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HomeMy WebLinkAboutApril 3, 2007 AgendaAGENDA CITY OF DENTON CITY COUNCIL April 3, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 3, 2007 at 5:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be consl ere 1. Requests for clarification of agenda items listed on the agenda for April 3, 2007. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section 551.071. 1. Discuss legal strategies and alternatives regarding potential litigation concerning street failures in selected subdivisions. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET S~ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, April 3, 2007 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 City of Denton City Council Agenda April 3, 2007 Page 2 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 - C). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - C 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 of the City Council of the City of Denton, Texas, approving a Downtown Incentive Reimbursement Grant Program, and establishing an effective date. B. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for fire fighting equipment to be installed on five fire trucks for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3739-Bid for Firefighting Equipment awarded to the lowest responsible bidder meeting specification for each item for a total award amount of $377,042.53). C. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of two tandem off highway yard trucks as awarded by the State of Texas Building and Procurement Commission contract TXMAS-7-MAS-23V020; providing for the expenditure of funds therefor; and providing an effective date (File 3752-Yard Trucks for Solid Waste Department awarded to Shoppa's Material Handling in the amount of $87,718 per unit for a total award amount of $175,436 ). The Public Utilities Board recommends approval (5-0). 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 5.28 acres from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The subject property is generally located on the northwest corner of Mockingbird Lane and Oriole Lane. (Z07-0004, Oriole Court). The Planning and Zoning Commission recommends approval (7-0). City of Denton City Council Agenda April 3, 2007 Page 3 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 18.27 acres into the corporate city limits of the City of Denton, Texas. 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 1 of the Marriott Garden Addition. (A06-0006, Marriott Garden, Lot 1) The Planning and Zoning Commission recommends approval (7-0). B. Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 1,199 acres of land, consisting of three tracts, into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the City of Denton's extraterritorial jurisdiction north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. (A06-0005, Hills of Denton) The Planning and Zoning Commission recommends approval (7-0). C. Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 23.84 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) at northwest corner of I-35W and Robson Ranch Road. (A06-0003, Robson Ranch Retail) The Planning and Zoning Commission recommends approval (7-0). D. Consider nominations/appointments to the City's Boards and Commissions 1. Public Art Committee -Mayor Pro Tem Kamp 2. Zoning Board ofAdjustment -Council Member Montgomery E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Jordan Hudspeth regarding concerns of Southeast Denton. b. Lanisha Hudspeth regarding concerns of Southeast Denton. c. Hagar Hudspeth regarding concerns of Southeast Denton. d. Willie Hudspeth regarding concerns of Southeast Denton. F. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. G. City Manager's Report H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda April 3, 2007 Page 4 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 , 2007 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: April 3, 2007 DEPARTMENT: Economic Development CM: George C. Campbell ~T 1R_TF,rT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a Downtown Incentive Reimbursement Grant Program, and establishing an effective date. BACKGROUND At the March 6, 2007, City Council Work Session, Council received a report and discussed the proposed Downtown Incentive Reimbursement Grant Program. Council advised staff to move forward and bring the policy back for formal approval. The attached ordinance establishes the incentive program and provides for the City Council to consider the level of funding each year during the budget process. The Downtown Task Force initiated the development of the policy, recommending approval to the Economic Development Partnership (EDP) Board. The EDP Board reviewed the program and recommends approval to the City Council. Staff researched incentive policies from several Texas cities -Georgetown, Waco, Lewisville, Fort Worth, Dallas, Houston and Bryan-College Station. The draft policy is very similar to Georgetown's policy. Key elements of the draft policy are: • Grant funds area 50:50 match and are reimbursed upon receiving proof of expenditure and completion of work. • Certain redevelopment activities are eligible for grant funds. o Facade Rehabilitation o New Awnings and Signs o Impact Fee Reimbursement o Utility Upgrades • An applicant is defined as an eligible property within the Downtown Central Business District. A single owner of multiple properties may apply for grant funds for each property but may not receive more than $50,000 per property. • Projects would be considered based on: o Compliance with current building standards o Perceived need for proposed renovations and historical accuracy o Design quality o Compatibility of design in relation to other buildings o Proj ect compatibility with streetscape objectives o Proj ect compatibility in relation to Downtown Development goals o Proximity to Courthouse-on-the-Square -1- • A process for proj ect review, recommendation and approval are defined. o City staff review o Downtown Task Force review and recommendation o Economic Development Partnership Board review and recommendation o City Council review and approval FISCAL IMPACT Adoption of this policy would require funding consideration each year during the budget process. If funded at the recommended level, the first year would require $250,000 and subsequent years would replenish the fund level back to the original $250,000. The DTTF recommended this amount based on the assumption that five projects could be funded at the maximum level. Actual funding would be determined with the adoption of the annual budget. PRIOR ACTION The Economic Development Partnership Board reviewed the draft policy and recommended it be forwarded to the City Council for consideration (5-0). City Council reviewed the policy and directed staff to return with an ordinance to formally adopt the incentive program at their March 6, 2007 work session. EXHIBITS Ordinance Downtown Incentive Reimbursement Grant Program Respectfully submitted: ~~ .~ •n ( ti r}-r/ _ tit. i r •5 ti i ~ F ~I~1 ~ :r. + ~. w Linda Ratliff, Director Economic Development Department -2- :I~ur Dacumentslardinarnces1471Uownt~wn ~ncen~ive P~ag.da~ ORDINANCE N~. AN ORDNANCE F THE CITY C~~JNCIL OF THE CITY ~F DENTIN, TEXAS, APPRO~Il~~ .~ DONTQN Il~CENTIVE EIIVIUSEIVIENT CrRANT PR~C~RA, AND STABLISHIN AN EFFECTIVE DATE. WHEREAS, on February 14, ~~~7, the Do~nton Task Farce ~"DTTF"} unanimously recommended creating a~n incentive program to promote desired develap~nentlredevelapment in the do~ntov~n area of the City of Denton; and HEIAS, the DTTF also recommended that the City Council fund the program in an arnaunt to be considered annually by the City Council; NOS, THEREFORE, THE CUNCIII OF THE CITY ~F DENTIN HEREBY ORDAINS; SECTION 1, The City Council of the City of Denton hereby approves the Danto~vn Incentive Rein~bursen~ent Grant Pragran~, attached hereto and made a part hereof. SECTION ~. The City Council will fund the Program an amount to be considered annually. SECTION This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , ~aa~. PERRY R. McNE1LI1, MAYOR ATTEST. JENNIFER FALTERS, CTTY SECRETARY BY. APPROVED A T~ LEGAL FDR: EDP . SNYI]ER, CITY ATTORNEY ~Y: DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM Application Instructions If you have any application questions, please contact the Downtown Development office at 940-349- 7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. The City of Denton Downtown Development Department works to revitalize and enhance the unique character of Downtown through historic preservation and community involvement, while at the same time promoting Downtown, providing educational and technical assistance to business and property owners, and maintaining the beauty of Denton. As an economic incentive, the City of Denton Downtown Development Department has designed the following incentive reimbursement grant program. PROGRAMDETAILS (please read carefully): The Downtown Incentive Reimbursement Grant Program is set up as a single payment reimbursement to property owners per building/business, and in some situations, tenants. Reimbursement grants are available for the following types of projects: • Facade Rehabilitation a. Definition: Removing slipcovers or non-historic/added facades, repointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, roof and foundation work. b. Limits: i. 50/50% matching basis with a cap of $50,000 per grant ($100,000+ total project cost) for facade, roof and foundation work. Roof and foundation repair may constitute no more than 50% of minimum threshold amount and shall only be considered for funding if included as a portion of a larger project. ii. 50/50% matching basis with a cap of $5,000 per grant ($10,000+ total project cost) for paint-only grants • New Awnings & Signs a. Definition: Replacing, adding or repairing awnings & signs. Signs may include signboards, projecting signs and pedestrian signage (includes window sign, hanging sign and awning/canopy sign). b. Limits: i. 50/50% matching basis with a cap of $5,000 per grant ($10,000+ total project cost) for awning work ii. 50/50% matching basis with a cap of $500 per grant ($1000+ total project cost) for signage 1 of 11 DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc PROGRAM DETAILS (continued) ~ Impact Fee Reimbursement a. Definition: Reimbursement for City of Denton water and wastewater impact fees b. Limits: i. 50/50% matching basis with a cap of $50,000 per grant ($100,000+ total project cost)) ~ Utility Upgrades a. Definition: Upgrades to water, wastewater and electrical service, includes interior upgrades as well as exterior service upgrades b. Limits: i. 50/50% matching basis with a cap of $50,000 per grant ($100,000+ total project cost) GRANT GUIDELINES (please read carefully): 1. Facade rehabilitation grant funds are available for exterior work on building facades that immediately overlook public streets located in the Main Street Area as defined in the Downtown Master Plan (see attached map), as well as roof and foundation work on commercial buildings in that district. 2. Grants are on a first-come, first-served basis until Council-allocated funds are depleted, or until the program ends, whichever comes first. 3. No grants will be awarded for work that has already been completed or for work that is covered by insurance. Incentive grant applications must be submitted before requests for building permits. 4. All grants will be awarded on a reimbursement basis once completed work has been verified by City staff as compliant with the plans proposed in the approved application. Any deviation from the approved grant proj ect may result in the total or partial withdrawal of the grant. 5. All submitted work will be reviewed based on the Secretary of the Interior's Standards for Rehabilitation (see page 8) and the City of Denton Property Appearance Guidelines (available from the Downtown Development office). The Denton Downtown Task Force (DTTF) and the Economic Development Partnership Board (EDPB) will review submitted work and make a recommendation to the Denton City Council. Approval from the City Council must be obtained before any eligible work may begin. 