 25 neighborhood. Based on the findings, staff recommends 25 intended to zone this property as well as t1 , _rie hai PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 PfI ' 2~ - ;Page 28 CondenseItTm Page 29 Page 31 I just got done, but we didn't have the exhibits prepared or I COMMISSIONER WATKINS: Is tltiS the old 2 notices, so we went with the application that was on file 2 Stiff place? 3 for Lot No. 8. 3 MR. SCHMITZ.: Yes, sir. This is the,- 4 Do you guys still have that camera that 4 primary residence Mr. Stiff used to have. 5 works here? This property is the one we just zoned, as 5 COMMISSIONER WATKINS: And the 11 tic 6 you can see, this is a vacant lot, people are kind of 6 now? 7 parking in here, and this is where we're going to build 7 MR SCHMITZ: Yes, sir. 8 the duplex that got approved. 8 COMMISSIONER WATKIN's: And nr7 oar w=~uld 9 This is an irregular lot in that it's the 9 be Piery's old place, I guess. Is there - at, u; re am 10 south half of Lot 6 as well as Lot 7. And the house is 10 single or owner-occupied houses in that 1 V11 ~oLl 11 sitting on the property line, actually between these two 11 know of? 12 lots. The house is in very poor repair, and probably the 12 MR. SCHMITZ: single family as 13 worst condition of all of the houses and properties in the 13 duplex'? 14 neighborhood. 14 COMMISSIONER WATKINS: Yeall, 15 This is a picture of the quality as well as 15 owner-occupied duplexes? 16 the kind of the parking mess that's going on. This is 16 MR. SCHMITZ: No, it's not owner o- spied. 17 another view of the property. Recently the gas line was 17 There's to my north is a single family resio4zn.,1. F3ut 18 deemed unsafe and not pcrmitable by the City for gas 18 the girl lives in California and site rents thia l .,)pta1y_ e 19 service. There's currently some electrical problems as 19 COMMISSIONER WA rKINS okav, T K'-. 20 wel l as foundation settling problems. It needs a roof, 20 COMMISSIONER STRANGE: Mr. P r 21 and is, frankly, not worth fixing up. 21 COMMISSIONER ROY: 'This is a t~l 22 The architect that's working with me on the 22 don't really have to answer, but when uc~dr1 lx~ !f;;~NR c 23 plan for the duplex that I was going to build I am 23 to the south, I didn't realize that you th, 1,b )od,, 24 going to build on Lot 8 suggested that if we wanted we 24 would be coming back in. If you told it , n. 25 could use an existing curb cut right here that would 25 remember your telling us that you were _me back_ Page 30 1'tt<ge 32 1 accommodate both duplexes, the one on Lot 8 and then the 1 in and ask for another one adjacent to it 2 new one that we're proposing tonight. And we would remove 2 So my concern is that are v 1+ - tie 3 this house and share a drive, move the parking to the back 3 back in a mouth for another one adjacent d you 4 and out of the front yards and off this lot here and 4 don't really have to answer that, but if yua>- ~w U-~ shake 5 minimize the load on the front on the street. We think 5 me feel better, you can. 6 that also would minimize any drainage issues as well. 6 MR. SCHMITZ: well, I don't have 7 And, in summary, it's less expensive to 7 there is an older property with an existing rlul c~ o is it, 8 build two at once instead of starting the process from 8 but it's in pretty good shape. It was 11te part nags fca' 9 start to finish and then redoing everything all at once. 9 Grace Temple for years. It's, I'll call it r;c_. 10 So that's the motivation and the request for getting this 10 property, four being this property, one i cite '~J. 11 done. And if it's approved, we'd contmence both projects 11 don't know how you handle that. Thcte' , a up c V them' 12 as soon as we could get a permit. And I appreciate your 12 today and when it finally falls down v ~c ~'1 om- 13 support. 13 there if I'm around. 14 COMMISSIONER STRANGE: Anyone have any 14 But I would have liked to have' e i 15 questions of the applicant? 15 all at once. We just didn't get it done, at,; 16 W. Watkins. 16 should have put them all together. t7 COMMISSIONER WATKINS: F.ric. 17 COMMISSIONER ROY": 'thank yo- is MR. SCHMITZ: Yes, sir. 18 MR. SCHMITZ.: F311t that's the !Lls1 v = 19 COMMISSIONER WATKINS: First a facetious 19 have for you. 20 comment. 20 COMMISSIONERsORANGE: U;N -J!-i 21 MR. SCHMITZ: Yes, sir. 21 of the applicant? Thank you, Mr. Schmitr:- 22 COMMISSIONER WATKINS: I see you saved the 22 MR. SCHMITZ: 'thank you. 23 oak true on the vacant lot'? 23 COMMISSIONER S1RANOF: i; the 4 1t' C•nc, else 24 MR. SCHMITZ: Yes, sir. We're going to 24 here who wishes to speak in favor of tl7iS it - NAVe 110 25 save all of the big trees. 25 cards for anyone to speak in favor. PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Pa,,~c 29 - Page. 32 CondenseIt1" Page 33 Page 35 1 I do have cards for people who wish to I single family residences as owner-occupied p; :rperties and 2 speak in opposition. And when I call your name you can 2 are working very bard to create the neighbor ~:d that it 3 come to the front. You will have two minutes to speak and 3 once was. 4 you'll hear a little buzzer go off, and from that point, 4 I urge you this evening not k 5 you'll have one more minute to wrap up. So you'll have a 5 rezoning this piece of property because 1 t qtr. 6 total of three minutes. 6 Schtnitz will be back for those other two _3rtd 7 First to speak is Peggy W. Capps. And next 7 you will have cut into the historic fabric nra 8 is Cherie Mercer. So if Ms. Mercer could come down and 8 this City. Thank you. 9 sit at the front, you'll be ready to go. 9 COMMISSIONER STRANGE: lhauk v D", _s: 10 Ms. Capps, please give us your name and 10 Capps. Next to speak is Cherie Mercer" Ann _,AloMng I 1 address. 11 will be Dr. Mary Anderson. 12 Ms. cApps: Good evening. My name is Peggy 12 MS. MERCER: Good evening e~cn•; _ : an- 13 Capps. I live at 915 West Oak. I am a preservationist at 13 a new resident to Denton and I live at 14 heart and I live in an old house. Several years ago, we 14 COMMISSIONER STRANGE: CouHd fir, preae 15 went through a very tedious process in this City of 15 give us your name and address? 16 rezoning and creating the Denton Development Code. I was 16 MS. MERCER: cherie Mercer, 43 v 17 here a number of times and I sighed a big sigh of relief 17 Street. I oppose also the rezoning for tlr; i,,: )n, ,hat 18 whenever that Development Code cast a big brush over our 18 I'm a young family and we just tuovcd 1 l residence 19 older residential neighborhoods and made them Neighborhood 19 that we're planning to own next year that was rented out. 20 Residential 3. At that point in time, many of us sighed 20 And I see everything that takes place ant tlrts to ~w)rk to 21 relief, were thankful, and some of us, including myself, 21 get it all back to where it is. I't's a beautitul it ,nom-- ? 22 went to sleep at the wheel. 22 love the neighborhood. But also we live nc Lt " to the 23 This evening I have awakened and I am here 23 apartment complex, I mean, just here's rm ' H1-re's 24 to ask you not to rezone this property. We have the 24 the apartment --the parking lot to the ap. tn~ nrplex_ 25 potential to develop conservation districts and other 25 And I see the problems that we have ht Diner Page 34 - -1'a.,c 36 I historic districts in this City and preserve the 1 and the trash and the kids on the weeks id e..' Fro 2 residences that we have. 2 have fun and leaving the trash in our yard< 3 I would point out that the applicant this 3 Even when I do come up Fulton Street anti 4 evening owns the house that he's asking you to rezone to 4 I'm coning from Grace Temple coininp, tap c ingress, the 5 allow him to tear it down. He's owned that property for 5 other Multi-family units that are there i d : npster:s 6 some time and, unfortunately, I think it's a shame he has 6 out front become a hazard. And I .just don a io see 7 not seen fit to maintain it. I Live in an old house and I 7 the neighborhood which I see as a 'beauti f : t, i I hood 8 know what it's like to maintain and to work on an old 8 when I do go through the historical di~,tri' 11, 9 house to keep it in livable condition. 9 neighborhood, it is gorgeous. And I do so b~ .Auto it, 10 The NR-6 designation that you have given 10 it. But I don't want to lake that down. I I him is for a vacant lot, and I think we've all agreed that 11 And the safety issues with tre i 12 it's important that we have sensitive in-fill in our older 12 young child and the other young children it 13 neighborhoods and in the vacant lots that exist within 13 neighborhood, it also becomes a concern ~A ~ ~"~evding' 14 this City. And I certainly think that you probably did 14 of the streets because there are cars alv, , i % rp on is the right thing there. 15 the streets. There's never enough parking : parkil ig? 16 There is a residence there and if you allow 16 lot for the apartment complex and the other r at lt_-Iatnilr 17 him to tear it down then what you will do is to begin 17 homes in the neighborhood and it becomes an slue and a 18 another process so that I and a number of other people who 18 safety concern. So I do oppose the rczoriin-. 1 a- dlk %"ou. 19 are interested in the preservation of the historic fabric 19 COMMISSIONER STRANGE: Thank°~~ ire-x ti 20 of this city will have to come and visit wit you. I'm 20 speak is Dr. Mary Anderson. Following, f. `r dersort vvonld 21 concerned about crime. I'm concerned abtkut parking. I'm 21 be Marie S. Nuchels. 22 concerned about dumpsters. And I'm concerned that you 22 DR. ANDERSON: 'thank you 23 will begin a trend that does not need to happen again. 23 924 West Oak. And yes, I was here bef; re i,: 24 We have fought long and hard to preserve 24 ago. It was a bit of a surprise. I love tlti ar-. p Dec--atise 25 the historic integrity. Many people are buying those 25 it doesn't show my house. My house, v,hti=_l c. got the PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 E'a'e 33 - Page 36 CondenseItTm Page 37 Page 39 1 wrong map because they had to do this is in the 201 foot 1 when did the doubling of density of a residential area 2 zone. 2 become revitalization. If you want to see gofmine 3 So what's missing here is if you look you 3 revitalization consider what has occurred in the past 15 4 see Hanes and one block over you see Anderson and that's 4 to 20 years just one block south of this site cr. Oak. 5 where the drug bust went down a couple of weeks ago. This 5 Street as a former as former rooming and ta11c Rtv 6 is not if we get owner occupancy, this is going to be 6 houses have been returned to single family i i 7 good. Duplexes and such are not going to be good. But 7 Consider what has occurred twvo t north 8 Pm new to Denton. I've only been here two years. And I 8 on Congress and Egan and Panhandle as 1,1)2.' _taigaloxvs tar t e ,t~;ain 9 like old houses, and I looked for a year and a half 1 9 have gradually been rehabilitated to become 10 guess I've been here three years. I've looked for a year 10 home to single professionals and young fain' --'s- 3oth of I 1 and a half for a nice old house in a charming 11 these neighborhoods have experienced . n , , 12 neighborhood. We made an investment but not before I did 12 revitalization as citizens weary of cookie-cu e_ houses 13 due diligence. 13 return to these areas to strengthen our tai t1u,)ugft 14 I went to the C;ts maps. I went to the City 14 cotrmiitrnent to the inner city. Fulton is con 'do! do! 11tat 15 sites. I checked the zoning despite these rental 15 links these two vital neighborhoods. It sh( of ')e 16 properties, despite some of them being duplexes. This 16 allowed to become yet another cement-r- tp I high: 17 City, three years ago spent a lot of time putting the 17 density student housing in an already ~,ttuj • Irket. 18 zoning code in. I made an investment based on what you 18 I want you to consider parking 19 guys did and what the City told Inc. And now 201 feet away 19 example. We must assume that should thi, as 20 an NR-6 duplex which you see here. You don't see the 20 planned, there will be two duplexes side nx ;l Ne nm t 21 property on Oak Street. This is remarkably close to Oak 21 also assume that each duplex will be c,oncp.s(y, roar 22 Street. And I feel a little bit upset that you folks made 22 bedrooms with each one occupant a pie,.e as sto ring 'he 23 a deal with us neighbors and now you want to change it. 23 property management group that handle th tsiug or 24 How owns four properties here and I think 24 these duplexes follows a maximum of fmir urn -dated people 25 the honorable Mr. Sclunitz listed his address on Locust. I 25 per unit occupancy rule. That's a mini, Rum c Page 38 Page 40 1 thought that was a place of business as opposed to an 1 individuals requiring parking for 16 cars. 2 address. His tax records go to a P.O. Box in Aubrey, you 2 The Development Code will rec, i Kit, 3 can get off of Dentoncad.com. 3 there be a parking space available for c,-,a 4 I live in the neighborhood. He used to 4 Furthermore, all parking spots will be requi-; tc ee 5 live in the neighborhood. We want to keep the charm. We 5 located on site since Fulton is classified as a v olli v 6 do not need a lot more small apartments and duplexes put 6 arterial and is, therefore, restricted from haviY; 7 in there. So I urge you to spend the time and keep the 7 on-strut parking spaces counted toward the 1;_ rl ng 8 honor and bound contract that you made just three years 8 requirement. 9 ago by setting up this zoning so that we can preserve 9 I'm certainly not suggesting 11iis 10 what's left of the little bit of historic district in 10 requircinent be waived. The parking will t be 11 Denton. I thank you very much. 11 in back of the structures, therefore, pum'n_ 12 COMMISSIONER STRANGE: Thank you for your 12 swath of hot concrete right in the back ~,'ai , 1 die 13 cotmnents. Next to speak is Marie S. Nuchels am I 13 single family houses that face Amarillo J)" I, t' tll 14 pronouncing that correctly? 14 causing drainage problems and other cot r. . 15 MS. NUCIIELS: Marie S. Nuchels. I'm 15 If you simply look at the sit,.. r~ 1. , 16 speaking on behalf of Patrice Lyke, 905 Egan is my 16 wonder, how will the developer satisfy sev! is 17 address. Before I get started, I'm going to read her 17 requirements and side lot requirements 4vlr e = wKing 18 statement, but I understand from my neighbors that Mr. 18 enough bedrooms to max out density lc ai ne i i rC, for all 19 Watkins had asked how many owner-occupied houses were in 19 of the parking? 20 the neighborhood. And I think the response was that there 20 COMMISSIONER STRANGE: Your + ,v,c n_s'Jp. 21 were none. My neighbors say that there are least seven; 21 Ms. NUCHELS: 'thank you. 22 is that right from Congress over. So I think that's 22 COMMISSIONER STRANGE: Th: ml rluch for 23 significant. I want to read Patrice's statement. 23 your comments, Next to speak will be 1L ni R.ens_ 24 It is with amusenicnt that I notice the 24 MR. SIMMONS: [ do want to t~ b t~fi: n tat 25 title of this project is Fulton revitalization. Since 25 there are five owner single family dwclhngs l tt -.E on PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Pa,_ye 3' - Page 40 CondenseIt"' Page 41 Page 43 1 Fulton Street between Congress and the Gregg. 1 other complaints, parking in the yard, trash- 2 COMMISSIONER STRANGE: Could you please 2 What I'm proposing here is very macli in 3 give us your name and address for the record, please? 