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Home My WebLink AboutOctober 17, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL October 17, 2006 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 17, 2006 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, hold a discussion and give staff direction regarding a proposed multi- modal station and potential transit oriented development in Downtown Denton. (approximately 1 hour 30 minutes) 2. Receive a report hold a discussion and give staff direction on an ordinance amending the Denton Development Code Subchapter 7 to create a new section for Master Planned Community (MPC) Districts. (DCA06-00005) (approximately 30 minutes) 3. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of October 17, 2006. (approximately 10 minutes) NOTE: 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, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. However, the Council reserves the right to take action at the meeting regarding any item on the agenda. Regular Meeting of the City of Denton City Council on Tuesday, October 17, 2006 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. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. October Yard-of-the-Month Awards 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. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - D). This listing is provided on the Consent Agenda to City of Denton City Council Agenda October 17, 2006 Page 2 allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - D 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 accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3558 - Annual Contract for Sand, Soil, Aggregate and Lime awarded to the lowest responsible bidder for each item in the annual estimated amount of $2,000,000). B. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Piano under Section 271.102 of the Local Government Code, for the purchase of irrigation equipment; providing for the expenditure of funds therefor; and providing an effective date (File 3607 - Interlocal Agreement for Irrigation Equipment with the City of Piano, contract awarded to Interspec, LLC in the estimated amount of$205,610). C. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of seventeen police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 3609 - Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $359,028.95). D. Consider approval of the minutes of: September 12, 2006 September 19,2006 September 26, 2006 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of Cross Timbers Park for the purpose of oil and gas non- drilling/pooling agreement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). B. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 5.61 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The property is generally located west of State School Road, north of the Oakmont II subdivision, and east of the Denton State School. (206-0020, Muir Addition) The Planning and Zoning Commission recommends approval (5-0). City of Denton City Council Agenda October 17, 2006 Page 3 C. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 2.0 acres of land from a Regional Center Commercial Neighborhood (RCC-N) zoning district to Regional Center Commercial Downtown (RCC-D) zoning district. The property is located on the west side of I-35N north of Schuyler Drive. (206-0003, 1-35 RV Center) The Planning and Zoning Commission recommends denial (4-1). NOTE: A SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. D. Hold a public hearing and consider adoption of an ordinance amending the Denton Development Code amending Subchapter 7 to create a new section for Master Planned Community (MPC) Districts. (DCA06-00005) The Planning and Zoning Commission recommends approval (5-0). E. Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property is generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas. (A 06-0002, Corinth Substation Annexation) F. Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 33 acres. The property to be annexed is generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally described as Lot 2 of the Marriott Garden Addition. (Lot 2 of the Marriott Garden Addition Annexation, A06-0004) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nominations/appointments to the City's Boards and Commissions. B. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Robert Donnelly regarding development problems. B. Bob Clifton regarding city business. C. Carolyn Phillips regarding certified and qualified Black firefighter candidate rejection. D. Jordan Hudspeth regarding concerns of Southeast Denton. E. Lanisha Hudspeth regarding concerns of Southeast Denton. F. Hagar Hudspeth regarding concerns of Southeast Denton. G. Willie Hudspeth regarding concerns of Southeast Denton. H. Larry Luce regarding code enforcement - trash in driveways and beside houses, cars in yards. C. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. City of Denton City Council Agenda October 17, 2006 Page 4 D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. 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 ,2006 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 17,2006 DEPARTMENT: Economic Development ICM: Howard Martin, 349-8232 .. SUBJECT Receive a report, hold a discussion and give staff direction regarding a proposed multimodal station and potential transit oriented development in Downtown Denton. BACKGROUND Representatives from URS, transit and transportation planning consultants for the Denton County Transit Authority (DCTA) and DCTA staff will present information on transit oriented developments (TODs). In addition, Paris Rutherford, President & CEO, Woodmont Companies (previously with RTKL Associates), will be present to provide input. Representatives from the following local stak:eholders have been invited to attend this work:shop, and after the presentation will be ask:ed to provide Council feedback:: . Economic Development Partnership Board . Downtown Task: Force Members . Historic Landmark: Commission . Greater Denton Arts Council . Main Street Association Board The multimodal station is a k:ey project among others being planned for our Downtown. In addition to the multimodal station, there are the Wells Fargo Catalyst Project, CIP streetscape improvements, and, if funded, the Hick:ory Street Arts Walk: improvements. Combined, these projects will change the face of Downtown. They will generate a tremendous amount of new traffic (pedestrian, bus, bik:e and auto), increase the number of residential units, and provide much needed improvements to the streets and sidewalk:s. The potential for a major transit oriented development around the multimodal center is great. History: 2003 . May 2003: TIP Strategies, economic development consultants, included Downtown as a k:ey focus area for the Economic Development Partnership (EDP) in their strategic plan. . June 2003: City Council adopted the Downtown Master Plan, which defined challenges and identified opportunities in Denton's Downtown. The plan was - 1 - developed by urban planner, John Fregonese. The plan included a proposed site for a Downtown transit center. . September 2003: The EDP Board was established by City Council. The DCT A election established DCT A and approved a lh cent sales tax as a revenue source in the Denton County cities of Denton, Highland Village and Lewisville. . October 2003: The Downtown Task: Force was established by the EDPB and held their first official meeting. 2004 . December 2004: Congressional Federal Register announced a $3.1 million Congressional earmark: for Downtown Denton Multimodal Transit Station. Funds are restricted to bus transportation and cannot be used for rail transit purposes. 2005 . February 2005: City Council hired Paris Rutherford ofRTKL to identify specific and mark:etable catalyst projects that would have a significant impact on the redevelopment of Downtown. The Downtown TOD was one of five projects presented by RTKL. Bond Election for 2005-2009 Capital Improvement Projects provided $1.4 million for the development of a Downtown Denton multimodal station in FY 2006. . May 2005: DCT A selected the former MKT corridor as the locally preferred alternative (LP A) as the route to provide commuter rail service between Denton, Highland Village, Lewisville and the DART system. 2006 . February 2006: DCTA initiated station site selection and public meeting process as part of the required Draft Environmental Impact Study. The City embark:ed on a TOD planning program including a series of neighborhood meetings, resulting in a draft TOD ordinance. . March 2006: City Council approved application for Statewide Transportation Enhancement Project (STEP) grants. Two Downtown projects rank:ed in the top ten for Statewide Transportation Enhancement Project funds - the Hick:ory Street Arts Corridor ($1,556,505) and the Downtown Transit Station ($1,135,110). The projects would provide pedestrian, bicycle and auto access to the transit station. Final approval by TxDOT anticipated in early 2007. Funds for these two grants require a 20% local match. . June 2006: Council adopted ordinance for Sustainable Development funds for the Wells Fargo Catalyst Project - $2 million in funding through the North Central - 2 - Texas Council of Governments (NCTCOG). The money is available in October 2006. . July 2006: The Mobility Committee endorsed the Downtown Station location as proposed by DCT A. . September 2006: DCTA finalized locations for the proposed Denton stations. ESTIMATED SCHEDULE OF PROJECT The Draft TOD Ordinance public meetings have been held. The draft can be finalized and the Planning and Zoning Commission can begin the review process in December 2006. The FT A has indicated that an application for utilization of the funds should be submitted no later than June 2007 and programmed by September 30,2007. DCTA reports their final public meetings are scheduled for November 2006. PRIOR ACTION/REVIEW November 2005, City Council gave staff direction on preferred rail platform location for the Downtown Station. DCT A initiated an extensive public involvement process as required to sufficiently support the technical recommendations for station and facility locations. Included in this effort have been the continuation and utilization of the Technical Advisory Group (TAG) as well as the Citizens Advisory Group (CAG). In addition, DCTA has held several community roundtables. FISCAL INFORMATION The purpose for this City Council work:shop is to provide new information and to receive direction. If directed to provide further research on alternative sites for the multimodal site, staff will return with cost and potential revenue projections. Funds identified at this time that may be available for this project: Federal earmark: funds $3,100,000 CIP funds $1,400,000 Transit STEP grant (if awarded) $1,135,000 Hick:ory Street/Arts Walk: grant (if awarded) $1,556,505 - 3 - EXHIBITS 1. Proposed Station Sites 2. Map of Properties Near Proposed Station 3. Coughlin Associates Presentation Slides 4. Townscape, Inc. Presentation Slides Respectfully submitted: Linda Ratliff, Director Economic Development Department - 4 - ~ ~ .~ ~ .~ ~ ~ ~ ~ ~ t~ 0111 ...1::l o.C ~g 0)J:l ~f: Co. ~[ ~~ ~~ ~~ 1::lCll Q)Q) J:C 0)= ~~ I~ c Q,) ~ ('il Q. Q,) C c Q,) E E .2 0 8 Q,) N C > <0 0 Q,) '" +' C 0 c ~ ("'f") ~ .~ ~ .~ ~ ~ ~ ~ ~ ~ ~ -.- . I ~ : ~: ~ !: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 7 ~ :E :E >< ~ AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2006 DEP ARTMENT: Planning and Development .. ICM: Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion and give staff direction on an ordinance amending the Denton Development Code Subchapter 7 to create a new section for Master Planned Community (MPC) Districts. (DCA06-0005) BACKGROUND In January 2006, the Council discussed, in concept, using a master planned community ordinance to address land uses, zoning and other regulations for the several large planned communities that are in the pipeline, namely: Cole Ranch, Hillview (Rayzor) and Hunter Ranch. The Planning and Zoning Commission has held a number of work sessions in crafting this ordinance. In addition, the Council's Denton Development Code Committee (DDCC) has discussed the ordinance. Potential major users of this ordinance have been given the opportunity to discuss this ordinance with staff and the Planning and Zoning Commission. The Planning and Zoning Commission will consider this item at its October 11, 2006 public hearing. This item in on the Council public hearing agenda of October 17, 2006. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Work Session: February 7, 2006 DDCC: June 29, 2006. Planning and Zoning Commission Work Sessions: February 8,2006, May 10,2006, July 12,2006, July 26,2006, August 2,2006, August 23,2006, September 6,2006, September 13,2006 and September 30, 2006 EXHIBITS 1. Applicability Map 2. MPC Criteria Manual Application Requirements 3. Ordinance Respectfully submitted, ~~~ Kelly Carpenter Planning and Development Director Master Planned Community (MPC) Minimum Land Areas City of Denton Planning and Development 221 N. Elm Street Denton, Texas 76201 (940) 349-8350 www.cityofdenton.com W*E S Legend Exhibit A COD - Streets ET J Lakes EXHIBIT 1 MPC Criteria Manual A. Each sheet of the MPC application documents shall contain the following: . Project or development name. The name shall not duplicate any names currently in use and the City will make any final decision. . Sheet number and title . North arrow . Graphic and numeric scale of drawing . Site location map . Contact information (name, mailing address, phone, fax, and email) for property owner, applicant, applicant's representative, engineer, architect, landscape architect, and any other relevant contact individuals. . Date boxes for initial submittal and subsequent revisions. B. The cover sheet for each MPC document shall contain the following (in addition to the information above): . Project area (acres or square feet) . Project description . Existing comprehensive plan designations . Existing land use . Index to plan sheets C. MPC Concepti Schematic:. The application for a MPC Concept Schematic shall be submitted in an acceptable format and contain the following information: 1. The signed and notarized application form with applicable fee. 2. A complete legal description for the property or properties for which the application is made. 3. The concept schematic in an electronic PDF format. 4. A narrative letter describing the project, including the anticipated date of construction, objectives of the development, vision statement for the development, and how the proposal meets one or more of the goals set forth at Section 35.7.13.1. 5. Existing property lines with dimensions. 6. Land use and zoning district designation for adjacent properties. 7. Proposed land uses, residential density calculations, commercial/industrial floor area ratios 8. Existing and proposed highways, arterials, and collector street systems. 9. Existing and proposed vehicle access points. 10. Existing rivers, creeks, streams, lakes, wetlands, flood plains, parks, trails, open space, upland habitat and other significant environmental features. 11. T opographicallines at a minimum of 10- foot intervals. Exhibit 2 12. Other information as requested by the Development Review Committee Chair. D. MPC Zoning Document. The MPC Zoning Document application shall be submitted with the following documents: 1. The signed and notarized application form with applicable fee. 2. A complete legal description for the property or properties for which the application is made. 3. A contract to purchase, or other documentation to be approved by the Planning and Development Department, which demonstrates that the applicant has a real property interest if applicant does not own the property. 4. The MPC Zoning document in an electronic PDF format. 5. A preliminary drainage report and preliminary drainage plan. 6. A traffic study 7. The MPC Zoning Map Document on an eighteen- (18) inch by twenty - four (24) inch sheet format. The MPC Zoning Document will consist of multiple pages in the following format (in addition to the information required above): 9. Mapped items and tables a. Vicinity map at an appropriate scale showing all roadways (by name) within one (1) mile from the peripheral boundaries of the property b. Signature block. c. North arrow and scale (written and graphic) on all sheets. Must be of a suitable scale to be determined by the Department of Community Planning and Development Services. If it is not possible to contain the entire development on the first sheet at this scale, then the first sheet must contain a smaller scale composite drawing that shows the entire development with match lines and designated sheet numbers. d. Locations of all existing and platted streets (within or in the vicinity of the proposed development). e. Locations of all existing facilities within or in the vicinity of the proposed development (easements; irrigation ditches; flood plains and natural drainage courses, with high-water lines indicated; parks; storm and sanitary sewers; water mains; culverts, or other underground facilities; existing buildings to remain; wooded areas; and other significant natural features. If the adjacent lands surrounding the property are undeveloped and no plans have been approved or are in progress for those lands, then the existing conditions map on adjacent property (with the exception of mapping needed to analyze infrastructure and open space) is not required. f. Locations proposed for collector or arterial streets within or in the vicinity of the proposed development. g. Locations of proposed storm detention and/or retention facilities-,- and maior water and wastewater facilities. h. Land use, total acres, and development density indicated within each area. 1. Topographic features at two-foot contours. k. Existing or proposed rivers, creeks, streams, lakes, wetlands, flood plains, parks, open space upland habitat, trail corridors, and other significant environmental features. E. Develovment Standards Document. The MPC Development Standards include the following: 1. Required Information a. Pre-application meeting scheduled between applicant and City to determine exact requirements and processes to take place. b. Applicant submits copies of the MPC Permit application requirements and fees to the Department of Planning and Development Services. The application is reviewed for completeness and sent out for review and referral to Development Review Committee and outside agencies. c. Review by Development Review Committee and comment letter sent back to applicant with questions or corrections. d. Subsequent reviews/resubmittals may be required depending on the questions and comments that arise. e. Approval by the Planning and Zoning Commission after all comments and issues have been addressed. f. After the Development Review Committee approves the MPC Permit, the applicant may apply for a building permit issued through the building department. The building permit may not be issued until the Planning and Zoning Commission approves the final plat. 2. MPC Development Standards Requirements: a. The signed and notarized application with the applicable fee. b. A complete legal description for the property or properties for which the application is made. c. The amended Traffic Study (if required). d. Amended water, wastewater and drainage studies, ifrequired. e. A development plan for each subdivided lot. f. The landscape plans including tree preservation where required. 3. Design standards that will govern the orientation and design of buildings and other improvements, which include but are not limited to the following: a. Architecture, including design standards and building materials for buildings, fences, walls, and other structures, buffering, fencing, etc. The regulations of subschapter 13 shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. i. Signs b. Narrative description and/or graphic plan that details landscape standards for parks, open space systems, and public-right-of-way. Include general information as to how buffering will be achieved (i.e. fence, vegetation, berm, wall, etc.). c. Street cross-section design, by classification, for all streets. d. All existing and proposed provisions for pedestrian circulation including sidewalks, walkways, crosswalks, trails, pedestrian plazas, and other amenities. e. Identification of any alternative pavement treatments, streetscape furniture, art or other amenities associated with plazas, trails, sidewalks, roadways, etc. if applicable. f. Bicycle parking facilities, including specifications. g. The following information is required for all proposed deviations from the provisions of subchapters 16-22 of the Denton Development Code or other applicable regulations. The regulations shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. F. If any part of the application request requires an amendment of the Denton Plan, the applicant shall submit an application to amend the Denton Plan or Mobility Plan prior to or simultaneously with the application for a MPC District. Denton Plan amendments which are required to enable an MPC District submittal are exempted from the application requirements set forth in Section 35.3.3.C.2. S :\Our Docu men ts\Ordinan ces\O 6\DCAO 6-0005. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.7 AND 35.23 OF THE DENTON DEVELOPMENT CODE PERTAINING TO MASTER PLANNED COMMUNITIES; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTNE DATE. (DCA06-0005) WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, after providing notice and after conducting public hearings as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapter 35.7 and 35.23 of the Development Code, pertaining to master planned community districts; and WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the changes to the Development Code are consistent with the Comprehensive Plan, and are in the public interest; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true~ SECTION 2. Subchapter 35.7 and 35.23 of the Development Code are hereby amended in part, as particularly described in Exhibit A, attached hereto and made part hereofby reference. All other provisions of Subchapter 35.7 and 35~23 not specifically changed by this amendment shall remain in full force and effect. 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. If any section, subsection, paragraph, sentence, plrrase or word in this ordinance, or the application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. 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. Exhibit 3 PASSED AND APPROVED this the ~ day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN ~R . ITY ATTORNE PAGE 2 , 2006. PERRY McNEILL, MAYOR Exhibit A Subchapter 7. (35.7.13.) Development Code 35.7.13 Master Planned Community (MPC) District 35.7.13.1 Purpose The Master Planned Community (MPC) District is intended to accommodate large- scale, unified, comprehensively planned development that conforms with and enhances the goals and policies contained within the Denton Plan. This district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional zoning districts so that the following goals may be achieved: A. To enhance the City's development and to promote the public health, safety, and general welfare. B. To provide within such areas a combination of land uses, which may include a variety of residential types, commercial, industrial, public and semi- public areas, arranged and designed in accordance with sound site planning principles and development techniques; and in such a manner as to be properly related to each other, the immediate surrounding area, the planned mobility system, and other public facilities such as water and sewer systems, parks, schools and utilities. c. To encourage a more creative approach in the utilization of land in order to accomplish an efficient, aesthetic, and desirable development which may be characterized by special features of the geography, topography, size or shape of a particular property and to accomplish a more economical and efficient use of land. D. To encourage the establishment of planning and development standards and criteria tailored to the opportunities and constraints of the property while allowing sufficient flexibility to permit final detailed planning and the precise distribution of the approved density, and intensity of the project at the time of plat application or site plan submittal. .' E. To provide assurance to the land developer and to the city that the proposed development may be planned and carried out in one or more phases over an extended period of time, in accordance with an approved MPC Zoning Document and MPC Development Standards Document.. F. To assure that a Master Planned Community is developed in accordance with a MPC Zoning Document. The MPC Zoning Document shall be designed to further the goals established by the Denton Plan, provide development standards promoting an appropriate balance of land uses and design, and 7-45 Subchapter 7. (35.7.13.) Development Code promote the planning of public; facilities designed to serve the projected population. 35.7.13.2 General Provisions A. Furtherance of the Denton Plan. The content of the MPC district shall further the goals of the Denton Plan. B. Location of MPC District. MPC districts may be established on parcels of land, which, because of their ownership, size, topography, or exceptional or unusual locations, are suitable for planned development in a manner consistent with the purposes of this section. c. Minimum MPC District Area/ 1. The minimum area required for a master planned community district is three hundred (300) contiguous acres herd under single ownership at the time of application submittal for land areas shown on Exhibit A and 125 acres in all other locations. . 2. Areas within rights-of way may be included in the computation of the minimum three hundred (300) acres and the 125 acres. D. Zoning and Development Standards.. The zoning standards, such as use, density, lot coverage, building height and the like, shall be addressed in the MPC Zoning Document.. The design ~nd public improvement standards, such as architectural standards, buffers, parking locationl street length, and the like, shall be addressed in the MPC Development Standards Document. The Development Standards to be required may represent the entirety of the standards in the Denton Development Code, or a portion thereof. The DRC, Planning and Zoning Commission or the City Council may require applicant to submit the MPC Zoning Document and the MPC Development Standards Document as one concurren' submittal, when any of those bodie~ finds that the health, safety or public welfare of the residents of the City of Dento,n are compromised without such a concurrent submittal. In that event, the DRC, Planning and Zoning Commission and the City Council shall consider the MPC Zoning Document and the MPC Development Standards Document as one case and at the same time. The applicant may appeal the Committee's decision to the Commission and the Commission's decision to the City Council. 1. The proposed MPC District shall comply with the Denton Development Code, except where modifications are expressly authorized through the MPC Zoning Document, the MPC Oevelopment Standards Document and in the MPC Development Plan Map. 7-46 Subchapter 7. (35.7.13.) Development Code 2. The proposed MPC District shall comply with the design standards and subdivision regulations (Subchapters 13, 14, and 16 - 22 of the Denton Development Code) and other adopted policies, codes and ordinances of general applicability, except where modifications are expressly authorized through an approved MPC ,Zoning Document, the MPC Development Standards Document and the MPC Development Plan Map. 3. Specific Use Permit. Any use may be established as a specific use in any specific development unit within a proposed MPC district, provided such use shall be specifically incorporated as a specific use subject to the provisions of Section 35.6, and shall be located and conducted in accordance with the approved Development Plan, and other applicable regulations. A separate specific use permit is therefore not required if the specific use is so incorporated into the Development Plan. If a subsequent development application proposes a use that is not contemplated by the MPC Development Plan or the Zoning Document, then applicant may seek to amend the MPC Zoning Document or apply for a special use permit. 4. Alternative Development Plan. The proposed MPC District may incorporate standards for development in its MPC Development Standards Document that would otherwise be processed as an Alternative Development Plan for ESA, for Tree Preservation, or for other deviations from Chapter 13 of the Denton Development Code~ A separate alternative development plan is therefo~e not required if such standards are so incorporated into the Development Plan. If a subsequent development application proposes a development standard that is not contemplated by the MPC Development Plan or the Development Standards Document, then applicant may seek to amend the MPC Development Standards Document or apply for an alternative development plan. 35.7.13.3 Application Requirements , The MPC Zoning Document (including Development Plan Map) and the MPC Development Standards Document shall, as approved by the City Council, become a part of the applicable development regulations in the Denton Development Code within the respective MPC District. Subsequent changes to the MPC documents and map shall be made in accordance with Section 35.3.4 with the exceptions set forth in Section 35. 7 ~ 13.8 (minor amendments). A. The application shall describe the purpose, nature and characteristics of the proposed MPC district including, but not limited to, the proposed development unit use or uses to be conducted in the district in a manner sufficient to enable preparation and consideration of regulations governing permitted and specific uses, site u,se and other development regulations which 7-47 Subchapter 7. (35~7.13.) Development Code may be appropriate to govern development, use, and maintenance of the sites included within the MPC district. The application may be in three stages as set forth below: 1.. Conceptual/Schematic ~ Phase: A conceptual/schematic plan submittal to be reviewed by. the Development Review Committee prior to the submittal of MPC Zoning- Document and MPC Development Standards Document. The MPC Concept Schematic is designed to aid the Developer and the City in preparing a complete MPC Zoning Document and MPC Development Standards Document application.. The MPC Concept Schematic may be referred by the Chair of the ORe to the Planning and Zoning Commission and/or the City Council for review and comment but typically, these are reviewed and approved by the ORe. 2. MPC Zoning Document. An application and development plan to be reviewed by the Development Review Committee and Planning and Zoning Commission, whose recommendations are forwarded to the City Council for review and approval. The MPC Zoning Document establishes zoning - standards for a Master Planned Community and typically addresses land uses, densities, setbacks, building heights, lot coverage and specifically identifies where there are deviations from the adopted Denton Development Code. The MPC Zoning Document shall include a Development Plan Map. 3. MPC Development Standards Document. A detailed set of development standards that are reviewed by the Development Review Committee and recommend~d for approval by the Development Review Committee Chair, the Planning and Zoning Commission and approved by the Denton City Council. The MPC Development Standards Document sets forth the developers proposal for and confirms compliance with the Denton Development Code ;Chapters 13 through 22 and/or identifies the alternative development standards associated with the content of each of those Chapters of the Development Code. An application for a MPC Development Standards Document may be submitted for approval concurrently with the MPC Zoning Document and shall be required to be submitted with the MPC ZOfling Document when meeting the conditions set forth in 35~ 7.13.2. D. B. All MPC applications, [Conceptual Schematic, Zoning Document (including the Development Plan map), and the Development Standards Document] shall contain the information set forth in the City of Denton Criteria Manual. C. Where the applicant is proposing deviations from the zoning provisions of the Denton Development Code, applicant shall specify both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed MPC district shall represent a quality development when weighed overall against 7-48 Subchapter 7. (35.7.13.) Development Code the standards in the Denton Development Code or the alternative regulations proposed by the applicant. ". 1. Development Standards 8. Maximum gross density b. Minimum lot area , c. Minimum lot width and frontage d. Minimum lot depth e. Minimum yards and building setbacks: Front (include arterials, collector, and local); side yard (include arterial, corners, and accessory structures) and rear yards f. Maximum building height (include primary and accessory structures) g. Parking and loading ~ h. Land uses allowed in each area listed in a land use schedule. This should include the fOllowing: permitted uses, uses by right, uses by special use permit, accessory uses, temporary uses and outdoor operation uses (including walk ups and drive throughs for all uses) i. Proposed parks, open areas, trails and school sites (if applicable). 2. A Cost Impact Analysis of the proposed public facilities and infrastructure, prepared by a competent person or firm with experience in the preparation of such studies. The study shall provide the specific detailed accounting of the financing structure for the development of required facilities for parks, law enforcement, fire protection, public services, municipal government, and other necessary governmental J services. The purpose of such a study is to provide the base line development data and costs that will assist the city and the developer in discussions concerning the provision and timing of utilities. 3. Phasing Schedule. The following schedule submitted with the application for a MPC District. shall including a schedule indicating, to the best of the applicanfs knowl~dge, the approximate timeframe in which construction or development is expected to begin, the duration of time required for completion of the development; and proposed phasing if the project will not be developed as one (1) unit, including a plan for the interim use and management of the ~ndeveloped phase or phases. Phasing shall reflect that multi-family development shall follow other land uses in the phasing; multi-family housing shall not be the first land use or the primary land use in any phase or unit of the proposed development. l 4. Review of phasing schedule: In cases where the build out schedule of the proposed project exceeds five (5) years, the detail for phases proposed for building beyond five years can be less than the detail provided for phases to be constructed in the first five years. For all phases proposed to be 7-49 Subchapter 7. (35.7.13.) Development Code constructed five or more years ~hence, then a five year, ten year, and 15 year review by the Council and the Planning and Zoning Commission shall take place on the Development Plan Map, the infrastructure studies as well the MPC Development Standards Document The Council may establish a review cycle for the project based on the complexity of the proposed project the length of the build out~. time and the types and costs of public infrastructure requirements. The outcome of the reviews set forth above may include an initiation by the Council of a major or a minor amendment to the approved MPC Zoning Document (including the Development Plan Map) and/or the Development Standards Document, and/or an initiation of rezoning. D. Development Standards Document.. The MPC Development Standard Document shall include the following: 1. Design standards that will govern the orientation and design of buildings and other improvements, which include but are not limited to the following: a. Architecture, including ~design standards and building materials for buildings, fences, walls, and other structures, buffering, fencing, etc. The regulations of subchapter: 13 shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed MPC district should represent a quality development when_weighed overall against the standards in the Denton Development Code or th~e alternative regulations proposed by the. applicant. ' b. Signs c. Narrative description and/or graphic plan that details landscape standards for parks, open space systems, and public-right-of-way. Include general information as to how buffering will be achieved (i..e. fence, vegetation, berm, wall, etc.).. d~ Street cross-section design, by classification, for all streets where alternatives are proposed. ' e. All existing and proposed provisions for pedestrian circulation including sidewalks, walkw~ys, crosswalks, trails, pedestrian plazas, and other amenities. < f. Identification of any a.lternative pavement treatments, streetscape furniture, art or other amen.ities associated with plazas, trails, sidewalks, roadways, etc. if applicable.