6. Grant applications and awards can be made in any of the reimbursable activities listed above and may be combined for any single property or project. However, the maximum award amount available annually per applicant is X50,000. 2 of 11 DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc 7. An applicant is defined as an eligible property within the Denton Central Business District. A single owner of multiple properties may apply for grant funds for each property owned but may not receive more than $50,000 per property. 8. Projects will be reviewed with the following considerations in mind: • proj ect compliance with all current building standards, • perceived need for proposed renovations to building, historical accuracy of proposed renovations, • design quality of the proposed renovations, • compatibility of design in relation to other buildings, • proj ect compatibility with streetscape objectives, • proj ect compatibility in relation to downtown development goals at time of application, • proximity to Courthouse-on-the-Square. 3of11 DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc GRANT APPLICATION PROCESS 1. Determine eligibility: Discuss project plans with Downtown Project Coordinator and set up an appointment for free assistance in selecting paint, fabrics, color schemes and sign materials for building facade and signs through the Texas Main Street Center's Architectural Assistance Program. The Property Appearance Guidelines should be a reference guide when making any design improvements to properties in the Central Business District. The Property Appearance Guidelines are available from the Downtown Development office at 215 E. McKinney, Denton, TX 76201. 2. Fill out incentive reimbursement grant application form and sign the agreement form. All grant applications must include a scale drawing by the Texas Main Street Architect, the project architect or contractor of all the proposed grant work to be done. Color samples of all final paint selections and/or final fabric or sign material selections must be included with the application to be reviewed by the Downtown Task Force (DTTF), the Economic Development Partnership Board (EDPB) and approved /rejected by the Denton City Council. Obtain itemized written work estimates on all project work from contractors or project architects. Self contracted work will be reimbursed for actual legitimate expenses, excluding labor. 3. Return the completed application form with all original itemized work estimates, color samples, drawings and example sign material of the proposed work to the Downtown Development office at 215 E. McKinney no later than 5 p.m. the Monday prior to the 1St Wednesday of each month. 4. The approval process will include without limitation the following: (a) All projects must meet current building standards and codes, as well as building permit requirements. (b) The DTTF meets the 2nd Wednesday of each month at 9:00 AM and all applicants are required to attend and present their grant reimbursement project to the DTTF for review and recommendation to the EDPB. (c) The EDPB meets the 3rd Monday of each month at 11:30 AM and will review submitted applications along with the DTTF's recommendation. The EDPB will then make a recommendation to the Denton City Council for the project's approval /rejection. (d) The Denton City Council has the final discretion with regard to funding and reserves the right to modify or reject any project or elements of any project. (e) The Denton City Council will receive recommendations from the DTTF and EDPB. The DTTF and EDPB recommendations shall be advisory only and no recommendation shall be binding on the Denton City Council. (f~ The Denton City Council shall consider only Applications which have been properly and fully completed and which contain all information required in the Application or requested by any committee, board or the Denton City Council. (g) All construction bids submitted by an Applicant must be current and must be dated no earlier than ninety (90) days prior to the Application request. Bids shall be submitted on the contractor's or project architect's letterhead and shall contain the contractor' name, address, telephone number 4 of 11 DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc and shall itemize the bid in a manner that allows the DTTF, EDPB and Denton City Council to determine the bid components and authenticity of the bid. (h) An Applicant who submits an Application that was denied a grant by the Denton City Council shall not be eligible to re-submit a grant application for six (6) months from the date the prior Application was declined by the Denton City Council. (i) Applicants receiving approval by the Denton City Council shall commence construction described within the Application within ninety (90) days from the date the grant is awarded by the Denton City Council. All Applicants must complete the construction described in the Application within one (1) year from the date the grant is approved by the Denton City Council If the Applicant is unable to commence construction within ninety (90) days from the date the grant is approved or complete construction within one (1) year from the date the grant is approved, the Applicant may submit a written request for an extension for the commencement date or completion date provided the extension request is made prior to the ninety (90) day or one (1) year time limit. The Denton City Council shall not be obligated to allow extensions but may do so for good cause determined solely by the Denton City Council. The extensions, if granted, shall be for the term and for the conditions determined exclusively by the Denton City Council. An extension denial cannot be appealed and shall be final with the Denton City Council. (j) As a condition of this grant Application, the Applicant consents and shall allow the Downtown Development staff to request City inspections to determine that the grant, if awarded, will not be used for construction on any building that is not in compliance with the City Municipal Codes and Ordinances that are applicable to the construction contemplated in the application. (k) The Denton City Council shall have sole discretion in awarding grants. The Denton City Council shall award grants considering the grant amount requested, grant funds available, the guidelines of the grant program, condition of the building in which the grant funds will be used, economic impact, other grant requests, the type and nature of the construction, and the proposed construction results considering the grant program.. (l) No Applicant has a proprietary right to receive grant funds. The Denton City Council shall consider any Application within its discretionary authority to determine what grant amount would be in the best interest of the Grant program. The review criteria may include, but shall not be limited to, project compliance with all current building standards, perceived need for proposed renovations to building, historical accuracy of proposed renovations, design quality of the proposed renovations, the compatibility of design in relation to other buildings, project compatibility with streetscape objectives and project compatibility in relation to downtown development goals at time of application. (m) The Applicant shall be required to furnish photographs of the building's exterior, roof and foundation as part of the Application request and shall provide photographs after the construction is completed, as a condition of final grant reimbursement. (n) The Applicant is required to obtain all applicable City permits and City approvals required for the construction if a grant is awarded. Sofll DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc (o) No Applicant, nor Applicant agent, representative or tenant shall be entitled to receive grant approval on the same property if requested within three (3) years from the date a previous grant was awarded by the Denton City Council. (p) An Applicant must attend DTTF, EDPB and Denton City Council meetings which consider the Application. Failure to attend a meeting when required shall be cause for rejection of the Application. 5. Reimbursement: When the entire grant project has been satisfactorily completed and reviewed, the applicant shall present the Downtown Development office with copies of all paid invoices, including copies of cancelled checks and/or credit card receipts, for a single payment reimbursement of the approved funding. 6 of 11 DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc REHABILITATION TIPS • Roof, foundation and structural items should be given priority over cosmetic improvements. • Carefully examine old buildings for termites, wood rot and general deterioration. • When repairing a building, do not cut expenses on the roof or the foundation. • Be aware of areas on the roof and at connecting walls where water does not readily drain. Flashing should be installed at intersections to prevent leakage. • Carefully locate air conditioning units to avoid water condensations on the sides of buildings. Condensing units should be supported from the masonry walls and not placed directly on the roof. • The top brick cornices that project above the roof deteriorate rapidly unless they are capped with metal, terra cotta, stone or concrete. • When mortar is missing or in poor repair, moisture will enter the walls and eventually may cause structural damage. Deteriorated mortar should be removed to a depth of at least three-fourths of an inch and replaced with new mortar that matches the old in color, texture and striking of the joint. • Do not sandblast. Chemicals and/or water can remove dirt and paint without damaging the surface of the building. • Do not paint too often; many times a building only needs mild washing. • If the building has stone or brick that has never been painted, do not create a maintenance problem by painting it. • Existing architectural details, including old wood doors, windows, ceilings, and trim work add to the character of a building and its resale value. Repair these features rather than remove them. • Wood windows are reasonable to repair, if a specialist in window repair can be found. If the windows are missing, custom-made windows can be ordered for replacement in old buildings. • Pressed metal ceiling panels are still being manufactured today with some of the same patterns installed originally. Deteriorated panels, therefore, can be replaced exactly. • Do not use aluminum siding. It can hide water penetration into the walls and accelerate deterioration. • Before rehabilitating a building facade, take a careful look at the structural aspects of the building. Develop a design that is compatible with neighboring buildings. • Retain a sense of continuity by carrying exterior building design inside the structure. • Demand quality. 7 of 11 DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc SECRETARY OF INTERIOR'S STANDARDS FOR REHABILITATION All Downtown Incentive Reimbursement Grant applications will be reviewed by the DTTF and EDPB and approved by the Denton City Council for design appropriateness. The DTTF, EDPB and Denton City Council will maintain an awareness of the Standards of Rehabilitation as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its original intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features will disqualify any building from this program. 3. All building, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged and may disqualify any building from this program. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance maybe recognized and respected. 5. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. 6. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will change or damage the historic building materials shall not be undertaken. 7. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural materials, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 8. Whenever possible, new additions or alterations to structures shall be done in such a manner that if such addition or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. New additions should be compatible to the present structure. 8of11 DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc DEADLINE: Monday prior to the 1St Wednesday of each month Date Received: DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM CHECKLIST Use this form as a checklist to follow all steps needed to complete the Downtown Incentive Reimbursement Grant Program application to receive approval. ^ Meet with Downtown Project Coordinator to determine eligibility and to walk through Downtown Incentive Reimbursement Grant and instructions, and to possibly set up appointment for free assistance from the Texas Main Street Center's Architectural Assistance Program. ^ Meet with the City's Historic Preservation Officer (940-349-7732) if any work may involve receiving a building or sign permit or dealing with historic preservation issues. ^ Complete the Downtown Incentive Reimbursement Grant application form and sign agreement form. Include the following required attachments: scale drawing by the Texas Main Street Architect, the project architect or contractor of all the proposed grant work to be done including signage renderings, color samples of all final paint selections and/or final fabric or sign material selections, photographs of building's exterior, roof and foundation. ^ Return completed application and agreement form with required attachments no later than Sp.m. on the Monday prior to the 1st Wednesday of the month to the Downtown Project Coordinator to be added to the next DTTF meeting agenda. ^ Attend and present Downtown Incentive Reimbursement Grant application project to DTTF and EDPB for their recommendation to the Denton City Council. ^ Receive project recommendation of proposed work listed on grant application. Get signatures and recommendation status of the chairs of the DTTF and EDPB on last page of application form. ^ Return all paperwork to Downtown Project Coordinator to be scheduled for a future Denton City Council meeting. ^ Attend Denton City Council meeting where staff will present Downtown Incentive Reimbursement Grant application project to the Denton City Council for their approval. ^ If approved, Downtown Incentive Reimbursement Grant project construction may commence. Work must commence within ninety (90) days of approval from Denton City Council and be completed within one year. ^ Upon completion of Downtown Incentive Reimbursement Grant project, furnish photographs of the building's exterior, roof and foundation; copies of all paid invoices, including copies of cancelled checks and/or credit card receipts, to receive a single payment reimbursement of the approved funding. 9 of 11 D~'T S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM APPLICATION Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the 1St Wednesday of each month. If you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. 1 Applicant Name Date 1 Business Name 1 Mailing Address 1 Contact Phone Email Address 1 Building Owner (f d fferent from applicant) 1 HistoricaUCurrentBmlding Name 1 Physical Building Address 1 Type of Work: (check all that apply) Facade Rehabilitation Facade -Paint-only Awnings Signage Impact Fee Utility Upgrade 1 Details of Planned Improvements for Downtown Incentive Reimbursement Grant: (attach additional paper if necessary) List Contractor/Project architect Proposals and Total Amounts (please attach original proposals): 1. 2. 1 TOTAL COST OF PROPOSED PROJECT: 1 AMOUNT OF GRANT REQUESTED (SO% OF TOTAL COST ABOVE: Attach with all required color samples of paint, awning/canopy, sign design, etc., as well as photographs of building's exterior facade, roof and foundation. Applicant's Signature Date 10 of 11 DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc DOWNTOWN INCENTIVE REIMBURSEMENT GRANT AGREEMENT FORM Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the 1St Wednesday of each month. If you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. I have met with the Downtown Project Coordinator, and I fully understand the Downtown Incentive Reimbursement Grant Procedures and Details established by the Denton City Council. I intend to use this grant program for the aforementioned renovation projects to forward the efforts of revitalization and historic preservation of Denton's historic downtown. I have not received, nor will I receive insurance monies for this revitalization project. I have read the Downtown Incentive Reimbursement Grant Application Procedures including the Downtown Incentive Reimbursement Grant Details. I understand that if I am awarded a Downtown Incentive Reimbursement Grant by the Denton City Council, any deviation from the approved project may result in the partial or total withdrawal of the Downtown Incentive Reimbursement Grant. If I am awarded a reimbursement grant for facade, awning or sign work and the facade, sign or awning is altered for any reason within one (1) year from construction, I may be required to reimburse the City of Denton immediately for the full amount of the Downtown Incentive Reimbursement Grant. Business/Organization Name Applicant's Signature Printed Name Date Building Owner's Signature (if different from applicant) Printed Name Date DTTFSignature (obtain signature at DTTF meeting) Recommendation Date EDPB Signature (obtain signature at EDPB meeting) Recommendation Date llofll DRAFT S:1Incentive ProgramlDowntown Incentive Grant Program Application.doc AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2007 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Ross Chadwick 349-8830 ACM: Jon Fortune ~TIR.TF,CT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for fire fighting equipment to be installed on five fire trucks for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3739-Bid for Firefighting Equipment awarded to the lowest responsible bidder meeting specification for each item for a total award amount of $377,042.53). BID INFORMATION This bid is for the acquisition of the peripheral and support equipment for the five new fire trucks approved by Council. The funding for these items was approved with the purchase of the truck but not included in the actual cost of the truck. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved the purchase of two fire trucks on May 2, 2006 and three additional units on February 20, 2007. RECOMMENDATION Award of a contract for the purchase of specific items to the lowest responsible bidder as listed below for a total award amount of $377,042.53. Items 2.10-2.17, 3.1, 4.1, 4.4, 4.18, 4.19-4.22, 5.6-5.8, 5.13, 5.15-5.18, 5.22, 5.25, 6.10, 6.12, 6.16, and 6.17 awarded to Municipal Emergency Services in the total amount of $99,167.73. Items 1.1,1.6,1.7, 2.1-2.9, 2.30,4.5, 4.15, 4.16, 4.23, 6.3, 6.4, 6.6-6.8, 6.14, and 6.15 awarded to Metro Fire Apparatus Specialists in the total amount of $116,359.30. Items 1.2-1.5,1.8,2.18-2.29, 3.2, 3.3, 4.2, 4.3, 4.6, 4.8-4.14, 4.17, 4.24, 5.9-5.12, 5.19-5.21, 5.23, 5.24, 5.26, 5.27, 6.1, 6.2, 6.5, 6.9, 6.11, 6.13, and 6.18 awarded to Dooley Tackaberry in the amount of $37,142. Item 7.5 awarded to Medtronic Physio-Control, Inc. in the total amount of $41,953.50. Items 5.1-5.5, 5.14, 5.28, 6.19-6.21 awarded to Specialty Rescue & Fire in the total amount of $82,420. Agenda Information Sheet April 3, 2007 Page 2 PRINCIPAL PLACE OF BUSINESS Municipal Emergency Services Dooley Tackaberry Euless, TX Deer Park, TX Metro Fire Apparatus Specialists Specialty Rescue & Fire Medtronic Physio-Control Houston, TX Grandview, TX Redmond, WA ESTIMATED SCHEDULE OF PROJECT Delivery of the items listed on the bid can be made within 30-60 days of receipt of an order. FISCAL INFORMATION These items will be funded from 100118454.1355.30100. 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Z Z L0 r a W 0 Z Z Z ~ X w /~ W ~` N M W M W M W :::::::::::::: ~+/~ W ~+/~ W ~+/~ W ry~ W ry~ W ~ N - L B O O 0 ;;;;;;;;;;;;;; O O O O O O a~ ~ z z z :::::::::::::: z z z z z ~ ' N W . _ 0 ~ o o o ~ ~ ~ ~ o ~ ~ ~ ~ ~ L ~ ~ L L L 3 N ~ N AA'' W N W A' o ~ +~ Z L N ~ ~ G ~ N a m ~ `~ a~ ~ ~, _ - ~ ~ ~ ~ = s ~ N W ~ ~ ~ ~ L Q O to ~ N Q ~ 0 a a~ o ~ ~ W N ~ ~ O ~ L ~, U ~ (6 ~ _ ~ J a ~ ~ ~ +~ ~ > ~ - ~ ~ ~ V o ~ o a U ~ Z ~ ~ .. ~ L a ~ cn ~ = m m ~ o n = ~ `~ ~= ~ c ~ N ~ ~ ~ O ~ O ~ Y ~ ~ O ~ N ~ (~ ~k ~ ~k ~ ~k m N ~, X ~ c ~ a~ a~ a~ rn 0 ~ °~ ~ ~ ~ ~ y O m ~ O J 0. N N N ~ N N N N N N N N N N ~ W N N N N N Q~ ~ O N ~ N ~ i ~ N M ~ ~ `~ `~ `~ a ti ti ti ti ti r °z 0 a ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR FIRE FIGHTING EQUIPMENT TO BE INSTALLED ON FIVE FIRE TRUCKS FOR THE CITY OF DENTON FIRE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3739-BID FOR FIREFIGHTING EQUIPMENT AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM FOR A TOTAL AWARD AMOUNT OF $377,042.53). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 NI IIViRFR VF,NT~nR A MnT 1NT 3739 Municipal Emergency Services 3 73 9 Dooley Tackaberry 3739 Metro Fire Apparatus Specialists 3 73 9 Specialty Rescue & Fire 3739 Medtronic Physio-Control Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A SECTION 2. 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 3. 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 4. 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORD-File 3739 m ~ m ~ ~ :~: ~ ~ ~+ LL _ ~ .. ] ~ ~ ~ ~ , , L ~' v ~ Z :::~::: L .;. 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The Public Utilities Board recommends approval 5-0. FILE INFORMATION The yard trucks will be utilized to transport the three 100 cubic yard trailers that are used for temporary storage of refuse materials at the citizens' collection station, to the landfill working face. Currently the citizens' collection station contains eight 30 cubic yard open top containers emptied once per day (capacity = 240 cubic yards), requiring approximately six hours of staff time per day. The use of the yard trucks to haul the trailers to the landfill working face is proj ected to reduce the labor involved in servicing the citizens' collection station to less than half of the current manpower requirements. These 2007 units are powered by Tier 3 diesel engines with LEV ratings that meet or exceed EPA standards. One unit is a fleet addition, and one unit is a replacement for the landfill's existing roll-off truck when the citizen's collection station is upgraded to accommodate the 100 cubic yard transport trailers. The trucks will be used to haul refuse trailers and solid waste equipment within the landfill area. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 26, 2007 meeting. The City Council approved third party financing for solid waste vehicle lease purchases through Chase Equipment Leasing Inc. at their meeting of November 7, 2006. Agenda Information Sheet April 3, 2007 Page 2 RECOMMENDATION Award to Shoppa's Material Handling in the per unit amount of $87,718 for a total award amount of $175,43 6. PRINCIPAL PLACE OF BUSINESS Shoppa's Material Handling Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT Delivery is estimated to be 180 days after receipt of an order. FISCAL INFORMATION Third party financing for the haul trucks was projected at $139,320, and approved by City Council at their meeting of November 7, 2006. Recommended bid costs total $175,436. The additional financing requirement of $36,116 is available due to the Solid Waste Department's decision to not purchase a side load truck, of which financing funds were approved by Council on November 7, 2006 totaling $170,000. The trucks will be lease purchased over a 60-month time period and become the property of the City of Denton at the end of the lease. Respectfully submitted: ~~c Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment I:TXMAS Quote from Shoppa's Material Handling 1-AIS-File 3752 To: City O~Dentor~ Phone: 94~~34g-284 Ref: TXl~AS oor~tract # TXMAa-7'-MAS-3V0~0 Fax: Attn: Tom Shaw~~llike Ellis Email: mike.eliis aoityofdenton.com Two ~~} ~Oa7 TJ~5o0 Tandem 0#~-Highway TRAILER JOCKEY-Terminal Tractor equipped as follows; ENGI~IE~ Cur~~in Qf~ Tier3 2~5 H~, w~CAC TRANSMISSION: Ailiso~ RDS-3~OD Electronic Autcrnatic, Disable nth dear 11~ode FRONT AXLE: Meritor FF9~1, ~2,O~o Ib. STEERING: Full Hydrostatic Power wl Double Acting Cylinder REAR AXLE: Nieritor RT44-~45, ?.