3 theme with bungalow-style arclute true and a;.ti~u(d be a 4 MR. SIMMONS: My name is Hugh Simmons. I 4 compliment to the neighborhood. I'm rer ov i g narking oft 5 live at 413 Fulton Street. I'm not as much concerned 5 of the street out of the yards into the back. a ,re is ne 6 about a duplex being near me as I am about this process 6 drainage situation. We're preserving trxs .1, J r suiting 7 and the non transparency of the process of granting a NR-6 7 other landscape trees on the street. 8 without any stipulation. I can remember from the last 8 As for the rest of the folks that vt~e 9 meeting last spring. It was pointed out by legal that you 9 speaking, I'm not sure they were close e nom tgr tt aciat~il ~ 10 can't this group cannot make any stipulations or 10 be of concern or even if they havc a right 1 11 caveats for anything that is done. 11 appreciate your support of it. Thank y0 a ia. h. 12 Well, recently the NR-6, there are many 12 COMMISSIONER STRANGE: D, A e have any 13 things that can be done. For example, Mr. Schmitz can 13 questions of the applicant? I may ha, 1a; %L=. 14 leave that property exactly the way it is since he has now 14 Schmitz, if you don't mind. You shor. ',,t 15 aggregated a lot of property along that line and do 15 don't recall what what is going to - .ou 16 something else with it regardless of what he has said that 16 going to put in those duplexes? Are dot. I Iroolns ' 17 he is going to do. The City Council has recently 17 MR. SCHMI Z: Two bedroom, . c 18 introduced another concept that might be introduced that 18 anticipate two people per side so we'~ ; b _ :.,I v nktag 19 would be a possibility for NR-6. 19 places required. 20 So it really bothers me that if a developer 20 COMMISSIONER STRANGE: For the s 21 can't fork out a few bucks to go for a Special Use Permit 21 building? 22 in order so that you and the City Council and the 22 MR. SCHMITZ: Yes, sir. For the ne;Gc° 23 neighbors can have some sense of what is going to take 23 building. 24 place, then I think that that is that is basically 24 COMMISSIONER STRANGE: okay - i d wu_25 wrong. So now we have if you grant this thing, we have 25 intent is for this to be just for duplexes? Page 42 Page 44 1 he has an opportunity for several, several things. 1 MR. SC HMITZ: Yes, sir. 2 1 think that that the NR-6, the way it 2 COMMISSIONER STRANGE: Did ,ides any 3 is structured is really wrong. I really hate to say this. 3 concept of an overlay zoning on this to 4 But I think that that is really Forest Gump zoning, or as 4 that use so that we wouldn't have this qut , - a t 5 Forest would say, well, it's kind of like a box of 5 they've raised about what other thing 1.; ,ttl, 6 chocolates. You never know what you're going to get. 6 this? 7 Well, we don't know what we're going to get. I hope that 7 MR. SCHMITZ: Absolracly. I hVn c ze 8 Eric follows through with what he says. But there's no 8 intentions other than just to kind of keep it a 9 guarantee. Thank you. 9 residential nice clean maximum density v wr; 10 COMMISSIONER STRANGE: Appreciate your 10 bedroom duplexes. It's the equivalent :,f iic, --bedroom 11 comments. That's all the cards we have. Is there anyone I 1 house. 12 else who did wish to speak on this item? Does the 12 COMMISSIONER STRANGE,: ok.r. lit. 13 applicant wish to have a rebuttal? 13 Anyone else have any questions? Than[:. i,ach. 14 MR. SCHMITZ: Yes. I'd like to first of 14 MR. SCHMITZ: Yes, sir. 15 all clarify Mr. Watkins asked me I thought he said 15 COMMISSIONER STRANGE V,-e"11 c t,) ; she 16 specifically the property to the north as opposed to the 16 public hearing and do we have a motion 17 whole block or the radius of people that were owner 17 Mr. Roy. 18 occupied. So I am aware of the owner occupied property. 18 COMMISSIONER ROY: I have t q,tst ,r, for 19 1 have lived there before. And actually my grandmother 19 staff. Mr. Simmons brought up a poi t i.. r. 20 was on Lot 6. I'm fourth generation. 20 faced with about if we rezone sometIii i~:.;: 21 1 do believe in preservation and the 21 could possibly be in there. I'm looki i i , i 22 revitalization of Oak Street and the quote historic 22 gave us and I don't see anything like .a, 1, a 23 districts and I do like the bungalows that are being 23 retail or anything that could go in there if 24 cleaned up. However, this particular property is an 24 versus NR-3, what could be the most unaw - 25 eyesore, and I've continually had problems with drugs and 25 MR, HARDEN: From a standpoint 'densitr, PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 1'~~ 4 - P tge 44 CondenseIt Page 45 Page 47 1 you're looking at duplex or I believe town homes, I 1 I'm sorry I'm not sure I can answer that question. 1 2 believe or single family attached, I believe is how the 2 don't have the map. The majority of the area is single 3 ordinance states it. Those are probably the two denser 3 family or single family residences. So I'd tend to say 4 uses. There's going to be some restriction, I believe, to 4 I don't have that on the map. And anfu; tttriateiN, 1 5 the lot size on town homes or single family attached. And 5 apologize, I don't have something that, sh,-AA s + It,a BUt 1 6 I believe those have to be on separate each has to be 6 believe that that area would be primarity -i,i~,;t _tinily, 7 on an individual lot and the minunum lot size in that area 7 COMMISSIONER ROY: And V IC: i do 8 I believe is 50 like 50 foot lots. So really probably 8 multi-family? 9 the duplex is going to be the densest development allowed 9 MR. HARDEN: That's correct, 10 under the NR-6 zoning from a density standpoint. 10 COMMISSIONER HOLT: SLR the ?hlc` Yell(lw I I COMMISSIONER ROY: I don't see how it could 11 are all single 12 be anything worse in a density's point of view than a 12 MR. HARDEN: The lighter yelioit° is, all 13 duplex. That's my only point right there. 13 single family. 14 COMMISSIONER STRANGE: Thank you, Mr. Roy. 14 COMMISSIONER HOLT: Ok, w, . 15 Mr. Watkins. 15 MR. HARDEN: The purple Color i* 1 clu rcil. 16 COMMISSIONER WATKINS: Thank you, Mr. 16 COMMISSIONER HOLT: So Nve c..`I i l' run t1tat 17 Chairman. Having grown up, spent part of my youth on this 17 down? 18 street, 310 Fulton, it makes me want to cry to think about 18 MR. HARDEN: No, I'm sorry. 1s slide is 19 some of these houses going away. And the Stiffs because I 19 a static slide so it won't move. I curt zoon-,,lowil. 1 20 knew him well and it was a garage that he bad on the 20 apologize. 21 vacant lot. I knew his son. But I honestly don't think 21 COMMISSIONER HOLT: Thank 22 that this is ever going back to a residential neighborhood 22 COMMISSIONER STRANGE: NI-- 1zo.~. 23 as bad as it hurts. The parking most of the parking 23 COMMISSIONER ROY: I think i the 24 that I see over there is on the street during the day from 24 answer to this for staff but there wis Sete cencc to 25 the universities. 25 historic aspects of this area and fli , is --io "it the West Page 46 Page 48 1 And I don't really think there's anything 1 Oak Historic District; is that correct? 2 can be done about that. Mr. Schmitz did build a duplex 2 MR. HARDEN: That's correct. 3 further up the strut, I guess, towards the lower numbers 3 COMMISSIONER ROY: DO YOU re. n "'?3L tl)C 4 and I think that it did it complemented the 4 boundaries are of that district? Is it jtl ,t. v' , _ 0a,_ 5 neighborhood. I would like very much for something like 5 Street? 6 the old houses to be repaired and redone. I see Lane's 6 MR. HARDEN: I don't recall the bol u3,nics. 7 place; down on Oak Street. But Stiff's property wasn't 7 1 can check on that. Just one moment- 8 that way. And for that reason, I'm going to move approval 8 MS. CARPENTER: It's in the COCIc 9 of the six classification. 9 me look it up for you. 10 COMMISSIONER STRANGE: okay. Mr. Watkins. 10 COMMISSIONER ROY: While i.tl`C f ~t.r2 that, 11 We have a motion. Do we have a second? Mrs. Holt. 11 let me ask another question. Our Chairman icntlonCd the 12 COMMISSIONER HOLT: I have a question. 12 possibility of an overlay to restrict the use t.n IuGlex. 13 COMMISSIONER STRANGE: okay. 13 Would that require this issue to be brought b_ la v~ us 14 COMMISSIONER HOLT: Coming down toward 14 again. Or can that be included tonight? 15 Congress are the lots, are those multi-family or 15 MR. HARDEN: I think as long as i ' 21101 e 16 single-family, most of them? Do we know that'? 16 restrictive you wouldn't have to re-notice i 17 MR. HARDEN: rm sorry. Could you 17 MS. CARPENTER: Exactly. 18 COMMISSIONER HOLT: The houses coming down 18 COMMISSIONER ROY: So that N1 oulfl tut: be, 19 toward Congress 19 considered conditional zoning? It would bc; - i Nvould 20 MR. HARDEN: Let me see if I can back up 20 describe it as a zoning with an overlay? 21 here to a well, I don't actually have that on the 21 MR. HARDEN: Right. 22 slide. I'm sorry. Go ahead. 22 MS. CARPENTER: Mr. Chairman, the 23 commissioNER Hour: Are those mostly single 23 Oak/Hickory District as it's set forth in this ~{te, 24 family or duplexes? 24 don't think the actual boundaries of it arc sh(v ,-)y ,,kords 25 MR. HARDEN: congress being to the south, 25 or by map. But I know that people that 1 cw glib PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Pa 45 - Page 48 CondenseIt" Page 49 Page 51 1 district are here and could answer that question if the 1 COMMISSIONER WATKINS: Yes. 2 Chairman wants to allow that. 2 COMMISSIONER STRANGE: Okay. the motion 3 COMMISSIONER STRANGE: Yes. I would 3 before us would be for approval with an { tver t v for aT 4 imagine Ms. Capps could answer that question for us if she 4 approval to NR-6 with an overlay to include ct~i, upje.,~ 5 would come down. 5 uses. And we have a second? Do we hair-°.~ r erh r 6 MS. CAPPS: oak/Hickory Historic District 6 discussion? Okay. We have a motion ant: .td. =Nc7 begins on the east side at Williams Street. It starts at 7 discussion? Please, vote. And the motion pj, 6-1, 8 the 600 block of West Oak. It continues to Welch street 8 (COMMISSIONER HOLT VOTING IN )Y_ 0,, "'TS.;, 9 on the left. And it goes to Fulton Street. It includes 9 COMMISSIONER STRANGE: The nc 11Llr ot. Out 10 Gregg Street behind Oak Street. It's about maybe 50 feet 10 Agenda would be Item No. 5A, which is , =caking a 11 from this subject property. It also includes three houses 11 recommendation to the City Council cons lee 12 on Mount Street. It includes all of the houses from Welch 12 Alternative Development Plan for an envi2 o i 13 down to Williams Street on Hickory Street on the north 13 sensitive area for Glenwood Meadows. V,. 14 side. 14 MS. SHELTON: Good cvenimr. 7: 1 , It 15 COMMISSIONER STRANGE: But this particular 15 map shows the subject property just cast , - 16 property is not is or is not in the district? 16 Residential Development. You see that's P , 17 MS. CAPPS: it is not in the Oak/Hickory 17 runs from the north along the west side of rrr'18 Historic District. It is in an area that is being 18 And as you recall, a zoning case for thy. 1- 19 considered as a conservation district. 19 heard before the Planning and Zoning C';on - ow 20 COMMISSIONER STRANGE: 'T'hank you very much. 20 last meeting on August 241h. 21 I think we have all of our questions answered. We do have 21 The Commission at that titmc 22 a motion before us by Mr. Watkins. Do we have a second 22 recommend approval of the request tot _z, frorn 23 for that motion? I might ask the question of Mr. Schmitz, 23 Neighborhood Residential 2 to Neighh„ It, clitial 6 24 would you accept an overlay where this would be NR-6 with 24 with an overlay district to restrict the den, i T',c 25 an overlay that it could be used only for a duplex? 25 request is scheduled to go for to City t Page 50 Pkge 52 1 MR. SCHMITZ.: Yes. 1 September 20th. 2 COMMISSIONER STRANGE: okay. So you have 2 The aerial map shown here wilt 3 acknowledged that, okay. Mr. Roy. 3 some indication of the current floodplain are< ii, the 4 COMMISSIONER ROY: I have supported these 4 current development on the land which is ' as wells. 5 historic districts and I did that with Bell and I think 5 COMMISSIONER STRANGE: , N~ lave 6 this West Oak. We discussed this before and wrestled with 6 anything up on the screen. 7 these kinds of issues. While I wish that it was practical 7 MS. SHELrON: oh, I'm sorry, 8 for sites like this to be built with single family homes, 8 COMMISSIONER S'IRANGE: wt rc a-_ o akiii at 9 1 don't think that's what's going to happen here. And 1 9 our screen, but then nobody else can sec r 10 believe that was indicated by Commissioner Watkins, his 10 MS. SHELToN: T was trying ton m 11 opinion as well. 11 at that while I was talking this time and it ut, 12 This is not in the historic district. I 12 COMMISSIONE..R STRANGE- Uo 1c 13 agree that it's close. But I believe that the property 13 that there you go. 14 owner has rights in this regard. And it's up to us to 14 MS. SHELTON: 'there I'm sort, I 15 decide if we want to extend those rights from this NR-3 to 15 you go. There's the aerial. The applican, 16 NR-6. 16 reclaim approximately 12.23 acres of i iu, a1,, ci 17 And I wish that I had realized that it was 17 floodplain as part of the 95.16 acre site:, ? 18 considering or that the second site would have been 18 cross-hatched area shown here on the eshil 6' the 19 considered at the first. But we have agreed and gone 19 proposed land to be reclaimed for the (It i. 20 through this issue with the NR-6 already. And if Mr. 20 The proposed development,.,,! 21 Watkins would revise his motion or accept a friendly 21 the following Denton Development C, ,!t r,: zzents, 22 amendment to include an overlay for a restriction to only 22 Section 35.17.7A which is regarding uncl. r loodplain 23 a duplex, then I will second his motion. 23 development standards permitted uses an,'. 24 COMMISSIONER s-rRA,NGE: Mr. Watkins, will 24 residential development is not a permitted ,ts, 25 you accept that as an amendment'? 