~ g.. Bicycle parking facilities, including specifications. 2. The fol/owing information is ..required for all proposed deviations from the provisions of subchapters 16-22 of the Denton Development Code or other applicable regulations. The regulations shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed MPC district should represent a quality development 7-50 Subchapter 7. (35.7.13.) Development Code when weighed overall against th"e standards in the Denton Development Code or the alternative regulations proposed by the applicant. 35. 7.13.4 Application Procedures A. The applicant is required to meet with the ORe prior to making an application for a MPC conceptual schematic to discuss the development concept, the review and approval process, and the submittal requirements. The applicant is required to make a pre-application with the City prior to filing an application for such MPC zoning document and for the development standards document, whether filed separately or together. B. If the application request requires an amendment of the Denton Plan, the applicant shall submit an application to' amend the Denton Plan or Mobility Plan prior to or simultaneously with the application for a MPC District. Denton Plan amendments which are required to ellable an MPC District submittal are exempted from the application constraints set fo~h in Section 35.3.3.C.2. 35.7.13.5 Adoption Of A Master Planned Community District A. The Master planned community District shall be adopted in accordance with procedures set forth in Section 35~3.4". The Planning and Zoning Commission and Council shall consider the MPC zoning document as the application along with any amendments to the Denton Plan and/or the Mobility Plan. B. At the time an MPC Zoning Document is approved by the City Council, it becomes an integral part of the Denton Development Code for that MPC zoning District established by the City on the property. All future development within the adopted MPC District shall thereaft~r be in conformity with the MPC Zoning Document for that property. 35.7.13.6 Findings Before approval or adoption of an application for a MPC Zoning Document, the Planning and Zoning Commission and the City Council shall find: A. That the development proposed furthers the goals of the Denton Plan~ B. In the case of proposed residen~ial development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding area. 7-51 Subchapter 7. (35.7.13.) Development Code c. That the provisions for public facilities such as schools, fire protection, law enforcement, waterl wastewater, streets, public services and parks, are adequate to serve the anticipated population within the MPC District. D. In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development will be appropriate in area, location and overall planning for the purpose intended. E. That the development is fiscally.sound, as demonstrated in the Cost Impact Analysis, and is consistent with adopted policies, infrastructure plans and applicable Capital Improvement Programs (CIP) and that the Development Plan sets forth the phasing and the plan for paying for the infrastructure and responsibilities for payment. 35.7.13.7 Future Development Upon adoption of the MPC District, the applicant may then proceed with the development of the property in accordance with the "MPC Zoning Document" and, the "MPC Development Standards Document'~ by applying for a preliminary and final plat(s) approval in accordance with the phasing p.lan in the MPC District. 35.7.13.8 Amendments To An Approved MPC Zoning Document or MPC Development Standards Document A. Applicant or its successors may request amendments to the MPC Zoning Document and or MPC Development.. Standards Document. Amendments to the approved MPC documents shall be delineated as major or minor amendments, according to the criteria set forth herein. Amendments to the approved MPC documents will not affect development units not included in the proposed amendment. B. Upon receipt of an amendment application, the DRe Chair shall determine if the proposed amendment constitutes a major or minor amendment. c. Major Amendments. If the ORe Chair determines the amendment to be a major, the amendment request shall be processed under the Zoning Amendment procedure (35.3.4 ). D. An amendment will be deemed major if it involves anyone of the following: 1. A change in the overall MPC' District Boundary; or 2. A significant change to the approximate boundary of one or more IIdevelopment unit(s)1I from that approved in the MPC District, as determined by 7-52 Subchapter 7. (35.7.13.) Development Code the ORe Chair. A change to an individual development unit generally shall be deemed to be significant if it represents a ten percent (10%) increase to the approximate gross area of the development unit as approved in the MPC District; or 3. An increase of ten percent: (10%) or more of the approved number of projected dwelling units or gross leasable area (GLA) for an individual development unit; or 4. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the DRe; or 6. Any change in land use or density that is likely to negatively impact or burden mobility adjacent to the MPC District or to the overall major street system as determined by the ORe; or 7. Any other proposed change to the uDevelopment Plan" which substantively alters one or more components of the MPC District, as determined by the DRe Chair. E. Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection (D) shall be considered minor. If the ORe Chair determines the amendment to be minor, the ORe Chair may administratively act on the amendment and attach stipulations or conditions of approval thereto, to protect the public health, safety and welfare. 1. At least fifteen (15) days prior to consideration of a requested Minor Amendment by the ORe, notice of the proposed minor amendment shall be mailed to each owner of property wholly or partly within two hundred (200) feet of the affected development unit(s) to Which the amendment relates. 2. If written protest to any minor amendment is received from any notified property owner within ten (10) days of the notification mailing date and such protest cannot be resolved, then th~ Minor Amendment shall be reclassified as a Major Amendment. No additional application shall be required, however, all provisions governing Major Amendments shall then apply. 3. If written protest is not received as described above, the ORe Chair shall render a decision on the minor amendment request.. The ORe decision shall be final unless appealed to the Planning and Zoning Commission under Section 35.3.7.D. 7-53 Subchapter 7. (35.7.13.) Development Code 35.7.13.9 Administrative Decision Appeals A. The applicant or a property owner within two hundred feet may appeal an action or decision by the ORe Chair on minor amendments to the Planning and Zoning Commission within seven (7) days from the date of the ORe's decision, pursuant to section 35.3.7.0. 1. Appeals shall be in writing on a form provided by the Planning and Development Department and shall include only the specific items being appealed. 35.7.13.10 Appeals concerning size of an MPC A. An applicant may appeal to the Planning Commission and then to Council if the land area to be proposed for MPC does not meet the minimum size requirements in Section 35. 7 .13.2.C of this Subchapte~ when the applicant can demonstrate that: 1. The development is unique and ,requires MPC in order to be developed 2. Is not a single use 35.7.13.11 Administration And Enforc~ment A. While ownership of a project may subsequently be transferred (in whole or in part), MPC zoning will continue to be implemented and maintained on the total acreage of the MPC Zoning project. It is the responsibility of the owner to notify all prospective purchasers of the existence of the MPC District and the MPC uDevelopment Plan".. B. In the event that the applicant has f~iled to comply with the conditions adopted by the City Council in conjunction with t~e approved MPC zoning document, the City may proceed in accordance with Section 35.1.10 7-54 Subchapter 23 Development Code 35.23.2 Definitions [Note - these are to be added to existing] Development Unit: An approximate "subarea" within a specifically defined MPC boundary-containing singular or multiple designated land use and zoning classifications~ Multiple classifications or mixed-use classifications may be permitted in the MPC District in conformance with the Denton Plan. A development unit in text or table format is the same area as referenced on a map but describes the area in more specific detail. The City Council may approve a particular definition of "subareall or "development unit" for any individual MPC District. Standards Report: Consists of a narrative report, existing conditions map and background information describing the characteristics, components and timing of the proposed MPC District by development unit(s). The Standards Report includes a development unit matrix describing density, projected employment, intended FAR's, zoning districts and applicable development standards. The Standards Report also includes a matrix describing how the developer proposes to comply with the site design standards contained in Subchapter 13 of the Denton Development Code. It will describe for example, where the developer proposes to comply with the requirements to park behind or beside buildings and to identify alternatives where an alternative is proposed. Development Plan: Is a plan, organized, by development unit, demonstrating how the Standards Report will be implemented.. The Development Plan will illustrate the proposal's relationship and conformity with adjacent land uses, Mobility systems and the provision of utilities and other public services.. Development Plan Map: A map at an ~ppropriate scale included in an MPC zoning document that sets forth on the property a~1 the proposed land uses in a zoning category format (e.g., NR.3, ReC, etc., or equivalent), identifies site access, connectivity, and general public improvements (such as parks, open space, trails, but not limited to these), a table showing all the land uses, ~ including the total acreage of each proposed land use, the land use and acreage by parcel, and the total acreage of the project. The map shall also show boundaries reflecting the phasing plan. 23- ?? AGENDA INFORMATION SHEET AGENDA DATE: October 17,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3558-Annual Contract for Sand, Soil, Aggregate and Lime awarded to the lowest responsible bidder for each item in the annual estimated amount of $2,000,000). BID INFORMATION This bid is for the annual supply of soil, sand, lime and aggregate utilized by various City departments in the maintenance and new construction of streets, utility lines, street cuts and backfilling operations. These materials are ordered on an as needed basis. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder for each item as listed on Exhibit A of the ordinance for an estimated annual amount of $2,000,000. PRINCIPAL PLACE OF BUSINESS Anchor Sports 1 Inc. Richardson, TX Big City Crushed Concrete LP Dallas, TX Chemical Lime Hurst, TX BWI Companies, Inc. Carroll ton, TX Frank Bartel Transportation/B&B Sand Aubrey, TX Hickory Creek Hauler s Denton, TX Living Earth Technology Dallas, TX Martin Marietta Materials Lewisville, TX Red River Sand Denison, TX Tim Beatty Builders Denton, TX Items 7,9,23 and 23A will not be awarded at this time since no bids were received for this item. The only bidders on Items 24, Red River Sand, and 24a, Tim Beaty Builders, provided sample materials that did not meet specification; therefore these items will not be awarded. Agenda Information Sheet October 17, 2006 Page 2 ESTIMATED SCHEDULE OF PROJECT This is an annual agreement with an option to renew for an additional year if agreed upon by both parties. FISCAL INFORMATION Funding for each individual order will come from the appropriate budget or bond account of the using department. 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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SOIL, SAND, AGGREGATE AND LIME FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3558-ANNUAL CONTRACT FOR SAND, SOIL, AGGREGATE AND LIME AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $2,000,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO 3558 3558 3558 1,2,20,33 21,22 la,2a,3a,4a,9a 20a,33a 35,36 5, 5a, 6, 6a, 10, 10a, 12,12a,13, 13a, 14, 14a 15,16, 17,34, 34a 3,4,18,19 8, 8a, 11, 11 a 7a 25, 26, 27, 27a 28, 29, 29a, 30, 30a, 31, 31a, 32, 32a 3558 3558 3558 3558 3558 3558 3558 VENDOR AMOUNT Red River Sand Anchor Sports 1 Inc. Tim Beaty Builders Exhibit A Exhibit A Exhibit A Chemical Lime Ltd. Martin Marietta Materials Exhibit A Exhibit A Frank Bartel/B & B Sand Big City Crushed Concrete Hickory Creek Haulers BWI Companies, Inc. Living Earth Technology Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A SECTION 2. City Council finds that the factual recitations are true, and that the bids submitted for Items 24 and 24a by Red River Sand and Tim Beaty Builders did not meet specifications and are therefore rejected. SECTION 3. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items, and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. 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I en AGENDA INFORMATION SHEET AGENDA DATE: October 17,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 ACM: Jon Fortune . SUBJECT An Ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Piano under Section 271.102 of the Local Government Code, for the purchase of irrigation equipment; providing for the expenditure of funds therefore; and providing an effective date (File 3607-Interlocal Agreement for Irrigation Equipment with the City of Piano, contract awarded to Interspec, LLC in the estimated amount of$205,610). FILE INFORMATION This centralized irrigation and light control system will replace the existing irrigation and light control systems at 38 sites throughout the City. The computerized system will enable staff to control and monitor lighting and irrigation systems from a centralized remote location. The irrigation portion of the system will assist the City to comply with the new water reduction ordinance. The flow meters installed with this system will automatically shut off a zone if a valve sticks open or if a broken line or broken head is present, thus reducing water loss and overtime call-outs. The system will identify the location of leaks, broken heads, and problem areas. The new equipment also allows remote adjustments to the irrigation or light controllers as needed. In the event of rain or freezing temperatures, all irrigation systems can be turned off in minutes, via remote access, eliminating the need for staff to drive throughout the City manually shutting off systems. This system will also page staff when there is unauthorized use of athletic field lights, allowing the capture of previously lost revenues. It will also provide real time tracking of water and electricity usage enabling staff to monitor usage on a daily basis to assist in meeting required reductions in the event of drought restrictions. On December 13, 2004, the City of Piano's Council awarded a competitive bid for Irrigation Controllers. The contract was renewed on December 15, 2005. The prices received are very competitive and the equipment bid matches our existing needs. Section 271.102 of the Local Government Code of the Texas General Code provides that Local Governments may agree to purchase goods and services through Interlocal Agreements. RECOMMENDATION Award to Interspec, LLC in the estimated amount of$205,610. Agenda Information Sheet Octoberl7,2006 Page 2 PRINCIPAL PLACE OF BUSINESS Interspec, LLC Oak Point, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the equipment can be made within 6-8 months of receipt of an order. FISCAL INFORMATION Funding for this item will be provided from account 402120.6512. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Initial Award of Contract from City of Piano Attachment 2: Renewal of Contract with City of Piano Attachment 3: Contract Price List Attachment 4: Denton Project Totals Attachment 1 P J ano City Counci I December 13~ 2004 Page 7 Resolution No. 2004-12-7(R): To approve the purchase of software and hardware maintenance for the PIano Public Library System for the Horizon System from Dynix, a sole source supp.lier of said services, in an amount not to exceed $63,000; authorizing the City Manager to take such action and execute such documents as necessary to effectuate tbe purchase approved herein; and providing an effective date. [Consent Agenda Item (M)] Resolution No. 2004-12-8(R): To approve the terms and conditions of an Economic Development Program Agreement by and between the City of PIano, Texas and Software Spectrum, Inc., a Delaware Corporation, to promote state and local economic development and to stimulate business .and commercial activity in the City and County; authorizing its execution by the City Manager; and providing an effective date~ [Consent Agenda Item (N)] Resolution No. 2004-12-9(R): To approve and authorize refunds of property tax overpayments; and providing an effective date. [Consent Agenda Item (0)] Resolution No. 2004-12-10(R): To approve the terms and conditions of a service agree.ment for MIR Centralized Irrigation Control Annllal Supply to Interspec, L~L.C~, the sole source vendor of such equipment and services; authorizing the City Manager to take such action and execute such documents as necessary to effectuate the agreement in an amount not to exceed $60,000 annually from the Park Field Services budget; and providing an effective date~ [Consent Agenda Item (P)] Resolution No. 2004..12-11(R): To approve the terms and conditions of a service agreement for MIR Centralized Irrigation Control System Upgrade to Interspec, L.L.C., . the sole source vendor of such equipment and services; authorizing the City Manager to take such action and exec.ute such documents as necessary to effectuate the agreement in an amount not to exceed $167,500 from the Technology Fund budget; and providing an effective date. [Consent Agenda ItelTI (Q)] Resoiution No. 2004-12-12(R): To approve amendment #1 to the Local Transportation Project Advance Funding Agreement between the State of Texas and the City of PIano for .Project CSJ: 0047-06-129, ramp improvement on US 75 froIn President George Bush Turnpike to Spring Creek Par10Nay; authorizing its execution by the City Manager; and providing an effective date.. [Consent Agenda Item (8)] Attachment 1 ellV of piano December 16, 2005 Interspec, L.L.C. Stephen Pittsinger 9810 Liberty Road Aubrey, TX 76227 Vendor Number: Contract Renewal Date: MIR CENTRALIZED IRRIGATION CONTROL ANNUAL SUPPLY CONTRACT 91191 03/03/2006 to 03/03/2007 RE: Contract No. C099-05 Dear Mr. Pittsinger: The City of PIano has decided to renew the above referenced contract. It is understood all terms and conditions will be held fInn during the contract period. U sing departments will order on an "as needed" basis utilizing "Contract Release Orders" (CRO's). Please note the invoice must reference the City of PIano eRa number. Please ackno~led e receipt of this letter and return the signed letter to the Purchasing Division within seve.ry · i If J llWiSh you may fax tj ,~. 9~~) q~ ~;6)~~6 attention Sharron Mason. ",/r~ _ (\j.,. I - Sign ture _ ~Date S\~~ \~<:: \'v \? l\-\ Sl v'"-l/c f<- Name OOt) / The City appreciates your excellent service and looks forward to a continued successful business relationship with your fIrm. If you have any further questions, please contact the Purchasing Division at (972) 941-7247~ Sincerely, SIJauon, JfndOlt Sharron Mason, Buyer City of PIano - Purchasing Division ._. ~t-~ ""~ .. Attachment 3 THIS BID FORM MUST BE THE LAST PAGES OF YOUR ORIGINAL BID AND COPYl City of Piano Option 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4Q MIR CENTRAL IRRIGATION CONTROL ANNUAL SUPPLY CONTRACT City Stk # 634..15-51 D-RN-SO 634-IS-52D-RN-SO 634-IS-S1A-RN-5S 634-IS-52A-RN-SS 634-IS-S3A-RN--SS 634-1 S-S4A-R N-SS 634-fS-C 1 A-RN-SS 634-1S-C2A-RN-SS 634-15-C3A...RN..sS 634-1S-C4A-RN-SS 634-fS...C1D-RN-SS 634-IS-C2D-RN-5S 634-1s-M 1 A- T8N-CN-5S 634-IS-M2A- T8N-cN-5S 634-IS-M3A- T8N-CN-SS 634-1s-M4A- T8N-CN-SS 634-IS-M5A- TBN-CN-SS 634-IS-F6936-DPSK 634-1S-IUU-UK 634-IS-XM-6936C3-0 634-IS-XM-6936C3-5 634-IS-XM-6936C3-10 634-IS-CPU... TI 634-1 S-F LN 3096 634-15-1508 634-I&PS2962 634-IS-FRN5935 634-IS-FLN6694 634-IS-FLN6715 634-IS-FUE1135 634-1S-FUF1168 634-1S-FLN2016 634-15-5000 634-1S-FRN5634 634-IS-FPN5534A 634-1 S...F LN6457 634-IS-FLN6458 634-1S-GDS215U2 634-IS-FLN61468 634-15- TRA4503P Bid Option Price List Vendor Stk "# 15-S1 D-RN-SO IS-S2D-RN..sO I S-S1 A-RN-SS I S-S2A...RN...SS IS-S3A~N-SS IS-S4A-RN-SS 1S-C1A-RN-SS IS-C2A-RN-5S IS-C3A-RN-SS 15-C4A-RN-SS IS-C1 D-RN--SS IS-CZQ...RN-55 I5-M1A-T8N-CN-SS IS-M2A-T8N-GN-SS 1S-M3A-T8N-CN-SS IS-M4A-T8N-CN-5S IS-MSA- T8N-CN-SS IS..F6936-DPSK 1S-IMtJ...UK 1s..XM-6936C3-0 IS-XM-6936C3-5 I5-XM-6936C3-10 IS-CPU- Tf I5-FlN3096 15-1508 IS-PS2962 I5-FRN5935 tS-FLN6694 fS-FLN6715 IS-FUE 1135 tS-FUF1168 Is-FLN2016 15-5000 I5-FRN5634 I S-FPN5534A t8-FlN6457 I5-FLN6458 1S-GDS215U2 r5-FLN67 468 IS-TRA4503P Item Description 8 Sta~ DC Scorpio 1 e Sta. DC Scorpio 8 Sta~ AC Scorpio 16 Sta~ AC Scorpio 24 Sta. AC Scorpio 32 Sta. AC Scorpio 12 Sta~ Irricom w/Radiot Pedestal w/Surge 24 Sta. Irricom wlRadio, Pedestal w/Surge 36 Sta. Irricom wlRadio, Pedestal w/Surge 48 Sta. Irricom" wfRadio~ Pedestal wJSurge 12 Sta. frricom wlRadio, Pedestal w/Solar 24 5t8. trricom wJRadio~ Pedestal w/Solar Jrrinet XM 16 Station trrinet XM 32 Station Irrinet XM 48 Station fmoet XM 64 Station Irrinet XM 80 Station XM CPU with Two Ports FlU Upgrade to v. 13XL XM Upgrade Imnet XM Upgrade Irrinet XM Upgrade fninet Cpu Trade In XM eMU Board Scorpio Stainless Cabinet Power Supply for Scorpio Scorpio Radio Interface Scorpio Logic Board Scorpio Transfonner 453 Mhz Radio Kit 806 Mhz Radio Kit Irrinet I/O Module Irrtnet Stainless Cabinet Irrinet Mother Board I ninet Transfonner RS 232 Cable MCS Data Port Adapter M"ldfand Radio Kit Maxtrac Radio Adapter UHF Antenna Unit Price $2J 645.00 $2t 848.00 $2j439.00 $2,767.00 $4,206.00 $4~534~OO $2,750.00 $3,300~OO $5, 170.00 $5, BOO, 00 $2i 860.00 $3r250.00 $9~446_0Q $10~424.00 $11.302.00 $12~515.00 $13s520.00 $2~890.00 $3.789.00 $3.250.00 $31088~OO $2,925~OO -$200.00 $360.00 $595.00 $153.00 $165~OO $460.00 $120.00 $1 j914.00 $2f330~OO $640.00 $1,284.00 $7 5.00 $270.00 $79.00 $158.00 $150.00 $35.00 $55.00 ,. ~~ 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 634-15- TRA8OB3 634-1 S-XLOAL 634--IS-XLPDA 634-IS-KT 634-IS-LABOR 634-t~PROG 634-IS-BM-15-AC 634-IS-BM-2O-AC 634--IS-BM-3O-AC 634..IS-SM-40..AC 634-lS-BM-6Q-AC 634-IS-BM-8D-AC 634-IS-BM-15-DC 634-IS..aM-2o-DC 634-IS-RDSW 634-1 S-WS fNS 8M-IS-WaCINS IS.. TRA8063 IS-XLDAL IS-XLPDA IS-KT IS-lABOR IS-PROG IS-BM-15-AC IS-BM...2D-AC IS-BM-30-AC I5-SM-4O-AC I&-BM-6O-AC IS.BM-8O-AC IS-BM...15--OC IS-BM-2O-DC Is.RDSW rS-WSINS IS-WSCINS Trunked Antenna I rrinet Programming Laptop Irrinet Programing PDA Programming Keypad Field SelVice Per Hour Prog ramming Per Hour 1 }s;- Arad Master Valve AC 2" Arad MasterValveAC 3~ Arad Master Valve AC 4- Arad Master Valve Ar; 6~ Arad Master Valve AC 8- Arad Master Valve AC 1 %~ Arad Master Valve DC 2~ Arad Master Valve DC ARAD Reed Switches MfR Compatibte Weather Station wI Setup MIR Compatible Weather Station Components Only $65.00 $1,800.00 $750.00 $565.00 $75.00 $75~ 00 $465.00 $560.00 $950.00 $1,560.00 $3~695.00 $4,230.00 $530.00 $625.00 $40.00 $14,267.00 $12t 100.00 The undersigned hereby certifies that he/she understands the specifications., has read the document in its entirety and that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any or all productslselVices upon which prices are extended at the price offe red J and upon conditions contained in the specifications of the Invitation for Bid~ The following information must be filled out in its entirety for your bid to be considered: Company Name: IntersDec. LLC Address of Principal Place of Business: 9810 Libertv Road AubreYf TX 76227 Phone/Fax of Principal Place of Business: Phone-940-440-9757 _Fax-94 0-440-9759 Address, Phone/Fax Number of Majority Owner Principal Place of Business: 9810 Libertv Road Aubrev~ TX 76227 Phone-940-440-9757 Fax-940-44 0-9759 E-mail Address of Representative Authorized Representative: S ignatu refTitle 10--25-04 Date Printed Name Acknowledgement of Addenda: #1_ #2_ #3_ #4 #5 Central Computer Qty 1 1 Part# IS-PC-ICC1 IS-UHF Attachment 4 Denton Project Totals Description 1 Year Phone Support $ UHF Radio Kit and Antenna Install $ Total $ Cost 1,500.00 1,950.00 3,450.00 Central Total $ 3,450.00 North Lakes Cluster $ 37,468.00 Evers Cluster $ 46,940.00 Civic Center Cluster $ 60,984.00 South Lakes Cluster $ 46,833.00 Denia Cluster $ 9,935.00 Total System $ 205,610.00 New Total System $ 205,610.00 Interspec, LLC Confidential 10/12/2006 166 180 149 176 34 705 Total Station Count Page 1 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE CITY OF PLANO UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, FOR THE PURCHASE OF IRRIGATION EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3607-INTERLOCAL AGREEMENT FOR IRRIGATION EQUIPMENT WITH THE CITY OF PLANO, CONTRACT AWARDED TO INTERSPEC, LLC IN THE ESTIMATED AMOUNT OF $205,610). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase irrigation equipment in the estimated amount of $205,610 from Interspec, LLC under competitive bids received by the City of Piano in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~ BY: 3-0RD-File 3607 AGENDA INFORMATION SHEET AGENDA DATE: October 17,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Charles Wiley 349-7925 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of seventeen police sedans; providing for the expenditure of funds therefore; and providing an effective date (File 3609-Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $359,028.95). INTERLOCAL AGREEMENT INFORMATION An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 with Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the supply of goods and services. The City of Denton joined a Metroplex Regional Co-op for the purchase of Police Sedans headed by Tarrant County with the intention of pooling our buying power. Approximately one hundred fifty-seven governmental entities including twenty-seven counties, seventy-nine cities, twenty- one school districts, four universities and twenty-six special districts combined to purchase approximately 2,300 vehicles for the 2005-2006 contract. Bids were solicited from 84 qualified vendors and eleven responded. The bid prices continue to be held firm from the 2001-2002 bid award. These prices are below current State of Texas contract and Houston Galveston Area Council of Governments (HGAC) prices for similar vehicles. This acquisition is for the purchase of seventeen police patrol sedans. The units will replace similar 1998 and 1999-year model units no longer suitable for police activities. PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISIONS) The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98- 175). Tarrant County Commissioners Court approved the 2001-02 bids and awarded a contract to Philpott Ford on September 18, 2001 (Bid No. 2001-125). Tarrant County Commissioners Court renewed the contract in June 2005. Therefore, the prices remain firm through the 2006-07 fiscal year. Agenda Information Sheet October 17, 2006 Page 2 RECOMMENDATION Award to Philpott Ford Inc. in the amount of $21,119.35 each for a total amount of $359,028.95 for seventeen police patrol sedans. PRINCIPAL PLACE OF BUSINESS Philpott Ford, Inc. Nederland, TX ESTIMATED SCHEDULE OF PROJECT The estimated delivery of the vehicles is approximately 60-90 days. FISCAL INFORMATION This acquisition will be funded from Motor Pool account (810004707.1355.30100). Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet from Tarrant County (Bid 2001-125) Attachment 2: Price Sheet With Selected Options l-AIS-File 3609 ....... c Q) E ..c () ~ ~ ~ ~ (IJ. 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AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF SEVENTEEN POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3609-INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH TARRANT COUNTY, CONTRACT AWARDED TO PHILPOTT FORD INC. IN THE AMOUNT OF $359,028.95). WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3609 Philpott Ford Inc. $359,028.95 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid 2001-125), and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Tarrant County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Tarrant County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD- FILE 3609 CITY OF DENTON CITY COUNCIL MINUTES September 12, 2006 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, September 12,2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council Members Heggins, Montgomery, and Thomson. ABSENT: Council Member McElroy 1. Greater Denton Arts Council presentation by North Texas Business for Culture and the Arts. Mayor Pro Tern Kamp stated that several months ago, several members of the Council had attended a meeting dealing with culture and the arts. They were very impressed with the presentation and asked that it be presented to the Council. Pat Porter, North Texas Business for Culture and the Arts, stated that an economic impact study was started in 1990. It gathered data proving that the arts provided a positive hard solid economic impact on local economy. She indicated that it was projected that $4.8 million would impact the area from the responding agencies. The social impact of the arts in the community, arts contributions to the community, and impact on construction dollars/capital fundraising were reviewed by Ms. Porter. Council Member McElroy joined the meeting. Council suggested that more definitive data for the outlaying areas needed to be included in the economic impact of the arts. 2. The Council received a report, held a discussion, and gave staff direction regarding the 2006-07 Budget and the 2006-2011 Capital Improvement Program. Jon Fortune, Assistant City Manager, stated that he was available for questions on the budget or budget process. Council did not have any questions at this time. 3. The Council received a report, held a discussion and gave staff direction regarding the establishment of an ad hoc advisory committee to make recommendations concerning the City of Denton's Sesquicentennial Celebration, including the appointment of members of such committee, a discussion of possible activities and other matters related thereto. Janet Fitzgerald, Director of Parks and Recreation, provided a report on the celebration. Staff was working with community agencies and organizations to put together a number of events for the five weeks in January. She reviewed those events indicating what would take place during each week. Mayor McNeill suggested that each council member nominate a member to the Committee. Those nominations would be voted on at the next Council meeting. City of Denton City Council Minutes September 12, 2006 Page 2 4. The Council received a report, held a discussion and gave staff direction on the annexation of land in the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old Alton Road legally described as a part of a 5.41 acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas, which may include without limitation an approximate 1.9-acre tract owned by Wild Mustang Crossing Ltd. (A 06-0002, Corinth Substation) Kelly Carpenter, Director of Planning and Development, stated this was a request from TXU to voluntarily annex this property into the Denton city limits for their Corinth substation. An additional consideration was whether to annex surrounding property at the same time. Consensus of the Council was to proceed with voluntary annexation for TXU. Staff would gather information on whether or not the adjacent property owners would want to be annexed into the city. A caution was expressed to not muddy the voluntary TXU annexation with an involuntary annexation of surrounding property. Keep within the time frame for the TXU annexation. 5. The Council received a report, held a discussion and gave staff direction on the annexation of land in the northwestern area of the City of Denton's extraterritorial jurisdiction generally located at the southwest corner of Hampton Road and Masch Branch Road intersection and legally described as Lot 2 of the Marriott Garden Addition according to the plat recorded as document number 97-R0041092 in the Plat Records of Denton County, Texas which may include without limitation an approximate 28.4215 acre tract owned by JVC Partners Inc., and land between such property and the current city limits that may be required to satisfy any requirements of Chapter 43 of the Local Government Code. (A 06-0004, Marriott Garden Addition) Deputy Mayor Pro Tern Mulroy left the meeting with a potential conflict of interest. Kelly Carpenter, Director of Planning and Development, stated that an agreement dated December 4, 2001 with JVC Partners, Marriott Rental and the City provided that a breach of contract would occur if the property owner developed, constructed, or applied for a permit for uses beyond the uses included in the restrictive covenants. If such a breach happened, the City could, at its discretion, initiate voluntary annexation of the property. Staff had reviewed the agreement and the property and determined that the facilities on-site had been expanded beyond the original agreed upon terms. The property owners had been notified that they were in breach of the contract. Staff was requesting to proceed with a voluntary annexation of the property based on the breach of the contract. Mayor McNeill stated that Denton County did not object to the annexation. City Attorney Snyder stated that although this would be considered a voluntary annexation, it did not mean that the property owners could not object to the annexation. Consensus of the Council was to have Planning look into the other three parcels of adjacent property to determine whether or not the property owners would agree to be included in the voluntary annexation. Staff would provide an update to Council at the October 3rd meeting. City of Denton City Council Minutes September 12, 2006 Page 3 Deputy Mayor Pro Tern Mulroy returned to the meeting. 