~~:1, ~O,D40 fbF Tandem SUSPENIQN: Henderickson WHEELBASE: ~ 40", ~ g5" Between Cab and Center 5th I~lheel In Up Position FIFT~t wHEI~.L: Holland Hitch, F1~1I35 - 7o,~go Ib. Opacity LIFT CYLINDERS: 5" Diameter, 70,00 Ib. Lift Capacity, ~ G" Lift Height TIRES ~ VI~~iEELS: Bridgestone R2~o • ~ ~ x 2~.5 - Frant Bridgestone 385#85 - M344F -1 ~ x X2.5 -Rear EXHAUST: Vertical PAINT: Cab-White; Frame-Black; Burnper-Black; Vllheel-Illlhite SEE NEXT PAGE FOR ADDiT~NAL FEATURES AND DPTI~NS ~~~~ ~~~. ~ta~p,c~~~~ i ~l l ~~1 V~.~y .~y~rACL~ ~k1 ~ ~ ~ ia~~!'S1F'TT~~~< 1 41LC~.~ ~~lJ~~ ~~iri1~4t1 ~~Gl~~~ r~y~~~Ll~ ~ ~ll~ 1.:.~ ~.'~J~~ ~ 1~4~ . M ~~~ 1.~:~L~ ~4 f r ~ ~«~,1 ~`~ ~lJ ~~~n~ ~~~~~ ~~ X115 ~.L~II L,~L ~~~ 1 ~ ~~~L., '7 / ~J~ " ' 3 ~.~1V ~V~V~ 1~~~"~~~~ ~~ ~~~~~~~ ~~~~~~~~ T T ., ~:. CAS STANDARD FEATURES: Vista IIE ~0" Extended Height Comfort Cab; Electric Cab Tilt; Back-up Alarm; Improved Driver Ergonomics; Enlarged Viewing Area; Tinted Mass; Level Sweep-out Floor; Back Lit instrumentation; Vista IIE Metal Dash, wlPrinted Circuit Board; lnulated Firewall Covering; National Cushion Air Driver's Seat on Center; Seat Belt; 4,oaa BTU Air Heater; overhead Clove Compartment. FRAME STANDARD FEATURES: AST>~I A~~2, ~~" X 3}' a 2~ Ibs.~ft. Preformed Structural Stec! Side Rails, Reinforced to ~.~ lbs.~ft. Total RBM - 4,248,9Gg in-Ibs. 5g degree Taper Curb Side Deck and Bumper; Tow Hooks Front; ~8" Double Reinforced Front Bumper; ~0 Callan Rectangular Fuel Tank; two {~} raup ~~ , 6~g CCA Maintenance Free Batteries. ADDITIQNAL STANDARD ITEMS: Dedicated Cab Platform - ~ ~" Formed Steel face, Full ~" Deep Reinforced Floor Complete In-House Cab Con~tructian High Strength FramelRBlVI - 4,~48,96a in Lbs. -Ali Capacity Trailer hockey's are built with the same heavy duty style framel Split Brake System wlthree ~}Tank Air Reservoir {on afl Capacity Units} 1 fi Ply Tires Automatic Slack Adjusters Electric vUindshield 1lvipers Door Lacks 54 gallon Left Hand Step Tank ~111indshield Header Haunted dove Bvx Recessed Rear Stop Lights ~ Back-up Light Five {~} Tap of Cab Clearance Lights Air Intake Haunted Restriction gauge ~45,DDg BTU Heater~Defroster Rear Frame Rail Extension for Easier Entry to Low Trailers & Less Transmission Strain ~~ CFM Air Compressor tau e Packs e: Volt Meter, ail Pressure, vUater Temperature, Fuel Level, Air Pressure, Hour Illyter, Controls: Dual Brake Pedal, Fifth vvheel Elevation, Fifth vllheel Latch ~ Release, Parking Brake, Trailer Brake Charge, Electric Horn, Heater Defroster Switch, Key Type Ignition with Anti-Restart Feature, Headlight-Taillight Marker Light Switch, Hazard & Dimmer Switch, Fifth llvheel Deck Light Switch l~lfarnin~ Devices: High Beam Headlight indicator, Tura Signal-Hazard Flasher, Law Fuel Light, Low Air Pressure ~.ight & Buzzer, Light Buzzer for Engine ail Pressure and vvater Ter~p ADDITI~IVAL FEATURES INCLUDED [N PRISE: ~" Cab C~r~ins QB T3- X25 HP engine Air C~nditior~ing '11~Jet~lina Kit "Super Single" Brtdg~st~ne 8~~fi5 ~ 1~844F Tires on Rear ~~~~~-~~~. ~taa~.~. ~on~ t ~~ 1~ r~ t~i~~er ad ~~ 11 ~}~ttt ~ri~~e ~ a~= ~~0~ ~~~r~. S. ~~; ~r~a ~ 1~a~~ t~~~ 1 t ~ Lli L ~~~ ~1i L~l~ •~~~+~~~ ~ ET ~ ~ ~ 1J~a 1'F~ i~ F'YY~~}1.~.. ~4llCla~ ~L14~~ ~ ~ '1 ~~r~~~~4L1 ~~1~~71 r~~ti.+eLL,1~7 1 LF~V lr 1 ~'i.li.3~~l~li.~ ~,~~L-4'J ~~~'"~^5' ~s~~ ~~ ~ ~~~ ~~T~ ~o ~~~ ~~ P~I~E~{~} UNIT, F.Q.B. L.~N~1liEll~, TIC. l,l ~ 8.~0 der unit FREIHT,to be determined PA~YMEIVT TE~>~: Payment before Shipment 1~ALIDATI~N: 0 da~r from date of quotation, may be extended verbally SHIPMENT: ~~4-~~0 D AFTER ~EE~PT ~F ~RDE~ NOTE: THE STATED PRIMARY PURPLE Oi= TH~~ VEHi~LE I~ FAR QFF ROAD, ity o f Denton Date hoppas ~Vlaterial ~a~~~ing Date ~~T~~~~~r, ~~opp a~.~o~~ ~~ ' ~7 ~~n~ ~~i~~~r ~~d -. ~~ ~ D~nh~~ Dri~~~ ~~~ H~~r}. S. ~.€; rc~~~~ 1 ~~st .~~~ ~~oad ~~~ ~' ~~`t~~..y~'~~.~ 1~ ~ ~.~ ~'0~,~'`~~~'~€~~, ~~~~~5 ~~~~~ ~~ ~~~11t~ ~5, r~~~~~~5 f ~~~ ~,~~~G~, ~':~5 ~~~~~ ~~~1 ~{rye ~BG~ ~~w~~0 ~~ ~3,~~} ~-0~~ ~`~ ~~4Q} 7~~w~~ s~ ~8~b~ i~~1. f~~ i ~ ~L! .R ~ ~ ~ d J Y ~~ ~ V ORDINANCE N0. AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF TWO TANDEM OFF HIGHWAY YARD TRUCKS AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION CONTRACT TXMAS-7-MAS-23V020; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3752-YARD TRUCKS FOR SOLID WASTE DEPARTMENT AWARDED TO SHOPPA'S MATERIAL HANDLING IN THE AMOUNT OF $87,718 PER UNIT FOR A TOTAL AWARD AMOUNT OF $175,436). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, 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 Building and Procurement 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 "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NT IMRFR VFNnnR AMn11NT 3752 Shoppa's Material Handling $175,436 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 the Building and Procurement Commission 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 the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, speci- fications and standards contained in the Proposal submitted to the Building and Procurement Commission, 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 enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORD-File 3752 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 DRAFT MINUTES PUBLIC UTILITIES BOARD March 26, 2007 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board announced a quorum and convened into an Open Meeting on Monday, March 26, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bob Bland (arrived at 9:02 a.m.) Absent: John Baines, excused Ex Officio Members: George Campbell, City Manager Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 1) Consider recommending adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of two tandem off highway yard trucks, as awarded by the State of Texas Building and Procurement Commission contract TXMAS-7-MAS-23V020; providing for the expenditure of funds therefore; and providing an effective date (File 3752-Yard Trucks for Solid Waste Department awarded to Shoppa's Material Handling in the amount of $87,718 per unit for a total award amount of $175,436 ). Board Member Phil Gallivan moved to approve Items 1 with a second from Board Member Dick Smith. The motion was approved by a 5-0 vote. The meeting was adj ourned by consensus at 9:52 a.m. AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT Z07-0004 (Oriole Court) Hold a public hearing and consider the adoption of an ordinance regarding the rezoning of approximately 5.28 acres from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The subj ect property is generally located on the northwest corner of Mockingbird Lane and Oriole Lane. The Planning and Zoning Commission recommends approval of the zoning change (7-0). BACKGROUND Applicant: Denton Affordable Housing Corporation Denton, Texas The purpose of the rezoning request is to increase the density of residential units permitted on the subject site. Under the existing NR-4 zoning district, a maximum of 21 units would be allowed. In comparison, the proposed NR-6 zoning district would allow for a maximum of 31 units to be constructed. The applicant is proposing 26 units, five more than would be allowed by an NR-4 zoning district. The proposed 26 units would consist of 18 single-family detached homes and four duplexes (eight shared wall units). The Denton Affordable Housing Corporation will retain ownership of the four duplexes with the intention of leasing them out to disabled citizens. The four duplexes are proposed on interior lots of the subdivision and will have the appearance of asingle-family residence from the street with garage access from the rear off of a private alley. This is the second application submitted for a rezoning request on the subject property. On October 22, 2003 the Planning and Zoning Commission recommended approval regarding the rezoning request of approximately 5 acres from a Neighborhood Residential 4 (NR-4) to a Neighborhood Residential 6 (NR-6) zoning district. On November 18, 2003 the City Council remanded the application back to the Planning and Zoning Commission for further consideration due to changes on the proposal. On December 17, 2003, the Planning and Zoning Commission recommended approval to City Council regarding the rezoning request. The request was brought before the City Council again on February 3, 2004 and was denied by a vote of 5-l. The main concern was the increase in density. The proposal at that time was to develop 27 detached single-family lots, totaling 27 units. The current proposal is for 18 detached single-family lots and four duplex lots, totaling 26 units. The current proposal is less five lots and less one unit from what was previously proposed. The subject site is surrounded by single-family lots zoned NR-4. Due to the surrounding built environment, the proposed development will have no street connectivity to adjacent subdivisions. The subject site will be accessed solely from Mockingbird Lane. The applicant met with nearby property owners on February 22, 2007. The property owners that attended the meeting are in general acceptance of the zoning change. Public notification information is provided in Exhibit 6. As of this writing, staff has received twelve responses from property owners within 200 feet of the subject site. Seven property owners are in favor and five are in opposition of the rezoning request. PRIOR ACTION/REVIEW October 22, 2003 Planning and Zoning Commission public hearing November 18, 2003 City Council public hearing December 17, 2003 Planning and Zoning Commission public hearing February 3, 2004 City Council public hearing March 14, 2007 Planning and Zoning Commission public hearing nPTTnN~ 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this rezoning request. F,XTTTRTTC 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Public Notification Information 7. Responses from Notices of Public Hearing 8. Site Plan 9. Letter From Applicant 10. Planning and Zoning Commission Minutes, March 14, 2007 11.Ordinance Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Ron Menguita Planner III EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE N0: Z07-0004 DATE TO BE CONSIDERED: April 3, 2007 LOCATION: Northwest corner of Mockingbird Lane and Oriole Lane APPLICANT/ Denton Affordable Housing Corporation OWNER: 604 N. Bell Ave. Denton, TX 76209 RE VEST: Adopt an ordinance to rezone approximately 5.28 acres of land from Neighborhood Residential 4 (NR-4) to a Neighborhood Residential 6 (NR- 6) zoning district. RECOHHENDATION: COMPREHENSI VE PLAN DESIGNATION: The Planning and Zoning Commission recommends approval o t e rezoning request. The subject site is located within an Existing Land Use/Infill Compatibility future land use designation. 