25 designated undeveloped floodplain. PLANNING AND ZONING MINUTES SEPTEMBER 14, 2005 Paele 49 Pagc 52 Sep--14-05 01:10P CITY OF DENTON 9403497707 P.0 NOTICE OF PUBLIC HEARING Z05-0014 The Planning and Zoning Commission of the City of Denton will hold public searing on Wednesday, September 14, 2005, to consider making a recommenda ion to City Council concerning the rezoning of 0,24 acres located at 414 Fulton from Neighborhood Residential-3 (NR-3) to Neighborhood Residential-6 (NR-6). The property is proposed to be a duplex use, The meeting will be held at 6;30 p.m. in the City Council Chambers locat d in City Hall at 215 E. McKinney Street, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City all located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hun red (200) feet of the subject property, the Planning and Zoning Commission would like to hear h you feel about this request and invites you to attend the public hearing. Please, in order for your o Pinion to be taken into account, return this form wlth your comments prior to the date of the public he ring. (This in no way prohibits you from attending and participating in the public hearing.) You ma fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. F-Im ST Denton, Texas 76201 Attn: Wade Harden, Project Manager (940)349-8357 These forms are used to calculate the percentage of landowners that sup ort and oppose the request. The Commission is informed of the percent of responses in support an in opposition. Please circle one: In favor of re es# Neutral to request Opposed to request Reasons for Opposition: Signature* Printed m ti W1 v+ti sat Vh,e Mailing Add ss:nr~ City, State Zip: 1 O Telephone Number: Physical Address of Property within 200 feet: 6 0v\ I CITY OFF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76203 940,349 8350 • (F) 940.349.7707 200'!'87. Notice NOTICE of PUBLIC HEARING Z05-0014 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 14, 2005, to consider making a recommendation to City Council concerning the rezoning of 0.24 acres located at 414 Fulton from Neighborhood Residential-3 (NR-3) to Neighborhood Residential-6 (NR-6). The property is proposed to be a duplex use. The meeting will be held at 6:30 p.m. in the City Council Chambers located in City Hall at 215 E. McKinney Street, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address b0ow or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wade Harden, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: in favor of request Neutral to request Opposed to request Reasons for Opposition: Z in C~ V e. Y N ~ Lt i a t D W v1 Y ff ~ 1 s GC c~ x 5 LIP cC C I t h Cy la (a 2~~ Ill P a V X Signature: kk r c~ Printed Name: Mailing Address: '-f 0~ ~a a S~ City, State Zip: b 2-0 Telephone Number: S ° S 3 nn Physical Address of Property within 200 feet: 46? CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8350 • (F) 940.349.7707 200 P&2 No€ice NOTICE OF PUBLIC HEARING Z05-0014 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 14, 2005, to consider making a recommendation to City Council concerning the rezoning of 0.24 acres located at 414 Fulton from Neighborhood Residential-3 (NR-3) to Neighborhood Residentiai-6 (NR-6). The property is proposed to be a duplex use. The meeting will be held at 6:30 p.m. in the City Council Chambers located in City Hall at 215 E. McKinney Street, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wade Harden, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: _ In favor of request Neutral to request Opposed to reque Reasons for Opposition: 0 6L& Signature: Printed Name: 6 G1S Mailing Address: 51, City, State Zip: r~ Telephone Number: e5' Physical Address of Property within 200 feet: z~' A CITY OF DEIVTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8350 (F) 940.349.7707 200 P&2 Notice NOTICE OF PUBLIC FEARING Z05-0014 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 14, 2005, to consider making a recommendation to City Council concerning the rezoning of 0.24 acres located at 414 Fulton from Neighborhood Residential-3 (NR-3) to Neighborhood Residential-6 (NR-6). The property is proposed to be a duplex use. The meeting will be held at 6:30 p.m. in the City Council Chambers located in City Hall at 215 E. McKinney Street, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the !-Tanning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number `cd at "he bottorn or mail it to the address below or drop it off in-person: locGtuu at Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wade Harden, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: ~f I y LE,Je~ E~ e i04 Z'0G°~ f4A'1✓i ' ~S P E co-;. ~c 43E_ 'T 1 1~ bR C (~~/~j 4}- dpi rL.~~i s 1.1Jfq v`Ll :v~fc <'*A Signature: Printed Name: ~E d 4!~; 5~ Mailing Address: Z G2 City, State Zip: 1~t Tc"J % '2'e2 L)Y Telephone Number: I - 11W'I/ - !I1/ Physical Address of Property within 200 feet: /it.' CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 78201 940.349.8350 + (F) 940.349.7707 2100' Paz f\+of;Ce SAOur Documents\Ordinances1051Z05-0014.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL-3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 0.24 ACRES OF LAND GENERALLY LOCATED APPROXIMATELY 120 FEET NORTH OF GRACE TEMPLE AVENUE, TO THE EAST OF FULTON STREET AND LOCATED IN THE COLLINS ADDITION, AN ADDITION TO CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05- 0014) WHEREAS, Mr. Eric Schmitz initiated a change in zoning for approximately 0.24 acres of land particularly described as Lot 6 (S '/z) and Lot 7, Block 1 of the Collins Addition from Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential 6 (NR-6), with an overlay district, zoning district classification and use designation; and WHEREAS, on September 14, 2005, 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 Denton Plan and the Development Code; 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 classifications and uses designations of the Property is hereby changed from Neighborhood Residential-3 (NR-3) zoning district classification and use designation to Neighborhood Residential-6 (NR-6) zoning districts and use designations, with an overlay district (the "Overlay District") containing the following regulation:: a. Allowing only a duplex land use. The above regulations shall control within the Overlay District over any conflicting regulations for the NR-6 district contained in the Denton Development Code. 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. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the 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 , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: PAGE 2 S:lOur Documents\Miscellaneous10511 0 1 80 5 AIS-Atmos GRIP Filing.doc AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Legal Department CM/DCM/ACM: Herbert L. Prouty, Consulting Attorney SUBJECT: Consider approval of a resolution of the City of Denton, Texas authorizing the suspension of the effective date for the Gas Reliability Infrastructure Program ("GRIP") adjustments for calendar year 2004 proposed by Atmos Energy Corporation's Mid-Tex Division; authorizing participation in a coalition of cities known as Atmos Texas Municipalities ("ATM"); authorizing the hiring of lawyers and rate experts; authorizing the City's participation to the full extent permitted by law at the Railroad Commission of Texas with regard to the Gas Reliability Infrastructure Program adjustments for calendar year 2004 proposed by Atmos Pipeline; requiring the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. BACKGROUND: On September 19, 2005, Atmos Energy Corporation's Mid-Tex Division ("Atmos Energy") filed its second interim rate adjustment for changes in rates under the Gas Reliability Infrastructure Program ("GRIP") for the calendar year 2004. A copy of a letter from Atmos Energy explaining their filing along with schedules of their requested changes in rates are attached. This filing under Section 104.301 of the Texas Utility Code is for an annual $6,731,115 increase in rates. Atmos made an initial filing under the GRIP statute in 2004 for the 2003 calendar year. Under the GRIP provisions, Atmos may file for interim adjustment in its rates for the difference in invested capital between calendar years. The filing in 2004 was for increased rates based on the difference in invested capital between the 2002 and 2003 calendar years, while this filing is for the difference in capital investment between the 2003 and 2004 calendar years. Atmos proposes that its rates would be effective beginning November 19 of this year. If the proposed rates are adopted for both calendar years 2003 and 2004, monthly customer charges for Atmos Energy's residential gas customers would increase by $0.58 - from $9.00 to $9.58, for commercial customers by $1.93 - from $15.50 to $17.43, and for industrial customers by $73.49 - from $150.00 to $223.49. The 2004 adjustment alone would add 29 cents per month to the average residential customer's gas bill, .97 cents per month to the average commercial customer's bills and $41.64 per meter per month to the average industrial customer's bill. The last session of the Texas Legislature amended the GRIP statute to provide that cities would only be able to suspend the effective date of the rates for 45 days. This is only half the time that the cities have traditionally had to investigate utility rate increase requests. The usual time for suspension is 90 days. The GRIP adjustment sought by Atmos Energy is the second of four annual installments. Denton, as a ]member of the 51 cities known as the Atmos Texas Municipalities ("ATM"), denied the original 2003 calendar year adjustment. Atmos appealed this denial to the Railroad SA0ur ©ocumentslMiscellaneous1051101805 AIS-Atmos GRIP Filing.doc Commission. On Tuesday, October 4, 2005 the Railroad Commission approved the 2003 adjustment, without an evidentiary hearing. ATM's attorneys believe the Commission erred in not permitting evidence to be offered to show that much of the requested increase should be disallowed and intend to appeal the ruling. OPTIONS: 1, The City Council can pass the attached Resolution suspending the effective date of Atmos Energy's rates, joining the ATM coalition of cities and authorizing the hiring of outside consultants. 2. The City Council can deny the rate increase, which would almost certainly result in an appeal by Atmos to the Texas Railroad Commission. 3. The City Council could either approve the rate increase or do nothing and, on November 19 of this year, the requested rate increase would automatically go into effect. RECOMMENDATION: We recommend that you choose Option 1, passing the Resolution suspending the effective date of Atmos Energy's rates for 45 days or until January 2 of 2006, joining the coalition of ATM cities and hiring the law firms of Jim Boyle and Dan Lawton. While Atmos may urge that the adjustment is merely ministerial, it is the opinion of the ATM Steering Committee that the adjustment requires serious study by lawyers and consultants with specialized expertise to deal with GRIP adjustments that are being requested by Atmos Energy. In order to have sufficient time to determine which of the dozens upon dozens of capital projects are properly included within the GRIP adjustment application, it is necessary to suspend the effective date for the GRIP adjustment until January 2, 2006. Participating in the ATM Coalition of cities will help save rate case expenses and permit a more complete review of the rate application. The proposed Resolution authorizes the hiring of special counsel and consultants with expertise to deal with the GRIP adjustment that is being requested before the City and the Railroad Commission. Reasonable municipal rate case expenses are reimbursable by Atmos Energy as provided for by statute. The Railroad Commission did not deal with the rate case expense issue in the 2003 GRIP adjustments. Only minimal rate case expenses have been incurred by ATM in the 2003 case. If an appellate court rules the Commission must hear evidence on the GRIP adjustments, the amount of reasonable rate case expenses will be determined during that process. ATM attorney's believe that in order to preserve procedural due process and the claimed reductions to the GRIP adjustments it's important to suspend the requested 2004 GRIP adjustment. Denton has utilized both Jim Boyle and Dan Lawton many times before. As a result of their work, various requested utility rate increases have been significantly reduced. FISCAL IMPACT: We believe that there is a good chance that all reasonable costs of special counsel and outside rate consultants will be reimbursed by Atmos Energy. Our participation with the coalition of ATM cities in this matter could result in a reduction of the rate increase requested which will benefit residential, commercial and industrial gas customers in Denton. Page 2 of 3 S:\Our Documents\Miscellaneous1051101805 AIS-Atmos GRIP Filing.doe Respectfully submitted, fA ~If Herb Prouty Page 3 of 3 MWIMOS energy September 19, 200 TO THE GOVERNING BODY OF ALL MUNICIPALITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION Gentlemen: Enclosed for filing in accordance with the provisions of Section 104.301 of the Texas Utilities Code ("Section 104.301') please find tariffs for gas services provided to customers within your city (the "'City") by Atmos Energy Corporation's Mid-Tex Division, (the "Mid-Tex Division" or the "Company"). These tariffs will be effective on November 19, 2005, and are attached within the enclosed filing package in the section .designated "Tariffs." Under Section 104.301, as amended, the City is provided the opportunity to review the filing and act before November 19, 2005, to. suspend the effective date of these Tariffs for forty-five (45) days after that date. These tariffs establish an interim rate adjustment in the Mid-Tex Division's monthly customer charge or meter charge effective in the City to recover the cost of new investment in new facilities used to provide gas utility services. These tariffs apply only to the distribution portion of the Mid-Tex Division and will only be in effect until the effective date of implementation of rates resulting from the Company's next rate case. All amounts collected under the adjustments of these tariffs are subject to refund based upon the findings in the next rate case. The current rates were previously adjusted for investment through December 31, 2003. In this interim rate tariff filing, the Mid-Tex Division is implementing an interim rate adjustment based on the difference between the value of the invested capital for the 1 Atmos Energy Corporation 5420 LBJ Freeway, Suite 1800, Dallas, Texas 73240 Mid-Tex Division as of December 31, 2004 and the value of the invested capital for the Mid-Tex Division as of December 31, 2003, as approved by the Commission in GUD No. 9560. Also enclosed for filing are additional informational materials: (a) The Railroad Commission of Texas' Interim Cost Recovery and Rate Adjustment Report C"IRA - TRC" Section). (b) The Company's calculations of the Interim Cost Recovery and Rate Adjustment Amount ("IRA - Company" Section). (c) The affidavits of Charles R. Yarbrough attesting to (i) the method and date on which notice will be given, and (ii) relocations. Barbara W. Myers also provides an affidavit which verifies that schedules enclosed are true and correct summaries of the Mid-Tex Division's books and records related to the invested capital for the Mid-Tex Division System ("Affidavits" Section); (d) The Railroad Commission of Texas' Annual Earnings Monitoring Report ("EMR - TRC" Section). (e) The Company's calculations demonstrating the earnings during 2004 ("EMR - Company" Section). (f) The Project Report which describes the investment projects completed and placed in service during 2004 and the investments retired or abandoned during 2004 ("Project Report" Section). The Project Report also states the cost, need, and customers benefited by the change in investment. (g) The Relocation Project Report which provides additional information about relocation project costs included in the Project Report ("Relocation Project Report" Section). . The Mid-Tex Division will provide notice of this proceeding to affected customers within the City by bill insert within 45 days after filing in accordance with Section 104301. Atmos Energy Corporation respectfully requests that the City not suspend consideration of this filing. Instead, we urge the City to allow the interim rate adjustment to go into effect by operation of law. If the City desires to take some definitive action on the filing, we urge the City to approve or deny the filing by November 19, 2005 in order to allow coordinated handling at the Railroad Commission of any appeals. Respectfully Submitted, J Richard T. Reis Director of Rates, Atmos Energy Corp., Mid-Tex Division cc (with enclosures): Mr. Stephen L. Pitner, Railroad Commission of Texas Mr. Lindil Fowler, Railroad Commission of Texas Mr. Ed Abrahamson, Railroad Commission of Texas 3 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 1 Rate R - Residential Sales APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 1' OF 1 RATE R - RESIDENTIAL SALES Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount GUD 9400 Customer Charge $ 9.00 per month interim Rate Adjustments $ 0.58 per month 1 Total Customer Charge $ 9.58 per month First 0 Mcf to 3 Mcf $ 1.2390 per Mcf All Additional Mcf $ 0.9890 per Mcf Gas Cost Recovery: Plus an amount for gas costs and Pipeline System costs calculated in accordance with Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required, Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 12003 Interim Rate Adjustment- $0.29 2004 Interim Rate Adjustment - $0.29 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 2 Rate C - Commercial Sales APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 RATE C - COMMERCIAL SALES Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Ghargs . Amount GUD 9400 Customer Charge $ 15.50 per month Interim Rate Adjustments $ 1.93 per month 1 Total Customer Charge $ 17.43 per month First 0 Mcf to 30 Mcf $ 0.7894 per Mcf Next 320 Mcf $ 0.5394 per Mcf All Additional Mcf $ 0.2894 per Mcf Gas Cost Recovery: Plus an amount for gas costs and Pipeline System costs calculated in accordance with Rider GCR. Franchise Fee Adjustment. Pius an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 12003 Interim Rate Adjustment- $0.96 2004 interim Rate Adjustment- $0.97 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 3 Rate I - Industrial Sales APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 1 OF 2 RATE I - INDUSTRIAL SALES Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per dayfor all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Meter and MMBtu charges to the amounts due under the riders listed below: Cherge _ Amount GUD 9400 Meter Charge $ 150.00 per meter Interim Rate Adjustments $ 73.49 per meter 1 Total Meter Charge $ 223.49 per meter First 0 MMBtu to 1,500 MMBtu $ 0.4882 per MMBtu Next 3,500 MMBtu $ 0.3382 per MMBtu Next 45,000 MMBtu $ 0.1882 per MMBtu All Additional MMBtu $ 0.0382 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and Pipeline System costs calculated in accordance with Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). 