6. The Council received a report, held a discussion, and gave staff direction regarding the amendment of an Economic Development Program Grant Agreement with Orix Hunt Denton Venture for the Denton Crossing development. Linda Ratliff, Director of Economic Development, stated that in November 2001, the City approved an Economic Development Program Grant Agreement with Hunt Properties to build the Denton Crossing shopping center. In January 2003, the ownership of the grant changed to Orix/Hunt Denton Venture and in October 2004 Orix/Hunt sold the center to Inland Western Denton Crossing but retained the rights of Grantee under the agreement. Orix/Hunt has asked to have the agreement updated, clarifying certain portions of the document to make it easier to sell in the open market by removing thresholds or requirements that had been met. After discussion on whether a precedent would be set in agreeing to these changes and the need to develop an agreement that could not be separated, Council consensus was that future 380 agreements would have contingencies to make sure it was enforceable. 7. Staff responded to requests for clarification of consent agenda items listed on the Consent Agenda for September 12,2006. Mayor Pro Tern Kamp indicated that she would be pulling Item Q for separate consideration. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5: 10 p.m. to consider the items listed below under the Closed Meeting section of this agenda. 1. CLOSED MEETING: A. Consultation with Attorney - Under Tex. Gov't Code S551.071. 1. Consultation with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A private caucus on this topic is specifically authorized by Tex. Loc. Gov't Code 142.113(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Consultation with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the Denton Police Officers Association, pursuant to Texas Local Government Code sec. 142.051, et seq. A private caucus on this topic is specifically authorized by Tex. Loc. Gov't Code 142.063(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes September 12, 2006 Page 4 3. Consultation with the City's attorneys and receipt of legal advice regarding legal issues related to Mobility Plan amendments, including threats of litigation by affected property owners. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 12, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor McNeill presented proclamations for: Constitution Week Denton Heart Walk Day 3. CONSENT AGENDA Mayor Pro Tern Kamp requested that Item Q be pulled for separate consideration. Heggins motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolution with the exception of Item Q. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. Item Q was considered. Mayor Pro Tern Kamp, Deputy Mayor Pro Tern Mulroy and Council Member Montgomery left the meeting with a conflict of interest. McElroy motioned, Thomson seconded to approve Item Q. On roll vote, Heggins "aye", McElroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. Mayor Pro Tern Kamp, Deputy Mayor Pro Tern Mulroy and Council Member Montgomery returned to the meeting. A. Consider approval of tax refunds for the following property taxes: Tax Year Name Reason Amount 2005 2. Nicosia & 77 LP 4. Foutch, Patsy Duplicate Payment 2005 $ 535.27 City of Denton City Council Minutes September 12, 2006 Page 5 B. 2006-235 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of multipurpose paper for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3547 - Annual Contract for Multipurpose Paper awarded to the lowest responsible bidder, Xpedx, in the in the amount of$2.46 per ream of paper ($24.61/carton) for an annual estimated amount of $39,376). C. 2006-236 - An ordinance providing for the expenditure of funds for the emergency purchase of grit hauling and disposal services for the City of Denton Water Reclamation Plant in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3590 - Emergency Purchase of Grit Hauling and Disposal Services at Water Reclamation Plant awarded to Allied Waste Services in the estimated amount of $32,000). The Public Utilities Board recommended approval (5-0). (Addition of $6000 to existing contract due to unanticipated volume.) D. 2006-237 - An ordinance increasing the general expenditure authority of the City Manager and his designates to make routine expenditures of budgeted funds not to exceed $100,000, or such other amount as may be prescribed in a particular circumstance by a more specific ordinance, resolution, policy directive, or state law; and providing an effective date. E. 2006-238 - An ordinance of the City of Denton, Texas, authorizing the City Manager, the City Attorney, and the Risk Manager to settle claims not to exceed $100,000; and providing an effective date. The Audit/Finance Committee recommended approval (3-0). F. 2006-239 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of 2352 68-gallon size recycling carts for the Solid Waste Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3556 - Interlocal Agreement for the Purchase of Recycling Carts for Solid Waste Department awarded to OTTO Environmental Systems, LLC in the amount of $120,498). The Public Utilities Board recommended approval (5-0). G. 2006-240 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of Fort Worth, Texas to authorize participation in various City of Fort Worth contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3589 - Interlocal Agreement with the City of Fort Worth, Texas). H. 2006-241 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of office supplies; providing for the expenditure of funds therefor; and providing an effective date (File 3592 - Interlocal Agreement for Office Supplies with Tarrant County awarded to Corporate Express of Texas in the estimated amount of $120,000). City of Denton City Council Minutes September 12, 2006 Page 6 I. 2006-242 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a Ford F350 cab/chassis for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3596 - Interlocal Agreement for the purchase of one Ford F350 cab/chassis with H-GAC awarded to Philpott Ford in the amount of $28,251). (Funding for this purchase provided through the Texas Domestic Preparedness Assessment Grant program.) J. 2006-243 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of outgoing u.s. Mail Service; providing for the expenditure of funds therefor; and providing an effective date (Bid 3541 - Annual Contract for Mailing Service awarded to S & M Mail in an annual estimated amount of $60,000). The Public Utilities Board recommended approval (5-0). K. 2006-244 - An ordinance accepting competitive bids and awarding a contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3546 - Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $750,000). L. 2006-245 - An ordinance of the City Council of the City of Denton, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. M. 2006-246 - An ordinance abandoning and vacating a 0.60 acre sanitary sewer easement from Foxworth-Galbraith Lumber Company to City of Denton recorded in Volume 501 Page 273, Deed Records of Denton County, Texas, and a 1.12 acre sanitary sewer easement from Dimension - Unicorn Lake Associates, Ltd. to City of Denton recorded in Volume 1744 Page 758, Real Property Records of Denton County, Texas, in the M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date. The Public Utilities Board recommended approval (5-0). N. 2006-247 - An ordinance of the City of Denton, Texas authorizing the City Manager to pay the City's annual dues to the American Public Power Association in the amount of $26,421.18; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5- 0). o. Approved the minutes of: July 25, 2006 August 1, 2006 August 2, 2006 August 7, 2006 City of Denton City Council Minutes September 12, 2006 Page 7 P. R2006-033 - A resolution of the City Council of the City of Denton, Texas, amending resolution No. R2005-053 and endorsing the "Joint Recommendation for Regional Rail in North Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (The T) that supports the concept of local option funding of public transit in the region by exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap; and declaring an effective date. (The Chair of the Mobility Committee recommended approval. ) Q. 2006-248 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a grant agreement for $142,889 from the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary; and providing for an effective date. R. R2006-034 - A resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance providing for an amendment to the Denton Mobility Plan. There were 17 proposed changes. (CA06-0004) The Planning and Zoning Commission recommended approval (6-0). The Mobility Committee recommended approval (3-0). Kelly Carpenter, Director of Planning and Development, stated that Item #2 (Mills Extension west), #4 (Milam Road), #8 (Mayhill Road realignment) and #12 (Creekdale to Ryan Road) had been removed from consideration at this time with additional research to be conducted and additional public meetings to be held on these proposals. Kamp motioned, Heggins seconded to exclude from the agenda of this meeting and not consider at this time Items #2, #4, #8 and #12. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. Carpenter continued with a discussion of detailed dates of the neighborhood meetings on the amendments. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Lloyd Smith, 1509 Swisher, Denton, 76209-speaking for Mr. Calhoun-against #2 on the plan Earl Hargrave, 750 Pipeline Court, #107, Hurst 76053, spoke for Mr. Calhoun who was against #2 on the plan Robert Donnelly, 3900 Quail Creek Road, Denton, 76209 - against #8 on the plan Shawn Carter, 6572 Ganzer Road, Denton, 76207 - in support of Ganzer Road City of Denton City Council Minutes September 12, 2006 Page 8 Todd LaSalle, 2055 Chinn Road, Denton, stated that his item had been taken off consideration for this meeting Don Dillard, 4900 Thanksgiving Tower, Dallas - item was removed from consideration Jannet and George Calhoun, 321 N. Mayhill Road, Denton, 76206 - opposition to #2 Carol Beckham, 2100 S. Mayhill Road. Denton, 76208 - in favor of#8 Khosrow Sadeghian, P.o. Box 50593, Denton, 76206 - wanted more to time to review proposals Richard Greb, 2100 South Mayhill, Denton, requested information on #8 and was in favor of the western location The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-249 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA06- 0004 ) Kamp motioned, Mulroy seconded to adopt the ordinance with the exception of Items #2, #4, #8, and #12. Those items would be studied further and brought back to Council when ready as opposed to the Planning and Zoning Commission. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance regarding a 4.0-acre tract of land on the southwest corner of University Drive and Old North Road intersection. The items under consideration were: 1. Comprehensive Plan Amendment for approximately 4 acres of land from "Existing Neighborhoods/ Infill Compatibility" land use designation to "Community Mixed Use Centers" land use designation. The property is located at the southwest corner of the intersection of University Drive and Old North Road and is zoned Neighborhood Residential Mixed Use (NRMU) zoning district. (CA06-0007) The Planning and Zoning Commission recommended approval (5-0). 2. Rezoning of approximately 4 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Community Mixed Use General (CM-G) zoning district. The property is located on the southwest corner of the intersection of University Drive and Old North Road. (206-0012) The Planning and Zoning Commission recommended approval (5-0). City of Denton City Council Minutes September 12, 2006 Page 9 Kelly Carpenter, Director of Planning and Development, stated that the first item involved an amendment to the Comprehensive Plan to change the property from an existing neighborhood/infill compatibility land use designation to community mixed use centers land use designation. The proposal use would be compatible with the surrounding neighborhood. The second part of the request was to rezone the property to the community mixed-use general zoning district. The rezoning was compatible with the Denton Plan and the Development Code. The Mayor opened the pubic hearing. No one spoke during the public hearing. The Mayor closed the pubic hearing. The following ordinance was considered: NO. 2006-250 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS FOR 3.358 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD, AND LEGALLY DESCRIBED AS TRACT 1 OF THE W. LLOYD SURVEY, ABSTRACT NUMBER 773, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA06-0006) Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. The following ordinance was considered: NO. 2006-251 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT TO A COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT, ENCOMPASSING 3.358 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD AND LEGALLY DESCRIBED AS TRACT 1, OF THE W. LLOYD SURVEY, ABSTRACT NUMBER 773, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (06-0012) Heggins motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes September 12, 2006 Page 10 C. The Council held a public hearing and considered adoption of an ordinance amending Subchapters 7 and 23 of the Denton Development Code relating to infill and redevelopment regulations. (DCA 05-0005) The Planning and Zoning Commission recommended approval (7-0). Kelly Carpenter, Director of Planning and Development, presented the history of the infill regulations development. Staff had met with groups involved in potential infill, and the proposal had gone to the Planning and Zoning Commission for discussions and recommendations. The proposed amendments addressed tandem driveways, the waiving of sidewalk construction, allowed for zero lot line lots, did not waive impact fees for infilllots, set backs to be compatible with surrounding neighborhoods, proposed an infill development boundary and a more specific definition of infill. Council Member Montgomery asked for the number of potential infill sites of two acres or less. Carpenter indicated that there were approximately 500 sites at this time but nothing under development at this point. Carpenter continued that redevelopment had gotten into the mix with infill development. The focus was not on redevelopment but rather dealt with infill portions. If Council desired, the redevelopment portions could be removed from the proposed ordinance and dealt with separately. The provisions would still apply to parcels two acres or less in size on areas on the map. The Mayor opened the pubic hearing. The following individuals spoke during the public hearing: Mike Cochran, 610 West Oak, Denton, 76201 - opposed to ordinance Steven Friedson, 2044 W. Oak, Denton, 76201 - opposed to ordinance Mary Anderson, 924 W. Oak, Denton, 76201 - opposed to ordinance Elise Ridenour, 2044 W. Oak, Denton, 76201 - opposed to ordinance Raymond Redmon, 1029 E. Hickory, Denton, 7620 I-opposed to the ordinance Robert Stock, 5101 E. University, Denton, 76208 - opposed to impact fees Jim Engelbrecht, 2305 North Lake Trail, Denton, 76201- concerned about properties listed on the infill map. Khosrow Sadegbian, PO Box 50593, Denton, 76206 - suggested waive impact fee for infill development The Mayor closed the public hearing. Council Member Montgomery felt it would be best to not link infill and redevelopment. Council Member Thomson stated that he had a problem with infill fees. He would like to see energy efficient buildings and would be favor of reducing impact fees to encourage that type of development. He felt the Development Code provided for variances and every situation had a different spin. He agreed that redevelopment needed to be split from infill. City of Denton City Council Minutes September 12, 2006 Page 11 Council Member McElroy felt that while it was well intended, mixing redevelopment and infill was not good. Deputy Mayor Pro Tern Mulroy felt that there currently was no infill development as the current code was prohibitive due to the number of required variances. He also felt that the public process needed to be honored and the language revised for notice to neighbors. Redevelopment and infill needed to be separated. Mulroy motioned, Kamp seconded to postpone the proposal for eight weeks returning with a work session items. Staff would present documents reflecting comments made at the work session. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance concerning amendments to the Denton Development Code regarding the processing and notice requirements for Alternative Development Plans (ADP's) and Alternative Environmentally Sensitive Area Plans and review standards. (DCA06-00013) The Planning and Zoning Commission recommended approval (7-0). Kelly Carpenter, Director of Planning and Development, stated that the proposal amended the process for alternative development plans and alternative environmentally sensitive area plans. The proposal would use the Planning and Zoning Commission procedure for consideration and approval rather than the Zoning Amendment procedure, allowed the appeal of a decision of the Planning and Zoning Commission decision on an ADP by the applicant and the City Manager to the City Council, used the Zoning Amendment procedure for consideration and approval of an Alternative Environmentally Sensitive Area Plan, and clarified approval standards for ADP' s. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-252 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUB CHAPTERS 3, 13, AND 17 OF THE DENTON DEVELOPMENT CODE, AS THEY RELATE TO REQUIRED PROCEDURES FOR CONSIDERATION AND APPROVAL OF ALTERNATIVE DEVELOPMENT PLANS; PROVIDING FORA PENALTY CLAUSE WITH A MAXIMUM FINE OF $2,000.00 PER DAY FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (DCA06-0013) Mulroy motioned, Montgomery seconded to adopt the ordinance as presented. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes September 12, 2006 Page 12 E. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, denying the rate increase proposed by the Atmos Energy Corporation, Mid- Tex Division; requiring the reimbursement of municipal rate case expenses; finding that the meeting complies with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. City Attorney Snyder stated that this request had been previously suspended for 90 days. A consultant was hired by the group of cities who reviewed the proposed rate increase by Atmos and who recommended denial of that increase. If the affected cities did not deny the increase, it would automatically go into effect. Atmos could appeal the denial and place the request at the Railroad Commission. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-253 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE RATE INCREASE PROPOSED BY THE ATMOS ENERGY CORPORATION, MID-TEX DIVISION; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. F. The Council held a public hearing on a proposal to adopt a tax rate of .62652 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. Jon Fortune, Assistant City Manager, stated that this was the first of two public hearings on the tax rate. The proposed tax rate was a 1.8-cent increase per $100 valuation. This increase would provide service enhancements for the city in terms of additional police officers, continued neighborhood viability through Code Enforcement officers, additional street maintenance materials and increased number of materials in the public libraries. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes September 12, 2006 Page 13 No action was required on this item. G. The Council held a public hearing and received citizen input on the 2006-07 proposed budget. Jon Fortune, Assistant City Manager, stated that the City was required to hold a public hearing on the proposed budget per state law. The Mayor opened the pubic hearing. The following individuals spoke during the public hearing: Chris Watts, 2216 S. Bonnie Brae, Denton - $80,000 to assess properties in Denton was not needed and the dollars could be better spent elsewhere. Bob Clifton, 730 Wainwright, Denton, 76201 - against the assessment of properties- budget was way out of line. The Mayor closed the public hearing. No action was required on this item at this point in time. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its regularly scheduled meeting of September 26, 2006; providing for publication of notice of such vote on the tax rate; and providing an effective date. Jon Fortune, Assistant City Manager, stated that this action would allow for the posting of the notice to vote on the tax rate. The following resolution was considered: NO. R2006-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY SCHEDULED MEETING OF SEPTEMBER 26, 2006; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, McElroy seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for paramedic training and certification for the staff of Fire Station 7 through North Central Texas College; and providing an effective date (File 3598 in an amount not to exceed $35,400) City of Denton City Council Minutes September 12, 2006 Page 14 Ross Chadwick, Fire Chief, stated that the ordinance would extend the partnership with NCTC for the training of staff at Fire Station 7. The following ordinance was considered: NO. 2006-254 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PARAMEDIC TRAINING AND CERTIFICATION FOR THE STAFF OF FIRE STATION 7 THROUGH NORTH CENTRAL TEXAS COLLEGE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered a request for an exception to the Noise Ordinance for amplified sound on Sunday, September 17, 2006, for the Texas Bicycle Racing Association event hosted by the Greater Denton Sports Commission. The event will be held from 12:00 noon until 7:00 p.m. and will cover several of the downtown streets. Public address system will be used to make announcements and conduct the races. Janet Fitzgerald, Director of Parks and Recreation, stated that the Greater Denton Sports Commission was requesting the exception to the noise ordinance to allow for the use of a public address system on a Sunday for a bicycle race. Kamp motioned, Thomson seconded to approve the request. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance accepting a proposal and awarding a contract for a Utility Assistance Program for low-income households; providing for the expenditure of funds therefor; and providing for an effective date (RFP 3504 Utility Assistance Program awarded to Interfaith Ministries). The Public Utilities Board recommended approval (6-0). Barbara Ross, Community Development Administrator, indicated that this ordinance awarded a three-year contract for the city's utility assistance program with Interfaith Ministries. The following ordinance was considered: NO. 2006-255 AN ORDINANCE ACCEPTING A PROPOSAL AND AWARDING A CONTRACT FOR A UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME HOUSEHOLDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes September 12, 2006 Page 15 Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. E. The Council considered appointing a nominating committee to develop a slate of appointees for the Economic Development Partnership Board. Linda Ratliff, Director of Economic Development, stated that Council needed to form a nominating committee to develop a slate of appointees for the Economic Development Partnership Board. There were five vacancies to fill on the board. The enabling ordinance called for two members from Council and one person from the Chamber to make up the nominating committee. Mulroy motioned to appoint Council Member Montgomery, Mayor Pro Tern Kamp and Sandra Robinson to the nominating board. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. F. The Council considered nominations/appointments to the City's Boards and Commissions. Airport Advisory Board-Mayor McNeill did not have a nomination at this time. Planning and Zoning Commission - Council Member Heggins nominated Gloria Anderson. Mulroy motioned, Kamp seconded to suspend the rules in order to vote on the nomination at this meeting. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. On roll vote to appoint Gloria Anderson to the Planning and Zoning Commission, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. G. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Donna Woodfork regarding diversity in the City. Ms. Woodfork questioned the plan for diversity in the city and asked for an official apology for moving residents from the area of the now Civic Center Park. She wanted to meet with someone regarding how the properties were acquired to make sure the residents were paid appropriately. City of Denton City Council Minutes September 12, 2006 Page 16 B. Bob Clifton regarding City business. Mr. Clifton stated that he had reviewed charges made by employees on the City's purchasing card system. He detailed charges that included food, airline tickets, uniforms, coffee, and others. C. Robert Donnelly regarding city business. Mr. Donnelly presented a follow-up on infill issues and code compliance with an adjacent development. The construction was still not code compliant with no public improvements being done in the development. H. New Business The following items of New Business were suggested by Council for future agendas: . Mayor McNeill requested a report regarding the number of separate Public Information requests received in the last three months and the number of hours devoted to those requests. . Mayor McNeill requested a Reading file memo regarding the City's policy for uniforms for DME employees. . Council Member Thomson, speaking as Chair of the Council Appointee Performance Review Committee, requested time on the next work session and council meeting to present George C. Campbell as a finalist candidate for city manager and to present and discuss contract terms pursuant to his hiring. . Council Member McElroy requested an update to both of Mr. Donnelly's reoccurring problems. I. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. Interim City Manager Martin did not have any items for Council. J. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. K. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9:25 p.m. City of Denton City Council Minutes September 12, 2006 Page 1 7 PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 19,2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 19,2006 at 5:30 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the 2006-07 Budget and the 2006-2011 Capital Improvement Program. Jon Fortune, Assistant City Manager, indicated that this was an opportunity for the Council to ask questions regarding the budget. Several minor adjustments had been made to the budget since it was submitted to Council on July 31 st. One adjustment provided for the appropriation of the unreserved fund balance in the Recreation Fund. The Recreation Fund supported the fee based recreation programs of the Parks Department. The appropriation of the $256,750 of unreserved Recreation Fund Balance, which had been established for user and program fees, would enable the Parks Department the flexibility to make enhancements to the benefit of program participants. The Recreation Fund would still maintain a 15% undesignated fund balance. The second revision provided for the re-designation of facility projects in the 2006- 2011 Capital Improvement Program for the HV AC, flooring, and roof replacement programs. Staff was proposing to consolidate these three programs into one program and show the consolidated program and funding on an annual basis. The Audit/Finance Committee approved these recommendations. Consensus of the Council was to proceed as recommended. 2. The Council received a briefing, held a discussion and gave staff direction concerning the proposed Hunter Ranch project and proposed Public Improvement District (PID). Hunter Ranch is proposed along both sides ofI35W, north of Crawford Road and south ofFM 2449. Ike Shupe, attorney representing the buyer of the property, presented information on Public Improvement Districts. Information centered on what PIDs were, why they were used, how they were created, could they be changed, how they were funded and how they were governed. Council discussion: . What was the real cost to homeowners in a PID? Shupe replied that the average was about $900 a year for a $10,000 lot. Gary Lane presented an overview of the proposed project. Council discussion: . What would happen to Pilot Knob? Lane stated that 75% would be retained in a natural state. The rest would have the underbrush cleaned. . How many gas wells were on the property? Approximately 13 wells were on the property. City of Denton City Council Minutes September 19,2006 Page 2 . Why should the public finance something that developers usually did? Lane stated that a large master planned development such as this needed funding for the public infrastructure. . This was considered an economic incentive package. If the developer wanted to go this route, it was suggested they meet with the Economic Development Partnership Board. . Let the Economic Development Partnership Board consider the request and then receive a recommendation from them. Consensus of the Council was to refer the proposal, if desired by the developer, to the Economic Development Partnership Board. 3. The Council received a report, held a discussion and gave staff direction regarding the City of Denton's Sesquicentennial Celebration Committee. The following nominations were made: Mayor Mayor Pro Tern Kamp Deputy Mayor Pro Tern Mulroy Council Member Heggins Council Member McElroy Council Member Montgomery Council Member Thomson Howard Smith Donna Trammell Georgia Caraway Rose Chew Roni Beasley Herbert Holl Nomination withdrew Mayor McNeill noted that these nominations would be considered during the Special Called Session later in the meeting. 4. The Council received a report and held a discussion on the recruitment, selection, and appointment of George C. Campbell for the City Manager position. The Council reserved the right to convene into closed session under Section 551.074 of the Texas Government Code to deliberate the employment and evaluation of a future City Manager. Council Member Thomson, Chair of the Council Appointee Performance Review Committee, reviewed the process for selection of George Campbell for the City Manager position. The committee recommended Mr. Campbell to the Council as the best prospect interviewed. Proposed salary and benefits were included in the employment agreement. Council convened into Closed Session at 6:20 p.m. to deliberate employment and evaluation of a future City Manager. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 19, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes September 19,2006 Page 3 2. PUBLIC HEARINGS A. The Council held a public hearing on a proposal to adopt a tax rate of $0.62652 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. Jon Fortune, Assistant City Manager, stated that this was the second public hearing on the tax rate. The recommended tax rate was a 1.8 cent increase for $100 valuation. Service enhancements for the police department, code enforcement, street maintenance and library materials would benefit from this increase. The Mayor opened the public hearing. Bob Clifton, 730 Wainwright, read a statement regarding "system funds" and commented on the code enforcement officers to be hired next budget year. The Mayor closed the public hearing. No action was required on this item. 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval and took action on an ordinance appointing George C. Campbell as City Manager and approving an employment agreement and authorizing the Mayor to execute said agreement setting the compensation and terms of employment; authorizing expenditures and actions; and providing an effective date. The following ordinance was considered: NO. 2006-256 AN ORDINANCE APPOINTING GEORGE C. CAMPBELL AS CITY MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SETTING THE COMPENSATION AND TERMS OF EMPLOYMENT; AUTHORIZING EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. Mayor McNeill noted a Request to Speak Card had been submitted. Bob Clifton, 730 Wainwright, noted that this was an excellent choice for City Manager. City of Denton City Council Minutes September 19,2006 Page 4 B. Boards/Commissions/Committees: 1. Economic Development Partnership Board Mayor Pro Tern Kamp stated that there were five nominations to be made with specific categories. On behalf of the nominating committee, she offered the following nominations: Perry McNeill representing the City Council Marty Rivers representing the Chamber of Commerce Bob Haley and Denny Aldridge representing the Top 20 Ad Valorem companies Gretchen Bataille representing the University of North Texas Kamp motioned, Montgomery seconded to suspend the rules and vote on the nominations at this meeting. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. On roll vote of the above nominations, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 2. Sesquicentennial Celebration Committee Kamp motioned, Heggins seconded to approve the nominations presented during the Work Session. The motion included approving Council Member Thomson's nomination when received by the City Secretary. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 3. Airport Advisory Board Mayor McNeill did not have a nomination at this time. With no further business, the meeting was adjourned at 7:05 p.m. PERRY R MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 26, 2006 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, September 26,2006 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council Members Heggins, McElroy, and Thomson. ABSENT: Council Member Montgomery 1. Presentation from the Historic Landmark Commission regarding the Fry Street Small Area Plan. Julie Glover, Downtown Area Manager, stated that the Historic Landmark Commission was seeking Council direction on providing historic tax abatement incentives for properties located on Fry Street. An amendment of the current ordinance would be required. Mayor McNeill stated that these incentives would be available for properties located on Fry Street area near UNT. Glover stated that property owners would have to request this abatement each year. There would be no obligation on the property owner to request the abatement. Mayor McNeill suggested having a separate ordinance for Fry Street incentives instead of combining them with the Central Business District. Consensus of the Council was to hold a work session on the pros and cons on developing such an ordinance. 2. Presentation from the Convention and Visitors Bureau regarding Denton Live.com as the official calendar for Denton events. Kim Phillips, Convention and Visitors Bureau, stated that Denton Live.com was strictly a calendar for the city as a resource for individuals planning an event in Denton. She was asking Council to formally recognize this site as the master calendar for events in the City of Denton. Mayor McNeill asked about the process to get events on the calendar. Phillips indicated that it was a free service as long as the event was open to the public. The event could be either a free event or have paid admission. It also had to be within the specific Denton area. City Attorney Snyder suggested that Council approve the process with a resolution and allow his department to review the proposal to make sure it was legal to do. Deputy Mayor Pro Tern Mulroy requested written criteria to be followed. Consensus of the Council was to have Legal review the proposal. City of Denton City Council Minutes September 26, 2006 Page 2 3. The Council received a report, held a discussion and gave staff direction regarding the 2007 state legislative program of the City of Denton, for the 80th Texas Legislature. John Cabrales, Public Information Officer, stated that the state legislative program was included in agenda backup. Key legislative issues had been identified by Council and staff. It was recommended that resolutions be submitted to TML regarding beneficial reuse and special districts in a city's ETJ for consideration at their annual conference. Consensus of the Council was to proceed with the development of a resolution to formally adopt the key legislative issues. The City would also investigate and coordinate with UNT, TWU and DISD for joint issues. 