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. SITEAND SURROUNDINGS: The property is currently developed with two single-family rest ences. North: Neighborhood Residential 4 (NR-4) -Bellaire Heights subdivision South: Neighborhood Residential 4 (NR-4) -Eastridge subdivision East: Neighborhood Residential 4 (NR-4) -Toledo Courts and Singing Oaks subdivisions West: Neighborhood Residential 4 (NR-4) -Eastridge subdivision BACKGROUND INFORHATION: The applicant is requesting a zoning change of approximately 5.28 acres from Neighborhood Residential 4 (NR-4) to a Neighborhood Residential 6 (NR-6) zoning district. The purpose of the rezoning request is to increase the density of residential units. Under the existing NR-4 zoning district, a maximum of 21 units would be allowed. In comparison, under the proposed NR-6 zoning district, a maximum of 31 units would be allowed. EXHIBIT 2 LOCATION MAP Feat 0 100 ~0 X00 ANAI,Y.S'LS'~ Comprehensive Plan Analysis The proposed NR-6 zoning district is consistent with the comprehensive plan designation of Existing Land Use/Infill Compatibility. Development Code/Zoning Analysis The proposed zoning change would increase the maximum number of residential units from 21 units to 31 units. The minimum front yard setback would decrease from 20 feet to 10 feet, all other setback requirements remain the same. No difference in maximum lot coverage, minimum landscape area, or maximum building height would result. The proposed development will be subject to the landscaping and site design standards per Subchapter 13 of the Denton Development Code. The following table highlights the uses permitted between the NR-4 and NR-6 zoning districts. Agricultural P P Live Stock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units SUP L(1) SUP L(1) Attached Single Family Dwellings SUP P Live Work Units N L(16) Duplexes L(3) P Community Homes for the Disabled P P Manufactured Housing Developments N SUP L(1) =Accessory dwelling units are permitted, subj ect to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is 2 not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of asingle-family residence from the street. L(7) =Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(16) =Uses are limited to no more than 1,500 square feet of gross floor area per lot. -„ -, -, Home Occupation P P Outdoor Recreation P P Temporary Uses L(38) L(38) L (38) =Must meet the requirements of Section 3 5.12.9. Industrial Land Use Categories NR-4 NR-6 L(27) =Must comply with the provisions of Subchapter 3 5.22, Gas Well Drilling and Pro uctlon. -., -, -, Basic Utilities L(25) L(25) Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP SUP Adult or Child Day Care SUP SUP Kindergarten, Elementary School SUP SUP Elderly Housing N SUP 3 L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. The chart below illustrates the differences between the NR-4 and NR-6 zoning district development standards. The NR-6 zoning district permits higher density residential. The following limits apply to subdivisions of 2 acres or less: Minimum lot area (square feet) 7,000 6,000 Minimum lot width 50 feet 50 feet Minimum lot depth 80 feet 80 feet Minimum front yard setback 20 feet L(2) 10 feet Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet Minimum rear yard 10 feet 10 feet L(2) = For infill lots, the front setback shall be an average of the adj acent lots. The following limits apply to subdivisions of more than 2 acres in lieu of minimum lot size and dimension requirements: Maximum density, dwelling units per acre 4 6 Minimum side yard for non-attached 5 feet 4 feet buildings The following limits apply to all buildings: Maximum lot coverage 60% 60% Minimum landscaped area 40% 40% Maximum building height 40 feet 40 feet 10 feet 10 feet plus 1 plus 1 foot for foot for Minimum yard when abutting asingle- each foot of each foot of family use or district building building height height above above 20 feet 20 feet 4 DEPAR TIVIENT AND A GENCY REVIEW. The Development Review Committee reviewed the rezoning request and provided comments and general information. All comments have been addressed. Fr~vn r~v~~r Pursuant to subsection 35.3.4.B. a zoning amendment shall be issued only when the following standards are met: 1. The following rezoning conforms to the Future Land Use element of The Denton Plan. The Existing Land Use/Infill Compatibility future land use is described in the Denton Plan as, 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. The pNOposed NR-6 zoning distNict is consistent with the compNehensive plan designation of Existing Land Use/Infill Compatibility. The change from NR-4 to NR-6 will increase the density, however the size of lots is compatible to the existing lots to adjacent subdivisions. The adjacent subdivisions provide for a wide range of lots sizes. The lot sizes range between 6, 300 square feet and I5, 400 squaNe feet. The minimum lot size proposed for Oriole Court is approximately 6,263 square feet. The maximum lot size pNOposed for Oriole CouNt is appNOximately 9, 609 square feet. The proposed site plan for Oriole Court is compatible with land uses, patterns, and design standards. The proposed duplexes will be located within the subdivision and not located along the perimeter. In addition, as stated in the applicant's letter the duplexes will be designed and built to look like single family residential units. 2. The proposed rezoning facilitates the adequate provisions of transportation, water, sewers, schools, parks, other public requirements and public convenience. The Development Review Committee reviewed the rezoning request. The proposed project will provide adequate transportation, water, sewers, schools, parks, other public requirements and public convenience. 5 EXHIBIT 3 EXISTING ZONING MAP Feat 0 100 ~0 X00 EXHIBIT 4 PROPOSED ZONING MAP Feat 0 100 ~0 X00 EXHIBIT 5 FUTURE LAND USE MAP a o~~ EXHIBIT 6 PUBLIC NOTIFICATION MAP •- - '~i -~ ~ I I ~~ - 5i- ~ ~ ~ ~~ p a ~{ ~Iu I } } ~ ~~ '' t r _, , ~,i r ~ Y ~ i I i I ~ 1I ~ - i~ ~ •'Y * I` 4 5 ~„ _ ~ {~ r- I I it I_ ~~ rI ~ t ~ ` r t t I 'ky I N FAVOR -- ~ ~'~~ '~ -~.. ~ ~ ~~ ~ ~~~~ ~` ~ ~~ ~; C - ,, ~, ,, v y h t . s 9,Pn ~I s : ~' ~ ~~}~,~~.,`I .. . -•T~-lY ~` - 5.., . .. ~.. --~ ~ ~~ III ~ ~ ~59~~~~Y }]~T '~{`4 ~ '~'""'S YD~ t ~1~~ Feet 0 SGO 2D0 X00 Public Notification Date: 2/14/07 200' Legal Notices' sent via Certified Mail: 50 500' Courtesy Notices sent via Regular Mail: 131 Number of responses to 200' Legal Notice ^ In Opposition: 5 ^ In Favor: 7 ^ Neutral: 0 Percent of land within 200' in opposition: 6.2 EXHIBIT 7 The Planning and ~ nir~g or~missaon of the i of Den Mar ton v~rl~ hold a pubiic hearing on ednesda ah ~4, ~DOI, ~o ns~der making a fe~amt~endat~on to the ~ ~ ~ ~' a roxirr~a~el qty Gounc~l regarding the rezoning of Pp y ~ ~8 ores frarn a h~eighf~orhood ~eidentiaf 4 NR-~ ~ . lesldential ~ - ~ ~ ~ ~ ~on~ng dEStr,ct to a Ne~ghhorhood ~NR ~ zoning distract. the s~,bject pro a is eneral corner of M ~ ~ ~ 9 f y located near the north rest ock~ngbF d Lane and ~r~ole Lane, The a ficant i r res'rdentiaf units and u pp p opos,ng to construct single-family pfexe, The public hearing v~+ifr start a# ~:~4 p.r~, in the f tau llllcl~Cin tY nc~f Chambers of City Hafl located at 2'f 5 ~. ney street, Dnton, Texas. Beoa . use you o~rrr properly wr~h~r~ two f~ur~dred ~~OD} feed of ~~e subject proAer~Y: lh f~lar~rringr anon ~orr~rrgr or~iss~on ~u f ' u d like ~o hear hoer yvu feed about Phis req~resl arrd ~-~vfles y ~ fo af~erra~ .the public hear~r~ .Pleas account, return this f r . ~ e, ~n order for your opm~on to be taken into m ~r~tl~ your cornments pear to the date of the ublic hearin ` . proh~,bil you ~ror~ a e~~irr ari~r a,~t~i a~. ~ .~ ~~ r~~~ ~ g• ~Thrs ~r~ r~o gay i~~l~ !~ ~Iiw ~~+~~lC ~A~f~{~1,~ [ ~~.! ~ay ~~A It to !~G n~ located at the bottom r mail ~t to the address below or mbar drop it off in-person: Piann~ng and Develaprr~ent Department ~~~ N. Lim street Denton, Texas 7fi~~~ Attn~ Ran N~eng~ita, Project l~lanager These forms are used to calculate the ercenta e o p g f lando~rner that support and oppose the request. fihe Commi lion is informed of the percent of res onse ~ . p s rn support and ~n oppos,t~on. Please clrc~e one: In favor of req est Neutral to re pest ~ apposed to request Reasons for ~ppos~t~an: signature: Printed Name: Mailing Address: c~~y, st~t~ z~P: 1~e~ ~ ~ Telephone Number: `t~ 0 ne 7~aoq -qo~y Physical Address of Property ~rithin BOO feet: o ~ ~ ~~ fi ~/~r ~ V~ ~~1~ / 1^j i I"'1 ~~TY BALL INVEST • D~NT~N, ~EJCAS Tfi~D~ ; ~4~.349.8~ • F ~ ~ AaC} 9~~.349.770T 0~' ~~~ ~~~rce N~TICE OF PUBLIC HEARING Z07-0004 The Planning and Za~ning Domrnision of the ~i of Dent ~ ty an w,ll hall a public hear~r~g on Vllednesda arch ~4, 20D7, to consider making a recommendation Y' i to the Dit}~ Council regarding the rezoning of approximately ~.~5 acres from a Neighborhood Residential 4 NP Residential _ ~ ~ { -4} zonrng d~str~ct to a Neighborhood ~ ~NR ~ zQnir~g d~str~ct. The ub~ect pro a ~~ enerall corner of ~ ~ P ~Y g y located near the northwest Nfock~ngb~ mane and Oriole Lane. The a licant ~s r residential units and u l pp P oPain9 to cantruct single-family p exec. fihe public hearing wail start at ~:0 p.m. in the Ci tau Mc ' ty nc~l Chambers of pity Hail located at ~~ E. Kinney street, De tong Texas. because ou owr~ roe ~ . sub'ect r ~ ~ ~ ~Y w~thr two hundred ~~00~ feed of the ~ A o~ertyr rho Plar~rrirrg ar~d Zor~fng Dornrrrission uvould Ike to hear regr~es~ ar~d invites c~ to hoer yacr feet about thrs ~ attend the public hearing. Please, in order for our a 're'ran t accountt return this f rrn with our com ~ p v be takes onto _ -- ~ _ _ _ ._ -- _ Y meets prior to the data of the public hearing. This rn no era protrlbi~ you -~rar~ ~a ' er~c~iri ~-aid ~ a » ~ ~~! .., t r~~. _ , ~ Y ~ ~ rt,~,~p~~~r~g t~r~ the ~~ht, ~ hear~,~g. ~ --l~ou may~ax it to . th u located at the bottom r mail it to the address bela~r ar ~. _mber ~ __~ ~__ ~~~ drop ~t off in-persen: i ~anr~ing ar~d DeveEopment Department ~~ N. ~lrn street setae, Texas 72~~ ttn: Ran ll~enguita, Project Manager These farms are used to calculate the ercenta a of l re asst. Th ~ 9 snda~ers that support and oppose the q e Comm~s~on ~s informed of the er ~ . , ~ p cent of responses ~n support and ~n oppos~t~on. Please circle vne: In favor of requ Neutral to re crest q .i apposed to req~,et h ~~~ ~ ~ . ~gn are: Pr'rnte e: Mailing Address: . ~_. i#~, state Zip; ~ ~ Telephone Number: ~ .~ Physical Address of Pr arty within ~a~ feet: CITY ~~ D~I~T~1V TX,Q ~ lTY ~IAL~ wET DEN?`~N, TEXAS 7fi~D~ • ~4~.349.8549 FAX 94~. /{/.~~~ :F 1 ~ ~~~F~~Y~ ~~~' ~&Z ~~~~c r~ -~~- D-08`a7P~~:~3 R~1~~ .~ ~~~~ ~~~ The Planning and honing commission of the i#y of Denton wi~~ hofd a ublic 11~arch 'l4, ~0~~ to consider makin are ~ heanr~g ors Il~edn~sda~, g carr~mendat~on to the pity our~cil regarding the rezoning of approximateiy ~. $ ages #rom a Neighborhood l~esider~tial ~ ~Nl-4 zonin district to Residential 6 R-fi zv " } ~ ~ Ne~gbhorhaod ~ ~ nmg distract. ~'he subject property is generall located near the comer ~~ ll~acl~ci gbird Lane and ~r~ale Lane. ~fhe Y no~#hwest residential un' ap~lfc~nt is proposing to cons#ruct jingle-~ar~i~y its nd duplexes. fihe puhli hearing will start at ~:a p,rn, in the pity Co~rnc~l har~bers 1~cKianey treet~ aentor~ fiexa o~ arty ball lotted at ~~5 ~. s. feu you owr~ property t~il~tn #wo ht~r~dred ~~~0~ feet of tie sub jet p~ope~Y, ~~e P~a~~~~~ artd ~an~rrg ar~rr~~ss~o~ would like ~o hear Itow you feel abort this quost and rr~vi't~s you fo a#~end the pubic hearing. Please, in order for ~ o inion tab ' accottr~t, return this ~o nth your comments nor to p e tal~en into rohrbi~s ou .. ~ the die of the public ~earlr~g, ~~hrs irr r~o way ~ Y fro etterrdlrrg ar~d part~ct a~rr~ rn tie u ~' . A g p b ~c #~earrrtg.~ you may fax ~t to the number looted at the bot~om or mail it to the address below or d rop ~~ off ~n~person: Planning and Devetopment Department 1 N. elm street ~~nton~ Texas T~~ Attn: Ron Manguita, Project Manager These forms ar used to calcula#e tie percentage of landowners the su request. The ~a~nmrsion is informed of the Ppo ar~d oppose the ~ peroent of responses in supp~t and in opposi#~on, In favor of request Please circle orre: Neural to request apposed #o request Reasons t~or ppoaifion: i ignatu ~ ~ Printed lVerr~e: ~ ~ ~ ~,~ llrlaiiing A~fdress: ~ L~ ~ , pity, tete gip: '~~~ ~ ~ ~.D ~` 1'eiephone Numbe : ~~ ~ . Physical Address ~ Property within 200 feed O /O D ~ ~lpG ~ l,~~ ~~ D~~~N~ Ci4 c~~r ~~ war ~ a~~rrv~ T~s ~s~ iYLI y f ~~ ~~~ 1 is Y ~ • d EaL~B~Q~~ ~l~S * ~0 NGaTICE OF PUBLIC HEARING Z07-0004 The Planning and Z Wing ~on7missian of the Ci of ~ . Februa ~ tY Denton will paid a public hearing on VlJednesda ry 28, ~g0?, t cans~der making a recommendation to th ~ y' e City Dvuncil regarding the rezoning of appra~cimateiy ~.