12003 interim Rate Adjustment- $31.85 2004 Interim Rate Adjustment - $49.64 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 3 Rate I - Industrial Sales APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 2 OF 2 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 2DD% of the midpoint price for the Katy point listed in Plaffs Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint° or "common' price for the Katy point listed in Plafts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. -2- TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 4 Rate T - Transportation APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 1 OF 2 RATE T - TRANSPORTATION Application Applicable, in the event that Company has entered into a Transportation Agreement to a customer directly connected to the Atmos Energy Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Meter and MMBtu charges to the amounts and quantities due under the riders listed below: - Charge '-Amount. GUD 9400 Meter Charge $ 150.00 per meter Interim Rate Adjustments $ 73.49 per meter 1 Total Meter Charge $ 223.49 per meter First 0 MMBtu to 1,500 MMBtu $ 0.4882 per MMBtu Next 3,500 MMBtu $ 0.3382 per MMBtu Next 45,000 MMBtu $ 0.1882 per MMBtu AlI Additional MMBtu $ 0.0382 per MMBtu Pipeline Cost Recovery: Plus an amount for Pipeline System costs in accordance with Rider GCR. Retention Adjustment: Pius a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment Plus an amount for franchise fees calculated In accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). 12003 Interim Rate Adjustment- $31.85 2004 interim Rate Adjustment- $41.64 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 4 Rate T - Transportation APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 2 OF 2 Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Dar1y in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpuil Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. -2- T GS 'D a + s C CU O 4] R. U U p 'vy U .y w o 0 0 T G~ D _ O ar D Q [OC 4-- T O T O 3 O O v. O O -p CA v ~ 0~ m Q U CG Z+ ^T' ' C L) C O 00 0 ' U V ~ ~ U ~ ~ U U iz. *t~ RE. U T • R, N A U bA O , t-- o co cyu L], U O U 'C3 n a' w e3 P. D U D V U U O 0 ~,UC7 U t6 11 t t; o 04 4w CL en 0 Ob 00 'r- Cd y y C v1 G p0 U -C3 G C4 9= 0 64 fpq CZ 13 O^~a j p O sGj CV U ^Q 43 Lr U .Q w~+ O -U ) 3 t~ .D ;3 0 .O U rq 61 O' t3. n Q O Q Q [d T L" Q) U Q cn cz 0-4 C* C,4 P4 i, p O N C U U ti` U+ p 0? , cs M O rl. Z3 to rr ~ ~ ~ ~ ~ ~ ~ ~ 1--i ~ ~ rte-. rn ra R Op = ~ . ~ 3 vii "D oo 0.k -4: cs Cl o -a U a~ 9 6~ W o C) 0 a D ea 9 a o~ p w B T K f+ r+-I^i ~61 R. O O ..Vi"J+ d U tj r. 00 as y c% T O C-i r- 6 4- C.4 > V U d sg 340. p u ~i V1 O T a~ is - F y O ' U O O CA 'O •[J O " ryt'j N Od V 4. c3 _ cn ?a - rn U s. t 03 .4 u CL. O ry ~~y i. fh 04 • y Q.~~ C~ Q P4 FY 7•r `CW' U O"r M 0 o 0 Qv] Pursuant to Texas Utilities Code Section 104.301, Atmos Energy Corp., Mid-Tex Division (the "Company"), has filed an application for an interim rate adjustment with the Railroad Commission of Texas and with each incorporated municipality on its natural gas distribution system. The proposed interim rate adjustment will apply to the Company's entire distribution system and provides a regulated cost recovery for the additional capital investment incurred in 2004. These costs were not previously included in any rates for service. The Company proposes to increase its meter charges in the amounts listed below. In accordance with Texas Utilities Code Section 104.101, the increase does not constitute a major change in the Company's rates. Proposed 2004 Rate Adjusted Base Interim Adjusted Increase Each Schedules Charge Adjustment Charge Bill Rate I - Industrial $181.35 per $41.64 per $223.49 per $41.64 per Sales; meter per month meter per month meter per month meter per month Rate T- Transportation Persons with questions or who want more information about this filing may contact the Company at 1-800-460-3030. A copy of the filing will be posted at the following website: www.atmosengja.com/gdg and will be available for inspection, during normal business hours, at the Company's office located at 5420 LBJ Freeway, Suite 1800, Dallas, Texas, 75240. Customers who receive service inside the boundaries of an incorporated municipality and who wish to contact the regulatory authority having jurisdiction over this filing should contact their respective municipality. Customers who receive service outside the boundaries of an incorporated municipality and who wish to contact the regulatory authority having jurisdiction over this filing should contact the Gas Services Division, Market Oversight Section, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. Pursuant to Texas Utilities Code Section 104.301, Atmos Energy Corp., Mid-Tex Division (the "Company"}, has filed an application for an interim rate adjustment with the Railroad Commission of Texas and with each incorporated municipality on its natural gas distribution system. The proposed interim rate adjustment will apply to the Company's entire distribution system and provides a regulated cost recovery for the additional capital investment incurred in 2004. These costs were not previously included in any rates for service. The Company proposes to increase its meter charges in the amounts listed below. In accordance with Texas Utilities Code Section 104.101, the increase does not constitute a major change in the Company's rates. Proposed 2004 Rate Adjusted Base Interim Adjusted Increase Each Schedules Charge Adjustment Charge Bill Industrial Sales; $ 181.85 per $41.64 per $223.49 per $41.64 per Transportation meter per month meter per month meter per month meter per month Persons with questions or who want more information about this filing may contact the Company at 1-800-460-3030. A copy of the filing will be posted at the following website: www.atmosenergy.com/gdp and will be available for inspection, during normal business hours, at the Company's office located at 5420 LBJ Freeway, Suite 1800, Dallas, Texas, 75240. Customers who receive service inside the boundaries of an incorporated municipality and who wish to contact the regulatory authority having jurisdiction over this fling should contact their respective municipality. 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A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") ADJUSTMENTS FOR CALENDAR YEAR 2004 PROPOSED BY ATMOS ENERGY CORPORATION'S MID-TEX DIVISION; AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS WITH REGARD TO THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS FOR CALENDAR YEAR 2004 PROPOSED BY ATMOS PIPELINE; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about September 19, 2005 the Atmos Energy Corporation's Mid-Tex Division ("Atmos Energy") filed an application with the City to increase gas rates for its Gas Reliability Infrastructure Program ("GRIP") for calendar year 2004 pursuant to Section 104.301 of the Gas Utility Regulatory Act ("Act"); and WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act and the fact that this is the first application for recovery under that section of the Act, as amended, it is therefore necessary to employ the expertise of lawyers and consultants who specialize in ratemaking proceedings before regulatory authorities to assist the City as provided for in Section 103.022 of the Act; and WHEREAS, given the complexity and the need to carefully review the proposed GRIP adjustment it is necessary to suspend the effective date for implementing the GRIP adjustment in order to allow the City's rate experts sufficient time to determine the merits of Atmos Energy's proposed GRIP adjustment for calendar year 2004; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it makes sense to coordinate the City's efforts with a coalition of similarly situated municipalities; and WHEREAS, a coalition of municipalities, known as the Atmos Texas Municipalities ("ATM") has been active in gas utility ratemaking proceedings; and WHEREAS, the City will join with other cities participating in ATM in a steering committee in order to coordinate the hiring and direction of legal counsel and consultants working on behalf of ATM and the City; and SaOur DocumentslResolutions1051Atmos 091905 GRIP Filing.doe WHEREAS, Atmos Energy, doing business as Atrnos Pipeline - Texas ("Atmos Pipeline'), has also filed on September 19, 2005, for a GRIP adjustment at the Railroad Commission of Texas; and WHEREAS, the filing made at the Railroad Commission of Texas by Atmos Pipeline could affect the gas rates which have to be paid by Atmos Energy customers located within the City; and WHEREAS, it is important that the City and other similarly situated municipalities participate to the extent allowed by law in order to insure the proper implementation of the GRIP adjustment by Atmos Pipeline; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. That the effective date for the proposed GRIP adjustments by Atmos Energy, and the tariffs related thereto, are hereby suspended for an additional forty-five days or until January 2, 2006. SECTION 3. The City is authorized to join with other cities in a coalition of cities blown as the Atmos Texas Municipalities ("ATM") with the understanding that the steering committee of ATM will provide direction and guidance to the lawyers who are representing said cities. SECTION 4. The City hereby employs the Lawton Law Firm and the Law Offices of Jim Boyle, PLLC to represent the City with regard to the proposed GRIP adjustments of Atmos Energy and Atmos Pipeline before local and state regulatory authorities and in any court of law and authorizes the law firms to employ such rate experts as are recommended by the ATM Steering Committee. SECTION 5. The City is authorized to participate to the full extent permitted by law in the GRIP proceeding for calendar year 2004 initiated by Atmos Pipeline at the Railroad Commission of Texas and any court action related thereto. SECTION 6. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to Atmos Energy or Atmos Pipeline for reimbursement. SECTION 7. City's legal representatives shall have the right to obtain additional information from Atrnos Energy through the service of requests for information, which shall be responded to within twenty (20) days of receipt of such requests for information. This is in addition to other forms of discovery. Page 2 of 3 S:\Our Documents\Resnlutions1051Atmos 091905 GRIP Filing.doe SECTION 8. Atmos Energy shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. SECTION 9. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings act, Texas Government Code, Chapter 551. SECTION 10. This resolution shall become effective from and after its passage. SECTION 11. That the City Secretary is hereby directed to send a true and correct copy of this Resolution to Douglas C. Walther, Senior Counsel, Atmos Energy Corporation, 5430 LBJ Freeway, Suite 1800, Dallas, TX 75240-2601. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: + Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Planning and Development Department ACM: Howard Martin, Utilities, 349-8232 SUBJECT: V05-0018 (Spring Brook Planning Group) Consider approving an exaction variance of Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets and Section 35.20.3.13 of the Denton Development Code concerning sidewalks. The 7.25 acres of land is located approximately 750 feet east of Carmel Street and at the end of Chiquita Street. A motion at the Planning and Zoning Commission to recommend approval was defeated upon a tie vote. (2-2). BACKGROUND: Spring Brook Planning Group applied for a physical hardship variance from Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets and Section 35.20.3.13 of the Denton Development Code concerning sidewalks. The applicant requested a variance from constructing the perimeter street and installing sidewalks. The owners want to subdivide lot 2, Block 1 of Chiquita Addition into two lots Lot2R1 and Lot 2R2 for Single Family Residential Use. Applicant presented the variance request as both a physical hardship and an exaction variance to the Planning and Zoning Commission. Staff recommended denial of both. The physical hardship variance failed to receive a motion or a second, and the motion to recommend approval of the exaction variance to the City Council failed on a 2-2-split vote. As shown in the Applicant's letter (Attachment 3), Applicant has requested Council to consider the exaction variance only, notwithstanding the P&Z disapproval. Pursuant to 35.3.4.C.4(b), if the application has been denied by the Planning and Zoning Commission, such application shall not become effective except by a three-fourths (3/4) vote of all members of the City Council. The Development Code requires new perimeter streets as follows. "If an arterial or collector street is proposed by the mobility plan on, near or within the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portion of the perimeter street including right of way dedication for which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of twenty-five (25) feet, plus required bicycle lane, in the case of an arterial. Minimum right of way dedication for new perimeter streets shall be sufficient to provide the required amount of pavement, the required parkway width for the street classification as shown in the Transportation Criteria Manual, and an additional five feet to provide for any sloping needed between the pavement and the property line of the development. All perimeter streets shall be provided with curb and gutter along the side abutting the