4. The Council held a discussion and gave staff direction regarding the 2007 Council meeting schedule. Jennifer Walters, City Secretary, presented the information for the 2007 Council meeting schedule. 5. There were no requests for clarification of consent agenda items listed on the consent agendas for September 26, 2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5: 10 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda 1. CLOSED MEETING: A. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section551.071. 1. Considered and discussed status of litigation styled Kisko v. City of Denton, Cause No. 2006-50265-367, currently pending in the 367th District Court, Denton County, Texas. 2. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. City of Denton City Council Minutes September 26, 2006 Page 3 3. Legal advice concerning land use legal issues including multi-family, fair housing, vested rights, development exactions, annexations, and takings Issues. B. Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. 1. Deliberated the purchase and value of real property interests for the fee acquisition of approximately 64 acres in the James Edmondson Survey, Abstract Number 401 and deliberate the purchase and value of real property interests for the fee acquisition of approximately 200 acres in the B.B.B. & C.R.R Co. Survey, Abstract 160, both being generally situated in the South Bonnie Road - Roark Branch area, all or part of which may be acquired for a public purpose, and receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition of such real property interests. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 26, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. September Yard-of-the-Month Awards Mayor McNeill presented the September Yard of the Month awards to: Robin Johnson Jim and Lynn Kersten Debby and Chris Pepper Opal Davis Bill and Nancy Kamman Jane Bryant - Watersmart Yard 3. BUDGET ITEMS FOR CONSIDERATION A. The Council considered adoption of an ordinance adopting the Budget and the first year of the Capital Improvement Program of the City of Denton, Texas for the fiscal year beginning on October 1, 2006 and ending on September 30, 2007; and declaring an effective date. City of Denton City Council Minutes September 26, 2006 Page 4 Jon Fortune, Assistant City Manager, stated that there would be one presentation for the four budget items. The proposed budget was a product of many months of hard work with staff, Council and the Audit/Finance Committee. The proposed budget met the needs of a growing community plus provided for several enhancements. Those enhancements included additional police officers, police staff, additional materials for the libraries, street materials and code enforcement officers. The following ordinance was considered: NO. 2006-257 AN ORDINANCE ADOPTING THE BUDGET AND THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF DENTON, TEXAS FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30,2007; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. Council considered adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas for the year 2006, on all taxable property within the corporate limits of the city on January 1, 2006, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. The following ordinance was considered: 2006-258 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS FOR THE YEAR 2006, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1,2006, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. McElroy motioned that property taxes be increased by the adoption of a tax rate of $0.62652 on each $100 assessed value of all taxable property, Heggins seconded. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes September 26, 2006 Page 5 C. The Council considered adoption of an ordinance of the City of Denton, Texas approving the 2006 Tax Rolls; and providing an effective date. The following ordinance was considered: NO. 2006-259 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE 2006 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. Budget Consent: Mulroy motioned, McElroy seconded to adopt the Budget Consent and accompanying ordinances. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 1. 2006-260 - An ordinance amending the schedule of water rates contained in Ordinance No. 2005-251 for water service rates and water rates; amending the residential water service (Schedule WR); by the addition of a residential water irrigation rate (WRI); adding a commercial irrigation rate (WCI); amending the commercial/industrial water service rates (Schedule WC); amending the wholesale raw water service rate to Upper Trinity Regional Water District (Schedule WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); adding a special conditions rider; providing for a repealer; providing for a severability clause; and providing for an effective date. 2. 2006-261 - An ordinance amending the schedule of wastewater rates contained in Ordinance No. 2005-252 for wastewater service; amending the residential wastewater service rate by adding a wastewater volume maximum (Schedule SR); amending the grass/brush/leaves rate (Schedule GBL); adding a special conditions rider; providing for a repealer; providing for a severability clause; and providing for an effective date. 3. 2006-262 - An ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance Number 2005-253 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of Sections 26-3, 26- 4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service; amending the residential solid waste collection services schedule (Schedule SWR); changing the name of the residential recycling and processing services rate schedule to the residential recycling rate schedule (Schedule SWRR); removing the residential financial need discount rate schedule (Schedule SWRD); adding the multi-family chemical City of Denton City Council Minutes September 26, 2006 Page 6 collection/recycling schedule (Schedule MFR); amending the commercial solid waste collection services schedule (Schedule SWC); adding the collection and transportation services permit schedule (Schedule SWP); amending the sanitary landfill services schedule (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. 4. 2006-263 - An ordinance of the City of Denton, Texas providing for the amendment to the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city customers and taxpayers contained in Ordinance No. 2005-254 and also as amended during previous FY 2005-2006; by amending the electric meter installation charge; canceling the electric and water meter connection charge by instead adding the meter connection charge and the meter reconnection charge; providing for a repealer; providing for a severability clause; and providing for an effective date. 5. 2006-264 - An ordinance of the City of Denton, Texas providing for the payment of inspection services fees to the City of Denton for public improvements constructed by developers, related to private development; providing for the superseding of ordinances in conflict with this ordinance; providing an effective date. 6. 2006-265 - An ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2005-250 for electric service; amending residential service rate (schedule RES): amending residential renewable service rate (Schedule RG): amending general service small rate (Schedule GSS): amending general service medium rate (Schedule GSM): amending general service large rate (GSL): amending general service time of use rate (Schedule TGS): amending local government service rate (Schedule GL): amending weekend service rate (Schedule WK): amending athletic field rate (Schedule AF): amending street lighting rate (schedule LS): amending traffic lighting rate (Schedule L T): amending other lighting rate (Schedule LO): amending security lighting rate (Schedule DD): amending downtown decorative lighting rate (Schedule DDL): amending decorative street lighting rate (Schedule DSL): amending temporary service schedule (Schedule Tl): amending industrial development rider (Schedule IDR): amending energysave program (Schedule EP); amending the energy cost adjustment (Schedule ECA): adding renewable cost adjustment (Schedule RCA); amending discount rider for state universities and colleges (Schedule UD): amending distributed generation from renewable sources rider (Schedule DGR): adding independent wholesale generator rider (Schedule IWG); adding the commercial renewable energy service rider (Schedule CGR); adding special event service schedule (Schedule SE); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (4-0). 7. 2006-266 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software City of Denton City Council Minutes September 26, 2006 Page 7 System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3560 - Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $154,449.29). 8. 2006-267 - An ordinance awarding a contract for the lease of desktop PC's, notebook PCs, software, peripherals, and services as awarded by the State of Texas General Services Commission, Department of Information Services (DIR Contract 02000390); providing for the expenditure of funds therefor; and providing an effective date (File 3582 - to Dell Government Leasing & Finance in the amount of $288,711.06, the first of seven payments, for a total lease amount of $2,020,977.42). 9. 2006-268 - An ordinance approving the expenditure of funds for the purchase of annual service access and support for the General Packet Radio Services (GPRS) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3561 - Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) awarded to Cingular Wireless (formerly AT&T Wireless) in the amount of $117,289.80). 10. 2006-269 - An ordinance awarding a contract for the purchase of 30 and lease purchase financing of 38 Mobile Data Computers (MDCs) for the City of Denton Police Department and lease purchase financing of 21 MDCs, 19 docking stations, and installation services for the City of Denton Fire Department awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3564 - Purchase of Panasonic Toughbook CF-29 awarded to CDW Government, Inc. in the purchase amount of $123,450.00 and awarded to Chase Equipment Leasing in the first year lease amount of $94,625.37 for a total three year lease amount of$283,876.11. Total award amount is $407,326.11). 11. 2006-270 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. 12. 2006-271 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. City of Denton City Council Minutes September 26, 2006 Page 8 13. 2006-272 - An ordinance setting fees for towing, impounding, storage, permit fees, use of special equipment such as dollies, and notification for vehicles impounded at the direction of the Police Department. This ordinance is required by Section 23-87 of the previously passed Ordinance 2006-174. 14. 2006-273 - An ordinance approving a policy regarding reimbursement of City Council travel expenses; establishing a budget for City Council travel expenses; and providing an effective date. 15. 2006-274 - An ordinance of the City of Denton, Texas dissolving the Emily Fowler Library Fund by transferring all the amounts in this fund to the 2006-2007 General Fund Budget at the beginning of that budget year; and providing an effective date. 16. 2006-275 - An ordinance adopting a schedule of fees for use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. The Parks, Recreation & Beautification Board recommended approval (6-0). 4. CONSENT AGENDA Heggins motioned, Kamp seconded to adopt the Consent Agenda and accompanying ordinances. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. A. 2006-276 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Young Minority Entrepreneurs Institute, Inc. for provision of assistance to low to moderate income and disadvantaged children; providing for the expenditure of funds; and providing an effective date. B. 2006-277 - An ordinance accepting sealed proposals and awarding a contract for Property, Boiler & Machinery, and Catastrophic Vehicle & Mobile Equipment Insurance Coverage for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFSP 3554 - Commercial Property Insurance; Catastrophic Vehicle and Mobile Equipment Insurance; and Boiler and Machinery Insurance awarded to Travelers Lloyd's Insurance Company in the annual amount of$251,004). C. 2006-278 - An ordinance approving the expenditure of funds for the purchase of audio visual services related to digitally imaged products for the City of Denton Library System available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3600 - Audio Visual Services for the city of Denton Library System awarded to Midwest Tape in the estimated amount of $165,000). City of Denton City Council Minutes September 26, 2006 Page 9 D. 2006-279 - An ordinance accepting competitive bids and awarding a contract for the one-time purchase of primary and secondary insulated electric distribution cables for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3555 - One-Time Purchase of Electric Distribution Cables awarded to the lowest responsible bidder meeting specification for each item for a total award in the amount of $911,841). The Public Utilities Board recommended approval (6-0). E. 2006-280 - An ordinance accepting competitive bids and awarding a contract for the single purchase of overhead polemounted and underground padmounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3588 - Single Purchase of Overhead Polemounted and Underground Padmounted Distribution Transformers awarded to the lowest responsible bidder meeting specification for each item for a total award amount of $1,292,898). The Public Utilities Board recommended approval (6-0). F. Approved the minutes of: August 15,2006 August 28, 2006 Joint DISD meeting August 28, 2006 Special Called meeting G. 2006-281 - An ordinance of the City of Denton, Texas approving change order four 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. The Mobility Committee recommended approval (3-0). H. 2006-282 - An ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a professional services agreement with the Messer Law Firm for professional legal services relating to litigation styled Kisko v. City of Denton, Cause No. 2006-50265-367 currently pending in the 367th District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. I. 2006-283 - An ordinance of the City of Denton authorizing an extension ofa lease agreement between the City of Denton, Texas and the Greater Denton Arts Council, Inc. for leasing and renovation of certain real property owned by the City of Denton; providing for the expenditure of funds therefore; and providing an effective date. The Audit/Finance Committee recommended approval (2-0). J. 2006-284 - An ordinance of the City of Denton, Texas approving a second amendment to an Economic Development Program Grant Agreement dated November 27, 2001 between the City of Denton and Denton Crossing Partners City of Denton City Council Minutes September 26, 2006 Page 10 Ltd, which was duly assigned to Orix Hunt Denton Venture; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, designating the property located at 918 West Oak Street as a Historic Landmark under Section 35.7.6 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. The Historic Landmark Commission recommended approval (6-0). The Planning and Zoning Commission recommended approval (6-0). Julie Glover, Historic Preservation Officer, stated that this designation would provide a historic landmark for the property plus a tax abatement for city property taxes. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Donna Harris, property owner, requested approval. Bob Clifton, 730 Wainwright, Denton - spoke in favor of the request. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-285 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 918 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35.7.6 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 0.24 acres from a Downtown Residential 1 (DR-I) zoning district to a Downtown Residential 2 (DR-2) zoning district. The subject property was located on the west side of Avenue A at Collins Street. (206-0013) The Planning and Zoning Commission recommended approval (6-0). Kelly Carpenter, Director of Planning and Development, stated that this was a request for rezoning from DRl to DR 2. The Planning and Zoning Commission had recommended approval 6-0. This property would be combined with southern parcel to build 24 apartments. City of Denton City Council Minutes September 26, 2006 Page 11 The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-286 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE DOWNTOWN RESIDENTIAL 1 (DR-I) TO THE DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR APPROXIMATELY 0.24 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF AVENUE A AT COLLINS STREET LEGALLY DESCRIBED AS LOT 1, BLOCK 2 IN THE EWING ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (A06-0013) Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 16 acres from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The subject property was located on the south side of East McKinney Street near the intersection of East McKinney Street and Trinity Road. (206-0022) The Planning and Zoning Commission recommended approval (6-0). Kelly Carpenter, Director of Planning and Development, reviewed the details of the proposal. This parcel would be combined with a parcel to south for a single-family development of Neighborhood Residential-4. Three responses had been received all in favor of the proposal. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-287 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 16.004 ACRES FROM NEIGHBORHOOD RESIDENTIAL City of Denton City Council Minutes September 26, 2006 Page 12 MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4) GENERALLY FRONTING 1323 FEET ON THE SOUTH SIDE OF EAST MCKINNEY STREET (F.M. 426) BEGINNING AT THE CITY LIMIT LINE OF THE CITY OF DENTON SOUTHEAST OF THE INTERSECTION OF EAST MCKINNEY STREET (F.M. 426) AND TRINITY ROAD AND LEGALLY DESCRIBED AS BEING A TRACT OF LAND SITUATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1300 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS BEING A PART OF A 160.441 ACRE TRACT, AS DESCRIBED IN VOLUME 607, PAGE 515 OF THE DEED RECORDS OF DENTON COUNTY ,TEXAS AND FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (A06-0022) McElroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer agreement between the City of Denton and the Denton Police Officers Association, and providing an effective date. Jon Fortune, Assistant City Manager, stated that items 6A-6F were related. The last legislative session recognized the ability of fire and police associations to negotiate in a meet and confer process. This ordinance would ratify the agreement with the Denton Police Officers Association. Troy Nivens, Denton Police Officer Association, thanked the Council for the opportunity to work through this process. Mike Tucker, Denton Fire Fighters Association, also thanked the Council for the opportunity to work through this process. The following ordinance was considered: NO. 2006-288 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON POLICE OFFICERS ASSOCIATION, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes September 26, 2006 Page 13 B. The Council considered adoption of an ordinance authorizing assignment pay for Police Department employees who are assigned to perform specialized functions of field training officer, and for Police Department employees who are assigned to the tactical team of the Police Department, and providing an effective date. The following ordinance was considered: NO. 2006-289 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR POLICE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF FIELD TRAINING OFFICER, AND FOR POLICE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO THE TACTICAL TEAM OF THE POLICE DEPARTMENT, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. The following ordinance was considered: NO. 2006-290 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION, AND PROVIDING AN EFFECTIVE DATE. McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing Assignment Pay for Fire Department employees assigned to perform specialized functions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Recruitment Management Analyst, Emergency Management Program Manager and Fire Marshal in the Fire Department; and providing an effective date. The following ordinance was considered: NO. 2006-291 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF PUBLIC City of Denton City Council Minutes September 26, 2006 Page 14 EDUCATION OFFICER, FIRE INSPECTOR, SENIOR FIRE INSPECTOR, FIRE PROTECTION ENGINEER ASSOCIATE, ASSISTANT FIRE MARSHAL, FIRE RECRUITMENT MANAGEMENT ANALYST, EMERGENCY MANAGEMENT PROGRAM MANAGER AND FIRE MARSHAL IN THE FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing a one percent increase to the rate of contribution to the City of Denton Fire Fighters Relief and Retirement Fund by the City; and establishing an effective date for the ordinance. The following ordinance was considered: NO. 2006-292 AN ORDINANCE AUTHORIZING A ONE PERCENT INCREASE TO THE RATE OF CONTRIBUTION TO THE CITY OF DENTON FIRE FIGHTERS RELIEF AND RETIREMENT FUND BY THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2006-019 prescribing the number of positions in each classification of police officer; prescribing the number of positions in each classification of fire fighter; providing a repealer clause; and declaring an effective date. The following ordinance was considered: NO. 2006-293 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2006-019 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A REPEALER CLAUSE; AND DECLARING AN EFFECTIVE DATE. Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes September 26, 2006 Page 15 G. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor McNeill nominated Tom Brewer to the Airport Advisory Board. Mayor motioned, Thomson seconded to suspend the rules and vote on the nomination at this meeting. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. On roll vote on the nomination, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. H. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Cheryl Kesterson regarding Clear Creek Natural Heritage Center. Ms. Kesterson presented a video about Clear Creek Natural Heritage Center. B. Jennifer Cole regarding gas well drilling in Denton's ETJ. Ms. Cole stated that the residents of Briercreek Subdivision in Argyle requested that the City deny a request by Reichmann Petroleum to plat a well site. The area was located in the City's ETJ and needed the City's protection. Safety of the residents was the most important consideration of this issue. C. Robert Donnelly regarding city business. Mr. Donnelly stated that there were four items in the Consent Agenda that did not have dollar amounts. The developers of the property next to his property were not working on the drainage issue which was suppose to have been done by Sept. 26th. Many other development code issues were starting to come to light. D. Aaron Witherel regarding a drilling proposal by Reichmann Petroleum. Mr. Witherel asked the Council to deny any plat located at the Vanessa White well site as it was too close to residences. It also had changed the drainage patterns in the area. Reasonable regulations were needed for gas well drilling near homes. E. Lana Shaw regarding gas well drilling. Ms. Shaw expressed concern for a drilling site close to her home. She was concerned about the drainage flow in the area since the development of a pad site for the well drilling. She asked to have the site returned to the condition before Reichmann Petroleum developed the proposed well site. City of Denton City Council Minutes September 26, 2006 Page 16 F. Gene Cole regarding the Vanessa White well in the Briercreek Subdivision. Mr. Cole expressed concern about the development of the well too close to his home and the potential of flooding of his property. He asked the Council to deny any plat application and to have the property put back to the original condition before the well. G. Sherry Skaggs regarding the Vanessa White well in the Briercreek Subdivision. Ms. Skaggs stated that they had experienced flooding since the development of a pad site on neighboring property. She asked that the Council require the developer to return the site to its original condition. H. Mike Shaw regarding the Vanessa White well in the Briercreek Subdivision. Mr. Shaw stated support for wife's presentation and asked for questions. I. Jana DeGrand regarding the Vanessa White well in the Briercreek Subdivision. Ms. De Grand stated that she would be willing to be annexed into the city limits. She was worried about all of the well sites in the area and the potential for flooding due to the high elevation of the well pad sites. She asked the Council to deny a plat for any future well sites on the property. I. New Business The following items of New Business were suggested by Council for future agendas: . Mayor McNeill and Deputy Mayor Pro Tern Mulroy requested bullet points on what the City could do in regards to gas well development in the ETJ, including gas well regulations . Council Member McElroy requested staff to research if the City could do anything about the Vanessa White plat. . Council Member McElroy asked staff to investigate the development next to Mr. Donnelly's property to make sure it was following code regulations. . Mayor Pro Tern Kamp requested a work session to discuss homeowner's associations and associated challenges after the developers leave a subdivision. City of Denton City Council Minutes September 26, 2006 Page 1 7 J. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. Interim City Manager Martin did not have any items for Council. K. There was no continuation of Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. L. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:11 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2006 CM: Parks and Recreation Department Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Hold a public hearing and consider adoption of an ordinance granting approval of a sub- surface use of Cross Timbers Park for the purpose of oil and gas nondrilling/pooling agreement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. Park, Recreation and Beautification Board recommends approval by a vote of (6-0). BACKGROUND Gas companies have requested consideration of off-site sub-surface use of parkland for the purpose stated, in order to drill for oil and natural gas deposits. Public parks are protected under State law, including a change in the use of parkland. Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resultingfrom the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter. " To meet the requirements of the Chapter 26 code, the Parks and Recreation Department has reviewed all other possible alternatives. These alternatives included: . Allow onsite drilling for natural gas and oil on park acreage. This option will remove parkland acreage from recreational use. It will also invoke the land conversion process that will require the city to replace the land being used for drilling by adding land adjacent to the park or another park in the general area. Also the agreement with Texas Parks and Wildlife Department restricts drilling for minerals and mining on the park surface when Local Park Development Grant funds were accepted in these parks. Staff is not recommending this alternative because it does not meet acceptable legal agreements and raises concerns related to land and environmental issues. . Do not allow drilling operations to penetrate below the park land. This option will not provide the ability to extricate oil and gas minerals from the land and would eliminate any financial returns from mineral resources to the City of Denton. . Permit the off-site drilling of gas and oil wells to extract the natural gas resources that may exist under the surface of the park. Off-site drilling has the least impact on parkland. Since all drilling will be done from adjacent property, no parkland will be disturbed. It allows for continued recreational use of the land and has the potential to produce future financial resources for the City of Denton. If the proposed oil and gas leases are allowed, a value must be placed on the acreage used and charged to the gas companies. Compensation to the City of Denton will be determined per the City Councils direction. OPTIONS City Council may provide direction as presented which will allow off-site drilling at Cross Timbers Park, deny the ordinance, or provide an alternative direction to staff. RECOMMENDATION After reviewing all other alternatives, staff recommends approval of the use of Cross Timbers Park for off-site oil and gas leasing. There will be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in winter of 2006/2007. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board considered this item October 2, 2006. Their recommendation is for approval by a vote of 6-0. FISCAL INFORMATION Compensation to the City of Denton will be determined per the City Councils direction. It is reasonable to expect that financial consideration for leasing of land and royalties on production of gas and oil will be at market rates to benefit the City of Denton. BID INFORMATION Not applicable EXHIBITS 1. Ordinance 2. Map 3. Minutes Respectfully Submitted: Janet Fitzgerald, Director Parks and Recreation Department Prepared by: Robert K. Tickner, Superintendent Parks and Recreation Department $: \Our Documents'Ordinances\06\Cross Timbers parks Chapter 26.doc ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF CROSS TIMBERS PARK FOR THE PURPOSE OF "AN OIL AND GAS NONDRILLING/POOLING AGREEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and " WHEREAS, the City of Denton desires to provide for a sub-surface use of Cross Timbers Park for the purpose of an Oil and Gas Nondrilling/ Pooling Agreement ("the Project"); and WHEREAS, the City provided notice in the Denton Record Clrronicle on June 26, July 3 and July 10, 2006 of a Public Hearing to be held on July 18, 2006 in the Council Chambers to consider the alternatives to the sub-surface use of Cross Timbers Park for the purpose of an Oil and Gas NondrillingIPooling Agreement; and WHEREAS, the City Council on July 18, 2006, received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to Cross Timbers Park from the sub-surface use of Cross Timbers Park for the purpose of an Oil and Gas NondrillingIPooling Agreement; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the Project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1~ The sub-surface use of Cross Timbers Park for the purpose of an Oil and Gas NondrillingIPooling Agreement is hereby allowed and the surface of the park may still be used by its patrons after completion of the Project in the same manner it was used prior to the Project. SECTION 2. The rights and benefits set forth in this ordinance may not be assigned" without the express written consent of the City. SECTION 3. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. Exhibit 1 S ~\Our Docllmcu.ts\Orrnnance:s\06\Cross Timbers parks OIapter 26.doc SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. By: By: Page 2 of2 Exhibit 2 Cross Timbers Park Non Drilling Gas Lease DRAFT Parks, Recreation and Beautification Board Minutes October 2, 2006 Civic Center Conference Room Members present: Patrice Lyke, Reggie Heard, Allyson Coe, Teresa Andress, Jo Kuhn, Ross Richardson, and Carol Brantley. Staff present: Janet Fitzgerald, Bob Tickner, Emerson Vorel, Janie McLeod, Amanda Green, and Nicole Vance. Others present: Scott Neely with Denton County Transportation Authority (DCT A). Chair Teresa Andress called the meeting to order at 6:02 p.m. Awards and Recognitions - None Approval of Minutes of September 11, 2006 - The minutes stood as written. ACTION ITEMS Proposed Off-Site Gas Well Leasing of Cross Timbers Park - Bob said gas companies have requested consideration of off-site sub-surface use of Cross Timbers Park in order to drill for oil and natural gas deposits. Bob said that after reviewing all other alternatives, staff recommends approval of the use of Cross Timbers Park for off-site oil and gas leasing. There will be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. Action: Jo Kuhn made a motion to accept staffs recommendation to approve the use of Cross Timbers Park for off-site oil and gas leasing. Reggie Heard seconded the motion and it was approved with a 6-0 vote. DCTA Railroad Easement on Rail Trail - Bob said the Denton County Transportation Authority (DCT A) has requested the use of parkland to construct the rail commuter railroad from downtown Denton to Carrollton to connect with the Dallas Area Rapid Transit (DART) light rail line. Staffs recommends re-constructing the Denton Branch Rail Trail pedestrian-bicycle trail along side the proposed rail line and grant a railroad easement on the former MKT Railroad alignment to DCT A. This appears to be the most feasible and prudent to meet the goals of providing rail commuter service from Denton into Dallas area and continue to maintain the ability to provide recreational use and alternate transportation opportunities to Denton citizens. - 1 - Exhibit 3 Jo Kuhn asked DCTA how the rail line and trail would be separated to provide adequate safety to trail users. Scott Neely responded that DCTA would construct a fence and use landscaping to separate the two uses. Teresa Andress asked what material would be used to construct the trail. Scott responded the trial would most likely be concrete or asphalt. Scott commented that design documents were only 10% complete at this time and would be wiling to bring them to the Park Board for review when they were further along. Janet asked Scott Neely to bring them at 50% completion for Park Board's review. A "Memorandum of Understanding" will be developed between the City and DCT A outlining details of the final easement agreement. This Memorandum will be provided to the Park Board at the November 6, 2006, meeting prior to the City Council public hearing and authorization to proceed. ACTION: Allyson made a motion to recommend approval of an easement on the Denton Branch Rail Trail with the stipulation that DCT A will bring design documents of the proposed rail and trail to the Park Board for review and reserves the right to review the Memorandum of Understanding and the schematic of the landscape. Ross seconded the motion and it passed with a vote of 6-0. Carol Brantley arrived at the meeting. North Lakes Park Gas Well Lease Extension Agreement - Bob said that the Parks Board considered and approved a recommendation to City Council for authorizing the City to enter into a lease agreement with Joint Resources Drilling Company for natural gas well extraction from an offsite location at North Lakes Park in 2002. Joint Resources now doing business under the name Range Resources Corporation is requesting a four-month extension to allow time to schedule a drilling and get all the approvals and clearances from the City and the Texas Railroad Commission. For this extension, they are offering a consideration of $30,000 for the period to March 4,2007. Jo Kuhn asked where the revenue from the extension would go and how it would be used. Janet explained that Council had directed Finance to establish a separate fund, independent of General Fund to hold revenue from gas and oil well leasing. They have further indicated that these funds may be considered for one-time projects requiring Council approval Jo Kuhn stated that she thought it was important for the Board communicate to Council that it is the desire of the Park Board that revenue collected from park land be used for improvements to parks and not other city projects. ACTION: Jo Kuhn made a motion to recommend approval of the extension and asked that consideration for the funds from the gas lease agreement be used for one-time projects related to the parks. Allyson Coe seconded the motion and it was passed with a vote of7-0. - 2 - DISCUSSION ITEMS Senior Center Expansion Planning - Bob said the five-year Capital Improvement Bond program passed in January 2005 is phased over the five years with projects coming available for funding through the period. The $1.9 million Senior Center project is funded in three different financial years. The first fiscal year 2006 begins the planning process with $195,000 budgeted. In fiscal year 2007, $400,000 is authorized and in the third year of funding, 2008, $1,305,000 is provided. Staff is in the process of issuing a Request for Proposals to planning and architecture firms for a total evaluation of the Denton Senior Center programming, space needs and type of facilities that will be needed in the future to keep pace with the growth of Denton. The feasibility study will determine facility and site issues related to expansion at the existing site and provide a number of solutions for consideration. It is expected that the consultant will consider solutions beyond expansion of the existing facility as well. Terry Frushour has agreed to serve as the representative of Denton Senior Center Advisory Board throughout the process and will work closely with staff. Janet stated that staff would communicate regularly with Senior Center participants throughout the process. DIRECTOR'S REPORT Project Status Report - Bob commented that the Avondale Park bridge project is moving forward. Keep Denton Beautiful- Nicole gave an update of the KDB activities. There being no further business, the meeting was adjourned at 7:13 p.m. - 3 - AGENDA INFORMATION SHEET AGENDA DATE: October 17,2006 DEPARTMENT: Planning and Development Department ICM: Howard Martin, 349-8232 .. SUBJECT - Z06-0020 (Muir Addition) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 5.61 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The property is generally located west of State School Road, north of the Oakmont II subdivision, and east of the Denton State School. The Planning and Zoning Commission recommends approval (5-0.) BACKGROUND Applicant: Thomas Muir, 2438 Lillian Miller Parkway, Suite #200 Denton, TX 76205 On September 13,2006, the Planning and Zoning Commission reviewed the request for rezoning and recommended approval of the zoning change (5-0). The proposed rezoning includes an overlay district containing the following restrictions and conditions: · Only professional service and office buildings, administrative or research facilities, and medical centers are permitted; · Building footprints shall not exceed 10,000 square feet; · Buildings abutting existing residential structures are limited to single story; · The southern 3.11 acres will be developed in accordance with the general regulations standards (Development Code 35.5.2.3) of the NRMU-12 zoning district class; and · A ten-foot high wooden screening fence, with the smooth side facing residences, shall be built along the entire southern property line upon the construction of a new building on any lot that abuts the southern property line. The applicant met with the property owners twice, once on August 2, 2006 and again on August 30, 2006. The applicant also met with the Oakmont II Homeowners Association Board on August 23,2006. He met with the property owners and the Board to present his rezoning request and to gather input. The applicant is including an overlay district with the proposed zoning change to address the inputs of the property owners regarding multi-family and retail use, size of buildings and screening. The majority of the property owners that attended the August 30,2006 public meeting were in acceptance of the zoning change with the overlay district restrictions on uses, building footprint, and building height abutting existing residential structures and additional landscaping requirements on the southern 3.11 acres and a ten-foot wooden fence along the southern boundary. Staff notified property owners within 200 feet of the Planning and Zoning public hearing. Public notification and property owner responses are provided in Exhibit 3. As of this date, staff has received two "in favor" and one "in opposition" from property owners within 200 feet of the subj ect site. OPTIONS 1. Approve as submitted 2. Approve with conditions 3. Denial 4. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0). PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) August 9,2006 Planning and Zoning Commission Public Hearing September 13,2006 Planning and Zoning Commission Public Hearing EXHIBITS 1. Staff Analysis 2. Existing and Proposed Zoning Maps 3. Public Notification Map 4. Site Photographs 5. Letter of Intent 6. Photos of Sample Single-story Office Buildings 7. Overlay District Restrictions and Conditions 8. September 13,2006 Planning and Zoning Commission Minutes 9. Ordinance Respectfully submitted, ~~ Kelly Carpenter Director of Planning and Development EXHIBIT 1 Staff Analysis Summary of Zoning Request The applicant is requesting the rezoning of approximately 5.61-acres of land from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district. The applicant is including an overlay district with the proposed zoning change. The overlay district will limit the uses to only professional service and office buildings, administrative or research facilities, and medical centers. Additional restrictions include limiting building footprints to only 10,000 square feet, buildings abutting existing residential structures are limited to single story, the southern 3.11 acres will be developed in accordance with the development standards of NRMU-12, and a ten-foot high wooden screening fence, with the smooth side facing residences, shall be built along the entire southern property line upon the construction of a new building on any lot that abuts the southern property line. The property is generally located west of State School Road, north of the Oakmont II subdivision, and east of the Denton State School (see attached Existing and Proposed Zoning Map). Existing Condition of Property The site is currently undeveloped. Adiacent zoning and land use North: Planned Development (PD); Developed with single-family residences South: Neighborhood Residential 4 (NR-4); Developed with single-family residences East: Planned Development (PD); Developed with single-family residences West: Neighborhood Residential 2 (NR-2); Developed with institutional use (Denton State School) Comprehensive Plan Analysis The site is located in the "Existing Residential/Infill Compatibility" future land use area of the Denton Plan. A description of Existing Residential/Infill Compatibility reads as follows: "Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. " Development Review Analysis as per the Development Committee Access and Capacity Connectivity to the west will be provided through a common access drive. The northern common access drive will be in line with Winston Road across State School Road. State School Road is a Residential Street. Additional right-of-way will be dedicated during the platting process to ensure adequate street width. A minimum six-foot parkway and an eight-foot sidewalk will be required. A traffic generation study will be required at the time of preliminary plat. Public Infrastructure A drainage study will be required at the time of preliminary plat. There is currently a utility easement and a 12-inch reuse line along State School Road. Sanitary sewer is available through a 27-inch sewer line to the west of the property. Water is available through a 12-inch portable water line along State School Road. Development Code/Zoning Analysis The following table highlights the differences in uses between the NR-2 and NRMU zoning districts. The NRMU zoning districts permits commercial use and higher density residential. Residential Land Use NR-2 NRMU Categories Agriculture P P Livestock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units SUP N L(1 ) Attached Single Family Dwellings N L(40) Dwellings Above Businesses N P Live/Work Units N P Duplexes N N Community Homes For the Disabled P P Group Homes N SUP Multi-Family Dwellings N SUP L(4) Manufactured Housing Developments SUP N Commercial Land Use NR-2 NRMU Categories Home Occupation P P Sale of Products Grown on Site N N Hotels N P Motels N N Bed and Breakfast N P Retail Sales and Service N L( 17) Movie Theaters N N Restaurant or Private Club N L( 11 ) Drive-through Facility N SUP Professional Services and Offices N L( 17) Quick Vehicle Servicing N SUP Vehicle Repair N N Auto and RV Sales N N Laundry Facilities N P Equestrian Facilities SUP N Outdoor Recreation P SUP Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N L( 14) Broadcasting of Production Studio N L( 14) Sexually Oriented Business N N Temporary Uses L(38) L(38) Industrial Land Use NR-2 NRMU Categories Printing / Publishing N N Bakeries N L(21 ) Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels L(37) N Veterinary Clinics L( 14) P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells L(27) SUP L(27) Institutional Land Use Categories NR-2 NRMU Basic Utilities L(25) L(25) Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP P Business / Trade School N L( 14) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N SUP Colleges N N Hospital N N Elderly Housing N P Medical Centers N P Cemeteries N N Mortuaries N N The chart below illustrates the differences between the NR-2, NRMU and NRMU-12 zoning district development standards. The following limits apply to subdivision of 2 acres or less: General Regulations NR-2 NRMU- NRMU 12 Minimum lot area (square feet) 32,000 3,500 2,500 Minimum lot width 80 feet 30 feet 20 feet Minimum lot depth 1 00 feet 80 feet 50 feet Minimum front yard setback 20 feet 1 0 feet None Minimum side yard 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 1 0 feet 1 0 feet None Minimum rear yard 1 0 feet 1 0 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations NR-2 NRMU- NRMU 12 Maximum density, dwelling units per acre 1 12 30 Minimum side yard for non-attached 20 feet 1 0 feet 12 feet buildings The following limits apply to all buildings: General Regulations NR-2 NRMU- NRMU 12 Maximum lot coverage 30% 60% 80% Minimum landscaped area 70% 40% 20% Maximum building height 40 feet 40 feet 65 feet 1 0 feet 15 feet 20 feet plus 1 plus 1 plus 1 foot for foot for foot for Minimum yard when abutting a single- each each each foot of foot of foot of family use or district building building building height height height above above above 20 feet 20 feet 20 feet The overlay district will limit the uses to only professional service and office buildings, administrative or research facilities, and medical centers. Additional restrictions include limiting building footprints to only 10,000 square feet, buildings abutting existing residential structures are limited to single story, the southern 3.11 acres will be developed in accordance with the development standards of NRMU-12, and a ten-foot high wooden screening fence, with the smooth side facing residences, shall be built along the entire southern property line upon the construction of a new building on any lot that abuts the southern property line. EXHIBIT 2 EXISTING ZONING MAP o MAP NOT TO SCALE PROPOSED ZONING MAP o MAP NOT TO SCALE EXHIBIT 3 PUBLIC NOTIFICAITON o MAP NOT TO SCALE Public Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Certified Notices sent via Regular Mail: Number of responses to 200' Legal Notice · In Opposition: 1 · In Favor: 3 · Neutral: 0 7/28/06 30 62 Percent of land within 200' in opposition: 0 0/0 * A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 EXHIBIT 4 PHOTOGRAPHS Subject site looking southwest. Subject site looking northwest. Residential development southeast of subj ect site. Subject site looking west. Residential development northeast of subj ect site. Access gate into subject site. EXHIBIT 5 LETTER OF INTENT RENCH & MUIR FJN"AN"ClALADVISO~ 1N'c. REGISTERED JNVB&I)dENT ADVJSOIl July n, 2006 City ofDentoo PJaaniDs A ~ DepIrtmeal 221 N. FJm Dealoa. Texa To Whom It May Concem: 1he J1II1PD8O of tbia letIa' is 10 oudiDe the int....-J ... b the S.6H- .::res I)tias aD-1be west side of Slate Scboal Road. As I discaIsed wiIb Roll )f~ lIlY iDiIia1 DIe will be . siaale profeRIoaal omce bm1&. of. around 5.000 aquam feet set 00 the ~ portiOll of die property. 1hi& buiIdiq will bcQse my profeaioDal offiee and would be 8 IiDJIe1Iory resiMmtiAl style office bujldi-.-g, I nm. a fee-bued fin~al pllmliDg aDd - iavesbDeDl msmApnwlt finL We meet clieaII by appnilllmMf ooIy, so tber8 wou1d be lJPl1raflic to this baildiDg. My iDtaded faIurc deveIopmeat of die property would be simil.8r 10 Ihe iDidal ~ Since my office will be located on site,11lave a vested imaaI in eIlJDIiqg d1at Ibe quality of oaber cleveIqMDeDI is in IiDD with the iDitiaI buiIdiD& aDd its intendad UICL J would aodcipaIe Ibis deve1opme11lto be otber p-"'~gl offices.. Tbillevel of cIeYelopmeDt is my marimlnn iDtaIded use. There is tbe poteatipl Ibat tbe 80Idbrm portioo oldie pr~ miaht be usecl for RAi~.l purpoIOI which the Ie9Ie1ted ZODiDs cb&ge woa1d sliD allow aDd would be m a "lower" UIC 1ban the ClllRlldy ..~ ofIice buildi.... In IKIdXi.oD. I meotiooed in my letIer to the IIJD'OUIIdiq: prGpaty owners 1hat it 11'88 my iDt.eat to .aain IDBDY of Ibo large trees 0II1he property. especiall, tboso qaceot to cDIIeIIl resideIIcef ~ I hope 1bis sIatemMt of inteDt wiD help you as JOU COPIW die ID!Iits of Ibe zooiq request. 1haDt)'Oll fer )'O\W help widr. Ibis maIter. SiDcerely. ~l!"A !#~ Thomas Muir, CPA. CFPe 1438 UII&n MdIer PIcwI Salle l(ll · Deama. .... 762D5 · (NIJJ 381.75Z6 · PAX (940) 484JJD79 EXHIBIT 6 PHOTOS OF SAMPLE DEVELOPMENTS EXHIBIT 7 MUIR ADDmON OVERLAY DISTRICT Overlav District Limitations: The overlay district shall allow only the following uses: a~ Professional seMce and office buildings limited to 10,000 square feet footprint and., to the extent a building is built abutting existing residential structures, the building shall be limited to a single story ~ b~ Admini~trative or research facilities limited to 10,000 square feet footprint and, to the extent a building is built abutting existing residential structure~ the building shall be limited to a single story. c~ Medical centers limited to 10,000 square feet footprint ~ to the extent a building is built abutting existing residential structures, the building shall be limited to a single story~ d lbe southetn 3.11 acres will be developed in accordance with the general regulations standards (Development Code 3SttS.2~3) of the NRMU-12 zoning district c1ass~ e. A ten foot high wooden screening fence, with the smooth side facing residences, shall be built along the entire southern property line upon the construction of a new building on any lot that abuts the southern property line. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Condensel t 1M Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER STRANGE; Next item will be 1 our public hearing section of our Agenda~ For those of 2 you new to our meetings, we do have a procedure here that 3 if you wish to speak on any item that's on the public 4 hearing Agenda, you will need to fill out one of the 5 yellow cards that you will find outside. Be sure and note 6 at the top of the card the item that you wish to speak 7 about and then hand that in down front, and then when we 8 get to that item on the Agenda, then we will call you up 9 and you'll have the opportunity to speak. 10 Our procedure is that you have three 11 minutes to speak. You will have two minutes . You will 12 hear a sound. At that point, you know you've got one more 13 minute.. And you can \Vl'3p up your conunents and we do like 14 for you to confine your conunents to three minutes, if you 15 can, please. 16 So we will now begin the public hearings. 17 The first item on our public hearing agenda is to consider 18 the rezoning of approximately 5.61 acres from a 19 Neighborhood Residentia12, NR-2 zoning district to a 20 Neighborhood Residential Mixed Use, NRMU zoning District. 21 Mr ~ Menguita. 22 MR, MENGUIT~ Good evening, Chair and 23 members of the Commission, the Muir Addition is -- this is 24 the second time it's been -- this will be the second time 25 Page 7 district would be professional service and office buildings, administrative and research facilities and medical centers. He's also agreed to limit the allowed maximum square feet -- square footage of a building to 10,000. Any existing or any proposed building adjacent or abutting an existing residential structure would be limited to a single story. And again, the southern 3.11 acre site on the southern part would -- would follow the general regulations of NRMU-12 and that is in regards to the lot coverage and the landscape requirements, again, to help with the buffering of that southern property. And he's also agreed to a ten-foot fence. Once a building is proposed on the southern part, abutting the southern boundary, a ten -foot fence would be constructed along the entire length of that southern boundary . I r d also mention that he s met with the property owners twice, once August 2nd as well as August 30th and has addressed all the inputs that he's received from the public and addres sed them by using the overlay district and the restrictions and conditions that he r s proposed today. And if there are any other questions, I'd be happy to answer them. COMMISSIONER STRANGE: Any questions of Page 8 staff? Okay. Thank you. Okay. We will now open the public hearing. Is the applicant here and do they wish to speak? Please come forward and give us your name and address. MR. MUIR: MY name is Thomas Muir. My address is 203 North 9th, Sanger, Texas 76266. As Mr. Menguita indicated, we've been here before, so I r 11 try to abbreviate the comments but just to make sure that some of the key points are hit, I want to touch on them. We did change the requested zoning. It's more of a semantic issue and kind of at the request of staff, we put an entire uniform zoning over the property and then came back with the overlay district and, basically, laid over the same restrictions that we had with the two zonings. If you f 11 notice on the southern 3.11 acres, it's basically limiting development in accordance with NRMU~ 12 which is less intensive than the NRMU. So kind of a semantics game there, so there's no significant change. Since our last meeting, I actually had an additional meeting. I met once with the Homeowners Association Board of Oakmant 2, which is the southern property owners there that -- on the southern border and all of that area, and then they e-mailed out and communicated with their board and put it on their signage. And then we had the neighborhood meeting PLANNING & ZONING REGULAR SESSION, SEPTEMBER 13, 2006 Page 6 it will be here for public hearing. It was here 1 originally back in -- August 9th, and we are here to 2 listen to the zoning change request. 3 The applicantts asked that he amend his 4 original request from NR~2 to NRMU and NRNfU-12 to just 5 NRMU as it is. He... let me just start by describing the 6 site~ The site is bounded by State School to the east. 7 Oakmont 2 to the south, State School to the west. The 8 current zoning as you had stated is NR-2. The proposed 9 zoning will be NRMU for the entire site. Also, shown on 10 the exhibit is the proposed 2499 as it is currently 11 proposed. The southern boundary, which I will discuss in 12 greater detail, the 3.11 acres reflect the overlay 13 district that the applicant is also including in the 14 zoning change. 15 The current Denton Plan designated land use 16 is exi sting land use. As of 4: 00 0 t clock today we 17 recei ved only one opposition to the letter, certified 18 letters that we sent out requesting their opinion on the 19 wning change. That address is identified in red~ These 20 are some photos of the site as they exist today. 21 With that, I want to go over the overlay 22 district that is included with the zoning change. The 23 applicant is proposing that the only permitted uses that 24 will be allowed under the zoning -- or this overlay 25 Page 5 - Page 8 Page 9 Page ] 1 1 following that Before the neighborhood meeting, I also 1 COMMISSIONER STRANGE: That' s the only card 2 went across State School Road and personally walked those 2 we have. Is there anyone else who did wish to speak on 3 residents, rolled a flyer and put it on their door for 3 this that did not fill out a card? We will close the 4 that street that lays parallel with State School Road, 4 public hearing. Do we have a motion on this item? 5 Winston Drive and then the one that lays parallel, so 5 COMMISSIONER THOMAS: 1111 move approval. 6 probab ly 20 different residents there that I put flyers on 6 COMMISSIONER STRANGE: We have a motion by 7 that were noticed on the neighborhood meeting. 7 Mr. Thomas. Do we have a second? 8 Held the neighborhood meeting, were able to 8 COMMISSIONER EAGLETON: second. 9 address all of the concerns pretty much there. We did add 9 COMMISSIONER STRANGE: We have a second by 10 the addition of the ten -foot high wooden screening fence 10 Mr. Eagleton. We have a motion and a second. Any 11 at that point in time. It would be built at the point in 11 discussion? Seeing none; please vote. Mr. Eagleton, your 12 time when any structure is going to be built along that 12 vote did not register. Okay. There you go. And the vote 13 southern property line. The entire fence would be built 13 passes 5-0. 14 at that point. That's what the agreement was with the 14 15 property owners. 15 16 So I think we've tried to go above and 16 17 beyond meeting the residents. needs and their concerns, 17 18 increased some of the buffering. Have very restrictive 18 19 uses that are low intense and very professional looking. 19 20 We're looking to put residential-style buildings; 20 21 professional-type buildings; if you recall from last time. 21 22 So very neighborhood friendly development; no retail, no 22 23 multi-family. I~... for the property I plan on building my 23 24 own personal professional office there. So I have a 24 25 vested interest in the future development of the property 25 Page 1 0 Page 12 1 in a good meastrre, so -- and making sure it's compatible 1 2 with what my office looks like, so it should be a good 2 3 development. 3 4 So in conel usion, I think it t S a reasonable 4 5 request. It's a good use of the property especially with 5 6 2499 coming through there, the additional traffic there. 6 7 It does buffer some of that traffic from the residents as 7 8 well, provides that buffering, and with the additional 8 9 meetings, I think we've satisfied everybody. 9 10 So I don't think Mr. Menguita mentioned it, 10 11 but I think they also have received two favorable notices 11 12 from residents in that 200 foot range, also. So -- and I 12 13 have received a couple of e-mails from, actually, people 13 14 on the southern property line in appreciation of working 14 15 with them, and so I think -- I really think wetve done a 15 16 good job there. Thank you for your time. Any questions? 16 17 COMMISSIONER STRANGE: Any questions of the 17 18 applicant? I would like to say based on the amount of 18 19 opposition that you had last time and the fact that we 19 20 tabled this, that you had the opportunity, I think you've 20 21 done a nice job with communicating with the neighbors as 21 22 evidenced by the fact that they're not all back down here 22 23 tonight. 23 24 MR. MUIR: yeaht I appreciate that. It t s 24 25 nIce. 25 Condenselt 1M PLANNING & ZONING REGULAR SESSION, SEPTEMBER 13, 2006 Page 9 - Page 12 s: \Our Documents\Ordinances\06\Z06-0020.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 5.61 ACRES, GENERALLY LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF THE OAKMONT II SUBDIVISION, AND EAST OF THE DENTON STATE SCHOOL, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (206-0020) WHEREAS, Thomas Muir has applied for a change in zoning for approximately 5.61 acres of land, legally described in Exhibit A, attached and incorporated herein (hereinafter, the "Property"), from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation: and WHEREAS, the City Council makes the following findings: a~ The change in zoning, including the overlay district, is consistent with the Comprehensive Plan; b. The overlay district will protect and enhance the Property and surrounding area which are distinct from lands and structures outside of the overlay district and the immediate neighborhood; c. The regulations imposed in the overlay district serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the overlay district, while offering a different type of residential home to the public and the neighborhood; d. The conditions associated with ~35.5.2.4 of the Denton Development Code for imposition of a Mixed Use Residential Protection Overlay are found to be met, that the conditions proposed are intended to address the concerns of adjacent residential uses for the proposed nonresidential mixed use, that the imposition of these additional conditions serve to address those concerns,.. and that the applicant has consented to them as additional zoning requirements; and WHEREAS, on September 13, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTO~ HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classification and use designation of the property legally described in Exhibit A, attached and incorporated for all purposes herein (the "Property"), is hereby changed from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district containing the following restrictions and conditions: a. Only professional service and office buildings, administrative or research facilities, and medical centers are permitted. b. Building footprints shall not exceed 10,000 square feet c. Buildings abutting existing residential structures are limited to single story. d~ The southern 3.11 acres will be developed in accordance with the general regulations standards (Development Code 35.5.2~3) of the NRMU-12 zoning district class. e. A ten-foot high wooden screening fence, with the smooth side facing residences, shall be built along the entire southern property line upon the construction of a new building on any lot that abuts the southern property line~ SECTION 3. The City's official zoning map is amended to show the change in zoning district classification and use designation, including the existence of imposed overlay requirements. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any cour:t, such invalidity shall affect the validity of the 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 disti~ct offense. ~ SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record.Chronicle, a daily newspaper published in the City of . Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. ~ BY: EXHIBIT A , All that certain 5.606 acre tract, or parcel of land situated in the MEP & P RR Co.. Survey) Abstract No. 950 and the S. IIembrle Survey, Abstract No. 643, Denton County, Texas; said tract being part of those tract described in deeds to Robert H. Mitchell~ et ill(, and recorded in Volume 394, Page 3 (First tract) and. in Volume 356, ~Page 100, of the Deed Records of Denton County. Texas and being more particularly described as follows: Beginning, lor the North corner of the tract being described herein at an iron pin set for the North comer of the said First tract described in Volume 384, Page 3; said point also being.in the West line of State School Road as occupied; Thence Southeasterly with said West line of State School Road as occupied, the following calls: A. South 34 degrees 22 minutes 40 seconds East 61.0 feet; B~ South 37 degrees 46 minutes 20 seconds East 49.9 feet; c. South 41 degrees 41 minutes 50 seconds -P..a.c;t 50..0 feet; D. South 46 degrees 41 minutes SO seconds East 50.0 feet; E. South 46 degrees 51 minutes 50 seconds East 100.0 feet; F. South 46 degrees 09 minutes 10 seconds East 100.0 feet; G. Soutl143 degrees 56 minutes 40 second..~ East 100.1 feet; II. South 42 degrees 15 minutes 40 seconds East 99.9 feet; L South 40 degrees 50 m.mutes 40 seconds East 50~O feet; J. South 37 degrees 01 minutes 50 seconds East 49.9 feet; K. South 34 degrees 18 minutes 50 seconds East 50.0 feet; L.. South 29 degrees 00 minutes 40 seconds East 50~O feet; M. South 21 degrees 56 minutes 1.0 seconds Ea<rt 49.9 feet; N.. South 17 degrees 11 minutes 30 seconds East 50.0 feet crossing the South line of th.e said tract to an iron pin for comer; Thence South 82 degrees 26 minutes 30 seconds West 580~3 feet to an iron pin set in the ground; Thence North 00 degrees 44 minutes 50 seco.nds East passing at 25~O feet an iron pin found at a fence comer post for the Southwest comer of the said tract and continuing along said course a total distance of778.3 feet to the point of beginning. AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2006 DEP ARTMENT: Planning and Developmen_t Howard Martin, 349-8232 ~ .. ICM: SUBJECT - Z06-0003 (1-35 RV Center) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 2.0 acres of land from a Regional Center Commercial Neighborhood (RCC-N) zoning district to Regional Center Commercial Downtown (RCC-D) zoning district. The property is located on the west side of I-35N north of Schuyler Drive. The Planning and Zoning Commission recommends denial (4-1). This items requires a super majority. BACKGROUND Applicant: 1-35 RV Center Denton TX. The request will increase the size of the adjacent RCC-D. Existing and proposed zoning maps are provided in Exhibit 3. Public notification and property owner responses are provided in Exhibit 4. As of the date this staff report was drafted, staff has received one response in favor of the request and no responses opposed to the request from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted 2. Approve with conditions 3. Deny 4. Table item RECOMMENDATION The Planning and Zoning Commission recommends denial (4-1). PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On May 13, 2003 the City Council approved a request for zoning change of approximately 6.0 acres of land from a Regional Center Commercial Neighborhood (RCC- N) zoning district to a Regional Center Commercial Downtown (RCC-D) zoning district on property immediately north and west of the subject property. EXHIBITS 1. Staff Analysis 2. Aerial Maps 3. Existing and Proposed Zoning Maps 4. Public Notification Map 5. Site Photographs 6. Letter of Intent 7. Planning and Zoning Commission Minutes 8. Ordinance Respectfully submitted, ~~ Kelly Carpenter, AICP Director of Planning and Development EXHIBIT 1 Staff Analysis Summary of Zoning Request The applicant is requesting a rezoning of approximately 2.0 acres of land from a Regional Center Commercial Neighborhood (RCC-N) zoning district to Regional Center Commercial Downtown (RCC-D) zoning district. The property is located on the west side of I-35N north of Schuyler Drive. Existing Condition of Property The site is currently undeveloped. Adiacent zoning and land use North: Regional Center Commercial Downtown (RCC-D); RV sales and service South: Regional Center Commercial Neighborhood (RCC-N); Undeveloped East: Regional Center Commercial Neighborhood (RCC-N) and Neighborhood Residential Mixed Use (NRMU); Undeveloped West: Regional Center Commercial Downtown (RCC-D); Undeveloped Comprehensive Plan Analysis The subject site is currently located in the "Regional Mixed Use Centers" future land use area of the Denton Plan, which reads as follows: "For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. " The requested RCC-D zoning district is consistent with the Regional Mixed Use Centers land use designation in the Denton Plan. Development Review Analvsis as per the Development Committee Access and Capacity Additional access to the site will require TxDOT approval. Development Code/Zoning Analysis The following table shows the land uses differences in the existing RCC- N zoning district versus the proposed RCC-D zoning district: All other uses, whether permitted or not, are the same. Land Use EXISTING PROPSED RCC-N RCC-D Motels P N Bed and Breakfast L(9) P Retail Sales and Services L(13) P Vehicle Repair N P Auto and RV Sales N P Administrative and Research L( 14) P Facilities Bakeries L(21 ) P Light Manufacturing N L(23 ) Veterinary Clinics L( 14) P Business/Trade School L( 14) P L(9) - Not to exceed 15 units L(13) - Not to exceed 55,000 sq ft L(14) - Not to exceed 10,000 sq ft L(21) - Not to exceed 2,500 sq ft L(23) - Light manufacturing of products sold on site permitted, manufacture area not to exceed 5,000 sq ft N == Not Permitted P == Permitted The chart below illustrates the difference between the RCC-N and RCC-D zoning district development standards. The RCC-D district allows for more height and density and smaller setbacks. General Regulations RCC-N RCC-D Minimum lot area (square feet) None None Minimum lot width 20 feet None Minimum lot depth 50 feet None Minimum front yard setback 1 0 feet None) Minimum side yard 6 feet None Minimum side yard adjacent to a street 6 feet None Minimum rear yard None None 30 feet 30 feet plus 1 plus 1 foot for foot for Minimum yard abutting a single family each each foot of foot of use or district building building height height above above 30 feet 30 feet Minimum residential unit size 500 SF 500 SF Maximum FAR 1.5 3.0 Maximum Density, dwelling units per 80 100 acre Maximum Lot Coverage 85% 90% Minimum Landscaped Area 15% 10% Maximum building height 65 feet 1 00 feet The uses and development standards contained within the proposed RCC-D zoning district are in character with the surrounding zoning and comply with the Denton Plan. Staff recommends approval of the requested zoning change. EXHIBIT 2 AERIAL MAPS EXHIBIT 3 EXISTING ZONING MAP PROPOSED ZONING MAP EXHIBIT 4 PUBLIC NOTIFICAITON 500 FT BUFFER 200 FT BUFFER Public Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Notices sent via Regular Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 1 · Neutral: 0 8/31/06 3 4 EXHIBIT 5 SITE PHOTOGRAPHS Subject Site and Property to the South Subject Site and Property to the North EXHIBIT 6 LETTER OF INTENT I4S RV CENTER eta .~ l&..,,~-....R.Y~ 72J I. .....--......., -. ,...". (Nt) 451 ~ .. aJ-S5 ~--- ... 7DIn ... (MIl) I1I-4lSS ""'tJI"*'* ""..... . 'or ,..IIV ..... ___ """,~-t &.aI Danlwt, T_.,., PfIMtt8 _.",., DIll.. T.. D8IJny n.V'~ .." lire..... l1li.___ 01145 RV OInflsr ilJ1lIJ tit GO, NtItIIJ ,.. ...ref .. ID ,.,.... 2.57 __ ,....., 10 fJW .....\1l1f ".,.... .",.".... ... - 1# ~ 1. ~ --. wa OW... ,. ID .... 0lIl' ..... A..4I1I)r-, ".,,. a....nIJ.. ~--tl.~ T........ O&r DIInIDfI baJ.tbn.. TIle ..,., IGdfIQ lelllCCN IIIIiGfI *1_.1 ... RV s..... DIe CIy Coutd __4 .. ........ 01 our .hi.., ,.,... ... RCCN III ROCD Ilt AI8y 2CJI3.(~~~. JtjJa r fr" ,. ". ..,.,1If It b_tI 011 ,. ...,.,., ,.""",.10 .. ... Md ,.."., 01", 11_ "'*" .~MJy""" RCXn M public J.1RJJ.. ._:lL__ __~ ..JMI)r. EXHIBIT 7 - PLANNING AND ZONING COMMISSION MINUTES CoacIaaseIt'IM Page 4] Pqc 43 I ~1lIIt.UlG8l Mm i1Iem 011 GIll' I lntcaticlIL n. ___ _II: IlIt idle far _10.. wu be 2 .AfeItda will be: lIem. No. 4C, ... i.. tbcrezmlos t4 2 wu worIdDs with tJat propcny ~ 10 elm' __ tbd 3 8P.JIIUIIbI1d,y hwI&CIa fium, I ftIicad calI;r GOIDlIICI'dal 3 1V:)oacn piece" _ far __ n:uoa it,jlst1Dl 01 · ,..,.~ _Ill" cUIIrIct t:ll ...... c:eD1S 4... fir ~ IDlIIthIwifDd;", bwud. hilt his 5 ~d.d dowIDMl JICllIiw diltril:t, Mr. RUlscIl. j cqa.a aJIDIIIClII: 1D..,.. _lIB.. hildil'lt. baDdfar 6 lalDliEU.:: .... CIIIir, ~ ci 1bc ~ for b JIlq(lIID or savidDa: ., afcb III1llllOtjasl .