~8 a res frarn a Neighborhood Residential 4 ~ . Residential fi N - ~ ~ ~Nl~-4} zoning d~str~ct to ~ Ne~ghborhaod ~ R ~} zonEng distr,ct. The subset ra ~ ~ earner of Moe ' J P p rt]r generally located near the northwest k~ngbir Lane and ~riale Lane. The a licant is residential units and u pp prapas~ng to construct singie~family plexe. The public hearing w`ll start at 6:~g .r~. in the Ci McKinn p tY ouncrl Dhamber of Dity Hell located at ~~ ~, ey Street, De tan, Texas. Because you own ro erl sub~ecl rv ert the p ~ A Y w~fh~n two hundred [~00~ feel of the ~ ~ y= lann~ng and ~oning arn-nis~ron would life to hear h requesf and fnv~fes y u ~o aiferrd the ublf ow you feel abouf lhls A c hearing. Please, in order far your opinion to be take ' accoun#, return this f rrr~ r~ith your comments rior tQ the n ~ntv -~-~ rvhlhifs~ au ~' .. P date of the public hearing. ~Thf ~n no wa ~ ~ ~f am - endrng .and ~var~~o~~na~~n_~n rthe . u~blro hea ~ A ._ nng.} .You mey ~a~c it to the number located at the battorn r mail i# to the address below --~-~ - ~-4 ar drop ~t off in-person: larining and Development Department ~~ N. Elm Street enton, Texas 7fi~D~ ~~: Rory Mengufta, Prajeot Manager These forms are used to calculate the ercen . p t~ge of landowners that support and o ose tie request. The Dammas~s~vn is informed of the pp ~ percent of responses ~n suppar# and in opposition. Please circle one: In favor of requ seasons for Opposit'r~n: ~gnature: Printed Name: Neutral to request ~ppased to re nest q EIN/S Mailing Address: ~~~ ~ ~s TlJ/~ ,~ City, st2~te zip: ~t TD ~j(~-~ /~' Gio?U Telephone Number: Physical Address of Pro~er#y within ~aa feet: ~.s cITY HALL UVET # p~NT~N, TEXAS lfi~Df • 940.349,850 ~ FAx ~~ ~ } 0.349,770T N~TICE OF PUBLIC HEARING zoi-oooa The Planning and Z Wing Commission of the Ci of Denton tY ~r,Jl hold a public hearing on Vlledneda February ~S, X007, t consider rnaking a recommendation to y' the City Council reardJng the rezoning of approximately ~.~8 a res from a Neighborhood Residers#ial 4 NR~4 z ~ . Residenti ~ ~ { } on~ng drs#r~ct to a Neighborhood al {Nl~-~ zoning d~str~ct. The subject grope ~~ enerall to corner ~y g y sated near the north rest of Mockfngb~ Lane and Criole Lane. The a licant is r ' residential units and pp p oposrng to construct single-family uplexes. The public hearing !l start at 5:o p.m. in the Ci Council . ty Chambers of C~ Half located at ~ ~ ~. Mc~~nney street, De ton, Texas. Because ou own ro e sub ec ~ ~ p Y w{~~~~ two hun~fred ~ZO~~ feed of ~~e ~ f Aroperfy, fire ~lar~n~ng ar~d ~orring orn~r~ion would Pike ~o hear how you fee! about ~hr" request and irrvife y ~r ~o aend flie publfc hearing~. Please in order for ' . account, return this f rm Frith our your op~n~on to be taken ~n#o • . y comments prior to the date of the public hearing. ~ Thfs ~n no a oh~~rfs ~~u --Born --~f~~ndln a~?d ar~~c~ a#fnp ~ Y A p ~, ~n the ~ublfc hearfng..~ ._You may_fax_it to_the number located at the bottom r mail it to the address below or dro it off i , ~ ~ - ~-~ - _~. -- ~~ p n person. Planning and Development department . ~~ N. ~lrn street Denton, Texas 7~20~ ttn: Ron Menguita, Pra~ect Manager These fauns are us d to oalculate the percents a a~ landow re uest. The Co ~ ~ ~ g Hers that support and oppose the q mrn~ span es informed ofthe percent of responses in su art and ~n o . . ~~ pp~s~tE~n. ~,-~.~...- .~ ._ Please cirole one: In favor of req est Neutral ~ to request apposed to request ,~ . ~ easo~~for ~ppo~t~on: signature: Printed Name: ~ fVlailing Address: C~t~ City, state Zip: ~ ~~ Telephone Number: Physical Address of Pr perty ~rithin X00 feet: ~ ~ ~. 1~ ~~ ~~~~~, ~ C~T~ HALL WEST • D~~IT oN, TExA 7fi~D1 94~.34~.835~ • ~FA~~ 940.349.~7~? ~~~' ~~~ voce r ~o ~~ U7 f, D: 38~ J ~ mr~w ro~~ ~e~ I for X40#3~7#~5~3 p. ~ ~~~~O~o~ The Pla~nin~ and ~orring Co~nm~ssiQn oi• the City ~f Delon will hoi ' February 8, BOO?, to oon~der makir~ d a pub~,c Mer~ng on iNedneday, g a recamr~enda~ion to the Cry Counoii regarding the rezoni of appraximately x,28 ~~re from a lei h~orhood Resi ~ den#~a14 tNR-4} zoning d~s~nct to ~ Nei hbarhood R~s~dentfa~ ~ ~N~-~ zor~~n9 d,~r~c#. The sub'ec~ roe comer of ~ocl~in ~ P ~ ~Y ~ ~enera~ly IoC~ted near the northwf g b~ bane and ~rio~e Lane. The applicant rs ro si to residential un~~s and ~uptexes. ~ construc# single-~~~~ The pu~fic h~ar~ng ~9~i sort a# x:30 p,m. in the ~ oundl ~~ ' ~ chambers of Nty ~~ loca#ed a# ~~5 . ~C~nrxey street, D~~r~ton, Texas. ~e~car~se yr owrr roe ~r• . 5~,~ ~ 1' ~ r + ~ ~ + `~- 1~?xr~ ~ hundred ~~~ f~'ef ~~ ~~?~ 1 A o~Y, fh~ ~lannrn ar~d Zonlr~ . ~ 9 ~ ommrss~an r+~ro~~d like ~o hear how yon feel about ~~ req~re~ and lnvrfe you i`o a#ter~d ~~e ~ubtic hearing, pease in order ~ ~~ mount, return #his form nth r iy~-`~y' !}~, {~ ~`~l fo your opfr~ion #o be taken into ~ou ~/~/~~~n ~~~~ ~1F ~ ~V{~ ~~ t~~ p1.i~~~V l~V~~~~r 1~ ~+! RF~ ~Ohi~~#s ~ you .from. a~ena~rr~. and . ar#ri afi ~ YYY.../// y looted at ~ ~ n9r i`~e pu~blr~ hear~n~.} You may ~a~c ~# #o the nr~rnbar the bottom r mail it to the address bed or dro ~# a~ ~~ - _... - . P peen, Planr~i~g and ~evefopme~# Department 1 N. ~ m tree# Denton, Texas 78~~~ n: Rory Menguita, Pnoje~t l~an~ger These forms are ~ d to ~al~ufte the pares a of ~ re oast, Tf~e ~ ` ~ ~ 9 a~downer that support and appose the ~ Comm~s~on ~s tn~ored of the percent o~ res uses ~n s . . Po upport and ~n pos~t~or~. ~~easa ~'rrr~e ors: l n favor of neq st Neutral to r uet Opposed to request seasons a~. t _ I i ' ! I ~ f ~ "~ • Signature; ~ ~ ` ~- Printed Name: ~ ~ AIIaEIir I~ddress: ,~~ ~`~ ~ ~. City, State Zi : ~ ~ ~ ~ `~ P Take hone N `~~ ~ c~~ ~ p umber, ~ .~ Phys~~a~ Address of Pr ~ ` ' ~perty v~thrn boo feet: f - TC~ Cr~Y H IN~~T • D~NTON, ~ ~ T~~AS 1 94~.34~,~3.~D • CFA ~40.49.1~07 ~~~' ~~~ ~at~e f l` ~ ~+ y r l u: u r r,Fld ~oo~~oor f ~~70~4 Tie Pie~ning end Zoning rnm~sivn of i o~ Demon ~ • • ~ E w~l~ hold ~ pubirc hearing on ~Illednesda , e~ruary ~~~ ~Og7, ~onrder m~rk~ng a ~ecornrnendat~on to # ~ ~ roxirna#~ ~.2 tty Co~n~~ regarding rezoning of ~P• ~ 8 ~cre #rom a ~ethf~rfiood Resident; i Resrder~tiai a 4 ~fVR,4~ zornng d~s#n~ to Ne~ghba~fiood fi ~N~~6~ ring district, The subject props ~ enerari f comer of M ~ dY 9 oceted near the r~artet o~ ngb~d Lane and note Larne. The appfint ~s oin to co . residential ur~~s and ~ fexe. ~ ~ n~ s~ngfe-fa~rrfy p Tf~e public hearing ~il~ tar# at 8:30 .m, i n the ~t~ un~l harnber ~ Cry Hail Gated at ~i ~ ~. ~c~mney Street, D~rrton, Texas. Because . Sub' ~# ~ o preps wr~~r fr~r~dr~d (~~OJ ~ee# of fhe ~ pe-ty, th Mann{rx~ end ~on~ngr orrrr~~r rid tike freer ~ request errd invr'tes u y feet about ~h~ . ~~ a~ena~ ire ~~~lr"c I~errtrg. Please, in order for r inion #o be ` eceount, ne#um this ~s ~ ur commen# Y~ taken Enta . , pnor #o ~e date ~ the p~f~ hearing. ~Tb in no wa .~~ ~ ~ • ' .fie ~__ Y located srt the ~of#tom~ or ' t the numbs; r ~ . rna~f i~ to tf~e address beer or dreg it o~ in~-person: - Pfannirrgend lopment Department ~9 N. Elm street Denton, Texas fi0~ #n: Ron ~Ilengui#a, Pnvje~! I~~~er T~eee ~orrne are used to fculate the per~centa a of tando~rners ~f~S~. ~~@ VL]r~ ~ ~ . ~ 8~ support end ~~~o$~ the i ~nrss~on ~ rr~fom~ed of the perms rene ~n support and fn o 'ion. Meese circle one: !n ~a~vor of regtt Neutral to request aced to . ue~t bailing Address: 1~ ' cry, state ~~; Telephone Number. ~ ~ Physif Address of pe~y ~ ~ao~ ~~ ~ob~~ ~ • ~ ~ ~~ ~ith`rr~ ~0 feet: ~0 ~ ~ f ~ r~ crrY EAU, wEfi ~ D~Nr~r~, TE ~B~o~ ~ .34,8350 . ~Ax~ sa~.e.r~~ h a E X07-D~D4 The Planning and Z Wing ommissior~ of the Di of Dent ~ ' ~ ty on will hold a public hearing on V1ledneda ebrua 8, ~00~ t cons,der rnak~ng ~ recommendatien to the City Dounc~l regard,ng the re~on~r~g of approx~rnately .~8 a re from a Neighborhood Residential 4 lVR~4 zoni ' r Residers i' - ~ ~ ~ } ng d~str~ct to a Neighborhood t al ~ ~NR ~ zon,ng drstr,ct. The subject roe ~s ener corner of M ~ p ~ ~Y 9 ally located near the northwest ock,n ~ Lane and role Lane. The applicant is ro os~n ~ . '~ p p g to _construct single-famiay residential units and ~u le~ces. The public hearing ll start at fi:o . in the ' ~ ounc~l hamb rs of ~ t iota d at ~~ E Mc~C'rnney street De ton Texas. Because are owr~ roe . sub eon ro ~ A A ~y w~~h~n #wo f~ur~dred ~200~ ~ee~ or the ~ ~ per~Y, ~I~e P1ar~r~lr~g ar~d ~orrirr ornlssior~ ~vould like ~o #~ear h request arrd frrvi~es u to fiend ~h ow you feed a~bou~ fh~s . Y ~ p~blfo #~earln. Please, in order for your opinion to be taken in accountr retu this f rm with your comments rior to `_y.~r~ ~~i~~- ~ ~~ F , , p to the date of the public hearing. ~T~is ~n rao wa ~, ,..h,~.... y~~.... o~ a ~e~drr~~ -~nc~-;~~tir:r~a~~t~~.~r~#~eT u~lf _ Y located at th ~ c -f~~r~n=~~ YY~u ma~_._fax ~t to the n~ber e bottom r mail ~t to the address below or drop ,t off ~n~ erson: - __~. ~-~ - ~~_ p ~ lann~ng and development Department ~~ lU. Elm street enton, Texas 7~~0~ ##n: Ron Mer~guita, Project Manager These forms are ~~ d to calculate the ereenta a of Ian _ p g downers that su ort and op ose the request, The ommi Sian is informed of the percent of res ones~n~~~ - - ` _ `~ p support and ~n opposition. Please circle one: In favor of request Reasons for ~ppoitron: ._ ~~ w~ :~~. b ~ ~ Neutral to request Opposed to request ~ ~o ~~ ~ - ~~ ~~~ ~~ .. . ~- ?~ dam ~ ~----_____. _ _ II. v ~s Ph ~ r'~~ Grl~i ~ ~1/o v ignat~rre: Printed Name: o~se ~ ~- W `1 ~ ~ O~eCrc~t re ~ovdy4~c~ 1/u l vim. O- c~~ 1 Ry;d tfo~t+a~r Mailing Address: J' ~ D .$~~ j a the City, State Zip: ~~ °J~ ~ 7''1~, Z~Zoq Telephone Number: ~ ~°~ Ja S z -4~fbb Physical Address of Property within 200 feet: .3 ~ D Se.(~ct,ucsJ D,e~,~~-e?-~ 'T'~ + ~b Zd `~ CITY ~F l~E1~T~~1, ciT~r ~~~ war • DENTIN, TEaCA ?~2oi ~ 940.49~835D ~ FAX} 94.34.?l~? NOTICE OF PUBLIC HEARING Z07-0004 The Planning and ~ Wing commission of the ! of D ~ . l;ehru ~ enton will bold a public hearing an l~Vednesda ary ~8, ~p~7, # consider making a recommendation to th ~ ~ ~' a ~ City ounc~l regarding the rezoning of pproxirr~ately 5.~~ cres fram a hleighbarhood residential 4 • Residential fi _ ~luR-~} zoning district to a l~e~ghborhood {NR 6 zoning district. The subject pro a !~ ener corner of hllocki p ~y 9 ally located near the northwest ngb~ .d 1_ane and oriole bane. The applicant i ro a i • residential units and u le~ces. p R ng to construct single-family p The public hearing dill start at fi:D .rn, in th - . . ~ e C~ ouncal harrtbr of C~#y l~al! foca#ed at ~ cl~~r~ney Street, D ntan, Texas. because ou ~ ~ ~. sub ecf roe '~/f ~[~] r+~~y{ ryy' -f /y~ry {~~ awn AAe-~Y ~rf~h~~ two Dr~nafred ~~0~} feef of ~1~e }y f~}}+~~ I~~~ ~ r~Ir ~11 ~rM~~~~~ ~+r~ f~V~Ii~~ 1/R~,l1~i~~./~1./~ ^1~~~~ ~1~~ ~kf ~A~Iy~r ~[~j r/~,~! '~/} f+' Tr~~.yr ~/yy /y + j r r~~uV~ 1.1~~,( ~+! rIII~~~ Lf ~V ~L, 16! ~•/ V1.~f IIV^^ I ~iR lV~~ f.~~V4.~ 4~~ ffff y ~f~e p~bl~c Dearing. Please, in order for your o fni//Jor~ to b ' account, return this f rm with your carnments ri p e taken into .~ roDib~~~T .. ~ p ar to the date of the public hearing. {Tlis ~n r~o wa ~- ~ y~ou,~r~r~~a ~errd~ng.-end ~ar~~orpa~ing ~r~~le _u~~~o Dear~~ Y located at the bottom ~ ~ ~° . - - g* } _~_Yau . ~~y fax_ ~t to _ the number r ma,! ~t to the address below or drop it off in- erson: - __ __ p Planr~ing and Deveio rnent De artme p p nt ~~~ N. Ei~ Street Denton, fie~cas ~~0~ ttn: Ron Mengu~ta, Project Manager These forms are us d to calculate the ercenta e p g of landowners that support and op ose the reque#. The ornrr~i lion is informed of the percent of res on p p se its support and ~n apposition. Phase clrc~e one: 1n favor of req est Neutral to re uest ~ g apposed to request Reasons for ~ppolt~on: ~~ Co:~ e s ~ ~s r•~ ~ ~vr ; ,- -_ .- ~- signature: Printed Dame: ~-?~S Mailing Address: ~ ~, pity, State dip: ~ ~~ '~' ~~ ~ ~ Telephone Nurr~ber: ~ ~ ~I Physical Address of Pr party within X00 feet: i ~ ~~ ~~~~~ ~~~° ~~~ ~o~~~e IfiY MALL VI~ET • DE~TQN, T4 7fi20~ ~ 94Q.4 ~•~3~ * ~~AX} 94D.3~9.71~~ NOTICE OF PUBLIC HEARING Z07-0004 The Planning antl ~ Wing ornrr~ission of the i 1=ebrua ~ #Y of Denton will hold a public hearin an ednesda ry ~8, ~D07, # consider making a recor~mendation t i ~ ~ ~' ~ r a the City ounc~l regarding the re~onin of pp oximately .