development. If the perimeter street is ultimately proposed to serve as a divided arterial street and the development is required to install half I of the arterial street, then curb and gutter shall be provided on both sides of the perimeter street so as to provide the curb for the future median of the arterial street." The Development Code requires sidewalks as follows: "All developments shall, within a dedicated right of way or easement, provide sidewalks and/or bicycle facilities designed and located in accordance with the Transportation Criteria Manual and street classification along both sides of all streets within the development. " (35.20.3.13) Chiquita is a street that is set forth on the City's connectivity plan. As shown it would run from Carmel to Helm. In this case, applicant is willing to dedicate the ROW for Chiquita (25 feet) for the frontage of his property approximately 700 feet. But he is unwilling to construct or to pay for the improvements to Chiquita. Applicant asserts that the cost of construction exceeds the impact of the two lots/two single family homes causes on the potential Chiquita Street. What is the impact of those two single family homes? The cost of building a 25 foot wide street, approximately 700 feet long is $68,400 (exclusive of ROW). Our methodology, used all over the city is the following: $6840/lot (which includes a 5 foot sidewalk and pavement with curb/gutter) for a standard lot with of 50 - 70'. Since applicant is proposing two lots, then applicant's fair share is $13,680. In lieu of the $13,680 fair share payment, staff suggested that applicant dedicate additional ROW as show on Attachment 5 using the option set forth in Section 35.20.2.K.3 of the Denton Development Code: "To provide for future street improvements, any development may elect, upon the approval of the Planning and Zoning Commission, to dedicate more street right-of-way than would otherwise be required for the development, in lieu of constructing the total street system otherwise required of the development by this Code, when: a. The additional right-of-way will be needed for a proposed arterial street, as shown on the City Thoroughfare Plan; b. Omitting the street improvements that would otherwise be required would not substantially impair the safe movement of traffic created by the development; and c. The market value of the additional right-of-way would, as determined by the City Engineer, be equal to or greater than the cost of the street improvements, which are to be omitted." Applicant opted to not accept either option identified by staff and to continue to pursue the exaction variance. RECOMMENDATION Staff recommends denial of this variance based on the following findings: 1. The variance is not a physical hardship variance but an exaction variance. The application does not meet the requirements of Section 35.3.5.B.2 (b) of the Denton Development Code. 2. Based on the city's methodology for cost per single family residential lot for road construction, applicant's fair share is $13, 680 and not zero which would be the result if this variance is granted. 2 ATTACHMENTS 1. Location Map 2. Site Plan 3. Letter from Applicant 4. September 28, 2005 Planning and Zoning Commission Minutes 5. Possible Additional ROW dedication Prepared by: David Speicher Development Review Administrator Submitted by: Kelly Carpenter, AICP Planning and Development Director 3 ATTACHMENT 1 Location Map 4 s A 1 van _ K ~a Mid alis Z .I.NMNHDV.I..I.V ATTACHMENT 3 Applicant Letter No$ Orid I oP G7of~i t'f: IC A' Ye °T62J 1 TX rt. 'MOO lftct bffd 7,a_rrlM' PW,9Wta a 1~ ` 't' fn-rife a W "t - ham OP r r ,w f rn b t d fbf a r7d rrr fen ahr 1 f i the pt r r' ' 4 t to ►r is ~ a a bO'fl ~nq :r hof e rx `'ate .°B= f 0 Is o PMPO* ti~ ete~ of f.e st: subcVo cad t 1[ted~ spy 1 ft}a~tt7at f~h1~y~~.y~jt.'th:-dip©ti~f/6 g50 ~ $;o, : '1 1. yA. -G- F ldF 3 371: Lx-1 6 \~+u'1 st LR~TiC3' ~C'3 L e ftYRwl -rdGIN7'1 - {.lw~TY. tt~ my lieu i~vtito r~fr ri eTVy-V+ rtt Vrine ~:~r€?P~rae. b At t eri t t o Wnstr is € a of bad k-" O'Y MW r 1 " _ e 9 a ties . as .r d"~ R8n -ated by-a.new, siqg64a 'house" ~tferft would der4 ' r ~en4t %m, ,tire road as a~tt tb. e . z~;p~~~ ~ ernf u:ic is !~'t e try ~rv~ta pit rq ~-a R.ropased moss My, Cfftrris'=fiwbd'de~f46 b en'efit fr&n sideWr i oil # r far a 1n'fietrtf drr, rrtw Id fl IfI'.t_he Jabfa,'Wow, 't a, co ,,t,, thwrAO!w and 7~ Apra f' a ~ a eeMM trd b . ,off i 3 two ~t yf ff a° [ cost :h E~;i~°bet deo~ 4 Table 1 Typical" Development Chiquita Addition Lot Width 70''" 690'± Land Cost $1.001 sq.ft * $1.151 sq. ft. 25'Wide ROW 1,925 sq. ft. 20,430 sq. ft. (include 10% contingency) (0.469 acres) ROW costs $1,925 $37,174 Road & sidewalk cost (as recommended in staff $6,840 ($13,68012 lots) $13,680 ($6,8401Iot) report) Total ROW, road and $17,530 $37,174 sidewalk costs for two lots * Assumptions We originally applied for a physical hardship variance due to the physical constraints associated with the extension of Chiquita Street to the east (see Staff Report for Spring Brook letter dated August 2, 2005). However, as those physical constraints are not on the subject property a hardship variance is not a valid option. Regardless of the adjacent physical constraints of extending Chiquita Street to the east, we believe that that the imposition of the regulations exceeds any reasonable benefit to the property owner and therefore meet the criteria for approval of an exaction variance and respectfully request you favorable consideration to our request. Thank you in advance for your time and efforts regarding this variance. If you have any questions please do not hesitate to contact me. Larry Reichhart, ASLA, AICP Spring Brook Planning Group 5 Con&nseltTM Page S Page 7 1 COMMIssIONER STRANGE: we now come to the 1 (COMMISSIONERS NOBLE, THIBODEAUX AND HOLT 2 public hearings. 1 would ask for those of you in the 2 NOT PRESENT.) 3 audience to be made aware that if you wish to 'speak on any 3' COMMISSIONER STRANGE: The next item is an 4 item as a public hearing you will need to have filled out 4 individual consideration and it is consider a variance 5 one of the yellow cards that you would see at the door and 5 from the Development Code concerning perimeter streets and 6 band those in to the front, We try to enforce the rule. 6 sidewalks. Ms. Chewle. 7 If you do not turn in a card, you do not get to speak. So 7 Ms. cHEwLE: vas-oois is a variance 8 please be aware of that. And if you do wish to speak on 8 application submitted by applicant Spring Brook Planning 9 any item, get a card. 9 Group. The application is to consider this case here 10 The first public bearing tonight is the 10 today is to consider either making a recommendation to 11 approval of the final plat of Lot 2R, Block B of the 1 I City Council or approving a variance of Section 12 Denton Bible Addition being a replat of Lot 2, Block B of 12 35.20,21.2 of the Denton Development Code concerning 13 the Denton Bible Church Addition and 7.675 acres of 13 perimeter streets and Section 35.20.33 of the Denton 14 unplatted land. Ms. Chewle. 14 Development Code concerning sidewalks. 15 Ms. cHEwLE: Project No. 405-0007, Denton 15 The 7.25 acres of land is approximately 750 16 Bible Church, final replat. The site is approximately 32 16 feet cast of Carmel Street and at the end of Chiquita 17 acres generally located approximately 600 feet east of 17 Street. I have here with me Mr. David Speicher who is our 18 Nottingham Drive between University Drive and Mingo Road. 18 Development Review Coordinator and he'll be able to answer 19 The property is located in Neighborhood 19 any technical questions, if you have regarding this 20 Residential Mixed Use NRMU zoning district. The purpose 20 case. 21 of the street plat is to amend Lot 2, Block B of the 21 coMMlssioNER STRANGE: Anyone have any 22 Denton Bible Church Addition and 7.675 acres of implatted 22 questions of staff? Thank you very much. This is not a 23 land. This application was reviewed per the regulations 23 public hearing. It's individual consideration, but is the 24 of the Development Code. The property is located within 24 applicant here and do they wish to speak? 25 existing neighborhood in-fill compatibility future land 25 MR. PALASOTA: Howdy. Page 6 Page 8 1 use area of the Denton plan and is consistent with the I COMMISSIONER STRANGE: Hello. If you'd 2 plan 2 give us your name and address, please. 3 The plan meets the the plat meets the 3 MR. PALAsoTA: Ism Vince Palasota. I live 4 minimum requirements and, therefore, Development Review 4 at 4 Oak Forrest Circle in Denton, Texas. Thanks for 5 Committee recommends approval. That's it. If you have 5 allowing me to come before you today. I want to first 6 any questions, I'll take them now. 6 introduce myself and tell you just a little bit about my 7 COMMISSIONER sTRANGE: Anyone have any 7 family. I'm Vince Palasota. My wife is Tammy and I have 8 questions of staff? Thank you. This is a public hearing. 8 three very young beautiful girls. And we all live in 9 And is the applicant here and did they wish to speak? 9 Denton, Texas. And we chose to live in Denton, Texas. 10 APPLICANT: only if you have any questions. 10 My business or two of my business, 11 COMMISSIONER STRANGE: The applicant is 11 actually, are in Carrollton, Texas, and we have a desire 12 here so if anyone has any questions, okay. Is there 12 to trove those to Denton at some point. But we've made a 13 anyone else who wishes to speak? We have no cards on this 13 decision to live in Denton, Texas. 14 item. Or do we have cards? 14 In December of this past year, my mother 15 Ms. CARPENTER: These are both Item 5, W. 15 and father-in-law, their dream house is actually was 16 Chairman. 16 actually available for about two years and it's at the end 17 COMMISSIONER STRANGE: okay. We have no 17 of Chiquita Street and there's a picture of it right 18 cards on this item, so we will close the public hearing. 18 there. Really wasn't feasible financially for them to 19 Mr. Roy. 19 purchase that house and all of the land and really didn't 20 COMMISSIONER Ror. I move approval of this 20 need the land in their retirement. My wife and I had this 21 item as recommended by staff. 21 great idea that we would you buy the house, we'll buy 22 COMMISSIONERwATKINs: second. 22 the land, and we'll subdivide that land and we'll build 23 COMMIss1oNER STRANGE: I have a motion by 23 our house. 24 Mr. Roy and a second by Mr. Watkins. Any discussion? 24 Now, a lot of people can't live right next 25 Please vote. Item passes 4-0. 25 door to their mother and father-in-law. I can, and my PLANNING AND ZONING AHNUTES SEPTEMBER 28, 2005 Page 5 - Page 8 I Condenselt"m Page 9 Page 1 l I family can, so we're very excited.about that opportunity. 1 little bit closer up. That's the proposed right-of-way 2 The land, it's very beautiful. There's 29 Pecan Trees 2 that we are looking to dedicate right now that's on the 3 that we hope that will be in our front yard and our acids 3 plat that was submitted. 4 will be able to grow up and walk across the meadow, if you 4 In the staff report, it's a Development 5 will, to grandma and grandpa's house and swing from the 5 Code, requires new perimeter paving streets as follows: if 6 trees one day. 6 an arterial collector street is proposed on the mobility 7 This is a this is the view of the fence 7 plan. Well, none are shown on the mobility plan or if the 8 line that there's 53 trees that if that road is ever 8 development creates the need for a new perimeter street. 9 approved or goes in at one point in time which I'm 9 I'm not really sure that one additional house, twenty 10 certainly I know that it can that we would have to 10 total kips on seven and a half acres does create the need I I really mow those trees down. 1 I for new 650 foot of new pavement. 12 The decision that we're trying to make, 12 Again in the backup, staff is recommending 13 my family is trying to make is have things changed to the 13 that we pay $6,400.00 per lot, which is typical 14 point for us that that we don't build that house, and 14 development costs for perimeter paving, sidewalks, curb r 15 we stay where we are, we find another house or another lot 15 and gutter in the City of Denton. And I wanted to take a 16 within the Denton area to build, so this is an aerial view 16 look, well, we're not typical. This isn't typical and 17 that was actually taken about 10 or 12 years ago, I guess, 17 even if you assume a typical lot at 70 feet. And I don't 18 before the before the trees were ever planted so it's 18 believe that is what is typical in Denton, if you assume a 19 kind of a rough view. But if you can see the Chiquita 19 dollar per square foot for raw land and I bet it's closer 20 Street, the house that you see right here is actually my 20 to .80 cents. 21 mother and father-in-law's house today. 21 But if you make those assumptions and add 22 So we've hired the Larry Reichhart, 22 ten percent for perimeter paving that's not right in front 23 we've hired his services to represent us because in eight 23 of the house, you're looking at about 1,925 square foot 24 months in looking at some of the rules and regulations, I 24 per lot towards the right-of-way at $1.00 a square foot, 25 just haven't been, I guess, smart enough to really 25 that's almost $2,000.00, then the $68.40 for the five-foot Page 10 Page 12 1 understand all of the ins and outs of the Development Code I sidewalk curb and gutter, you're looking at about 2 and certainly everyone at the City has been more than 2 $8,700.00 per lot. Or if you double it, because we're 3 helpful identifying, you know, what potential 3 looking at two lots, it's $17,530.00 for the right-of-way 4 opportunities are and Larry is going to address the 4 and the road in front of that house. 5 variances that we're requesting. 5 Well, we have about 690 feet at $200,000.00 6 And we came here today knowing there were 6 for four of the acres. And the other three and a half 3 7 only four people to vote, so we need all four of you to 7 acres cost more than that. So I used the low figure. 8 cast a vote in favor, so we knew that coming in and we 8 We're dedicating 4.69 acres of right-of-way. That equals 9 decided to take that chance. So thank you for your time 9 $20,000.00. Add in the recommended cost for the road and 10 and I'll look forward to seeing your results. Thank you. 10 the sidewalk. That's another $13,000.00. We're at 11 tvrR. REIcHHART: Good evening. Just give me 11 $37,000.00 for right-of-way and road where a typical 12 a second to my name is Larry Reichhart with Spring 12 development is $17,000.00. 13 Brook Planning Group, 2405 Mustang Drive in Grapevine 13 So exaction variance, you know, what is our t 14 76051. And I have to apologize right off. My Powerpoint 14 proportional share and what are we being asked to pay? We j 15 doesn't speak the same language as the City's Powerpoint, 15 believe that the right-of-way in itself is enough towards 16 so there's going to be a few technical glitches, but we'll 16 the improvements regarding criteria for the approving 17 get through them. 17 them at an exaction variance. Again, this was in your 18 And we are looking tonight at a variance 18 it's in the Cale, but that the exaction variance is 19 for perimeter paving and sidewalk. As identified in the 19 appropriate based on a finding that the imposition or 20 staff report, I believe that this could he considered as a 20 regulations exceed any reasonable benefit to the property 21 physical hardship variance. Staff thinks it's an exaction 21 owner or are so excessive as to constitute confiscation of 22 variance. I have, I believe pretty good background on 22 a tract to be platted. 