- 1 PbaiDr.. ZoniJI& Chnmv. Y'D' :r&tII'.OIliDg calC; the 7 addfdonal pnro:l arm b ..... 8 tuhjllct JlIUIICIdY illlpJlIUXimnI,p NO 'CX8 iII.ize,. If, 8 ~lr1'IlANCle: wcI, I...... Jib: 9' lxaIcd OB die 'M:Bt IidD ~ 1-35 DDrIh.. .', DCdlllld 9 I say. my conoera illIfI is ODO of tbc DI8ia. m1r8DCeI JO WlJIt of'Wiadsar md eJucllDltb of SabuyIrr bid. ADd 1he 10 into <IUI' Oily, ...., tIq'...... cbInJ llbI: 1Im:..1o U pmpat,y i ClImIdI;y........ It iII_ toulllCi an 11 me, it. IIOIllClIllIuclhaf tIID....... ~~ IooIdDJ at J2 ed8dna 1-35 -1Ilc (-35 av RrVfGc... 8Dd you caD 12 aut 1"MlIIId. balD CIp8l1lI this _ 011110 fill wo 'WOIIJd be 13 leelOllIbc_. din, .. - wllrmdl:cddiDs 13 prcIiIc:nIiI:w;..... tncat. lIpIlCImIIcr;flQalbc frawey. 14 C*1ItI' is aDd lIbc pqterIy both to 1M IOUlhwott ad 0IIt 14 MIl ~ 111: just walked .in the door.. IS ErCIII J-J,S arc IIso un&wdoped. 15 nc IIppticant is .bent. 16 .BxKlJJs ZDDiag Is acQIaad 8l:II'CIIIDdaI by J 6 CCMMIS8IONIR smANaB; oh. oby. Let. 17 mm8Dd m::NCIl 1M: welt Iide of J.35~ "I1I= illGMU 10 17 fIDUh. Any oCher quee..w. of...m J 8 ..... 8CtON 1..35.. no tcquart iI b mDIIC Ibat two 18 JA& C!Al:PEN'l'BIt: Mr. ~ J did MIlt 10 19 ItftIlJ to JlXD.... ~ iI.fIh 1bI1I48at pIqICrIy to 19 uk Mr. RuIseD. cIIriMIt ll1IllIIbt. -)'aU IIIyiDs .in 20 Ibo WIlIllIlllI bdIB IIOIIb for Ihc (lUqIOIClI of tIIlJlUIlIi.q: 2Cl aDIWlII'1I) .., cWrmIm, II1II lie: ClOIlId ~ 10 perk 1bc 21 1110 Cldatiq; IlVtlCII1l:r. I bClIicwI....WIIl12D t;:0DItnIct 21 1DJhi1c, lIIc IlVlI (Ill _.... or dcellIe", to ~ .... 22 a ..-vIce 6IcIIk7 tIB-e ill additiCII tQ ... rI JIVI at 22 .._lot? 23 daB ~ 23 I&ltU.aBI.L: l<<l. ht weald be.requiroJ to 2..a A couple tJI piotufOJ of tile -jxt 24 im.pJvyo tbo 1Irf--. If bo ... to cnmd tk B.V~_ 2S popcrty dill; .. ~ fJaeUy, b DDti6ca1icJD. 2S aillins IlIe 10 Ibe IOUIb: on to lID. jD'OpCdJ,. he wuaId he P8ge 42 Page 44 I Thn:lc DllIiDIlII.... lUlO Jqer1J .... tihin 200 fi:d. 1 telJIlted to bprcwo tho __ I GlllIldIl't be pmIro:I_ 2 1'kN W8I ODD III favm' .m 110 - IIOQD III aJIPOIbion. ar 2'" could8-11Je pIdB:I m. gra.., ADd]a..be could 3 lQim110 lIIca.1llllbltiall. SIIIf III :IU1WOdof tbD i ~ Ibc ~In.. 11111 "'FUII- '*, if1latwa. 4 reqIIDIL We feel dial ., JODiDa alrvbulyi is ... Ills ~ 5 C!CIrJIinm willi W'IIara in the adjIcr.m 81aI . well . S Tbi. a:r.cmiQI would IIIow INd. .. aad. " beiIw ~1 WIll. _1m . ~..._. iod ill the DcDIoa Ii tI:nice of... .... BY-1ypa UJCS. 7 .PJaa~ rn be happy to 8I1I\YII' lAY q.....L 1 ~1mANOI: WlJU'ldm I COOIt8IIoNER ST.RAND!: ADJVDe IlaYe .,. 8 clcfaitiaa rI an impmycd IlDIIce? IIIb11 met? 9 qUCldcD of &tatt7 I IIavc 011& Wbat ue dIIlpJdlclllltl 9 11& IlIISSItt.: De drift, ..b would have 10 pial for dB. pq1Cl'ty1 II dill safD8 to 118 dewIoped or 10 to be CCIIICR&. My ~ iamlbe Ia. I J bccnIe I DOIi:e.]'DIl drive 0Ul1heao now, I dca't bow I J CCIIt"VOIadoa I b8c1 wkh dID,.... 81: 1bB buiJctina 12 how far dlcyw apaadcd doWI da-o ia die propczty that 12 oftJdal'. omce wu ....1 tIIO UC8I '*n I1K: ~c8 13 dIey owa or 11M' amc&L but a bm dIoIc maalioD 13 ue)IIIdDiL IOIIICtiJID .,. do DCCCpt sraveL J doll', bow' 1-4 whieIes M: - loot .. IkYm pmkaI In the middla at J 4 If be: wauJd ba_ tJ c:cn:ac ~ wtoID ~ but IS · pIIlta& II.... 'What WRI - .. 1ft: zoaiIa 1biI 80 we ] S dd'"'miIdy dIG driYe IiIIrI would bI've 10 be CODtJde. 16 cculdjbst c:R:ad &II padciDs Ii>wD Jato 1ho l1li1104 the 16 ~ I1KANOa .,.u. liD I IIY. II 17 )l8ItIIm _1 17 dl:eIQ't rlIow 'WII'Y dcBr 0111l1li ~ IIIO.d 011 my J 8 .... aU89f1L: What] 1II'.I11UId. aDd .. 18 ~dca or dJBt 1!IIt's DOl CCDCII:Ied putjaa: 9IIn J g. IppIIcsd was told - .. invbcd to lie IDa .... and I 19 1bose &VI are pMbd out 1fxn: JIOW. ~., Aay odxr 2G cbI'1scc'im, IJut dill: ~ as yolI can -= on the roaUw 20 CJlll!ltioBs of ltafrl CJbyI We walDOW opea Ilk pab6c 21 case IlUD'lber. ill,1IIImber 031 06,. DUuIba' 3, Irs .. 21 IICIriaa. II ~ IIppIicant lac BOd do 11m)' wislllo l!Ip8IIl1 22 Ikdna: idle mr a 101& ~ WIIsD he lint came in he 22 I&IBMILW; f'BIdgqf 23 4icI tell .. dad his iUzIioD 'MIll 10 hai1d a ElM' SC'Vke 23 00MMI&SICtfD S'DlAHCJE: I laid iJ Ibo ~ facility.dJD]InIJCIty.. DIlW lIo:11t11na'...1IIOUti be ...... 24 IIJlIllkaDt IDe &lid do b;y wish 10 lIJBIIr. 2! rqWr axI.mae of die ItY.L J believe dm's dI biI 25 ML bMRAm _I just lOt ~ 10 I PLANNING Ice ZONINO RBGDLAIt SBSSJON, SBPTBMBER 13.20G6 Page 41 - Page 44 CoudmueIt'IM Pap 4S Page 47 I cbJ.-.: bow wlllt _ trMIpdcL J -SSMIWJ: ciI" okay. ltm DIy. Pia DOt :2 ~ SDANaB: we jml-...t JO\1JI 2 a eompatcr say sa 11m DOt a=IJ &ood with "mouIa." I.cr I :J pubUc hMrMa:"1ac staff _ madD 11m report. 11Icm 3 101:. Obyl 1bc are. ... dilpll)"... wouI4 bel just 4 wen: IOIDC cp:adou .... ftll DmV JDDf ~ in .- . t-sieaUy .m.1ba& mow i. SOiII8 *=m111IIe &.Ind 5 ,ub!J,; ~ to IDBiD )'OlII' petitioo 10 111 for 1biI ZDDina S 1hc CDtrace would he rigIII bcte and wdd bhc putdrw fir 6 .. if)'OU. MJUld "10 1ddreI8111D CoIDmiaioD. " CIaIIDIners all 'II; way QIUII hem and 1br: buildiaa: would 7 1M. 88M8AU'~" ~ &r. 7 beaoKw SCIOIIlI:Ie ~ rlabI in 1bc middle. . IpCLfi:dy - 8 So M:td IImIID diIpIay MIl ... of die 9 COMNISSIQNBR srJIANoB: 1f)'VII. wmikt pleuo 9 wrJ oa the.-lde parlUllClcrll but wc~d lIave INvcI- tI 10 came forward. 1- she US JDIB' ..... 8D41ddreS1~ 10 WCI1ld be ahcU: 50 Ji:ct of IflWII t.eeauJe '-=.... to mvc II ML I8MRAU: MIle Scmn:, ad ths ackIMI II bit mucIl mam tor pa1dDg tba av't ADd...... CIIDI:IIt 12 Ie 4901 NcdtI ]"3S. .2 1\OUId 'be aD riIk.. he&. Wc~!Iave _. bi1 t1 13 COI.MaICIND IDtANQB; d ripL TJ.Dk 13 ~ JIX1 know, dDI wide aa :taa \VOIIi:I be ccm:m.. ]4 you. 14- ADd II far.)U1 baw, ~, the wide ~ we hno 15 ....8Ib&W'= AI far.. wbd1W!-=Pas1O 1$ ~.dl...d it 'A'OIkI DOl be CDIt~ 10 be a'bIB to do 16 be au. vim pllmnlna aft nxwiag our .facility 6rJm 16 tLat. CaaI!IIt is raa!IJ l!ZpeDSiYc IbeIe *,,1 11 ..... do\w to IlcImn. We have alaclity iB S... ri&bt 17 ~S1BANG8: Mr. SqieIoII. 18 IIOW' IIDd we ~ our fiftb ~ mcl tnUkn In Sap 18 ~ PAOlDOM: Tllank you. Mr. 19 IIIId also . srnicc FaciHr,lI So what we'. plMDiq 011 19 aMmm. 1l1It. IpiJt a _ of iafonaatioD. Janrms 20 ctoms. our ... is up Ia July in SaJIIF 8IId. wm 20 not IKaJ. ~ the 1Joud bctcxe. J'm .Gal mre what b - 21 ,...... IXI DWiDJ .. lKiUty dawu 10 DmIon oa. .. two 2J ,IDee tbit bu. \am nzODOd and 1biI may bel .,...,...:.. Gwd 22 8CICI - .. mw1be four..... 11>> two 8CRI riJIat in 22 MI. CcpcaIa- may DCalto bIWa'.1II)' ccmccm is die -_ .23 bIcIL So it would Dc a fauN.:re lIB.. die twO ~ in 23 IICt daat it is lIQ eDII)' pmt '" die Oty as well I 24 bKt KIt the lWO 11C!e11het ...,.., cum:otly on waa z.4 sucn fm curiouI.. ro wIiat plans JDIIllaye or bne JDII 25 K2CdJrd for dill purpGIe two )alii qo. 25 tbougItt abtu.tGlDMbiallbat woold be .. _1I8ic Page 46 Paae48 J So . far IS \\UI we"re plllDDiDa O:D doing I eddidoa 10 - EaI, ]IOU bow. q ~ ., juri JIIIdna 2 1titb. that property is I!aat we're going to build. eiebt to 2 up 1he1ot aud dIt IIIIm MIl aIld.lbaI kind of ~ rm 3 ten bay Itn'iec facility wi1h a B'Vice oftke and. a tell 3 C<JDCCmd abcId tI1at bocauc I fccllikc 81 tis. is 4 office Illes offICe 'With am m:a f.1bc castomrn to haYe 4 an opportaaiIy d.t we Iaaw to start makint! ~ .5 a lmmge area. ADd as far as1he payemmt JOC8.. it'. my 5 bnp.~" dial And ~ datI, J.ppmal 5 - tb8t we hew: to, )'OU know, ccmmt the 6 Wen wa ~ 00 c:oa.1I'OIIJIrBI't but diD MIss 'U1II-. 1 PUkiDe: &rei lib we cId pmriouslyl But it is Rlso my , .... oa IIOW. "M: do hIIvc coalrol OWZ't So rm ClII'IcNI 8 ~ Ihat as far as the paddma Ilea far the 8 about 1hat. 5' uaits ., conoerned for disp1ay area, dill gravel is still 9 "'SAHWl: I C8II adlntBlld JU1It 10 BCCqIkd It \1IBI acc:eptod when we built the eunad: 10 viBwpolnc diem 'Wq mudJ. lad whit I Gmk ~ )'011 II fa;ility~ II that true? (Beeper son. ofE) Ob. tony II ~ COMidcr is tbit \Wi J.w an L-dIIpc IlOW" of iii: J2 Ibout 1bd. Let me just turn it off. 12 1Cl'eI. BDd. wdre just tryioJ 10 .... it I tuU ~ 13 COtAIISSIONBR. STRANGE: AI\:)aI plaunias .. 13 Docs &t mab:.,.1CI1Id t. odacr WOlds. if)'Oll did lICIt 14 hBvioc Ibc sm'e1 dowa die face of tile iDtemt8to CI will 14 IppRMI .. tor b fmDt two ecreIt we wouIcl bD: _Ie 10 J, it be behiDd. tile service bay md the ~ IS pat 0Ia" Iaci1ity rWat daa ItS M1t. SEMItAl1: J)o]lOU. WIlDt :me to point it cD 16 ~ER I!ACJU!'JON: oby. I pcu 'What 17 011 the - 17 I'm IayIDlII - do )'CIII ~ w.t my COIKII'D. .is? ]8 OO'OflSSlONEIl ST1tANGE: sure. if you II 14. CARfII!tfT!It 1_ 19 wouJdn It miacL J9 MR.IANLW: AIXlI CID soe1Vbcm )W'd 20 MIL IWSSBLL! YOU GIll just use 1be tDOU9c 2fJ ~ ...... 'b iF thlt IOUIe b:ro aD cut. but .... --rc 21 ri.gbt ~ 2J 1rJioIm iDdi;* or daDoosfrlle is 1Imt we'll: just 22 MR. SEMRAU. (Beeper some: ot1) Mea. I 22 ~ 10 IMIre it. ~ and 'III:: JIIt1'U1Y 0WDrI II .Iso 23 tbotpt ] t1Ir1aI it off: There we so. 23 ... t4tba1. ~ aIIrad)- soU tbc DCd lour KIDI 24 MllIVt9&l.L AISt UBI Ihe 1110\198 IIUlIoak 24 fn:m .... poIat GI 8DiDs ~ 8Dd ..... - you Imow. 2.5 at 1b: areaL 25 rYe lOt tbiI in CIiQOW r9rt IICIW COIItiDplll 011 it beiag PLANNING & ZONINO IlBGULAR. SESSION. S.l:!rI.H~Bll13, 2006 Page 45 - Page 48 CcmdeDseII1]( Page 49 Psee 51 I epproved ftl'1CZCJaiaa. So it yoa don .IIa:DDO It 1bcn 1 t1Imugh the pcrmittbw ptOOCSSt There are lite daIiia 2 _I. soIns to be Qcl( will Ibat two-lCleI ilia dac fir 2 IStaDdQs for Ibis DOll reaicb.tial1mi~ And. t1I:rc's 3 -. doeIIl"l mOW' w.lllt _". Fl. ro do wfd1 it. So 3 a1Io - I believe Ibere will also be a tequiremmt ror a 4 t)mi I -.odIcr cooaidcnntDII 81 far II property awucr is . Ia.dsc:apc 1mfI'c!s- along 1.3$. ) think it's 15 ~ if 11m 5 -1b: Currea1 JWOPCdY owaer il CODQQD14. 5 Dot mistakea. Ii And. far II es1bedcI.,. wtI~ gat Jt\IJ DCI1' 6 But 1Itere will be: -1 tbiuk: iD the pm 7 tiJor. 0unpiDa Wc:dd Is -.xl: door.1Dd. YEU bow. I tbI't 7 tba1 dmt wasa1t .. I don It evBD lmow Wile bad. ax. come ia. 8 1I1ink DIll' laoUiIy wicb III II (lit S I OO,ocxtLKJ to 8 for . permit JItlCessariIy wbeo the part was pawd for the P S2OQ.QJO.OO malar htmcs pmtaIsPios dJwa .,. ~ far 51 dlIp1ay, but w:beD. 1m c:omes ill f. lID aetuII baildins. I )0 400 fed: is an QCIKBC. ] ~ I aft feel tbIt. Bst 10 think there-I soms to be . hisber level or dasip and 11 ma!'be 1m MarC in t1Id telpa:l ] 1biak ... KtuaIIy 11 ~ that will be ItqUirad at that tIDn 1bet 12 .,~ 12 wan "t cbanic whatls thc:rc to the DOt1b but that will J3 CCBIMIIIDIER. 8J'RAJ<<JB~ S1Ift? 13 ~ tm- two acres. 14 iIIJ. CAllfIN'IIa= Mr. a.am.n. iB IIIII1Va' to 14 CCNIOSSICJNBa BAGlBTON'~ Rigbt. Good. 15 Can1au.41bu BIIfdm. IS flUI'&IIonl r d like to afrcr . 15 1bamc )1lU. 16 c:oup1c of ~. Fird r:l aU. C1w;k. CIa)'OO put up 15 COMMISSIONER S1lIANGE; Ally odJrr qIk\\1iODl 17 tile ~Wo PIIa map.1b= laM DIe map didc7 This . 17 of... applic8nt? We hB.ve 80 cards on this i1cm aa.d. 00 18 .. of 1ba City i. ;h~ few ft8ioDa1 QID1er. 18 one else beft:; 10 IpCak, 10 we will em. ahe pubUe 19 That's what 1hc JMIIJIDI ~I the ftIscIa pmpIa or 19 ~ Do we have a motkm on dIiI item? Dr. 20 WhIIDYcr 1Iurt JiIbtcr CIIIC is IIIId III: bluer ~ lbafl 20 lb4~tx.. 21 Ibo IDIIiDg l1li)1. On"" Iud use. 1t.IID "0I8l 21 COMhfISSIONER THIBODEAtJX: Mr. Clairman. I 22 ctI1RI'. dmy? And JCCD .. RCQf In boIb. ....me: 22 JI'IIn'e apprvval of Item Z~06-OO3. 1..35 tv 0IIttr. 23 ~b dud Be 8Daw.d. iD a. ftIIoaaI 0DII1Cr on 1M 23 CCDAYlSSDIBI. ST1tANI3E: WI have . DIDdan. 24 .Iaad IIIe DUIp. So 1bo CDDCept .. dill dill. pad of the: 24 Do ~ lmYe a second7 We haw a motion. Do we have a 2! ca, .... qiooaI ill Daft'In: mad ill WJeII, abyl J wII 2S second? Okayt 1bat maIioD will fail Cor. .lack of . Puae 50 PIp S2 I 1cU:yw that - that I think that c~ is ~ to 1 IICOIICL Do VlO lave 4IIOIb<<' -moIimtI I WI~ mile .. mctioa.. 2 cIImge. Okay. I thiDk. if JOO look at .. land w:s &OUIb 2 I Jww, . c:oacc:m abgut, lIpiD, wi....., hr.Ins . a" 3 of 380 ,.ml"ling die mUroad 1rack.. there is . a lot of 3 c:crrMb 10 our Cly of expadiaa Ibat lICtMty alorc a 4 interest. a lot of CluestioDs. a lot of visits to 1bc: 4 IRIjor iab:ntatD wbere we cbl-t ~ pawd ,.oq:. .5 P.... staff IIboat why thIt laDd is DOt Jmbirilllib 5 Am I em u&ntaDd . COlt of CODCrete. BuI: ] dcm't ., ... II\lIIIOWb of die IIlter8cCdoD of ]-35 MSt ... cast e 1bIDk dIU ,.ndas &VI ... ia Jock << .. iD _.... 7 il. All or that is iDduItrial iD 1bcte. So 1IIId cani.dor 7 . ~lIriIy an aartbcdc 10 die Cit)t.IO I'm ....10 8 is Iookin8 It like maybe it wanII to undrqo a dIaqc. I 8 p!IOI.MI r~tI(f ctIIUal of b mquest. Do we be\'c a 1aDJd7 9 realiz this is north of it. however, not way far DOI1h, , ~WA'KINI: ICCCInCL 10 but it is IlOItb. of itt 10 ~ S1BANQB: ob7. Wehllw; I. 11 &\ you know, this is neither a good. 11 DIOIbI by C2Ja:ianm !6-. SInmgc .00 . ICCOIId by Mr. 12 example of .. incIusbia1 use DOl' is it a panicWlriy sood 12 Wat1dDs. Juq cIIcui.b, PIaJe.. VOID. And bmcMkxl IJ CIIDIpIe clalfglmB. usa 13 p&l1II4-l. 14 B~ it is IIQ apII1Sioa of a use dIIt's ]4 CCOlAtISSJaroal1Rl~.IN <:ftOSI'JION.) 1$ abaIdy permlIted at 1bIt 1ocatioJL So I .mcat1. tlacl. . 15 <D4Ml!J!1OlI!It ITItANDI!: lbar. de last 0. l' CCJUl'Ie of way& to look at it. Did IIlD8Wef)'OUr questka. 16 DO ~ Ascada bJisI:t. Do -Iawe auy Iutaro asen" 17 Mr. EaaIcton? 17 fIamI1 rt net. we wID CODCfudo aut nKGtic& at 7:45", 18 COMMISSIONER EAGIBI'ON: YeI, tbant you. 18 (Pal oI~) JS' MR. IWRSBU.: If I GlD add ~i, too. l' 20 CommissioDcr. as far ill the dewIopmcal or this sire goes, 20 21 it's currently uoplatted, so 1beywUl hIvD to - be does 21 22 hll7e to came ill ard plat Ihc propcrty~ Also, Ibis is 8 n 23 litdc bit diff'c:tmt in terms 01 whit he did before IS fir 23 24 81 expanding JUII the parkinc IIl'8I 8Dd 8 display area. ~ J25 Hell actuBlly ta!kbIe about buiIdiDg a J:ui1c6ns, 80ius 23' PLANNING A ZONING RBGlJLAR. SESSION, SEPTBMBBR. 13, 2006 Paac49-PagcS2 S :\Our Documents\Ordinances\06\Z06-0003 Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 2.0 ACRES FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (Ree-D) GENERALLY FRONTING 310.12 FEET ON THE WEST SIDE OF INTERSTATE 35N (I-35N) BEGINNING AT A POINT APPROXIMATELY 1,500 FEET NORTH OF SCHUYLER DRIVE AND LEGALLY DESCRIBED AS BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, BEING A PART OF A CALLED 12~0008 ACRE TRACT, AS DESCRIBED IN A DEED TO MARY BESS MILLER AND J. A~ MILLER, RECORDED IN COUNTY CLERK'S FILE NUMBER 99-R0001872, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND FURTHER DESCRIBED IN EXHffiIT "A"; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (206-0003) WHEREAS, Mike Semrau representing the owner, Mary Bess Miller, initiated a change in zoning for approximately 2.0 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "property") from Regional Center Commercial Neighborhood (RCC-N) to Regional Center Commercial Downtown (Ree-D) zoning districts and use designations; and WHEREAS, on September 13, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended denial of the requested change in zoning; and WHEREAS, the City Council finds the change in zoning is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2~ The zoning district classifications and uses designations of the Property is hereby changed from Regional Center Commercial Neighborhood (RCC-N) zoning district classification and use designation to Regional Center Commercial Downtown (Ree-D) zoning district and use designation. SECTION 36 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 arty court, such invalidity shall not affect the validity of other provisions or applications, an"d 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 , 2006~ PERRY R. MCNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~ ...... ~. "...... .. _ .. i- .-.... ........ ~ ......._ ...._ __, ~ ............ (:~..:...~kE~'-~--"--'~~.~~~; / / A-LL TH'AT CERTAIN TRACT OR PARC'E'.L OF LAND LYING AND BEING SITUATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NUMBER 43, AN.D B'EING A PART OF A CALL'ED 12~008 ACRE T.RACT D.ESCRIBED IN A DEE.D TO MARY B'ESS MILLE'R AND J.A. .MILLER, RECORDED IN COUNTY CLERK'S FILE NUMBER 99-R0001872, .REA.L PROPERTY RECORDS, DENTON COUNTY, TEXAS, DEN.TON COUNTY, TEXAS, AND BEING MORE PAR TICULARL Y D.ESCRIBED AS FOLLOWS: BEGINNING AT A FOUND Y2 INCH IRON RO'D AT THE SOUTHWEST CORNER OF LOT 1, BLOCK A, 1-35 RV C'ENTER, RECOR'DED IN CABINET U, PAGE 542, .PL.A T 'RECO.RDS OF DENTON COUNTY, TEXAS AND BEING IN THE EAST LINE OF A TRACT D.EEDED TO DAVID A.NGLE, RECORDED IN VO.LUME 31.58, PAGE 372, REAL PROPERTY 'R.ECO.RDS OF DENTON COUNTY, TEXAS; TlIENCE NORTH 89 DEGREES 50 MINUTES 00 SECONDS EAST, WITH TH.E SOUTH' LINE OF SAID LOT 1, 1-35 RV CENT.E.R, A DISTANCE OF 270.90 FEET TO A ~ lNC.H. IR.ON ROD FO'UND WITH A YELLOW PLASTIC CAP STAMPED METROPLE.X 1849 AT THE SO.UTH'EAST CO.RNER OF SAID LOT 1, IN TH'E WEST RIGHT-OF WAY LINE O'F INTE'RSTATE HIG.HWAY 35; THENCE SOUTH 03 DEGREES 39 MINUTES 08 SECONDS EAST WITH THE EAST L.INE OF SAID .MILL.ER TRACT AND THE WEST RIG.HT-OF WA'Y -LIN.E OF SAID INTERSTATE HIG.HWAY 35, A DISTANCE OF 310.12 F,E.ET TO A.:1h INCH IRON ROD SET WITH A YELLOW PLASTIC CAP STAMPE'D METROPLEX 1849; THENCE SOUTH 89 DEGR,EES 50 MINUTES 00 SECONDS WEST, A DISTANCE OF 292.00 FEET TO A' ~ INell IRON ROD SET WITtI A YELLOW PLASTIC CAP STAMPED METROPLEX. 1849 FO.R CORNER~ IN THE W.EST LINE OF SAID MILLE.R TRACT, SAM.E BEING THE EAST LINE OF SAID ANGEL TRACT; TH.ENCE NORTH 00 DEGREES 1.5 MINUTES 00 SECONDS EAST WITH THE W.EST LTN'E OF SAID .MI.L.L.E.R TRACT AND TH.E EAST LINE OF SAID ANGEL TRACT, A ,DISTANCE OF 309.55 FEET TO THE POINT-OF-BEGINNING, AN.D CONTAINING IN ALL 24000 ACRES OF LAND. ~ 1 ..... I ~l 00ft3M )(WllJS .. .unm ::t"W\d ~ _& -t _ --' ~ _ .J --- - --- - . - . -M~:M . - 'I ~ L.:~~ MJ ~i! ~~~~ ~ 2~~ R ~~g (\J <(0: ~ ~ . ozcc owo..: c50C\l .:fi:~ ......E.O~ OCt> -I~ ~ ~ u .,;, ~ 0 ::t << ~ f2~w~ ~ & t~u.. f.o. -< ~~~8~ ~<~i=q !-tIl ~ ~""!"" ~VlC ~~<:.- gj~ ~ <~~ ~~e~~~ ~O W~ ;E~ti ' ;::.u.: Q::t::. ; ~:~ ~ ~ ~~~:s ~~~~ ~.., Z<o(.c(~::" ~~8~gu ~~>Wd ~~~~ ;:':;r:~we;pw g~E!~ t3~E:~ ~o""P.J ~~~ii ;~~~:5~~ ~8~Ga~ ~~~~~ _< c ~ ir. 0- Z~?;(..J gzW:....c z~-~~9::E ~O:~<~~ 8~?:i8~ ~ ~ ~ ~ .~ ~~g~ i~~s~ <::>C:~Wr-o ~t~~~ ~~gffit; ...J ~H~ 1fi == ~ 2; <a::~r= ~ 8~z,:,c:J 8~~~ Qc~~w ~~~~~~~~ 5l:~..(~~ .."qc= ~<~C~ ~S:S:j~ "ffio~~z ~ j i t ~ ~~ ~~S~~ t1~~~ ~~t-a~ d~U~~~OO Zu~~~= ~a~id ~f1~~~ Uo(<<j.l.l~:Z;..., u ;... ~~~Gtu S~.o(~ 8:[ ~ =,mu..::E---:~-<;"" ~~a~~8 z,f-. ~-:< ~...:;ffi~::;! g~SJ.~~ ~~!;:;8 5 ~U'lO U. ,0 :i.q~89~ "-~..~ Q.,o~~~' ~~ ;r.,.,g...:OZ . .... ~~ ~ - ~ ~~~~8 :!~oJi< ~~60 to: ~m~gm I ::=:zo::: ~~(Il U~I;..t,lt-o;>g ~8.s::;Q9 5:-C~~8 -o<z ~ o~<@z> T.:::; ~~~~~rE r>..... 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EO'S ~ o o <:, t() . 0\ 00 Z en L1J c: o <;( o o o N Ill:: ~~~ ~.o::Cl, ....;.0::: ~~ ~~i 8~~ ~~ gf ? o o o In ~ CD ~ o o oj 0\ C\J e~ ~:::Iiar:: ~ ~ ~~ ~ *3 l ~~ ~mti 5>- ~ wn ~.q- D\~ "Zt- au U)<( i~ m u,:<. ~ CD ~~ fW) ~ i. i ...... ~ ~ f'l~ 'IIt~ d ~ LU:~ ;;~8 ~~z t:l$!e 5 ~~ <~o o-;::,Z 0(1)0 ~-~ N40..~ ~t ~E o ~ >Cd m.s a.cii OC~ -'" I.. >- ~ ..G)~ G>>~i =~ CI)~ :l: I-~ ~~ I o CQ -: e ~I ~~ ~"'t;iO Z eft i: C) " m z ~ . ~ ,::; l%I .8 ..~~'60E 'J.-OO~ S; {. 00. N ~~ ~a: ~~ A.3/fClns L-Pi .0 ~~ ~O:J ~ ~ /;)VY1S811 .,y:J of> · t; 888 Ig ~~ ~ ~ CI B b.. W m as z+~ ~ " ft:l Z 0 Si KJ :: S ~ c ~ Vl Q AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2006 DEP ARTMENT: Planning and Development .. ICM: Howard Martin, 349-8232 SUBJECT Hold a public hearing and consider adoption of an ordinance amending the Denton Development Code amending Subchapter 7 to create a new section for Master Planned Community (MPC) Districts. (DCA06-0005). The Planning and Zoning Commission recommends approval 5-0. BACKGROUND In January 2006, the Council discussed, in concept, using a master planned community ordinance to address land uses, zoning and other regulations for the several large planned communities that are in the pipeline, namely: Cole Ranch, Hillview (Rayzor) and Hunter Ranch. The Planning and Zoning Commission has held a number of work sessions in crafting this ordinance. In addition, the Council's Denton Development Code Committee (DDCC) has discussed the ordinance. Potential major users of this ordinance have been given the opportunity to discuss this ordinance with staff and the Planning and Zoning Commission. The Planning and Zoning Commission is schedule to consider this amendment at its October 11, 2006 public hearing. OPTIONS 1. Recommend approval. 2. Recommend approval with amendments. 3. Recommend denial. 4. Table. RECOMMENDATION The Planning and Zoning Commission recommended approval 5 - O. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) City Council Work Session: February 7, 2006 DDCC: June 29, 2006. Planning and Zoning Commission Work Sessions: February 8,2006, May 10,2006, July 12,2006, July 26,2006, August 2,2006, August 23,2006, September 6,2006, September 13,2006 and September 30, 2006. EXHIBITS 1. Applicability Map 2. MPC Criteria Manual Application Requirements 3. Ordinance Respectfully submitted, o/~ Kelly Carpenter Planning and Development Director Master Planned Community (MPC) Minimum Land Areas City of Denton Planning and Development 221 N. Elm Street Denton, Texas 76201 (940) 349-8350 www.cityofdenton.com W*E S Legend Exhibit A COD - Streets ET J Lakes EXHIBIT 1 MPC Criteria Manual A. Each sheet of the MPC application documents shall contain the following: . Project or development name. The name shall not duplicate any names currently in use and the City will make any final decision. . Sheet number and title . North arrow . Graphic and numeric scale of drawing . Site location map . Contact information (name, mailing address, phone, fax, and email) for property owner, applicant, applicant's representative, engineer, architect, landscape architect, and any other relevant contact individuals. . Date boxes for initial submittal and subsequent revisions. B. The cover sheet for each MPC document shall contain the following (in addition to the information above): . Project area (acres or square feet) . Project description . Existing comprehensive plan designations . Existing land use . Index to plan sheets C. MPC Concepti Schematic:. The application for a MPC Concept Schematic shall be submitted in an acceptable format and contain the following information: 1. The signed and notarized application form with applicable fee. 2. A complete legal description for the property or properties for which the application is made. 3. The concept schematic in an electronic PDF format. 4. A narrative letter describing the project, including the anticipated date of construction, objectives of the development, vision statement for the development, and how the proposal meets one or more of the goals set forth at Section 35.7.13.1. 5. Existing property lines with dimensions. 6. Land use and zoning district designation for adjacent properties. 7. Proposed land uses, residential density calculations, commercial/industrial floor area ratios 8. Existing and proposed highways, arterials, and collector street systems. 9. Existing and proposed vehicle access points. 10. Existing rivers, creeks, streams, lakes, wetlands, flood plains, parks, trails, open space, upland habitat and other significant environmental features. 11. T opographicallines at a minimum of 10- foot intervals. 12. Other information as requested by the Development Review Committee Chair. Exhibit 2 D. MPC Zoning Document. The MPC Zoning Document application shall be submitted with the following documents: 1. The signed and notarized application form with applicable fee. 2. A complete legal description for the property or properties for which the application is made. 3. A contract to purchase, or other documentation to be approved by the Planning and Development Department, which demonstrates that the applicant has a real property interest if applicant does not own the property. 4. The MPC Zoning document in an electronic PDF format. 5. A preliminary drainage report and preliminary drainage plan. 6. A traffic study 7. The MPC Zoning Map Document on an eighteen- (18) inch by twenty - four (24) inch sheet format. The MPC Zoning Document will consist of multiple pages in the following format (in addition to the information required above): 9. Mapped items and tables a. Vicinity map at an appropriate scale showing all roadways (by name) within one (1) mile from the peripheral boundaries of the property b. Signature block. c. North arrow and scale (written and graphic) on all sheets. Must be of a suitable scale to be determined by the Department of Community Planning and Development Services. If it is not possible to contain the entire development on the first sheet at this scale, then the first sheet must contain a smaller scale composite drawing that shows the entire development with match lines and designated sheet numbers. d. Locations of all existing and platted streets (within or in the vicinity of the proposed development). e. Locations of all existing facilities within or in the vicinity of the proposed development (easements; irrigation ditches; flood plains and natural drainage courses, with high-water lines indicated; parks; storm and sanitary sewers; water mains; culverts, or other underground facilities; existing buildings to remain; wooded areas; and other significant natural features. If the adjacent lands surrounding the property are undeveloped and no plans have been approved or are in progress for those lands, then the existing conditions map on adjacent property (with the exception of mapping needed to analyze infrastructure and open space) is not f. Locations proposed for collector or arterial streets within or in the vicinity of the proposed development. g. Locations of proposed storm detention and/or retention facilities-,- h. Land use, total acres, and development density indicated within each area. 1. Topographic features at two-foot contours. k. Existing or proposed rivers, creeks, streams, lakes, wetlands, flood plains, parks, open space upland habitat, trail corridors, and other significant environmental features. E. Development Standards Document. The MPC Development Standards include the following: 1. Required Information a. Pre-application meeting scheduled between applicant and City to determine exact requirements and processes to take place. b. Applicant submits copies of the MPC Permit application requirements and fees to the Department of Planning and Development Services. The application is reviewed for completeness and sent out for review and referral to Development Review Committee and outside agencies. c. Review by Development Review Committee and comment letter sent back to applicant with questions or corrections. d. Subsequent reviews/resubmittals may be required depending on the questions and comments that arise. e. Approval by the Planning and Zoning Commission after all comments and issues have been addressed. f. After the Development Review Committee approves the MPC Permit, the applicant may apply for a building permit issued through the building department. The building permit may not be issued until the Planning and Zoning Commission approves the final plat. 2. MPC Development Standards Requirements: a. The signed and notarized application with the applicable fee. b. A complete legal description for the property or properties for which the application is made. c. The amended Traffic Study (if required). d. Amended water, wastewater and drainage studies, ifrequired. e. A development plan for each subdivided lot. f. The landscape plans including tree preservation where required. 3. Design standards that will govern the orientation and design of buildings and other improvements, which include but are not limited to the following: a. Architecture, including design standards and building materials for buildings, fences, walls, and other structures, buffering, fencing, etc. The regulations of subschapter 13 shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. i. Signs b. Narrative description and/or graphic plan that details landscape standards for parks, open space systems, and public-right-of-way. Include general information as to how buffering will be achieved (i.e. fence, vegetation, berm, wall, etc.). c. Street cross-section design, by classification, for all streets. d. All existing and proposed provisions for pedestrian circulation including sidewalks, walkways, crosswalks, trails, pedestrian plazas, and other amenities. e. Identification of any alternative pavement treatments, streetscape furniture, art or other amenities associated with plazas, trails, sidewalks, roadways, etc. if applicable. f. Bicycle parking facilities, including specifications. g. The following information is required for all proposed deviations from the provisions of subchapters 16-22 of the Denton Development Code or other applicable regulations. The regulations shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. F. If any part of the application request requires an amendment of the Denton Plan, the applicant shall submit an application to amend the Denton Plan or Mobility Plan prior to or simultaneously with the application for a MPC District. Denton Plan amendments which are required to enable an MPC District submittal are exempted from the application requirements set forth in Section 35.3.3.C.2. S :\Our Docu men ts\Ordinan ces\O 6\DCAO 6-0005 ,doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.7 AND 35.23 OF THE DENTON DEVELOPMENT CODE PERTAINING TO MASTER PLANNED COMMUNITIES; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTNE DATE. (DCA06-0005) WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, after providing notice and after conducting public hearings as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapter 35.7 and 35.23 of the Development Code, pertaining to master planned community districts; and WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the changes to the Development Code are consistent with the Comprehensive Plan, and are in the public interest; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true~ SECTION 2. Subchapter 35.7 and 35.23 of the Development Code are hereby amended in part, as particularly described in Exhibit A, attached hereto and made part hereofby reference. All other provisions of Subchapter 35.7 and 35~23 not specifically changed by this amendment shall remain in full force and effect. 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. If any section, subsection, paragraph, sentence, plrrase or word in this ordinance, or the application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. 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. Exhibit 3 PASSED AND APPROVED this the ~ day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN ~R . ITY ATTORNE PAGE 2 , 2006. PERRY McNEILL, MAYOR Exhibit A Subchapter 7. (35.7.13.) Development Code 35.7.13 Master Planned Community (MPC) District 35.7.13.1 Purpose The Master Planned Community (MPC) District is intended to accommodate large- scale, unified, comprehensively planned development that conforms with and enhances the goals and policies contained within the Denton Plan. This district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional zoning districts so that the following goals may be achieved: A. To enhance the City's development and to promote the public health, safety, and general welfare. B. To provide within such areas a combination of land uses, which may include a variety of residential types, commercial, industrial, public and semi- public areas, arranged and designed in accordance with sound site planning principles and development techniques; and in such a manner as to be properly related to each other, the immediate surrounding area, the planned mobility system, and other public facilities such as water and sewer systems, parks, schools and utilities. c. To encourage a more creative approach in the utilization of land in order to accomplish an efficient, aesthetic, and desirable development which may be characterized by special features of the geography, topography, size or shape of a particular property and to accomplish a more economical and efficient use of land. D. To encourage the establishment of planning and development standards and criteria tailored to the opportunities and constraints of the property while allowing sufficient flexibility to permit final detailed planning and the precise distribution of the approved density, and intensity of the project at the time of plat application or site plan submittal. .' E. To provide assurance to the land developer and to the city that the proposed development may be planned and carried out in one or more phases over an extended period of time, in accordance with an approved MPC Zoning Document and MPC Development Standards Document.. F. To assure that a Master Planned Community is developed in accordance with a MPC Zoning Document. The MPC Zoning Document shall be designed to further the goals established by the Denton Plan, provide development standards promoting an appropriate balance of land uses and design, and 7-45 Subchapter 7. (35.7.13.) Development Code promote the planning of public; facilities designed to serve the projected population. 35.7.13.2 General Provisions A. Furtherance of the Denton Plan. The content of the MPC district shall further the goals of the Denton Plan. B. Location of MPC District. MPC districts may be established on parcels of land, which, because of their ownership, size, topography, or exceptional or unusual locations, are suitable for planned development in a manner consistent with the purposes of this section. c. Minimum MPC District Area/ 1. The minimum area required for a master planned community district is three hundred (300) contiguous acres herd under single ownership at the time of application submittal for land areas shown on Exhibit A and 125 acres in all other locations. . 2. Areas within rights-of way may be included in the computation of the minimum three hundred (300) acres and the 125 acres. D. Zoning and Development Standards.. The zoning standards, such as use, density, lot coverage, building height and the like, shall be addressed in the MPC Zoning Document.. The design ~nd public improvement standards, such as architectural standards, buffers, parking locationl street length, and the like, shall be addressed in the MPC Development Standards Document. The Development Standards to be required may represent the entirety of the standards in the Denton Development Code, or a portion thereof. The DRC, Planning and Zoning Commission or the City Council may require applicant to submit the MPC Zoning Document and the MPC Development Standards Document as one concurren' submittal, when any of those bodie~ finds that the health, safety or public welfare of the residents of the City of Dento,n are compromised without such a concurrent submittal. In that event, the DRC, Planning and Zoning Commission and the City Council shall consider the MPC Zoning Document and the MPC Development Standards Document as one case and at the same time. The applicant may appeal the Committee's decision to the Commission and the Commission's decision to the City Council. 1. The proposed MPC District shall comply with the Denton Development Code, except where modifications are expressly authorized through the MPC Zoning Document, the MPC Oevelopment Standards Document and in the MPC Development Plan Map. 7-46 Subchapter 7. (35.7.13.) Development Code 2. The proposed MPC District shall comply with the design standards and subdivision regulations (Subchapters 13, 14, and 16 - 22 of the Denton Development Code) and other adopted policies, codes and ordinances of general applicability, except where modifications are expressly authorized through an approved MPC ,Zoning Document, the MPC Development Standards Document and the MPC Development Plan Map. 3. Specific Use Permit. Any use may be established as a specific use in any specific development unit within a proposed MPC district, provided such use shall be specifically incorporated as a specific use subject to the provisions of Section 35.6, and shall be located and conducted in accordance with the approved Development Plan, and other applicable regulations. A separate specific use permit is therefore not required if the specific use is so incorporated into the Development Plan. If a subsequent development application proposes a use that is not contemplated by the MPC Development Plan or the Zoning Document, then applicant may seek to amend the MPC Zoning Document or apply for a special use permit. 