~8 cres from a Neighborhood Reidenti ~ ~ ~ ~ Residential ~ ~ al 4 ~IVR-4} zan~ng d~str~ct to a Nei hbarhood g NR G zoning district. The subject roe ~ corner of Mockin bi p p ~Y generaify located Weer the northv~rest g Lane and oriole Lane. The ap licant is ro . residential units and u lexe ~ p posing to construct single~fam~ly p s. The public hearing dill start at fi:3p .m. in th . Mc ' p e City ouncr! chambers of City l~al! located a Kinney street, Denton, Texas. Becau t ~ ~ ~ E. e you o~n properr withfr~ fwo h~rndred (~0~ feet of the subject properly, the Planning and Zonfn Co ~ ~ re of and invi .~ m~ss~°n ~vould fake to Dear ~v~ yvu feel about t1~is ~' to y u to etfend ff~e public ~rearrng. Please in or . . account: return this f rm der far youf opinion to lie taken into with your comments prior to the date of the ublic h ' . _ --w prohlbifs y~au-frorn .a ~er~ding and artici~a f P sarong. ~Ttr~s rn no gray l , . A f ng fn _tbe pu~flc heani~g.} _.You ma fax it to the ocated at the bottarn r mail ~t to the address below or ' ~ Y _. number tlrop ~t off ~n-person: - Pianningand Development Departrnen# ~~ lV. ~!m street entan, Texas 7~~~ t#n: Ron I~enguita, Project Manager These forms are us d to calculate the ercertta re ues~. T ~ ~ p ge of landowners that suppor# and o ose the q he ~omm~ soon ~ informed of the percent of res on pp '~ p se in support and in opposition. Please circle one; In favor of request sons for apposition: lJ 4-nr~ TD signature: Printed N~ ~ ~ ~ , Mailing Address: ~ pity, state dip: Tele have Nu ~ p rnber. Physical Address of Pro erty within ~~0 feet: ~- ~ ~ ~. ~~ ~~ ~ ~~ ~ ~ ~ ~ ~;, Cl~'Y ~~ ~~N~~Nt TES c~Tr ~ F~AL~ WEST DEN7~N, TE)CA 7fi~0~ • 940.349.55 FCC 94 2~~' ~~~ aye ~ ~ ~ 1~~ Neutral to request t~ pposed to requ t ~~c~ ~ "r !~ ~l ~* ter- ~ ~,--~ W As 1~ i 1 ~-~L~ l~~Q ~T S~ L1 Q 5 1~, I~--~~ . l TS I-+ ~2orn a..,,r~~., ~ c,Q,~ ; ~ ,~.~„ Cm n. ~, ,~r~-~ g u I`~ v e.,~L.t,~ A,~. e~~ a ~ cti`'o,,~r~.+'r~D iZ~ P `rte ']~ ,~.~L~~,c-~-~ ~ i~.,~~ ~ ~5.~ ification Map~4s ~W O i~ ~-~~vt~S P-2. ' To--rte, ~~S ~ .m l Sa,W ~.lAS~ ~-~-ra0 ~ ~ ~~ ~~~gpx MSS 9vtJ -- - ~. CITY ~ ~E~IT~~V ~` c~T~ H ~ ALL 1NET DE~T~~, TE)CA 7fi~~~ • 94~.349.835p • CFA 94~,349~fi707 ~o~' ~~ ~o~ce L y ~ ~ ~ EXHIBIT 8 z 0 z a l ~~. __~I I~ N~ I --~: -- ~ I -- I-- ~ I~ I iI ~I - i ~ II~~ ll i „ r i, i r fi~ ~ ~ ~, ~ i ~ -, (- J ~~ ~, ~ ~~ ~~ f ~ 1 I L--~ - ~ ~ r ~ f-7 ~ T~- ~! ~- ~-~ I -- i I ~ ~ ~ ~ I I ~ I-_L ~~_ L I ~--r-~ ~--L I ~- ~ L ~ L ~ ~- f ~ ~ I-~ ~ ~T~~ . ~ ~ I I_I I I I I ~ I ~_J ice- L ~ ~ ~ ~ I - --- -- I----~ I + I I I ~ I I ~J I----~-~ ~-~- r _~_ r ,~ ~--~_ l i I ~ ~ ~-~- ~- _ _~~ r - - - - I~-___-I I_-i~ - ~-~ - i i f----i C- ~-___ ~I ~ -- I I - i # f---~ , ~ ~ I-~ ~r-T-r ~- -r~ -~-~ ~ ~ / ~ M r i ~ ~ % ~ -~ I---~~ ,. i ~- I ~ I----{ ~---- -~ ~ I --~ --- ~ i ---~ ~ -----I~---- ~I_ 1.. ~--~ IL__-_~ ----~-I l ~ I I _, r-- - I P I ~ ~--~__ ~ ~ ~ I I~ 1 ~~ J -~ ~ I 1 I I ~---I~ ~--~-~-~ -~ I~ ~ 1 I , \I II ~----L-L--~~ i ~_ 1 I i I i I I 1 L-L_1-~ 1~L~~ ,L ' I ~ ' ~ ~ I --~_J~L_L I ~ I L_I _i_i~_-f ~ ,~_L- 1_~_ W = r o0 2 ~ z 0 ~ J ~~ Q X ~ ~~ ~ ~ ~ ` c9~ O Q J ~ ~T ~ o ~ a ~O o N W ~ Jw QJ Z Z =V e ~ O OO Q2 ~~ N c~~ ~ QO ~W 4 U o ~ WO Z ~ d' ~ 2 ? ? m oz awa gpom~ ¢ `u pUW F~ ~Qw ~~=wF j UwN pW -Um - pZJ Q C1 ~~ ,2 a IUD ~? 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W~ZI}z p m zQw~~ J 3 ~ z wa~'~J~ Sao oop?~ o ~ ~ Q ~ ~W~n>pc¢n ~~m LLWwwY F ~ F ~ x a~Z~~w wOm OapzW o } Q O W dzzzF= ~Fo ~mx¢a a J = nWimO~~w u~pw~z-aYUx x ~ d W o waWa~o Fpa~Qoa_? a ~ Q VI ~ ^wp-~w0 WcCdaw aFa ~ waZZ=3 wJ~~Q~w~~ a ~gwd~U ~my¢~F~~w~W O ~ ~'XN~?a =Ja~~QmzLL~W z o w°ww~~ w~~c~~X~~yWm O gartQw-z=wm320awwwo3 3w?X¢~ocw7jJo~a2p¢W~J O U a,QZaa.NLLZmWO,aa~_wXJoO J a 3WWaHWfgQ(~U'?QmOaOU~U W fA U W Z Q~ N Q^ 0 2 N~ ~ 2 d a W fp ~ O p x_w » Jxx ~~a= z ~ ~FNmni tOUriLLUwa~~~QH~nO ~ a Ju 2 Q Na O eN ~' ~__~~ ,, o„ ~„ ~ © '~ -- Nroaalvaois~NUSaa ____v~I~~~J~lh 1~vuPJ _-- _ ---- - -- ---- ----- ---,86'6--- ----- ---- -------'~-- -----,18=87,Z- -- - -- - - ~---- _.'.__ ---------- ~OO,OO.OOS M„9b,bD.00S~ ii N 'v 1 ' ~ NIHa4 wa01S 03SOd0ad I ~ SIN - -- 1N3W35V3 ,Ol r - - - I ~ - - - - - - / - I I /// ~ ~ ~ ~ o ~ d I I ~ d / woa I n I 9 d I r- a~ ~~ ~~ I I I __ ~ __ I _ I F I F ~/ I - - I W ~ i ~ I~ ~~ ~' ~ F I a ~ N a I W I d d ~ ~ °o N N "O ' O~ n = z I ~ ° '~ M co I m - Q rn rn ~, I l/n , ~, I I I ~o I --~ ~-- ~- /~--~a I- o I _ d d W 0. w O I -~ W Z I d I 0 z o I I d e w ~~ I ~ I o z ~ z I ~ I I`° I ~ Q ~ I I a I I ~ 31 0 I N~ N -- I o - W I w NI Fp 6~ 3 ~ ~p Z I= a 3 __ -- ~- -- -- W :~d F- Z ~ W ~ N N I I'... F N -- 0~ d X ~ N F ~ a Z F F Z Q I F Z W v x W W ¢ IW `` o ~ I~I ~ IZ W W I o al C0 IrWnI ~ ~ IQI m ICI ~ I I o W ^ W M# ~ o W ^ Q o I ~ Io 0 0 n I ~ to W ~ - - a a ~I ~`----J L- n -J~ ~ of I _ _ 1N3W3SV3 ,Dl - _ I w io I~~ F ~I I~ a~ a 1~ ~1 M ~ o N m o \ 1N3W3Stl3 ,Ol / m wl m -- -- -- _, m I Ala \` ~-- ---- --- _~/ °° I :~ r / m ~ N / ~ ~ ~ ~ ~ \ / d I a I ~ I a I v \ ~ ~ I ~ I ~ I ~ I ~ ~ i ~ ~ ~ ~ ~ ~ 3u0D,00.0 N 3„8b,b0.00N EXISTI G ZONING: NR-4 Z~ 0 m * N O 0 ~ W*~' OOa~ ~No ~ O ~+ ^ ~. V O ~ ~ ~ m°D~e Z ~~~ ~0~~ 'wk• C ~ m ~ C `~ ~ 4 C L • 1 v 00a~3 ~ 0~ ~ w t~ 0 .~ 3 `Co ~~~ V ~~o ~_ W 4 N A= N~ WHQ =., >Z~ Z EXHIBIT 9 ~Ti° TE~4GUE NAIL AND PERK/NS civil Engineering u€veying ~ Lands~e Arc~itec~ure ;Planning Monday, ~lanuary ~, go7 David perchers P.E. Dity of Denton ~1 N. Elm Denton, TX ~fi01 X940} 349-34~ Re: Oriole Court DAH06229 Dear David; Included with this letter, ou will find an application form, ~ CD-RAM and ten ~10~ ]~ . . co ie of ~ Ian for ~ zoning change request on five-acre ~nf~ll development ~n p p Denton called oriole court. The propert~r ~s owned by Denton Affordable Housin for oration DAH~} and i located on the west side of IlJlokingbird near ~ ~ ~ . oriole Lane. The owner would like to subdivide the tract into smaller res~dent~al lots and construct sin le-family and twafarnily homes. The tracts are currently g ,.. desi Hated NFL-4 zonin and DAH would like to consider the possi.b~l~ty of ra- g g zonin to a NFL- designation in order to be able to build at a slightly higher 9 ~ this densi . DAH has secured HUD funds to build four ~4~ two-famNly homes at site which will rovide an increase ~n density while allowing larger average lot = p areas. The zonin ian that ~s included ~n this subm~s~on shows how the gp . ro oed la out more closely resembles NR-4 zoning with rear entry to the two ~ p Y ... farnil homes and iacerrrent of these homes in the ~r~ter~or of the subd~v~s~on ~ r ^ thereb isolatin them frorr~ the adjacent s~ngie-family homes. Pursuant to the y 9 Denton Develo ment bode, thetwo-farn~ly units will be designed and built to look p, like a sin le-fam~l dwelling. You will also notice that the proposed lots are only g Y slightly smaller in area than typical NR-4 lots Denton Affordable Houin Corporation's goal for this development is to produce g hi h- uali "hi h~ erformance" green affordable housing. The HUD-financed 9g tYa 9p . du lexe will be reserved far persons with disabilities. A change ~n zoning will p . facilitate the achievement of this goal. fur intent is to as closely as possibly match the re uirernents of NP-4, in particular as they apply to two-family homes q . and thus make the subdivision transparent to the surrounding homes, The number of dwellin units allowed under HR-4 zoning would be twenty ~1 } g on this roe and we are reposing to build twenty-s~X ~~} units cons~st~ng of P p ~y p ~~5 ~Illsst Hickory treetr quite ~ 00 Denta~, Texas 7G2D1 ~ 9~~.~83.4177 pane ~ 94a.383.Sa~6 fax vvwvv. ~np-or~~ir~e. com David s~eie~er Monday, ,~ant,ary 2, X007 pity o~ Denton Page 2 ~ 2 ~~~v~e court honing Request ei hteen ~ 8 sin le-#arnily detached ho~res and eight ~} shared ~rali units. The g ~ ~ g total ,number of d~relling units is five ~5} more than vuould be aiio~ved by NR~4 re ulatians~ l~oliovuin is our 'ustification of impacts to the e~cisting infrastructure: 9 g ~ . ~ . ev~rer: ive measured the size of the ~ratershed and estimated based on the exitin zonin districts that there are approximately 4aa single family 9 g .. . homes that drain into the severs that this project ~r~ll impact, once the increase in dv~rellin units i only #ive ~5} per our pian, the percent impact on the surer 9 , . stem v~iil be apprvxirnately one ~~ } percent aver the ex~st~ng zoning Y ciassiffication. ~. lllfater: Assuming the same methado~ogy far rrfeasuring the impact of serer can be a lied to ~vater systems, the impact could be the carne one ~~ ~ pp .. ercent increase in demand aver the ex~t~ng zan~ng ciass~f~cat~on. p . Drama e: The higher ~ntens~ty required to calculate runoff due to the hi her densi vii! produce higher f iou~s, but we v~iil be required to detain the g tY . increase in runoff of the development in any case. The zoning change v~r~il simply re airs us to buiid a siightly urger detention structure than ~vould be required in the existing zoning classification. 4. Traffic: The ultimate capacity of Mockingbird Lane, being defined as a collector b the i hllability Plan, uuill ~e approximately 7~a0 trips per day ` ~ ~ ^ i ' to a re ort b the Plann~n staff. ITE's Tr~~ ~rrera~rer~, ~ ~dr~~or~ accord}ng p y g rates the P.IIII. ek hour of generator on a vueekday of a single family detached p home to be 1.a trips per d~veii~ng unit. The change in zoning vuould increase the traffic in I~ockin bird Lane by appro~cirnate~y #ive trips in the peak hour ~uhich is a g ve srnal! increase compared to the ultimate capacity of the collectar road. r ^ ^ ^ • ~ . schools: ive believe that the add~t~onai five duvell~ng units that a are proposing gill have a minimal impact on choals. Vie feel the ro aced zoning change is in compliance vwrith the Denton Plan p p ... . re ardin the de#inition of compat~b~i~ty ~~th the surrounding ex~st~ng 9 9 . nei hbvrhaad. Further, a higher density zoning quill promote ~n#~ll development, g increase homea~rnerhip, and promote atta~nabie haus~ng, The density being ro aced is onl sii htly greater than the surrounding neighborhoad and the Iot p p Y g areas vuill actually be very carnpat~ble uu~th the lot areas of ne~ghbor~ng subdivisions, Please feel free to contact me if you have any questions. sincerely, TEA~1E HALL AND P~R~t~N, ~I~. Jeff ears, EfT Js .~ EXHIBIT 10 ~ond~ns~It Page ~ I P R O C E E D I N G I CONII~~ISSIONER STRANGE: News to tree. Mr. 2 ~CQMMIS~IONERS ANDERSQN, LYKF,, wATKINS, 2 Lockley, is t117t correct'? 3 STRANGE, THQMAS, TrIIBQI)EAi~~, GNU EACLETQN 3 MR. LQCKr,EY: YeS, sir. I apologize, Mx. 4 PRESENT.} 4 Chair. That item is being r~uested to be pulled this ~ caMMISSIDNF.R STRANGE: good evening, ladies 5 evening to allow the attorney to review it further. ~ and gentlemen, It's 6;32 and we will convene the March 6 C~~IMI~SIONER STfZANGE; okay. Then wc; will ~ 14th, 2~~7' session of the Planning and honing Commission 7 not be having an item for individual Considcratiot3, we'll S and ask that you would join with us in tl1C Pledge to t~]C $ now move to Itc~~n No. 5 on our Agenda which is public g 1~lags. 9 hearings. And for those of you who are not fan]iliar with 10 {Thereupon, the Pledges of Allegiance were 10 our process ficrc, what w~e would ask you to do if you are I 1 recited.) 11 here t~ speak on any item that relates to an item on tl]e 12 caMMISSIQNER STItAhGE: First item on nur I2 p~]blic hearing agenda and wish to speak, you will need to 13 Agenda is approval of the minutes of the Planning and 13 go out into the lobby and pick up a yellow card, and snake l 4 Zoning COn7rilission Meeting of I~iebruary 28th. Do ~'e have a I ~ sure tll~t you f111 tl]at Out indlcat~tlg thL' item by Wh1eh 1 ~ motion for that. 15 you want to speak whether you're in favor or opposition 1 ~ COVtMI5SI0NER TIIiFiODEAU~: So mo4'~d. 1 ~ and fill it out colmpletely. If you are an applicant, you 1'] COMMISI~NI;R STR:'~~G~: ~~'~ have ~ motion by 1 ~J don't need to do tl]at, 18 l~r, Thibodeaux. Do we have a second`' 1 ~ But if you are a lncmber of the public who l ~ CDMMIS5IQ1~ER ~vATKI'~'S: Se~~IId. 1 wants to SpCak on any item Chat's on tl]e public hearing 20 caM~IIS5I0NER STRANGE: Second by Mr. 2~0 agenda, you will need to fill out aii infornation carol and 21 Watkins, Any discussion? Please, vote, The vote passes 21 hand it in down front. 