23 both and will be presenting that to you. 23 And, again, ten additional trips per day. 24 Here's the location. I think we all know 24 I don't know if that warrants 650 foot of new road, and 25 where it is now. Carmel, Chiquita and here's the site, A 25 then the dedication of the right-of-way at a cost of PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 9 - Page 12 CondenseltTM Page 13 Page 15 1 $23,000.00. I think anymore you are starting to look at 1 The applicant is proposing aturn-around 2 financial takings. What I argued to begin with is the 2 on-site, so the fire trucks can come in if they have to, 3 physical constraints. 3 turn around and leave the site. 4 Again, here's the right-of-way that we are 4 The conditions upon which the request for a 5 dedicating. What just popped up would be the right-o€-way 5 variance is based are unique to the property. The 6 that would be, dedicated when the adjacent property to the 6 location of this property in association with the 7 north is developed. The problem with that is there's an 7 extension is unique. One half of the proposed road 8 existing lot in the Bent Oak Subdivision. This road 8 dead-ends into an adjacent subdivision. It's already 9 where we've dedicated our 25 feet ends up going through 9 there. And the remaining has to be extended through ESA 10 this existing lot's back yard. 10 stream buffer and floodplain. And I think that is unique 11 There is a house on there as you can see in 11 to this site and not something you would see throughout 12 the overhead. So what will happen, what would have to 12 the City of Denton. 13 happen is that the my client would have to dedicate 13 The only way that this property can be 14 additional right-of-way so we could swing the road down. 14 extended is for additional right-of-way to be either 15 Now, if you look at the adjacent parcel where this road is 15 granted by my applicant, by the property owner or 16 headed, it's NR-3, single Family Development. And the 16 condemned by the City in the future. And, again, we've 17 reason I'll for that that that's important will show 17 dedicated over four and a half acres. Now, we're going to 18 up in a short time. The existing site has a pond, a 18 be asked to dedicate more property and it is starting to 19 stream buffer, floodplain, upland habitat. 19 take be more than a mere inconvenience to the property. 20 Now, if you recall in the Development Code, 20 The variance will not in any manner vary 21 when this property goes to be developed, 50 percent of 21 the provisions of the zoning ordinance. Variances are 22 that upland habitat has to be preserved in a contiguous 22 allowed in the Code. I mean, we're not asking to do 23 area. My contention is that's it's this section over here 23 something that is not allowed. Subdivision variances are 24 that will be preserved. If you look, the utilities are 24 granted all the or at least sought all of the time. 25 out here. I'm thinking that the lower portion or the 25 Special peculiar conditions, upon the Page 14 Page 16 1 portion closer to Teasley makes sense to be built, better 1 request created by the property owner. Well, on the 2 access and all, and that these trees up here would be the 2 adjacent another developer created the subdivision 3 ones that would be preserved. 3 which is creating the need for this road to be dropped to 4 Additionally, here's the property that 4 the south and, you know, God created the physical 5 we're talking about that's being developed, and this is 5 constraints, the trees, the floodplain, and such on the 6 the part that all of these lines are supposed to pop up 6 adjacent property. 7 at once, but these are the lines that are shown on the 7 We feel we meet all five of the criteria 8 connectivity map that identifies that this road in front 8 for a physical hardship variance and we do respectfully 9 of Chiquita is supposed to be extended into this property 9 request your approval. Be happy to answer any questions 10 over to Teasley, then south, over the floodplain, over the 10 that you have. I 1 stream buffer, through the trees, and that is what is I 1 COMMISSIONER STRANGE: Mr. Roy. 12 supposed to be developed. I think the floodplain itself 12 COMMISSIONER ROY: Mr. Reichhart. 13 in crossing that floodplain in three or four different 13 MR. REICHHART: Yes, sir. 14 locations is going to be a barrier to building that road. 14 COMMISSIONER ROY: I am totally confused 15 And additionally, there's a subdivision up 15 about what's going into this place. There's nothing in 16 here, Oceans to Oceans that has been platted that I don't 16 our backup. There's nothing in what you have said 17 believe had the right-of--way for that road being developed 17 MR. REICHHART: There is one additional Into this 18 through it. So I really don't know where these roads are 18 single family lot going into this property. 19 going. 19 site right here, there's an existing house right here, 20 The criteria for approval for a physical 20 property owners are subdividing the property. COMMISSIONER ROY: So there's a house 21 hardship variance, not be detrimental. Well, the road 21 22 isn't there now. We're looking at one more house creating 22 this property that house at the end of Chiquita. Street 23 not building the road is not going to be detrimental to 23 is part of this site; is that correct? 24 the neighborhood. Fire and emergency access can be 24 MR. REICHHART: Yes. 25 handled on-site. 25 COMMISSIONER ROY: And then what else is PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 13 - Page 16 i CondenseltTM Page 17 Page 19 1 going to happen in this? 1 right-of-way would be north of that, or we'd have to look 2 MR. RmcHHART. one additional house. 2 at additional easement or additional right-of-way down in 3 COMMISSIONER ROY: EeCause there's some 3 this area. Quite honestly, if we dedicated the additional 4 reference to two lots. 4 right-of-way, we wouldn't have needed the variance. 5 MR. RmcHHART: well, in order to subdivide 5 The Code allows and staff proposed that the 6 the property, if you could zoom out just a little bit, 6 Code allows that if you dedicate additional right-of-way now that's fine. This is the property 7 above and beyond what would normally be required that can 7 please, right 8 coming up here all the way up and down, okay. Here's the 8 offset your road improvements. The applicant, quite 9 existing house. They're proposing to subdivide the 9 honestly, was looking at more and more intrusion into the 10 property into two. Here's the existing lot. Here would 10 property, another 25 feet, anyway, so a total of 50 11 be one additional lot. There's a drainage easement that 11 foot. And decided that they would rather seek a variance. 12 comes through this property right now. We're looking to 12 COMMISSIONER STRANGE: okay. So let me 13 relocate it, but it still needs to be fairly wide because 13 follow this along a little bit. from my own understanding 14 it's s0 flat out there. But they're proposing to sit one 14 again. If, and I may need to ask staff this, too. If 15 additional house approximately in this location. 15 this proposal had not come forward to split this and that 16 COMMISSIONER ROY: All right. So this talk 16 one house stayed there, is there any reason to think that 17 about a Chiquita Addition is just one more 17 we would be looking at a right-of-way dedication? 18 MR. REICHHART- one more lot. 18 MR, REICHHART: No, you would not. Because 19 COMMISSIONER Roy: one more house? 19 the property would not have to be platted. It was already 20 MR REICHHART: One more house 20 platted, I believe, prior to, that's why we're doing a 21 approximately 6,000 6,500 square foot house. 21 replat. 22 COMMISSIONER Roy: okay. Thank you. 22 COMMISSIONER STRANGE: All right. 5o 23 COMMISSIONER sTRANG6: I'm like W. Roy, 23 really, we wouldn't be looking at at some reason at 24 I'm a little confused on one point. You're looking for a 24 this point that this right-of-way would be dedicated? 25 variance from perimeter paving and sidewalks? 25 MR. RwcHHART: Right. Page 18 Page 20 1 COMMIsstoNERSTRANGB: And, secondly, and I MR. REICHHART: correct. 2 COMMISSIONER STRANGE: And then I thought I 2 this may be for staff, if the City did ever want that 3 understood the applicant to say they did not want to grant 3 right-of-way and they came in there and condemned that, 4 a right-of-way because it was going to go right through a 4 then who would pay for the street? It wouldn't be the 5 lot of Pecan Trees. 5 property owner, would it? 6 MR. REICHHART: well, they 6 LgGAL: Right. Well, the condemnation COMMISSIONER STRANGE: But you're showing a 7 action that the City would have to come in and seek 7 8 right-of--way, so 8 condemnation of the right-of-way and bear the expense and 9 MR. REICHHART: They will dedicate the 9 then try to find some way to offset the cost of it if it 10 right-of-way. They're looking for the variance not to 10 could through some kind of a street improvement fee, but I # 11 build the road. 11 don't think that there's anything that is provided 12 COMMISSIONER STRANGE: So they're willing 12 right-of-way to allow that. 13 to grant the right-of-way, they just don't want to build 13 MR. REICHHART: well, another scenario is 14 the road. 14 that if the adjacent property is developed and another } 15 MR. REICHHARM Yes. 15 developer would like that access, I mean, they could pay E 16 COMMISSIONER STRANGE: That was a a little 16 for the condemnation and then they could pay for the 17 confusing in what we were looking at. And the 17 improvements of the road. 18 right-of--way they're going to grant will compensate at the 18 COMMISSIONER STRANGE: I guess the point 19 east end for the lot that would be in the way? 19 I'm trying to get to is if under either one of those two 20 MR. REICHHART: NO. 20 circumstances, this applicant would or the applicant here 21 COMMISSIONER STRANGE: No? 21 would not be asked to be paying for the street? 22 MR. REICHHART: It's the 25 there' S 22 MR. REIcHHART: That is correct. COMMISSIONER STRANGE: Right. So in a 23 additional right-of--way in this area, but then it's 23 24 straight 25 across the front. That existing lot you can 24 sense we're getting a right-of-way that otherwise we would 25 just barely make out is right here. The additional future 25 have to condemn? PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 17 - Page 20 Condensdfm Page 21 Page 23 l MR. REICHHART: Correct. I mentioned. 2 COmmiss[oNER STRANGE: And all we're giving 2 I will also say that Mr. Palasota has been 3 up is them not paving the street or putting in a 3 great he has been a great guy to work with. All we're 4 sidewalk 4 throwing at you as staff is what's in our Code and what 5 MR. REICHHART: Right. 5 the requirements are. We do have the two proposals as 6 COMMISSIONER STRANGE: --into an estate. 6 it's shown in the report. Any other questions I'll be 7 MR. REIcHHART: And I should also mention 7 glad to answer them. 8 that the other issue is that the applicant is going to 8 eoMM[ssIoNER Ray: so you're saying that 9 have an access easement from his father-in-law's property, 9 our existing plan recognized the problem with that road 10 and they're going to use the existing driveway, and then 10 and showed it to be dropping down a little bit to the 11 expand extend the existing driveway into their lot. 11 south and then straightening out and going over or is that 12 COMMISSIONER STRANGE: Mr. Roy. 12 little crook there 13 COMMISSIONER ROY. AS I recall the Chiquita 13 MR. SPEICHER: This is the crook right 14 Street now has no sidewalks? 14 here. 15 MR. REIcHHART: That is correct. 15 COMMISSIONER ROY: That's not existing, is 16 COMMISSIONER ROY: And so this would boa 16 it? 17 sidewalk basically to a single family home and so I'm I 17 MR. SPEICHER: NO. 18 don't have too much trouble with that part of it. But I 18 MR. REICHHART: NO, it's not. ; 19 need understanding from staff as to your thinking on the 19 MR. SPEICHER! No. You guys are over in 20 road. Are we would we plan a road on the north side of 20 this general area here. And there's a little crook in 21 his property that would go to that home over there on Bent 21 here that's not really shown much, but this is where the 3 22 Oaks? 22 end of the property is and we'll have to dive down. So we 23 MR. PARKER: if I can addrm that. 23 already intend on doing that in our mobility plan. 24 Ms. CARPENTER: Mr. Speicher, you need to 24 MR. REICHHART: If I may point out on the 25 stand in front of the mike for us. 25 overhead, too, on the mobility plan, they intended to go Page 22 Page 24 j I MR. SPEICHER: okay. Let me scoot my 1 over to Helms Street, too, but as I stated before, the 2 picture up here first. 2 Oceans to Oceans development already platted that corner 3 Okay. What I have here is a copy of our 3 property. And I don't recall, I haven't looked at that 4 connectivity plan for our mobility. And this is Chiquita 4 plat recently. But I do not recall that right-of-way was 5 Street here. This little dip right here is approximate 5 dedicated for a road along their northern property line. 6 location of where the existing home is located right in 6 COMMISSIONER ROY: Does staff know the 7 this general area here. And this is this shows that we 7 answer to that? Or what if it was or was not, what does 8 do plan on having the connectivity continue on on dawn to S that mean for us? 9 the next road here and it connects into Lillian Miller on 9 MR. SPEICHER: The alignment of this road 10 the east. 10 is going to be development driven. I don't think it's I 1 And that answers your one question about 11 anywhere in our capital improvements. I'm quite confident 12 would the road go through, and this is why staff is 12 it isn't. And as development occurs, development will 13 talking about this issue. And I would like to add one 13 extend this road accordingly and in accordance with our E 14 more thing that hasn't been discussed. And that is a 14 Development Code. E 15 water main on here. There is a our existing water main 15 coMM[ss[oNER sTRANGB: [ think the question 16 ends right here and we propose to allow them to provide us 16 for Mr. Roy was, does that other piece that's over there, 17 some additional right-of--way. We're thinking it's going 17 is there right-of-way on the north edge of that Oceans to 18 to be more like this section here. 18 Oceans that would align with this other street. Ms. F 19 This is on the east end of the property. 19 Carpenter. 20 We're thinking it's more along this line right here. And 20 Ms. CARPENTER: At this I can't tell 21 this this would help us in re-routing the property, the 21 whether my it's not working, so the I don't know. 22 roadway underneath the existing subdivision that you see 22 I didn't look at the Oceans to Oceans plat tonight, I 23 in here. And allow us to continue on with our water, our 23 mean, today. But what Mr. Speicher says is correct. 24 and our roadway, make the continuity to the east. 1 24 There's undeveloped, I believe, parcels on the north side i ~ 25 just wanted to bring that up. I don't think that was 25 there which still would allow the road to be put in there PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 21 - Page 24 Condenselt"M Page 25 Page 27 I as development occurs. You don't have to rely solely on 1 coMMIssIONER sTRANGE: Mr. Roy. 2 that Oceans to Oceans piece. But we could look it up and 2 coMMIs3IONER ROY: This is being presented 3 find out what the dedication was, if any. I don't know 3 to us as an exaction variance tonight. 