4. Alternative Development Plan. The proposed MPC District may incorporate standards for development in its MPC Development Standards Document that would otherwise be processed as an Alternative Development Plan for ESA, for Tree Preservation, or for other deviations from Chapter 13 of the Denton Development Code~ A separate alternative development plan is therefo~e not required if such standards are so incorporated into the Development Plan. If a subsequent development application proposes a development standard that is not contemplated by the MPC Development Plan or the Development Standards Document, then applicant may seek to amend the MPC Development Standards Document or apply for an alternative development plan. 35.7.13.3 Application Requirements , The MPC Zoning Document (including Development Plan Map) and the MPC Development Standards Document shall, as approved by the City Council, become a part of the applicable development regulations in the Denton Development Code within the respective MPC District. Subsequent changes to the MPC documents and map shall be made in accordance with Section 35.3.4 with the exceptions set forth in Section 35. 7 ~ 13.8 (minor amendments). A. The application shall describe the purpose, nature and characteristics of the proposed MPC district including, but not limited to, the proposed development unit use or uses to be conducted in the district in a manner sufficient to enable preparation and consideration of regulations governing permitted and specific uses, site u,se and other development regulations which 7-47 Subchapter 7. (35~7.13.) Development Code may be appropriate to govern development, use, and maintenance of the sites included within the MPC district. The application may be in three stages as set forth below: 1.. Conceptual/Schematic ~ Phase: A conceptual/schematic plan submittal to be reviewed by. the Development Review Committee prior to the submittal of MPC Zoning- Document and MPC Development Standards Document. The MPC Concept Schematic is designed to aid the Developer and the City in preparing a complete MPC Zoning Document and MPC Development Standards Document application.. The MPC Concept Schematic may be referred by the Chair of the ORe to the Planning and Zoning Commission and/or the City Council for review and comment but typically, these are reviewed and approved by the ORe. 2. MPC Zoning Document. An application and development plan to be reviewed by the Development Review Committee and Planning and Zoning Commission, whose recommendations are forwarded to the City Council for review and approval. The MPC Zoning Document establishes zoning - standards for a Master Planned Community and typically addresses land uses, densities, setbacks, building heights, lot coverage and specifically identifies where there are deviations from the adopted Denton Development Code. The MPC Zoning Document shall include a Development Plan Map. 3. MPC Development Standards Document. A detailed set of development standards that are reviewed by the Development Review Committee and recommend~d for approval by the Development Review Committee Chair, the Planning and Zoning Commission and approved by the Denton City Council. The MPC Development Standards Document sets forth the developers proposal for and confirms compliance with the Denton Development Code ;Chapters 13 through 22 and/or identifies the alternative development standards associated with the content of each of those Chapters of the Development Code. An application for a MPC Development Standards Document may be submitted for approval concurrently with the MPC Zoning Document and shall be required to be submitted with the MPC ZOfling Document when meeting the conditions set forth in 35~ 7.13.2. D. B. All MPC applications, [Conceptual Schematic, Zoning Document (including the Development Plan map), and the Development Standards Document] shall contain the information set forth in the City of Denton Criteria Manual. C. Where the applicant is proposing deviations from the zoning provisions of the Denton Development Code, applicant shall specify both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed MPC district shall represent a quality development when weighed overall against 7-48 Subchapter 7. (35.7.13.) Development Code the standards in the Denton Development Code or the alternative regulations proposed by the applicant. ". 1. Development Standards 8. Maximum gross density b. Minimum lot area , c. Minimum lot width and frontage d. Minimum lot depth e. Minimum yards and building setbacks: Front (include arterials, collector, and local); side yard (include arterial, corners, and accessory structures) and rear yards f. Maximum building height (include primary and accessory structures) g. Parking and loading ~ h. Land uses allowed in each area listed in a land use schedule. This should include the fOllowing: permitted uses, uses by right, uses by special use permit, accessory uses, temporary uses and outdoor operation uses (including walk ups and drive throughs for all uses) i. Proposed parks, open areas, trails and school sites (if applicable). 2. A Cost Impact Analysis of the proposed public facilities and infrastructure, prepared by a competent person or firm with experience in the preparation of such studies. The study shall provide the specific detailed accounting of the financing structure for the development of required facilities for parks, law enforcement, fire protection, public services, municipal government, and other necessary governmental J services. The purpose of such a study is to provide the base line development data and costs that will assist the city and the developer in discussions concerning the provision and timing of utilities. 3. Phasing Schedule. The following schedule submitted with the application for a MPC District. shall including a schedule indicating, to the best of the applicanfs knowl~dge, the approximate timeframe in which construction or development is expected to begin, the duration of time required for completion of the development; and proposed phasing if the project will not be developed as one (1) unit, including a plan for the interim use and management of the ~ndeveloped phase or phases. Phasing shall reflect that multi-family development shall follow other land uses in the phasing; multi-family housing shall not be the first land use or the primary land use in any phase or unit of the proposed development. l 4. Review of phasing schedule: In cases where the build out schedule of the proposed project exceeds five (5) years, the detail for phases proposed for building beyond five years can be less than the detail provided for phases to be constructed in the first five years. For all phases proposed to be 7-49 Subchapter 7. (35.7.13.) Development Code constructed five or more years ~hence, then a five year, ten year, and 15 year review by the Council and the Planning and Zoning Commission shall take place on the Development Plan Map, the infrastructure studies as well the MPC Development Standards Document The Council may establish a review cycle for the project based on the complexity of the proposed project the length of the build out~. time and the types and costs of public infrastructure requirements. The outcome of the reviews set forth above may include an initiation by the Council of a major or a minor amendment to the approved MPC Zoning Document (including the Development Plan Map) and/or the Development Standards Document, and/or an initiation of rezoning. D. Development Standards Document.. The MPC Development Standard Document shall include the following: 1. Design standards that will govern the orientation and design of buildings and other improvements, which include but are not limited to the following: a. Architecture, including ~design standards and building materials for buildings, fences, walls, and other structures, buffering, fencing, etc. The regulations of subchapter: 13 shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed MPC district should represent a quality development when_weighed overall against the standards in the Denton Development Code or th~e alternative regulations proposed by the. applicant. ' b. Signs c. Narrative description and/or graphic plan that details landscape standards for parks, open space systems, and public-right-of-way. Include general information as to how buffering will be achieved (i..e. fence, vegetation, berm, wall, etc.).. d~ Street cross-section design, by classification, for all streets where alternatives are proposed. ' e. All existing and proposed provisions for pedestrian circulation including sidewalks, walkw~ys, crosswalks, trails, pedestrian plazas, and other amenities. < f. Identification of any a.lternative pavement treatments, streetscape furniture, art or other amen.ities associated with plazas, trails, sidewalks, roadways, etc. if applicable.~ g.. Bicycle parking facilities, including specifications. 2. The fol/owing information is ..required for all proposed deviations from the provisions of subchapters 16-22 of the Denton Development Code or other applicable regulations. The regulations shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed MPC district should represent a quality development 7-50 Subchapter 7. (35.7.13.) Development Code when weighed overall against th"e standards in the Denton Development Code or the alternative regulations proposed by the applicant. 35. 7.13.4 Application Procedures A. The applicant is required to meet with the ORe prior to making an application for a MPC conceptual schematic to discuss the development concept, the review and approval process, and the submittal requirements. The applicant is required to make a pre-application with the City prior to filing an application for such MPC zoning document and for the development standards document, whether filed separately or together. B. If the application request requires an amendment of the Denton Plan, the applicant shall submit an application to' amend the Denton Plan or Mobility Plan prior to or simultaneously with the application for a MPC District. Denton Plan amendments which are required to ellable an MPC District submittal are exempted from the application constraints set fo~h in Section 35.3.3.C.2. 35.7.13.5 Adoption Of A Master Planned Community District A. The Master planned community District shall be adopted in accordance with procedures set forth in Section 35~3.4". The Planning and Zoning Commission and Council shall consider the MPC zoning document as the application along with any amendments to the Denton Plan and/or the Mobility Plan. B. At the time an MPC Zoning Document is approved by the City Council, it becomes an integral part of the Denton Development Code for that MPC zoning District established by the City on the property. All future development within the adopted MPC District shall thereaft~r be in conformity with the MPC Zoning Document for that property. 35.7.13.6 Findings Before approval or adoption of an application for a MPC Zoning Document, the Planning and Zoning Commission and the City Council shall find: A. That the development proposed furthers the goals of the Denton Plan~ B. In the case of proposed residen~ial development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding area. 7-51 Subchapter 7. (35.7.13.) Development Code c. That the provisions for public facilities such as schools, fire protection, law enforcement, waterl wastewater, streets, public services and parks, are adequate to serve the anticipated population within the MPC District. D. In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development will be appropriate in area, location and overall planning for the purpose intended. E. That the development is fiscally.sound, as demonstrated in the Cost Impact Analysis, and is consistent with adopted policies, infrastructure plans and applicable Capital Improvement Programs (CIP) and that the Development Plan sets forth the phasing and the plan for paying for the infrastructure and responsibilities for payment. 35.7.13.7 Future Development Upon adoption of the MPC District, the applicant may then proceed with the development of the property in accordance with the "MPC Zoning Document" and, the "MPC Development Standards Document'~ by applying for a preliminary and final plat(s) approval in accordance with the phasing p.lan in the MPC District. 35.7.13.8 Amendments To An Approved MPC Zoning Document or MPC Development Standards Document A. Applicant or its successors may request amendments to the MPC Zoning Document and or MPC Development.. Standards Document. Amendments to the approved MPC documents shall be delineated as major or minor amendments, according to the criteria set forth herein. Amendments to the approved MPC documents will not affect development units not included in the proposed amendment. B. Upon receipt of an amendment application, the DRe Chair shall determine if the proposed amendment constitutes a major or minor amendment. c. Major Amendments. If the ORe Chair determines the amendment to be a major, the amendment request shall be processed under the Zoning Amendment procedure (35.3.4 ). D. An amendment will be deemed major if it involves anyone of the following: 1. A change in the overall MPC' District Boundary; or 2. A significant change to the approximate boundary of one or more IIdevelopment unit(s)1I from that approved in the MPC District, as determined by 7-52 Subchapter 7. (35.7.13.) Development Code the ORe Chair. A change to an individual development unit generally shall be deemed to be significant if it represents a ten percent (10%) increase to the approximate gross area of the development unit as approved in the MPC District; or 3. An increase of ten percent: (10%) or more of the approved number of projected dwelling units or gross leasable area (GLA) for an individual development unit; or 4. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the DRe; or 6. Any change in land use or density that is likely to negatively impact or burden mobility adjacent to the MPC District or to the overall major street system as determined by the ORe; or 7. Any other proposed change to the uDevelopment Plan" which substantively alters one or more components of the MPC District, as determined by the DRe Chair. E. Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection (D) shall be considered minor. If the ORe Chair determines the amendment to be minor, the ORe Chair may administratively act on the amendment and attach stipulations or conditions of approval thereto, to protect the public health, safety and welfare. 1. At least fifteen (15) days prior to consideration of a requested Minor Amendment by the ORe, notice of the proposed minor amendment shall be mailed to each owner of property wholly or partly within two hundred (200) feet of the affected development unit(s) to Which the amendment relates. 2. If written protest to any minor amendment is received from any notified property owner within ten (10) days of the notification mailing date and such protest cannot be resolved, then th~ Minor Amendment shall be reclassified as a Major Amendment. No additional application shall be required, however, all provisions governing Major Amendments shall then apply. 3. If written protest is not received as described above, the ORe Chair shall render a decision on the minor amendment request.. The ORe decision shall be final unless appealed to the Planning and Zoning Commission under Section 35.3.7.D. 7-53 Subchapter 7. (35.7.13.) Development Code 35.7.13.9 Administrative Decision Appeals A. The applicant or a property owner within two hundred feet may appeal an action or decision by the ORe Chair on minor amendments to the Planning and Zoning Commission within seven (7) days from the date of the ORe's decision, pursuant to section 35.3.7.0. 1. Appeals shall be in writing on a form provided by the Planning and Development Department and shall include only the specific items being appealed. 35.7.13.10 Appeals concerning size of an MPC A. An applicant may appeal to the Planning Commission and then to Council if the land area to be proposed for MPC does not meet the minimum size requirements in Section 35. 7 .13.2.C of this Subchapte~ when the applicant can demonstrate that: 1. The development is unique and ,requires MPC in order to be developed 2. Is not a single use 35.7.13.11 Administration And Enforc~ment A. While ownership of a project may subsequently be transferred (in whole or in part), MPC zoning will continue to be implemented and maintained on the total acreage of the MPC Zoning project. It is the responsibility of the owner to notify all prospective purchasers of the existence of the MPC District and the MPC uDevelopment Plan".. B. In the event that the applicant has f~iled to comply with the conditions adopted by the City Council in conjunction with t~e approved MPC zoning document, the City may proceed in accordance with Section 35.1.10 7-54 Subchapter 23 Development Code 35.23.2 Definitions [Note - these are to be added to existing] Development Unit: An approximate "subarea" within a specifically defined MPC boundary-containing singular or multiple designated land use and zoning classifications~ Multiple classifications or mixed-use classifications may be permitted in the MPC District in conformance with the Denton Plan. A development unit in text or table format is the same area as referenced on a map but describes the area in more specific detail. The City Council may approve a particular definition of "subareall or "development unit" for any individual MPC District. Standards Report: Consists of a narrative report, existing conditions map and background information describing the characteristics, components and timing of the proposed MPC District by development unit(s). The Standards Report includes a development unit matrix describing density, projected employment, intended FAR's, zoning districts and applicable development standards. The Standards Report also includes a matrix describing how the developer proposes to comply with the site design standards contained in Subchapter 13 of the Denton Development Code. It will describe for example, where the developer proposes to comply with the requirements to park behind or beside buildings and to identify alternatives where an alternative is proposed. Development Plan: Is a plan, organized, by development unit, demonstrating how the Standards Report will be implemented.. The Development Plan will illustrate the proposal's relationship and conformity with adjacent land uses, Mobility systems and the provision of utilities and other public services.. Development Plan Map: A map at an ~ppropriate scale included in an MPC zoning document that sets forth on the property a~1 the proposed land uses in a zoning category format (e.g., NR.3, ReC, etc., or equivalent), identifies site access, connectivity, and general public improvements (such as parks, open space, trails, but not limited to these), a table showing all the land uses, ~ including the total acreage of each proposed land use, the land use and acreage by parcel, and the total acreage of the project. The map shall also show boundaries reflecting the phasing plan. 23- ?? AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2006 CM: Planning and Development Department Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT A06-0002 (Corinth Substation Annexation) Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property is generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas. BACKGROUND Applicant: Dallas, TX Masterplan A voluntary annexation proceeding is being considered by the City of Denton for the Corinth Substation. In accordance with the City's Annexation Policy Plan, approved in June 1993, the City will "access on a case by case basis" the annexation of areas in the ETJ when significant developments are proposed. . The applicant, Masterplan, petitioned the City for the voluntary annexation of approximately 1.9 acres of land into the City on June 30, 2006. The applicant is proposing to construct an electrical substation for TXU. . On September 12, 2006, staff received direction from the City Council to proceed with the annexation. . The City of Denton issued a letter of intent to property owners for annexation on September 15, 2006. . On October 5, 2006, neighboring property owners were notified of the voluntary annexation with an "intent to annex" letter and official public hearing notification. To date, staff has received no letters in support or in opposition from property owners within 200' of the proposed annexation area. (See Attachment 4). . The Comprehensive Plan identifies this area to be within Neighborhood Centers land use designations. No adjoining property owners have indicated an intent to join in this annexation. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION Staff recommends that the annexation proceed on schedule. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On September 12, 2006, staff received direction from the City Council to proceed with the annexation. FISCAL INFORMATION Development of this property will increase the assessed value of the city. It will require no short-term public improvements that are the responsibility of the city. EXHIBITS 1. Service Analysis 2. Draft Service Plan 3. Location Map 4. Notification Map 5. Annexation Schedule Respectfully submitted, ~~~ Kelly Carpenter, AICP Planning and Development Director Prepared by Supriya Chewle Planner II EXHIBIT 1 CITY OF DENTON ANNEXATION PLAN FOR A06-0002 - Corinth Substation I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 2 acres generally located on Teasley Lane and Old Alton Road. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(0) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 3.5 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). C. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development Code, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tract is within the Neighborhood Centers land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The Department is an entirely fee based operation and received no resources from taxes. Solid waste 2 collection service will be provided to the property upon the effective date of the annexation using existing personnel and equipment. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit a request/application for serVIce. B. W ater/W astewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. City of Denton 24-inch pressure force main exists in the annexation area. Additional water and sewer lines are located along the boundaries of the annexation area. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric is the current electric service provider for this site. V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) 3 No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ~) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 4 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # Q, located at Teaslev at Lilian Miller. 2. Estimated response time. 3.5 minutes 3. Appropriate response time in the City. 5 minutes 4. Is a new fire station approved in the CIP that could serve this area? No If yes, what is the CIP program year? 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? . If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. N/A 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? N/A Is there an accepted facility/equipment to population ratio that can be used for planning purposes? N/A Is there an accepted fire fighter to population ratio that can be used for planning purposes? N/A Additional Comments: This area is already serviced by the Fire Department. No negative impact anticipated. Rick Jones/Fire Marshal Sept. 15, 2006 Person to contact if there are questions Date 1 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. Since this site is not planned for residential development, the annexation will not have any negative impact on Park and Recreation services. Current area residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? N/A Neighborhood Parks: 2.S acres per 1 ,000 population. S acres minimum size. (bv Developer) cost per acre. Other faci I ities Community Parks: 3 acres per 1 ,000 population. 30 acres minimum size. cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? N/A cost per acre. N/A cost per square foot. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? N/A additional personnel per 1 ,000 population; N/A additional personnel per 1 ,000 square feet of facility; or N/A additional personnel per acre of park. 5. Service Standards: 0.5 to 0.7 FTE additional personnel per 1 ,000 population (dependinq on type of service) N/A cost per additional personnel Additional Comments: Since this site is not planned for residential development, the annexation will not have any negative impact on Park and Recreation services. Bob Tickner 9/20/2006 Person to contact if there are questions Date 2 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation Police 1. Estimated average response time for this area based on current department conditions: Priority ~ minutes Non-priority 17 minutes Average 10.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority ~ minutes Non-priority 17 minutes Average 10.5 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? NO. If yes, how many? What type? 4. Will additional equipment and funding be needed to serve this area? NO. If yes, what type? 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? NO. If yes, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? N/A Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No Is there an accepted officer to population ratio that can be used for planning purposes? 1.79 Officers per 1.000 citizens Additional Comments: Lt. Lenn Carter 9/26/06 Person to contact if there are questions Date 3 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation library 1. Estimated additional funding needed strictly based on proposed annexation and development. $0.00 2. Please comment on the cumulative impact of annexation and development. With the planned expansion of the South Branch library, the cumulative impact of annexation and development should not hamper library services. 3. At what population level would another library facility be required? 131.738 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2712.31 is the national sample mean of population per FTE total paid staff. 6. At what population level would another library facility be required? 131.738 Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2712.32 is the national sample mean for population per FTE total paid staff. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Additional Comments: Eva Poole, Director of libraries 26 September 2006 Person to contact if there are questions Date 4 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? Yes 3. What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. N/A Personnel. N/A 4. What is the typical revenue collected per: Household. Contact Customer Service, 940-349-8069, for cart rates and sizes. Dumpsters and Roll-Off containers are available. Commercial Business 5. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. No Cost of Equipment. No 6. Will additional employees be needed to serve this area if annexed or developed? Type of Employees. No Number of Employees. No 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: We can serve the area immediately; during construction and on a permanent basis following construction. S.Lebsack 9/19/06 Person to contact if there are questions Date 5 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME facilities are at the site. 2. What type of lines and facilities would be required to serve this area? None 3. Are any new lines or facilities proposed for construction to serve this area? None 4. Are there any potential responsibilities if this area is annexed? None 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: Don McLaughlin (940) 349-7119 9/5/2006 Person to contact if there are questions Date 6 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. 8 inch Location of water line. Teasley Lane Distance from proposed annexation. 250 feet 2. What is the nearest City of Denton sewer line? Size of sewer line. 12 inch Location of sewer line. South of Old Alton Road Distance from proposed annexation. 250 feet 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines N/A Sewer lines N/A 4. Are there any City of Denton lines included in the proposed annexation? Existing 24-inch sewer force main from Hickory Creek Lift Station 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: The existing 24-inch sewer force main located within the property carries wastewater flow from the entire Hickory Creek sewer basin. Any future construction activity shall not adversely impact this existing sewer force main and all construction shall be outside the easement for this line. Tim Fisher, Assistant Director Water P. S. Arora, Assistant Director Wastewater 9/25/2006 Person to contact if there are questions Date 7 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation Enaineerina and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location None Tvpe of Improvement Approximate Cost 2. Are any of these improvements presently scheduled to be done at state or federal expense? No. If yes, please identify facility and anticipated date improvements will beg in. 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? No. If yes, what type of equipment or facility? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? N/A Is there an accepted employee to population ratio that can be used for planning purposes? N/A Additional Comments: It should be noted that the property to the south "the JR Marriot - Old Alton Business Park" parcel has dedicated the ROW for Old Alton Road so as to have the curves substantially increased such that the new alignment of Old Alton will no longer be adjacent to this property. As parcels are platted in the "park", common access through it to the Substation parcel will be required. The improvements are being managed by Denton County Public Works Christopher Steubing, P.E. Director of Public Works Denton County 1505 E. McKinney Street Suite 175 Denton, TX 76209 940.349.2960 ph Bud Vokoun 9/26/2006 Person to contact if there are questions Date 8 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 - Corinth Substation Denton Independent School District 1. Education services are currently provided by: 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 4. Estimate additional funding needed strictly based on proposed annexation and development. 5. Will projected school taxes from this development provide that additional funding? 6. Please comment on the cumulative impact of annexation and development. 7. At what population level would other school facilities be required for the City of Denton? 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Additional Comments: Person to contact if there are questions Date 9 Exhibit 3 Location Map A06-0002 N A Legend Annexation Site City Limits Exhibit 4 Notification Map A06-0002 ct ~ ~ ~ N A Legend Annexation Site 200 FEET NOTIFICATION 500 FEET NOTIFICAITON City Limits EXHIBIT 5 Proposed Annexation Schedule A06-0002 - Corinth South Substation Notices to Intent to Annex (30 day prior to 1 st PH) will be send on September 15th. Tuesday, 10/17/06 City Council conducts first public hearing. . Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. Tuesday, 10/24/06 City Council conducts second public hearing. (Special Called Meeting) . Public notice must be no less than 10 days and no more than 20 days before public hearing. VVednesday, 10/25/06 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and zoning Tuesday, 11/14/06 City Council by a four-fifths vote institutes annexation proceedings. (Special Called Meeting) First reading of annexation ordinance. . Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 11/18/06 Ordinance published . The ordinance cannot be acted upon until at least 30 days after publication. City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. . Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1 st reading). The second reading of the ordinance and zoning approval could be held any time between December 19,2006 and February 13, 2007. Tuesday, 12/19/06 Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1 st Reading of the Ordinance) more than 20 days after the second City Council public hearin2: but less than 40 days from the first City Council public hearin2:. - 1 - AGENDA INFORMATION SHEET AGENDA DATE: October 17,2006 DEPARTMENT: Planning and Development ICM: Howard Martin, 349-8232 .. SUBJECT Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 33 acres. The property to be annexed is generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Brand Road and legally described as Lot 2 of the Marriott Garden Addition. BACKGROUND Applicant: City of Denton Denton, TX A voluntary annexation proceeding is being considered by the City of Denton for Lot 2 of the Marriot Garden Addition and associated right-of-way. The ownership of Lot 2 is split between JVC Partners and Denton County. Denton County has agreed to the annexation of the northern 32 feet of Lot 2 that was purchased in 1997. The subject property is currently being used for industrial and warehousing purposes. The subject property consists of eleven buildings totaling approximately 275,000 square feet. The proposed annexation is being initiated by the City as a result of a breach in the contract between JVC Partners Inc., Marriott Rental Inc., and the City of Denton, dated December 4, 2001. The contract stipulates that the property owner agrees to limit the use of Lot 2 of the Marriott Garden Addition to industrial uses related to the production, storage and distribution of concrete, which were in operation at the time the contract was executed. As well, the industrial uses and existing facilities at the time of the contract, consisting of seven buildings totaling approximately 116,060 square feet, two office trailers, four storage silos and associated scaling equipment, and parking lot areas, were not to expand. The contract also notes several other restrictive covenants that limited the location on site of a temporary concrete batch plant, to one time only for a period of six moths, starting from the approval date of the required Texas Natural Resources Conservation Commission (TNRCC) permit. This covenant required from the property owner the immediate withdrawal of all permitting applications with governmental entities concerning the proposed asphalt batch plant. The agreement further stated that if the property owner develops, constructs, or applies for a permit for uses beyond the uses included in the restrictive covenants, that would constitute breaching the contract and the City could, at its discretion, initiate the voluntary annexation of the subject property. Staff has reviewed the agreement and the subject property and determined that the facilities on-site have been expanded beyond the original agreed upon terms. The Legal department on October 6, 2006, notified JVC Partners and Marriott Rentals, via certified mail, of the contract breach and the City's intent to annex the subject property. The applicant has made contact with the City and requested information about the annexation schedule. In anticipation of pending annexation, the City contacted the adjacent property owners to determine their interest in participating with the subject annexation (see Exhibit 8). A total of three property owners, including Denton County, were contacted. Of the three, Denton County agreed to annex to the City per Cathy Allcorn, Denton County Planning Manager, but the City received her response passed the time needed to be a part of the subject annexation. An additional annexation can be pursued to bring the Denton County into the City at a later time. The remaining two property owners had no interest in annexing to the City at this time. The following items summarize the proposed annexation and important actions taken: ~ September 12, 2006, staff received direction from the City Council to pursue voluntary annexation proceedings for approximately 33 acres legally described as Lot 2 of the Marriott Garden Addition and associated right-of-way. ~ September 15, 2006, the City of Denton issued a letter of intent to annex to property owners. ~ September 19, 2006, the County Commissioners voted in favor of the proposed city annexation of the county's property (see Exhibit 3). ~ The entire area proposed for annexation is located within City of Denton's extra territorial jurisdiction and is not zoned. ~ The Comprehensive Plan identifies this area to be within Employment Centers and 1 00- Year Floodplain land use designations. ~ The annexation is scheduled for completion on December 19,2006. Please refer to Exhibit 1. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexations of areas in the ETJ when significant developments are proposed." Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of-way. The Lot 2 of the Marriott Garden Addition site is located in Denton's ETJ Division 1. As such, development is subject to only the City's subdivision regulations and not zoning regulations. The subject site is platted; however, any subsequent subdivision or reconfiguration of Lot 2 will be subject to the City's subdivision regulations. Incorporation of this site into the City would not require additional properties. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION Staff recommends that the first public hearing for A06-0004 is held as scheduled, and pending comments received; determine if additional information is needed. Staff recommends that the public hearings proceed as scheduled, finding that: The need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) March 26, 1997, Final plat approved. June 5, 2001, First annexation attempt failed due to insufficient votes. December 4,2001, Second annexation withdrawn and signed contract executed. September 12, 2006, City Council Work Session FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. Proposed annexation area will add additional tax base to the city (see Exhibit 6). EXHIBITS 1. Proposed Annexation Schedule 2. Denton County Commissioners Court Annexation Approval Motion 3. Property and Zoning Maps 4. Memorandum Addressing Contract 5. Contract 6. Service Analysis 7. Draft Annexation Service Plan 8. Map of Property Owners Inquired About Annexation Respectfully submitted: ~~~ Kelly Carpenter, AICP, Planning and Development Director Deborah Viera, AICP Comprehensive Planner II ANNEXATION SCHEDULE Lot 2 of the Marriott Garden Addition Potential Annexation Notices to Intent to Annex (30 day prior to 1st PH) will be send on September 15th. Tuesday, 10/17/06 Tuesday, 10/24/06 Wednesday, 10/25/06 Tuesday, 11/14/06 Sunday, 11/18/06 Tuesday, 12/19/06 City Council conducts first public hearina. . Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. City Council conducts second public hearina. (Special Called Meeting) . Public notice must be no less than 10 days and no more than 20 days before public hearing. Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation. City Council by a four-fifths vote institutes annexation proceedings. (Special Called Meeting) First readina of annexation ordinance. . Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Ordinance published . The ordinance cannot be acted upon until at least 30 days after publication. . The publication of the ordinance would be on a Saturday instead of Sunday, as it has been done customarily. This change in publication day would allow holding the second reading of the ordinance on December 19, 2006 City Council by a four-fifths vote takes final action. Second readina and adoption of the annexation ordinance. City Council considers approval of zoning request. . Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). The second reading of the ordinance and zoning approval could be held any time between December 19, 2006 and February 13, 2007. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1 st Reading of the - 1 - Exhibit 1 Ordinance) more than 20 days after the second City Council public hearin2: but less than 40 days from the first City Council public hearin2:. - 2 - ~ DENTON COUNTY' COMMISSIONERS COURT /9, Day 2006 Year Court Order Number: -L~-O S~I THE ORDER: Approval of the Annexation bv the City of Denton of 1~,tCountv.Property on Masch Br~nch Road County Jod2e Yes Mary Horn Abstain No Absent Seconded by ~,. ') ~ Motion by Cu r;;: - Commissioner Pet No 1 Yes Cynthia White Abstain No Absent / Commissioner Pct No 2 Yes Sandy Jacobs Abstain No Absent ~ Commissioner Pct No 3 Yes Bobbie J. Mitchell Abstain No Absent ~ ~ Commissioner Pct No 4 Yes Jim Carter Abstain No Absent Motion Carried s~u "0 ~ulled from Consent :.....- No Action Postponed _ ATTEST: Cynthia Mitchell, County Clerk and Ex-Officio Clerk of the Commissioners Court of 1\",11111,'"",1. Denton County, Texas ~",\'o GOU~] ~~~ . -->=' 11/1 /I. ~ /) ~ ~~ ............".~ J\ BY: ~ I , I t ~ 1< .,.~ ~ ~ Deputy County Clerk ':~: -:e= :05 =c:::~ :2:: :a~ :~~ ~ V -.... ..... ~ S ~ _n #'.. ~ ....fIt __~ ~ ~ u~~ ..,......, ,,\y ~ ~J7~/l ~J. * \\,~~ 11Il"UII",,\\t Exhibit 2 Lot 2 of Marriott Garden Addition Legend City Limits D Parcels - Streets o Exhibit 3 Lot 2 of Marriott Garden Addition (fJ ~ ~ > o ~ ETJ 08 SITE le- Legend o City Limits D Parcels - Streets NR-2 EC-I IC-E RCC-N PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: BRIAN LOCI<LEY, PLAN IMPLELMENTATION COORDINATOR DEBOR1\H VIER1\, PLANNER II LOT 2 OF THE MARRIOTT GARDEN ADDITION 08.16.2006 A Restrictive Covenant was signed on December 4, 2001, between JVC Partners, Inc., Marriott Rentals, Inc., and the City of Denton for the property legally described as Lot 2 of the Marriott Garden Addition. In summary, it was agreed upon, that if the subject property were used for any use(s) other than the existing uses and structures at the time or materially expand the existing uses and structures as defined and shown on Exhibit A, incorporated into the Restrictive Covenant, that would constitute breaching the Covenant and 'such actions shall be deemed a request for voluntary annexation by the City and the property shall, at the discretion of the City, be annexed into the City.' If the subject property were voluntarily annexed into the City, the annexation would not count towards the maximum amount of land that may be annexed per each calendar year or any carry over allocations as per ~ 43.055(a)(4) of the Texas Local Government Code (TXLGC). Subsequently, because the annexation would be at the property owner request the subject annexation would not be subject to the 1,000 feet minimum width as per ~ 43.054 of the TXLGC. Currently, the city limits delineate the southern boundary of the subject property. No additional properties would be required for annexing the subject property. City of Denton, Planning and Development 221 N. Elm, Denton, Texas 76201 www.cityofdenton.com (940) 349-8350 fax: (940) 349-7707 - 1 - Exhibit 4 ~. ...~ \. : - .977 01723 RESTRICTIVE COVENANTS 130406 STATE OF TEXAS } } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON THESE Restrictive Covenants ("Restrictive Covenants") are made and entered into as of the'1fi.Jdayof U 6-C b.-iS rz-,/ , 2001, by and between the CITY OF DENTON, TEXAS . (the "City"), NC PARTNERS, INC., a Texas Corporation (the "Property Owner"), and . MARRIOTT RENTALS, INC. ("Marriott"). / WHEREAS, the Property Owner is the owner of an approximate 28.4215 acre parcel or tract of land located in the Denton County, Texas within the extraterritorial jurisdiction of the City as more particularly described as Lot 2, Block 1 of the Marriott Gardens Addition according to the plat thereof recorded as document number 97-R0041092 in the Plat Records of Denton County, Texas. ("Property"); and . -.:-- WHEREAS, Marriott is a lessee on the Property and has made application with the Texas Natural Resources Conservation Commission ("TNRCC") and Denton County to construct an asphalt batch plant on the Property; and WHEREAS, the City has initiated the involuntary .annexation of certain real property which includes the Property, pursuant to Annexation Case AOI-0004 (the "Annexation Case"), for the public benefit and for the benefit of adjacent properties and the owners thereof; and WHEREAS, the Property Owner has requested that the Annexation Case be dismissed in exchange for which they have agreed to enter into these Restrictive Covenants for the benefit of Property Owner, Marriott, the City, and the property owners adjacent to the Property; and WHEREAS, the beneficiaries of these Restrictive Covenants are the City, Marriott, the Property Owner and the property owners adjacent to the Property, and each has the right to enforce such covenants NOW THEREFORE, in consideration of the covenants contained in these Restrictive Covenants, including the City's dismissal of the Annexation Case, the receipt and sufficiency of which is acknowledged, the City, Marriott and Property Owner agree as follows: 1. The Property Owner hereby declares that all of the Property shall be held, sold and conveyed subj ect to these Restrictive Covenants, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the Property Owner, City, and their successors, heirs and aSSigns. Exhibit 5 ~ It e ~},977 Oll?L '* i _ j 2. The Property Owner covenants and agrees with the City that it will not use the Property for any use other than the existing uses and structures or materially expand the existing uses and structures as defined and shown on Exhibit "A" attached hereto and made a part by reference (the "Existing Uses") unless the Property is zoned to allow such other use after the Property is annexed into the City or unless the Property Owner receives the prior written consent of City~ The term Existing Uses also includes the right to locate, one time only, on the Property a temporary concrete batch plant for the production of concrete for use only on the Property, which right shall expire within six months after the TNRCC issues a permit for the temporary concrete batch plant (the "Temporary Concrete Batch Plant"). Property Owner shall not commence construction or development or apply for any permits for uses other than the Existing Uses on the Property, unless the Property Owner first receives City's written consent, or unless the Property has been annexed into the City and is zoned to allow such use. If Property Owner breaches its obligations hereunder by commencing construction or development or applying for a pemlit for a use not allowed hereunder, such actions shall be deemed a request for voluntary annexation by City and the Property shall, at the discretion of the City, be annexed into the City~ The Property Owner and all of its successors and. assigns covenant and agree ,..that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. The Property Owner and Marriott hereby waive any and all vested rights including rights and claims that they may have under Section 43.002 and Chapter 245 of the Texas Local Government Code related to uses or potential uses of the Property,. other than the Existing Uses. Without limiting the foregoing, this waiver and covenant includes any use of the Property for an asphalt batch plant or similar uses, except for the Existing Uses (the "Batch Plant"). Upon execution of these Restrictive Covenants by all parties, the Property Owner and Marriott hereby agree to immediately withdraw all applications for the Batch Plant upon the Property currently pending with any governmental entity and agency. Marriott agrees to abide by all of the covenants contained in this Section 2. Further, the Property Owner and Marriott acknowledge and agree that the terms, covenants and agreements contained in these Restrictive Covenants do not constitute actions of the City as contemplated by Subsection 2007~003(a)(3) of the Texas Government Code and the Property Owner and Marriott hereby waive any rights, remedies, claims, and causes of action that they may have under Chapter 2007 of the Texas Government Code against the City in connection therewith. 3. In consideration of the covenants and agreements contained herein the City has agreed to dismiss the Annexation Case~ Further, to the extent permitted by law, so long as there is no breach of the terms or ,conditions of these Restrictive Covenants, the City agrees not to involuntarily annex the Property for a period of five years from the date of the dismissal of the Annexation Case~ The Property Owner and Marriott represent and warrant that they are represented by legal counsel, that they make these Restrictive Covenants voluntarily, and that the City's dismissal of the Annexation Case and the City's conditional agreement herein not to involuntarily annex the Property are individually and collectively adequate consideration for the Property Owner's and Marriott's promises and covenants herein. The City's promise contained in this Section 3 regarding not involuntarily annexing the Property for a period of five years is hereby declared by the parties hereto to be severable~ If it is determined by a court of competent jurisdiction to be void, voidable, or unenforceable the remainder of these Restrictive Covenants shall remain in full force and effect as if such provision were not contained herein. Page 2 S:\Share\LA W _ WP\Patricia\MARRIOTT\Signed Restrictive Covenant Alt-l.doc e .977 01725 4. Any person who sells or conveys any portion of the Property shall prior to such sale or conveyance give separate written notice of these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to the City including a copy of such written notice. Notice to the City shall be addressed as follows: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 5. These Restrictive Covenants are to run with the land described herein as the Property and shall be binding on all parties and all persons claiming under them, and any future owners of the Property for a period of fifty years from the date these Restrictive Covenants are recorded. These Restrictive Covenants shall not be amended without the prior written consent of the City. 6. These Restrictive Covenants may be enforced by the Property Owner, the City, and their successors, .heirs or assigns by any proceeding at law or in equity. Failure by the Property Owner or the City to enforce any covenant shall in no event be deemed a waiver of the right to do so thereafter. 7 ~ Invalidation of any of the covenants or provisions contained in this instrument by judgment or court order shall not in any manner affect any of the other covenants or provisions herein set forth and all such remaining provisions shall remain in full force and effect. 8. No subsequent change in the law shall in anyway affect the validity or enforceability of these Restrictive Covenants. 9. This instrument may be separately executed in any number of individual counterparts, and such counterpart signatures, when assembled together, shall constitute one and the same instrument 10.. The Property Owner represents and warrants to the City that there are no. existing liens affecting the Property.. If this representation and warranty is inaccurate it shall constitute a breach of the terms and conditions of these Restrictive Covenants. The parties hereto have executed these Restrictive Covenants as of the date first above written. By: Name: Vickie Marria t President Page 3 S:\Share\LA W _ WP\Patricia\MARRlOTT\Signed Restrictive Covenant Alt.l.doc e e big 7 7 MARRIor RENTALS, INC. By: CITY OF DENTON, TEXAS BY: &~ / 8vfJc~ Euline Brock, Mayor ennifer K. Walters City Secretary APPROVED AS TO FORM: CITY ATTORNEY L- Page 4 S:\Share\LA W _ WP\Patricia\MARRlOTT\Signed Restrictive Covenant Alt-l .doc 01726 p It e ~f971 01727 ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the!J!)I-;Y Of"'ClCvl."tt:r:t , 2001 by Vickie Marriott, the President of NC Partners, Inc., a Texas corporation, on behalf of said corporation. ~ . (..".. '-". ,." ....~ . 't)~ - Notary Public, ra and for the State of Texas 9.?OOOOOOOOOOOOOOOOCCOO::>:)Q;)Oocooot~ ~. ~\\'I r/rf 8 '{ ..,~:~~.Jd PU;/~...... DEBBiE E. MILUCAN 8 'c ~. ~~ ~ ~ 8 8[~(*.: ~ ~ Notary PubHc~ State of Texas ~\._'::'~'.""".:$..l My Commission Exp. 02.16-20038 ~~~~~ R ~~~OOOOOOOOOOOOOOOOOOOOOOOO My Commission expires: ~... I u -- "t-C03 STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the:l..!iraY of ~t-UA.kL, 2001 by Vickie Marriott, the -=PJLtA{~~ of Marriott Rentals, Inc., a Texas corporation, on behalf of said corporation. ...... ,.' ,~ .... ,....,i'\.,...,.,"""~ ......,.....t'~f.. ~,i...h.,...OO^P>,oooooooo("'\:l"o, ~.)'~ ..,: . t...\r.,ff-<.;\.#"o#.....,...".,t~~.--d\~""-oi'J04\./-....J~ ~ VS '(.1 ~/ ....~~.~;~;. ;...} .:: :/>'~:" -' . .~ ~ ::';;":'~. 0 EBBI E E. M ILLlCAN 8 8 ~ < ~ );1~} .... ~ Notary Public~ State of-Texas 8 g ':<':'~;;i~."'<;(<'_::: My Commission Exp. 02~16-2003 8 ~. -"I,'j'; :-~\;~~,,, R a~\j\j~'OOO()0000CQCCOOOOOO()oOOOOOOOO . ~ J, f A ('-.7~ (~I l.4.t.U('~-- Notary Public, in and for the State of Texas My Commission expires: ,;2 - I (p ~ 2-(5(:;3 STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the '/!day of~, 2001 by Euline Brock, Mayor of the City of Denton, Texas, on behalf of said city. I "\,,,"'~~~M',,- S'~'\~. ~~!.f.~~ g~." ~ .,~.~ \ :.. -,~. ..~;~j ~~ti .;\\"'~~ ottitu, .,,"" JENNIFER K~ WALTERS Now ry P u blic~ State of ~exas t\ {y Cnmmi~:;;;on Exp~re~ Decernber19,2D02 N t Publ., in and for the State of Texas My Commission expires: /d.- / /q /o~ . / Page 5 S: \Share\LA W _ WP\Patricia \MARRIOTT\S igned Restrictive CovenantAl t-l.doc e e~977 o I" /.8 I J.~ EXHIBIT "A" THE "EXISTING USES" The Existing Uses are described as follows and are located in the structures or buildings as shown below: 2281 Masch Branch Road 18 approximately 11,060 square foot building used for o ffice/W arehouse purposes. 2281 A Masch Branch Road Office Trailer~ The trailer serves as office. 2281 B Masch Branch Road~ This is a building approximately 25,000 square feet designed and used for office/warehouse purposes. 2281 C Masch Branch Road.. This is a building approximately 25,000 square feet designed and used for office/warehouse purposes. 2281 D Masch Branch Road~ This is a building approximately 16,000 square feet designed and used for office/warehouse purposes. 2281 E Masch Branch. This is a building approximately 16,000 square feet designed and used for office/warehouse purposes~ 2277 Masch Branch Road and Parking Lot~ This is a building approximately 11,000 square feet designed and used for office/warehouse purposes. 2275 Masch Branch Road. This is a building approximately 12,000 square feet .designed and used for office/warehouse purposes. 2269 Masch Branch Road and Parking Lot, Adjoining Fuel Island and Truck Parking Area: This is tile existing trllck shop owned by JThf. Two (2) Asphalt Silos & Scales: The silos are used for the storage of asphalt The scales are used to weigh the asphalt upon removal from the silos. Scale House. This is a small office type structure used to store computer equipment and serves as an office. Two (2) Cement Silos: These. are used for the storage of cement. Guard Trailer~ This is a trailer used by a night watchman on the Property. Page 6 S:\Share\LA W ~ WP\Patricia\MARRIOTT\Signed Restrictive Covenant Alt-l.doc ~ t Hd~ I J ~j'm > I ~l" '~ c;I ( I~J12 ~ /~~ ~ ~l~~' I ;j ~1m I . ~I~~' j :U1~ II ;~ r~ L ~ m 'lo . ;j ! I ~ ,l toN l"'1 N p.1 CO :l ~ (1 t'r:I ::r ~ ~ en n ::r' \; :: ~ 5\ & ~ m l , t 1 f .:- e teN H N ~ CO , ]:j I--L n tj ~ :3:: PJ en n =r' QOl. A,.j' -~~ n j' I/Q W J io... .../ '\ ; J' IUHpTt ~_., -. .'----' ---.-rr : I. . ~., ',:. . : _ _.~. . ~ ~... I r - . : I 'N .. - ~ -:--": ::. : - :: "_-ri,~~~+:. :1.J'~'_: ~~.' :s:: I~"-' -r "'- :', OJ ' l ' .. .en .n .~ N I.... I .~. ~ ... . ~~ -~ - . : :"' -:j:~: l,:. . . j td . -. ". .. -.. - -- ,..- . -- l"i ~~ . I . ~ -1-'-<'-: : .. .00.' - - .: , g. ~~. ~ JI. . J' C\ : ,~ , ~.. ; ~. ~ n. :rJ - I~ _ ~ I r_ . '. ~ -". ..: ~ ~ ..' -.:.: ~ - -: ~ ~ - < .; >~ ~ ~ ~ . . .,'~. ~ ~ ~ ~.. . ~ ~.... ..:- '. - .. . + ~ . ~ . :: _ . _ I .:. ~_.... _ ~_ r . ~ :' ~ ~ . ~~ ~... ~~.~ .,.- ~ ~ ~ _ I _ ~ I .., .... -: r _ r -. ~ _ ~ I . ~ ~ ~._ = I ': ,+ - - . ~ -~ ~ ~ ~....... .. ~ . - ~ + . . -. . . . . - -. " :':'~'~;' ~ :... . - . ": ~ ~.: ; "- ~ t -.: ~ " . . -, ~ -.,: ~. ~.:..: . ;'". - ~:~:.' ~ . . : ". ~ . ~ : ~ :'. - :..: _ 7 :_. r.: ~ -r.~... ~.~. +r~ ~1: '+; _ I... ~; ~: ~ . . -. ;+ .. rl ... - ~... ~ ...-.. ~ ~ . I ...,... _..~ - - .-. n .- - . . ~ <. ':~j~-..;~US:'~r~r,~ ~ ~ ! . -1.Jt~ !..! ,~ .~ ;( ~ z:; ~ ; l -, ( , . . , I ! .::lOl. ~r EXHIBIT Page .7 b ---A- Ji J:) ,J! ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0004 The Planning and Development Department is processing a voluntary annexation for approximately 33 acres of land in the northwestern area of the City of Denton's extraterritorial jurisdiction (ET J) generally located at the southwest corner of Hampton Rd and Masch Branch Road intersection and legally described as Lot 2 of the Marriott Garden Addition, according to the plat recorded as document number 97 -R0041 092 in the Plat Records of Denton County, Texas, and associated right-of-way. Refer to map below. Size. 33 acres Location. Southwest corner of Hampton Road and Masch Branch Road intersection in the northwestern area of the City of Denton extraterritorial jurisdiction (ET J). Proposed uses. None at this time. Proposed zonina. Not determined at this time. However, the proposed zoning would be within the Employment Center zoning classification The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed. A service area analysis form is attached. Please provide the requested information and any other pertinent information you deem necessary. To determine the city's ability to provide services to the proposed area it is necessary to document: . Each department's existing capacity to provide an adequate level of service to the proposed area; . Additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and . Cost of providing additional service. Existing Conditions: Proximity to existina arterial and collector roads. The Mobility Plan designates Masch Branch Road as a collector. The property is located approximately 1 ,500 feet north of University Drive. University Drive is designated as an arterial road. The subject property fronts and has access onto Mash Branch Road. Future Land Uses. The proposed annexation area contains two future land use designations: Employment Centers and 100-Year Floodplain. The 100-Year Floodplain locates along the southwest corner of the subject property. Existina land uses. The subject property is currently used for industrial and warehousing uses. Eleven buildings, totaling approximately 275,000 square feet, locate on site. H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc Exhibit 6 Prominent natural features. The area to be annexed is located within the Hickory Creek watershed. Environmental Sensitive Areas (ESAs), including floodplain and stream buffers are located along the south and west boundaries of the property. Proximity to other service providers. The annexation area is along the northwestern border of the City of Denton. Based on current data, there is an 8-inch water line along the street frontage of the property. The closest 8-inch gravity sewer line locates on Hampton Road. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Deborah Viera in the Planning and Development Department at deborah.viera@citvofdenton.com by September 25, 2006. You may reach her at 349-8368 if there are any questions. LOCATION MAP OF PROPOSED ANNEXATION AREA Parcels Proposed for Annexation Current City Limits H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc AERIAL OF PROPOSED ANNEXATION AREA H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 5 & 3, located at the intersections of Windsor and Bonnie Brae, and McCormick andl35E 2. Estimated response time. 7 minutes 3. Appropriate response time in the City. 5 minutes 4. Is a new fire station approved in the CIP that could serve this area? No. 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? No. 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. Not Applicable 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? 1 per 20,000 residents Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No. Is there an accepted fire fighter to population ratio that can be used for planning purposes? 1 per 1,000 residents Additional Comments: We already respond to this area. It would have no negative impact on our resources. Rick Jones. Fire Marshal Person to contact if there are questions September 15. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are North Lakes Park (2. 15 miles), McKenna Park (2.29 miles), and Airport Open Space Park (2.21 miles). Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not indicate a need for a Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: Community Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre. 3.0 acres per 1,000 population 30 acres minimum 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None Service Standard: Based on $3,454 (developed) cost per acre 4. How many additional personnel would be needed to properly serve this area if annexed and developed? None Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: Bob Tickner. Superintendent of Park Plannina and Development Person to contact if there are questions Sept. 27. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Police 1. Estimated average response time for this area based on current department conditions: Priority 4 minutes Non-priority 21 minutes Average 12.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 4 minutes Non-priority 21 minutes Average 12.5 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No 4. Will additional equipment and funding be needed to serve this area? No 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? Not Applicable Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No Is there an accepted officer to population ratio that can be used for planning purposes? 1.79 officers per 1,000 citizens Additional Comments: Lt. Lenn Carter Person to contact if there are questions September 25. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Librarv 1. Estimated additional funding needed strictly based on proposed annexation and development. $0.00 2. Please comment on the cumulative impact of annexation and development. No there will no cumulative impact on library services as a result of this annexation and development. 3. At what population level would another library facility be required? 131,738 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita. 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2,712.31 is the national sample mean of population per FTE total paid staff. 6. At what population level would another library facility be required? 131,738 Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2,712.31 is the national sample mean of population per FTE total paid staff. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes Eva Poole. Director of Libraries Person to contact if there are questions September 26. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? Yes 3. What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. Personnel. Not Applicable Not Applicable 4. What is the typical revenue collected per: Household. Commercial Business Residential Carts - 3 sizes Dumpsters and Roll-Off Containers Call Customer Service for rates. 940-349-8787 5. Will additional equipment be needed to serve this area if annexed or developed? No 6. Will additional employees be needed to serve this area if annexed or developed? No 7. Please comment on the cumulative impact of annexation and development. We can begin serving this area immediately. At what population level would additional equipment be required? Not Applicable Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: S. Lebsack Person to contact if there are questions September 19. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME services a portion of the 33 acres and electric service to the rest of the site is provide by TXU. 2. What type of lines and facilities would be required to serve this area? Electric lines to serve this site are in place. 3. Are any new lines or facilities proposed for construction to serve this area? No 4. Are there any potential responsibilities if this area is annexed? The street lighting of Masch Branch Road. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: Donald McLauahin Person to contact if there are questions September 15. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. a inch Location of water line. Masch Branch Road Distance from proposed annexation. Along the property on Masch Branch Road 2. What is the nearest City of Denton sewer line? On Hampton Road Size of sewer line. The proposed annexation area is served by an existing sewage lift station that discharges into an existing a-inch gravity sewer line on Hampton Road. Location of sewer line. Hampton Road Distance from proposed annexation. Adjacent to site 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines Not Applicable Sewer lines Not Applicable 4. Are there any City of Denton lines included in the proposed annexation? Existing water and wastewater lines are located within Masch Branch Road and Hampton Road that currently provide service to the proposed annexation area. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: The proposed annexation area is served by existing water and wastewater lines. No additional capacity is needed to serve the proposed annexation area. Tim Fisher, Assistant Director Water & P. S. Arora, Assistant Director Wastewater Persons to contact if there are questions September 25. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Enaineerina and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Masch Branch Rd between University and the south property line of this parcel is not of sufficient structural integrity to support the expect volumes and type of traffic this site generates and may require substantial improvements or upgrades in the near future. Name and location Masch Branch Rd (between University and the south property line) Tvpe of Improvement mill and overlay Approximate Cost unknown at this time 2. Are any of these improvements presently scheduled to be done at state or federal expense? No 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). Drainage improvements funded by the local government are not required. General comments: The DF-3 floodplain (Zone A) encroaches onto the west side of the property. Fill and grading was completed within the floodplain along the west side of the annexation property to construct the parking area and a warehouse building. The City believes the property owner has not received a letter of map revision from FEMA, which is a violation of the National Flood Insurance Program. Upon annexation, this will also be a violation of the City's Flood Prevention and Protection Code (Chapter 30). The warehouse structure at the southwest corner of the property will be non-compliant upon annexation. The owner will be required to achieve compliance with the NFIP and Chapter 30 as a prerequisite to receiving a development or building permit for any additional improvements to the property. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? No 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Not Applicable Is there an accepted equipment to population ratio that can be used for planning purposes? Not Applicable H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Is there an accepted employee to population ratio that can be used for planning purposes? Not Applicable Additional Comments: Bernard Vokoun & Edward Witkowski Person to contact if there are questions September 26. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc EXHIBIT B CITY OF DENTON ANNEXATION PLAN FOR A06-0004 (Lot 2 of the Marriott Garden Addition) I. AREA ANNEXED The annexation area is located in the northwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 33 acres of land generally located at the Southwest corner of Hampton Rd and Masch Branch Rod intersection and legally described as Lot 2 of the Marriott Garden Addition and associated right-of-way. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(0) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 7.5 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). C. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. 1 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc Exhibit 7 D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Development Code, Chapter 35 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Employment Centers and 1 00- Year Floodplain! Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The Department is an entirely fee 2 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc based operation and received no resources from taxes. Solid waste collection service will be provided to the property upon the effective date of the annexation using existing personnel and equipment. The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers after the effective date of this annexation in accordance with Texas Local Government Code, Section 43.056(0) (Vernon Supp. 2000). The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349- 8787 to initiate service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to . . . receIvIng servIce. Residential Solid Waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur on Monday of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. 3 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. W ater/W astewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. Existing City of Denton water and sewer lines are located along the boundaries of the annexation area. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. c. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric and TXU are the current electric service providers for this site. 4 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ~) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 5 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc Property O,^,ners Inquired About Annexation Exhibit 8 AGENDA INFORMATION SHEET AGENDA DATE: October 17,2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND DeCarlo Noble has resigned from the Planning and Zoning Commission. This is a nomination for Council Member Thomson. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S : \Agenda Items\Board-Commission vacancies.doc DeCarlo Noble, M.D., P A 209N. Bonnie Brae, Suite 205 Denton, Texas 76201 940-891-3600 October 4, 2006 Planning and Development City Hall West 221 N. Elm Denton, Texas 76201 Dear Planning and Development, It is with much regret that I inform you of my intent to resign from the planning and zoning commission effective today. The rapid growth of the city that brings the increase of residents also increases the number of deliveries in my medical practice. It has become apparent that I will not be able to continue my duties on the commission at this time. It has been an honor serving on the committee with each of you and to have been a part of the decision making and development process for the City of Denton. I hope I am able to be of service in the future. I wish each and every one of you continued success. Sincerely, , -CJJN~ ~-0 ", eCarlo Noble, M.D. 10-09-06A08:27 RCVD j \.J--V~-UUIiJu ~ 4- i h\,..\....