4 off the top of my head. 4 MR. REICHHART: it was presented both ways, 5 COMMISSIONER STRANGE; I thought one of the 5 and 6 slides showed development already up there. 6 Ms. cARPENTER: Mr. Chairman 7 MS. CARPENTER: well, there you can see 7 COMMISSIONER STRANGE: Yes. 8 it looks like a street, but it's not abutting to 8 Ms. CARPENTER: the item is posted and 9 Chiquita. I don't know 9 the staff report is written so that you could consider j 10 COMMISSIONER STRANGE: where's that map 10 either variance. The applicant has asked for the hardship I 11 that had that lot about the Bent Oaks in it? 11 variance. The staff is arguing it's an exaction. But the 12 MR. REICHHART: If you go back to the 12 way the heading is written and the item the Agenda item: 13 overhead or the Powerpoint, to the north of this property 13 is written, the Planning Commission is free to consider 14 is undeveloped. This property here's our site again. 14 either one. i 15 This property up here is undeveloped currently. So there 15 MR. RmcHHART: Arid staff posted it that 16 is the ability to. get additional right-of-way along here. 16 way to give us the benefit of the doubt, I believe. But 17 But along this property, it is the Bent Oaks Subdivision 17 if we go back to the exaction variance again again, the 18 which is developed. 18 amount of right-of-way that's already being dedicated in 19 So we are looking at getting the property, 19 excess of almost you know, or close to a half an acre 20 and, again, sorry, went the wrong way. This is what the 20 out of seven and a half acres in itself, we believe, is 21 Oceans to Oceans development is, right here which I 21 warrants the variance in itself. 22 contend right-of-way was not dedicated that would allow 22 Ms. cARPENTER: Mr. Chairman, as to the 23 this road to get over to Helms and then with the stream 23 exaction issue, I'd just like to offer the following. 24 buffer and the floodplain being that close to the rear of 24 When you're in an arterial street situation and the street 25 that property, that it makes it very difficult to come 25 is developed and you know what the volume over capacity Page 26 Page 28 1 through, you know, curve the road over the pond, through 1 ratios are, and you know what volume of traffic the new i i 2 the pond, and then back out this way. Not impossible, but 2 development is going to put on that road, it's pretty easy i 3 more difficult. 3 to identify what the rough proportionality is of the trips 4 COMMISSIONER STRANGE: Legal. 4 put on the road by the proposed new development. And the 5 LEGAL: I don't mean to derail the thought 5 effect on the need for additional segments or 6 process too much or anything like that. But I may be able 6 intersections or whatever. In a case like this, that kind 7 to shorten this discussion up a little bit insofar as the 7 of analogy is very difficult to make. 8 variance applied for was a hardship variance and all of 8 In looking at past variance cases, the E 9 the criteria applicable to a hardship variance speak to 9 language that the staff has provided to the Planning 10 the property itself for which the variance is sought. 10 Commission is like this. If there is a need for a road, 11 All of the various conditions, whether or 11 then what is the minimum road that needs to be put in 12 not it's detrimental to public health, whether it's the 12 place, it's probably the 25 foot one-lane requirement 13 conditions are unique to the property, whether there are 13 that's in the Code today that would serve this property, 14 particular physical surroundings relating to the property, 14 okay. And that needs to be, I think, what the Planning 15 its relationship to the zoning ordinance and whether it 15 Commission looks at with respect to the rough 16 was created by any prior user. All of those issues speak 16 proportionality. 17 to the particular property for which the variance is 17 It's very difficult to put in less than one i 18 sought. 18 lane to serve a house if you're going to put in a public 19 And these issues where we're speculating as 19 street at that location. So I don't know if the attorney 20 to whether or not the Oceans to Oceans property has been 20 wants to add to that. 3 21 platted, developed, whether there's easement on it, what 21 LEGAL: well, there are a couple of things 22 have you, are not really germane to the issue of whether 22 to add to it. I mean, first of all, going back to the 23 or not a variance should be granted under the hardship 23 application itself, and I'm sorry, I was just going by 24 variance standards that are set out in the Code. 24 Attachment 3, which is the application letter where it 25 COMMISSIONER ROY: A question, if I may. 25 said that the applicant was requesting a physical hardship PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 25 - Page 28 CondenseItm Page 29 Page 31 1 variance from the perimeter paving and sidewalk 1 that part of the some requirement I'm just thinking 2 requirements that I was taking that to be an application 2 about how the fire truck would get in there. Let's say 3 for that standard rather than the other. 3 MR. REICHHART: There will be an access 4 However, you know, my recollection of the 4 easement granted from Lot 1 to Lot 2 over the common drive 5 City standards and the Denton Development Code for even an 5 area that will be shared by both properties. So when the 6 exaction variance is that the exaction has to be 6 plat is filed tyre will be an access easement over this 7 confiscatory of the property. And I don't know that I 7 portion of the driveway until it clears and gets into this 8 don't recall hearing any evidence on that issue. And I 8 second lot. That easement will run with the property. 9 don't know whether there is or isn't any at this point in 9 And that's a common development tool that's used, 10 time. 10 commercial development and residential development. E 11 The other point that I'd just like to point 11 coMMlsstoNER sTRANGE: Any other questions? 12 out that there could be other issues that are implicated 12 Okay. Thank you. We do have two cards on this item, and 13 by this particular variance. I know that there were a 13 both people who have filled out cards, both Mr. Palasota 14 number of issues sort of stated about what the applicant 14 and W. Reichhart have both spoken. We have no other 15 is willing to do or might do or may do or whether a 15 cards so I'm assuming no one else wishes to speak. Do we 16 turn-around might be put in. 16 have a motion on this item? Mr. Roy. 17 I know that under 35.15.7 of the Code 17 coMMtssioNER ROY: This is a tough one. 18 there's a minimum street frontage requirement that would 18 Here we have a proposal to develop the kind of home that 19 be implicated if a variance were granted potentially. And 19 the City is looking for and the indication or my 20 all I can really say is that you have before you what you 20 tendency is to try to promote that, and I don't have any 21 have before you. If you grant a variance, that doesn't 21 problem in the proposal on the sidewalks because there's 22 necessarily mean that what's been presented to you orally 22 there's no sidewalks at all in that whole neighborhood, 23 will come back to you and exist. So that needs to be a 23 in not only Chiquita Street but the other one. 24 consideration as well. I don't know if you had anything 24 The road, I'm struggling with there my 25 else in mind, Kelly, or not. 25 perception is is that road is probably never going to get Page 30 Page 32 1 MR. REICHHART: Regarding the street 1 built. It doesn't go anywhere and that whole Chiquita 2 frontage though, we do have I'm not sure if it's street 2 Street has only a handful of large estate-style homes and 3 frontage or right-of-way, we are dedicating the 3 there will be little incentive for the City to really 4 right-of-way. There is right-of-way frontage on the 4 build that. 5 proposed second lot. Regarding the turnaround, the fire 5 I am a great proponent of connectivity, but 6 marshal requires the Fire Code requites that the fire 6 that's for subdivisions. But this is not really a 7 trucks can get in and out safely from the site. And the, 7 subdivision. This is a group of four or five large 8 DRc comments reflect the need for a fire truck turnaround 8 estate-style homes, so I'm very much leaning toward 9 on the property. 9 granting this variance. Now, whether it's a physical 10 So we do have intentions of building the 10 hardship or an exaction variance, I'm still struggling on 11 fire truck we won't get a, you know, building permit 11 that. 12 unless we accommodate the fine marshal, so we're not 12 COMMISSIONER STRANGE: well, I concur with 13 creating an unsafe condition. My client is taking access 13 your thoughts. I don't see that that's that road is 14 from an existing driveway off of the end of Chiquita and 14 likely to be built and the point I was trying to make 15 again, one lot, one street, 600 foot of you know, 50 15 earlier is that the applicant is dedicating right-of-way 16 foot of frontage, and all of the right-of-way that is 16 if the road ever is to be built, the right-of-way would be 17 being dedicated, we believe, is the justification for the 17 there. 18 exaction variance. 18 So and the same concept on the sidewalks, I 19 coMMissioNmRoy: Mr. Chairman. 19 there's no other sidewalks there. So it would appear to 20 COMMISSIONER STRANGE: Mr. Roy. 20 me that the applicant has made provision if the road is 21 coMMlssioNER Roy: I understand from the 21 ever built, and if not, well, then there's a right-of-way 22 first presentation that this is a family relationship 22 there that's available. 23 between one lot and the other, but that might not be the 23 coMM[SSIONER ROY: well, maybe --legal, 24 situation forever. And so the access to Lot No. 2 I'm 24 how do we get around this? How do we get to a decision on 25 going to say, the new home, is that that acces is 25 whether this is an exaction or a physical hardship PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 page 29 - Page 32 CondenseltTm Page 33 Page 35 I variance, just our judgment or 1 documents may be amended in the matter prescribed by law? 2 LEGAL: No. There are very specific 2 You know, from what we could tell, this will vary only the 3 criteria for the physical hardship variance and there's 3 Denton Development Code, so arguably that standard could 4 also criteria for the exaction variance as well. Let me 4 be met. 5 go ahead and just read to you from 35.3.4.13.d, the 5 And, finally, you know, the special or 6 proposed exaction variance is appropriate based on a 6 particular conditions upon which the request is based did 7 fording that the imposition of the regulations exceeds any 7 not result from or were not created by act or commission 8 reasonable benefit to the property owner or is so 8 of the owner or any prior owner subsequent to the date of 9 excessive as to constitute confiscation of the tract to be 9 the creation of the requirement for which the variance is C 10 platted. There are also case holdings that speak to a 10 sought. 11 rough proportionality of the impact being attributable to 11 Again, there are no special conditions 12 attributable to this particular property, so I don't think 12 the development itself. 13 As far as the hardship variance is 13 that the criterion is really applicable whether it was 14 concerned, it has very specific criteria as well. Staff 14 created by this owner or not. The standard isn't met. So 15 has given you their analysis that this does not meet the 15 it's important to differentiate between the two types of 16 variances that you have, not just from the standpoint of 16 five criteria. And I personally concur with that, And I 17 tell you why and this may give you some guidance as well 17 satisfying these legal requirements, but also there it 18 because the focus of a physical hardship variance must be 18 makes a difference from the standpoint of maybe whether an 19 on the property itself for which the variance is sought. 19 appeal is involved or whether or not the City Council may 20 When you look at, you know well, I'll 20 see this again. 21 just kind of dodge through the five criteria real 21 So I hope that those guidelines may be of 22 quickly. Will the granting of the variance be detrimental 22 some assistance to you in fleshing out your motion and 23 to public health, safety or welfare or injurious to the 23 specifying a particular variance. 24 property? Well, arguably, you know, if you don't have 24 COMMISSIONER ROY: well, I think from what 25 that alternative access, some people might argue that 25 you've said and you highlighted the fact that we are to page 34 Page 36 1 that's an issue that would impact the welfare and safety 1 consider this particular property and not the adjacent 2 of the community. 2 property because the applicant has made points about the 3 Would the conditions upon which the request 3 adjacent property and the likelihood of this road going 4 for variance are based, are they unique to the property 4 through with the pond and the floodplain issues there, so $ for which the variance is sought and not applicable 5 considering all of this, it seems to me to be an exaction 6 generally to other property? Well, you know, I would 6 variance. And I make a motion that we recommend to 7 suggest to you that probably not because it doesn't have 7 8 anything to do with this property. The issues that are 8 the Council to approve an exaction variance in this case. COMMISSIONER STRANGE: we have a motion. 9 raised all have to do with property that's to the east of 9 10 this property. 10 Do we have a second? I'll second the motion. Mr. 11 The criterion 3, does the particular I I Watkins. j 12 COMMISSIONER wATKINS: Thank you, Mr. I 12 because of the particular physical surrounding, shape or 13 topographic conditions of the specific property involved 13 Chairman. I have we've wondered kind of far astray and 14 that because of that a particular hardship to the owner 14 I tend to lean the other direction. Number one, I don't I 15 would result as distinguished from a mere inconvenience of 15 want to be put in the position of deciding whether we'll j 16 the strict letter of the regulations as carried out? 16 ever build a road there or not. I think our downtown area 17 You know, if there were a mountain in the 17 proves that some of those things might have been a mistake 18 in years past when we didn't leave the right-of-way. 18 middle of it and you were requiring a roadway through it, 19 I also have a problem, Larry, with 19 that would be a situation for which this third criterion 20 may be applicable. Again, there's nothing shown on this 20 pardon me, I can't help it. I also have a problem with 21 particular property that is an impediment that's due to a 21 dedicating right-of-way, but nobody says who's going to 22 shape or topographical conditions. 22 build the road. If we dedicate the right-of-way, if we 23 The fourth criterion, will the variance 23 need a if a road is on the map, I don't think it's up 24 vary the provisions of the zoning ordinance, the Denton 24 to us to decide whether or not it will be built. 25 Development Plan, the master plan, except that those 25 Now, I wouldn't argue with you that I know PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 33 - Page 36 i Con&nselt"'I Page 37 Page 39 1 a mad needs to be there. But if it's on the map, someone I coMMIssIONER STRANGE: Okay. Any other 2 put it there, maybe even Larry when he was here. But I 2 comments? Okay. We have a motion for and a second. A 3 have some problems with us deciding, well, the road 3 motion by Mr. Roy, a second by the Chairman for granting 4 probably won't be built, and so, it's not needed. 4 the variance. 5 It could very well be the case, but I don't 5 MS. CARPENTER: An exaction variance. 6 want to decide that here. I'm sorry, Mr. Chairman. Thank 6 COMMISSIONER STRANGE: An exaction 7 you 7 variance. If there's no other discussion, please vote.; 8 COMMISSIONER STRANGE: I don't know that 8 And it is a 2-2 vote. 9 we're deciding if the mad will be built. The 9 (COMMISSIONERS WATKINS AND GUGMON-RAMONE 10 right-Of-way is being provided. 10 VOTING IN OPPOSITION AND COMMISSIONERS 11 COMMISSIONER WATKINS: Sir? 11 HOLT, THIBODEAUX AND NOBLE NOT IN 12 COMMISSIONER STRANGE: I said the 12 ATTENDANCE.) 13 right of-way is being provided for a road. 13 COMMISSIONER Roy: what does that mean? 14 COMMISSIONER WATKINS: And if --we're 14 COMMISSIONER STRANGE: It means that it is 15 talking about two lots, but you could put several lots in 15 not approved. 16 there and then you would divide the price by several. You 16 LEGAL: Motion fails. 17 wouldn't? 17 cOMMIssIoNER STRANGE: moving back to our 18 COMMISSIONER STRANGE: Then you'd be 18 Agenda, and that is the final item for tonight unless 19 replatting the lots to do that. That would be a different 19 anybody has any future Agenda items. Seeing none, we will 20 issue at that point. 20 adjourn at 7:25. 21 COMMISSIONER ROY: That's a very important 21 (End of proceedings.) i 22 point to me is that these are only two lots. When I first 22 i 23 saw this project or this addition, I thought there were 23 c 24 going to be it was going to be developed into several 24 25 homes and I had one vision, thought about what the answer 25 Page 38 1 should be, but learning tonight that it's only two, one j 2 existing and one new home, that changed my thinking about 3 what type of roadway is needed in this area. I agree with 4 you about the decision, it's not our choice to make the 5 decision about the road. I'm just trying to be practical r 6 and, you know, supportive of our building large estate 7 homes like this. 8 COMMISSIONER STRANGE: Ms. GAZmon-Ramone. I 9 COMMISSIONER GUZMON-RAMONE: Thank you. i 10 And I think because I this is very hard, I guess, 11 subject for me. I do want to put my reasons behind my 12 decision on the record so at least the City Council will 13 have it to reflect on. 14 I actually do not believe that either a 15 hardship or an exaction variance has been met. I think 16 based on what legal stated, the hardship variance was not 17 met and if when we're determining whether an exaction was 18 met, whether we have to determine whether the 19 imposition actually exceeds the benefit. 20 I think in this case because it is it's 21 already dctailed in the plan that a right-of-way and a 22 street will be there. I don't think the imposition on the 23 property owners would exceed the benefit that the citizens 24 of Denton would have. And that's why I would be voting 25 against the motion. Thank you. PLANNING AND ZONING NIINUTES SEPTEMBER 28, 2005 Page 37 - Page 39 S N Q 47 P-I W tri M I t nn n e a Q ~ ,7£'£5T'F M,B j,£Z.dl 5 ~ Pii='-•-- - ~H}p~,9" I`• o%Yr /r ~ a ~ c71~~R 0 73 Mo rfn r = C.A az \ ...z o, ^ . M. 41 N w^ t~ ~-~rh ~ 0 \ ~ La, .:~ve~ K.}=d:N, iA Fun3~~I v L 9'~ 1,1 1 e. .........1 A-°r,r Y2T~ 14 T. O C 3 t 4r ~ A. 7;•,wtlr ~4~a~fis h .s's-'-'+C --I 3:-fin •.Tn},•_- jlljC r' i _'Y i- f~ ~ , r 1;~~, - s,F!'~! rN mot.. _'Yi \ tv_-__AC~'-! ` Y_.,.4 ~F t \~'•,<sF -,~t.~+~ ~ P' r S i£ w ja =v.--.xt~z9+^]~o_tr54e~o...r_Y__'~z,,~' - ~ 'L'~~-.` z ~~d 0.. 1~ 14 OE- ♦ ,_t-+'` J yi - x _ gam, ~`~r'E ~ p;~~''j #4q~$~Y%~fa~f t ~x•~'; 'x'~i7SlkC~~}~F~13Z}~'f~l!f3i FgYr~li l ~ E •F~~I c:EE{ t5~'ss'~ 'E 3fE1 %Fa:.^ t~ 'I i iI r U,e d ollS .LNFIWHDVJ,,L`d AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Legal Department CM/DCM/ACM: Ed Snyder, City Attorney SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE PETITION OF JNC PARTNERS DENTON, LLC DATED OCTOBER 4, 2005 FOR INCLUSION IN A THREE-YEAR ANNEXATION PLAN RELATED TO ANNEXATION CASE NO. A05-0002; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: On October 4, 2005 the City received a petition from JNC Partners Denton, LLC to be included in a three-year annexation plan under Subchapter C of Chapter 43 of the Texas Local Government Code. This ordinance is a response to that petition. OPTIONS: Approve the ordinance as proposed or approve an ordinance granting the petition. RECOMMENDATION: Staff recommends approval of the ordinance as proposed for the reasons stated in the proposed ordinance. Respectfu submi d, Ed Sny r City Atto e 5:10ue DacumenlslMiscellaoeons10511~1865AI5-MC Petition.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE PETITION OF JNC PARTNERS DENTON, LLC DATED OCTOBER 4, 2005 FOR INCLUSION IN A THREE-YEAR ANNEXATION PLAN RELATED TO ANNEXATION CASE NO. A05-0002; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City proposes to annex approximately 5,800 acres of land (the "Annexation Area'), Denton Annexation Case No. A05-0002; and WHEREAS, the Annexation Area consists primarily of vacant or sparsely settled land; and contains not more than 61 parcels that are occupied by one or more dwelling units; and WHEREAS, the City has not annexed any land since December 31, 2002, except by consent of the property owner; and WHEREAS, the City does not propose to separately involuntarily annex two or more areas containing 100 or more separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, the City has provided notice of public hearings to property owners, utilities and railroads within the Annexation Area, pursuant to Tex. Loc. Gov't Code, chapter 43, subchapter C-1, ("subch. C-1") as authorized by Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the City Council has conducted two public hearings on October 4, 2005 and October 11, 2005, and prepared and made available a service plan for the Annexation Area in accordance with subeh. C-1; and WHEREAS, the City Council fords that there are good and sufficient planning reasons for annexing the Annexation Area at this time; and WHEREAS, INC Partners Denton, LLC ("JNC") filed a written petition dated October 4, 2005, pertaining to approximately 1,900 acres of land within the Annexation Area owned by JNC (the "JNC Property"), a copy of which is attached hereto and made a part hereof as Exhibit "A" (the "Petition"); WHEREAS, it appears that the JNC Property presently is primarily vacant, unoccupied ranch land; and WHEREAS, JNC has also petitioned the City for consent to create a Water Control and Improvement District for purposes of providing water and wastewater services to support intensive development of its land; and WHEREAS, the Petition requests that the JNC Property be included in a three-year Page 1 annexation plan under Subchapter C of Chapter 43 of the Texas Local Government Code; 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 true and correct and are incorporated herein by reference. In addition, the City Council hereby makes the following findings which are true and correct: a. The Annexation Area consists of only one area, and it contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. b. The Petition fails to allege that the City of Denton proposes to separately annex two or more areas described in a. above. c. The Petition fails to identify any facts supporting JNC's contention that the Annexation Area should be annexed pursuant to a three-year annexation plan. SECTION 2. The City Council hereby denies the Petition. The Petition fails to allege that the City of Denton proposes to circumvent the requirements of Section 43.052 of the Texas Local Government Code by separately annexing two or more areas described in Subsection 43.052(h)(1) of that section. SECTION 3. This ordinance shall take effect immediately from and after it passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S , CITY ATTORNEY BY: Page 2 Exhibit A 1717 Main Street, Suite 2800 HUGHES WCE LLP Dallas, Texas 75201 ATTORNEYS AND COUNSELORS 214.939.5500 214.939.5849 (fax) October 4, 2005 Misty.Ventura@HughesLuce.cam Misty Ventura 214.939.5462 VIA HAND DELIVERY City of Denton c/ o City of Denton City Council (Mayor Euline Brock, Perry McNeill, Charlye Heggins, Pete Kamp, Jack Thomson, Bob Montgomery, and Joe Mulroy) 215 E. McKinney Denton, Texas 76201 Re: Proposed annexation of approximately 5,800 acres located within the extraterritorial jurisdiction,("ETJ") of the City of Denton (the "City") pursuant to the City's proposed North Denton Annexation, A05-0002, including approximately 1,900 acres owned by JNC Partners Denton, LLC (the "JNC Property") Dear Mayor and Council Members: Hughes & Luce, LLP, represents JNC Partners Denton, LLC, the owner of the JNC Property. This letter addresses certain issues created by,recently announced plans to annex the JNC Property and is with reservation of any and all rights and remedies my client has regarding that proposed annexation. Denton's Annexation Strate~y. In 1999, the 76th Texas Legislature amended Chapter 43 of the Texas Local Government Code by, among other changes, requiring that Texas cities prepare three- year annexation plans. The purpose of this requirement is to allow time for formal long range planning, careful evaluation of the economic consequences of annexation, and valuable input from the affected parties. The process provides for a three-year annexation cycle with respect to areas identified for annexation in order to make such evaluations and determinations. Instead of preparing a considered, well-reasoned three-year annexation plan, the City chose to ignore this requirement by adopting an Annexation Plan, on December 31, 1999, that states that the City "has determined that any anticipated annexations in the foreseeable future will be exempt from the annexation plan and other provisions of Senate Bill 89 pursuant to [certain] exemptions as set forth in Section 43.052(h)." In 9520OUA1423:929433A3 . HUGHES , WCE LLP ATTORNEYS AND COUNSELORS City of Denton October 4, 2005 Page 2 other words, the City's three-year annexation plan is no plan at all, in contravention of the will of the 76th Texas Legislature. Section 43.052(h)(1) states that Section 43.052 does not apply, to the area proposed for annexation "if the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract." The purpose of the (h)(1) exception is to provide a limited exception to the required three-year annexation plan, not to make the use of such exception the rule. In direct response to plans by my client to develop the JNC Property, the City plans to use the (h)(1) exception to annex the JNC Property and other property totaling approximately 5,800 acres. If the requirement to prepare a three-year annexation plan is to have any meaning, the City should not invoke the (h)(1) exception every time development is proposed in the City's ETJ. The Annexation Plan Should Be Amended. The Local Government Code does provide a safeguard against the approach the City has taken. Section 43.052(i) provides that a municipality may not circumvent the requirements of Section 43.052 by separately annexing two or more areas under the (h)(1) exception if no reason exists under generally accepted municipal planning principles and practices for separately annexing the areas. In other words, the (h)(1) exception cannot be used merely to circumvent the statutorily required three-year annexation plan. Yet, the City's annexation policy is to assess "on a case-by-case basis the annexation of areas in the extraterritorial jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to occur in the near future." City of Denton Ord. No. 94-150. As a result, rather than planning for annexations, the City reacts to proposed plans for development by annexing property pursuant to the (h)(1) exception. Under these circumstances, JNC Partners Denton, LLC, hereby petitions the City to include the INC Property in the City's formal, three-year annexation plan as required under Chapter 43 of the Local Government Code and respectfully requests that the City respond to this request within the next five days. 952000.01423:929433.03 HUGHES j LUCE LLP ATTORNEYS AND COUNSELORS City of Denton October 4, 2005 Page 3 The City's Proposed Service Plan: One-Size-Fits-All? The proposed service plan for the area to be annexed is inadequate. The "one- size-fits-all" service plan fails in several important respects to comply with Section 43.056 and the changes in annexation law mandated by the 7611 Texas Legislature. By way of example (and there are others): 1. The service plan does not provide for the full extension of municipal services (e.g., water and sewer). Instead, it states that such services will only be provided "at the initial expense of the property owner." This contravenes Local Government Code Section 43.056(f)(2), which states that "a service plan may not require a landowner in the area to fund the capital improvements." 2. The service plan states that police and fire services will be provided upon the effective date of the annexation, but the plan makes no provision for extra personnel or equipment to actually service the area. This risks dilution of existing emergency services, which violates Local Government Code Section 43.056(f)(3) ("a service plan may not provide services in the area in a manner that would have the effect of reducing... the level of fire and police protection and emergency medical services provided" to the rest of the city). 3. The plan provides that "no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (21/2) years after the effective date of the annexation." This violates Local Government Code Section 43.056(b)s requirement that "full municipal services" be extended to the annexed area within 21/2 years of the annexation. As such, the service plan fails to show how the City purports to fund and provide full municipal services to the JNC Property within 21/2 years of annexation. The City's apparent intent is demonstrated by the service plans content: immediate City control over zoning and code enforcement and the absence of meaningful discussion of the City's obligations to timely provide full municipal services We respectfully request that the City deliver a well-reasoned, thoughtful and economically viable service plan that complies with statutory requirements, not a one- size fits-all, form service plan. 95=.014Z.929433.03 HUGHES, WCE LLP ATTORNEYS AND COUNSELORS City of Denton October 4, 2005 Page 4 INC Partners Denton, LLC Wishes to Work Cooperatively With the Ci JNC Partners Denton, LLC, intends to work with, not against, the City of Denton. I highlight the issues in this letter not to offend the City Council or the City staff, but to focus your attention on the very serious circumstances my client and your citizens are facing. The City's actions to date may force us to take measures to protect the JNC Property from an unlawful annexation. Our hope is to, instead, amicably resolve this matter. There is a way to remedy the situation: add the JNC Property to a three-year annexation plan, deliver a proper, sensible service plan and otherwise comply with the requirements of State law. Thank you for your prompt attention to this matter. Respectfully, 114V Misty V~n ra cc: City of Denton City Secretary Attorney General Greg Abbott Senator Craig Estes i 952000.01423:929433.03