22 ~-0, 22 First item can our public hearing agenda 23 Next item is our Consent Agenda. And Mr, 23 tonight is Itetl] No. 5A, wheel] is the rezoning of 24 Tholl:~as is going to abstain from Voting on that, so if you 2~ approximately 5.28 acres Pram a Neighborhood I~esidcntial 25 would please give us til~~e to Consider that, Prior to 2S NIt-~ zoning District to a NCigl]borhood Residential NR-~ Pale ~ Page 4 1 tonight's meeting, tl7e Planning and honing Colrlmission met 1 ~on~ng District, The property is located near the wltl] the Stiff and had the ~pportunlty tQ go OvCr the ~ nort11V4'est corilei~ Of 1MfI0Ck~Ilgl?1rd Lane and ~1`iole I.lalle. Mr. 3 Consent Agenda, lave all Of our quCStlons answered at that 3 Nlengulta. ~ time, so there will be no further discussion on the 4 MR. I1ocRt,~,v: ~~r. Cllairlman, due to an 5 Consent Agenda. Do we have a motion. 5 e]~lergcncy, Mr. M~~nguita is not with us this evening. ~ COMMISS[a:~ER EAGLE'I~UN: SO 1710v~d. 6 l~avVever, Ms. hclton will present this case. '] COMMISSIONER sTRANGE: ~v~ have a matlan by 7 CQI~IMISSiONER STRANGE: okay, 8 Mr. I~aglcton and asecond by -- 8 CIS. fIEr1TaN: Thank you, Mr. Chairman. 9 ~aMMrsiONlyR wATI~INS: second. 9 Before I begin the staff presentation, 7 would like to ~~ COMMISSIONER STRANGE: -- Mr. ~~'atkins. Any 14 point out a Correction in your Agenda'information sheet. I 1 discussion? Please, vote. Ms, Anderson, you didn"t 11 Dn the first page under background at tl]e et]d cif of the 1 ~ register. There you o. Tl]e vote passes ~-0. If Mr. 12 3rd paragraph states that the first zoilii] case which was 13 Thomas will come back in, 13 ~-03-I1422 ~~ras witrldrawn before the City Council decision I4 Next wi11 be Item No. 4, wll~ch is an itC]11 14 u~as made. That is not correct, The case was denied by 1S for an individual consideration. It's a variance of 15 the City Council on February 3rd, X004 by a 5-I vote. And 1 ~ Section 4.l .D of tllc D~~rltan Transportation Criteria Manual 1 b I just wanted to clarify that before we move forward, 17 concerning, storage nr stacking of drive-tllrough lanes. 17 The purpose of this rezoning reclucst is to 1 S It's approxirnatcly a 6 -- .b I $ site zoned Neighborhood 1 S lilcr~se the deI]~lty of the resldCntlal ui]1ts pernlttCd 19 Residential Ivlixed Use located on the west side of Lillian 19 ]]ndcr the existing NIt-~ coning district. A maximum of 21 24 Miller Parkway approximately 540 feet north of Soutllri~ge 2~ dwelling units would be allowed ot] this property, The 21 Drive. s. heltoi]. 2I Nrz-~ zoning district would allow up to 31 residential 22 ass. sHELTaN: Yes, sir. Thanl~ you, I 22~ units on the site. The applicant is proposii]g 26 dwelling 2~3 believe we have requested this to be pulled from t~~night's 23 units, five more t1~an u~llat would lac allowed iz~ an NIA-~ 24 Agenda due to our attorney's advice. V4'e llad an issue with 24 zoni~lg district, The proposed 26 ur]its would col~sist of 25 the type of variance treat it is, 25 I8 single family detached homes and four duplexes. The PI~ANNIl1i~ ~ONIN IUL~R ~~5~~N, M.~~C;H 1~, ~Ui~ 1 rage i ~ rage ~+ ~t~~enseIt~` - Page 5 Page 7 1 Denton Affordable Ilausing Corporation will retain l Chairman. Ms. Shelton, lave they indicated whether or nit ~ ownership of all four duplexes with die int~nti~n of 2 they will be able to save any of the trees? ~ leasing them to disabled citizens. 3 MS. HEt,TON: That, sir, I d~n'C know. 4 Tl]e four duplexes are proposed to be on the 4 I'll leave that for that applicant, 5 interior lot ~~ lots of the subdivision, When we Come to S COMMIS~I~NER LvATKINS: And it mentions ~ the site plan, I"11 show those to you. 'Il]is location map ~ duplexes, four duplexes, I believe. Are those for extra 7 on the e?th~bit shows the general locatlon of the sublect 7 width doors ., 8 site. The situ is located to dle Vest of Loop ~~S shown ~ M. ~HELT~N: I'ltl assuming that they ~ here and north of McKinney Street here at the bottol~n. 9 will -- 10 This aerial i]]ap Shows tl]e neigl76orhood I~ C~1~1~iISSIONER ~~'AI~I~t~'S: --for wl]cclcl]airs 1 l surrounding tl7c proposed sire are pretty ~riucl] a de~~eloped 11 and so forth? 1 ~ single family or residential ncigl]borhood. The current 1 ~ M5.5HEL~'~h': again, I'~n going t~ lxave to I ~ Zoning i~ap shows the current zoning on this property and 13 defer to the applicant. 1~Ir'e haven't gotten that far down I4 tl]c surrounding properties to be ri'1~-a. if the proposed 14 nc~ road, 15 zoning is approved, tl~e zaning leap revisions Would appear I5 ~ co~~~IISIONER V4'ATKI~rs: All right. Thank 15 as shown here. I6 you so much, 1? The future land use snap Sho4l'S the subject 1 ~ M5, SIIIILTON: Sorry. 1 S site and surrot]ndii~g neigl]borhoods to be v~'ithin an 1 co~~n~rissf ~N~R STRANGE: I Saw one reference I9 existing land use designated +- an existing hand use 19 in tl]c comments fraln the public there about an alley. I 2~ designated area. Tl]e prapi~sed rezoning is cansist~~rit witl] ~~ don't see where tl]cr's an alley. ~I tlae Comprehensive Plan and with the futuro land use map. ~l Ms, S~IELTDN: I'nl not Sure -- if eve look ~~ And the site plan here shawl tl]e proposed Z~ here, I'm afraid this aerial is not sharp enough to sae a ~3 configurations and the applicant is proposing to put the ~3 whole lot. 24 four duplexes on these fo~rr lots on the interior. The 24 COMMISSIONER S~I'IZANGE: Tl]crc's na alley ~S notiflcatron map ~1104i'n here indicates the responses of thc~ ~5 being created by this dcvclopi~ient:' Page 6 Page 8 1 neigl]barhood to the required t]otification of tl]e proposed I MSa SIIELTi~N: If -- according to d]e Site ~ rezoning. fifty certified letters ~~~cre mailed to property ~ plan sub1nitted here, I'in not seeing an alley, ~ owners ~vithin 2D~ feet of the 5tll}ject site and l ~ 1 3 C'~7~IVItSSIONER STRANGE: Because one of the 4 courtesy notices were mailed to the physical addresses 4 letters of opposition referenced an alley. And I didzl't 5 witl]in 5~0 feet of the subject site. 5 see wlaere that cainc into play. ~Ve don't want you to make ~ staff has received five letters in 6 an alley in our back yard for cars to gn through and park. ? appas]tion and se~'en letters in support of the proposed 7 That's in one of the letters. 8 rezoning from property or~'~]crs within tl]at ~~D-foot buffer $ MS. SIIEL'TON: I don't know what they're ~ of the subject site, Property ow~mers in apposition to tlae 9 referring to. l ~ rezoning represent approximately seven percent ol` the land 1 ~ CoM!vrrSSIONER STRAIv'GE: All right. Any 11 area within ~~~ feet of the subject site. And here are 1 I other questions cif staff? Is the applicant here and da 1 ~ some photos of the property. 1 ~ they wish to speak? 13 This pl]otograph is looking west towards the 13 CIS, er~~vo: Gt~Od evening, Coi~Ymissioners. 14 suhjcct site, This is looking Werth on Mockingbird Lane 14 My name is Jane Provo. 1'tn the Executive Director of the 1 ~ from tl]c subject site, The public hearing sign is lt~oking 1 ~ Denton Affordable Housing Corporation, the applicant iii l6 directly into tl]c subject site from Mockingbird Lane aid 1~ this matter. And, perhaps, I can first answer the three 1? the last one here is looking south on Mockingbird Lane 17 questions ar issues that came up and them tell you a 18 fronx t1~e subject site. 1 S little bit about why we"re making this request. ] g The Devel~plllCi]t Revlev~ on3lllitte~ rccoininel]ds 19 First of all, regardi~]g the trees, yes, 20 approval of this rezoning request. I'd be happy to ans~~~`r ~~ indeed, we'rc1 going to att~~~~pt to save as Xnany c7f the 21 any questions I coil and the applicant is also hereto 2l existing trees that are on the site. 11s you, perhaps, ~2 answer any questions. ~2 noticed from tl]c aerial view, the center of tl~e site is ~~ COI~~:IdISSIONER STRANGE:; Any questions of Z3 devoid of m(~St ti`ee5. 13th there are sonxe beautiful tall ~4 staff? Mr. catkins. 24 pine trees that border ala~]g Mockingbird aid ~F're rnaltii]g 2~ COM'~iISSiOVER WATKI~iS: Thank you, Mr. 25 every effort we can to Save those trCeS. P~.ANNIN & ~NIN~ l~~IJLAR ~IO~, lU1~R~H 14, ~0~7 gage ~ ~ rage ~ and~ns~Yt~` Page 9 Pagel ~ 1 Regarding the duplexes, yes, these arc n7ore 1 duplexes will increase a bit rrlore than that, but we're 2 duplexes si~]]ilar to those that our corporation has ~ asking virtually for only nnc additional lot. It allows 3 developed before. They arc completely accessible, 3 us to spread those infrastructure costs across a few more 4 barrier-free, They"re designed to lncet all ~~~ 4 lots thereby keeping those Iand costs down. 5 rec~liirCmCnts, and there is a tremendous demand. we've got 5 It would be extremely helpful for us. ~'e 6 ~ waiting list at all til~]e5 e'en wltllaut advertlSfng ~f 6 feed that the request is compatible with the comprehensive 7 typically 3~ to 4~ qualified disabled residents that 7 plan in that flee average Iot site that ~'e"re proposing S really need this kind of Dome to live in. ~ here for Qriole Court is still a little over 7,~~~ square ~ And regarding the alley, This right in tl]c 9 fact per lot. As you kr]ow this ncigl]boI'hood -- the 1 ~ center -- no, it isn't showing, is it? 1 ~ surrounding rlcighborhood when it was developed was 11 M. HELTOi~: Lase tl]e mouse. 1 l developed under the old dingle Family '7. And so ~~'e f~;l 12 ~~s, I~~QVC~: ~~lle mouse, okay, Right along 12 these ~~ these homes and ttie Ic~t sizes will be cc~mpatiblc 13 the center is a private drive or alicyway which would 13 with the existing neighborhood. Appreciate your 14 allow rear entrance to dle garages for tl]c four duplexes 1~ consideration and I"d be happy to answer any other 1 S that ~'e tentatively Dave planned for the Very center area 1 S questlons you mlght have. 16 of tt~e -- of the development. 1 ~ COMNIISSIO~II;R STRAI~'GI~: Any q~Iestl~l]s ~f the 17 Again, for those of you that may not be 1? applicant? 18 familiar with Denton Affordable dousing, wC arc a 1 ~ M5, ~irovo: I should also inet]tlon we did 1 ~ nonprofit corporation that's been active in Denton for the 19 have a ncigl]borhood Inccting on February ~21~d. we held it 20 past l~ years. fur mission is to inct~ase tl]e supply of ~0 at the model home of cur Nc~rada Court Dcveloplncnt so that 21 affordable homes for first-tilrle to~~er income home buyers ~ 1 our neighbors could come in and s; for the~nsctvs the 2~ as well as to try to produce rental properties that we own ~2 type of honks that we ~~~ill be building. 'lie were pleased 23 and manage typically for special needs population] like ~~ that, I bclic~'e, six ncigl]bors attended, They all had 24 people will] disabilities. we feel very fortunate to have ~4 very legitimate questions and soon and I think ~'c were 2~ received anther financing award d]rougl] tl]~ Depat~trrcnt of ~5 able to ans~Fer and satisfy any el~ncerns that they -- that ~~~~ l o ~~~~ ~ ~ 1 f~ousing and Urbalr Development fc~r a little over 1 they had, o we were happy with the results of the Z ~~~1},0~~.0~ to build these four duplexes and they feel ~ II7e~tlilg that was attended by Ron Mengulta from the [,lty 3 that this is an ideal site because of its ac~:ess to public 3 staff as well. Thank you, 4 transportation]. It's within an existing neighborhood, and 4 Co~~1[Sto~rR STRAIVGI;: Thank you. 5 makes for a very excellent site for this type of ho1~]e. ~ Mr, Thomas. ~ You Inay be familiar with the development 6 CO:VI1~IISSIO:vER TI-IQ~IAS; z u~~dCrstand Lhat the 7 that we currently have underway that's a little north and ? engil]cer is hare, also; is that cerrect? 8 across t1~e street of this developlrrcrlt called Nevada Court. $ n~ts. ~Ito~o: yes. 9 This is a development, Again, tl]at's 5ilr7ilar in many 9 CO'~~~IISIONE~ TIIOMAS: I have a question 14 respects in that it co1nl~incs some duplexes along with l~ concerning tt]c detention pond and the capacities and 1 ~ sll~gle family detacl]ed ho1TlC5 1I] that develop121ent as well 11 location. wltl]out ally flow 11nes on this prop~~I-ty, [~~ l~ as what we're proposing for ~riolc Court, we plan to build 1~ caurse, we're i~I the dark. 13 green, environlnentallyfriendiy ~°ery energy efficient t ~ l~tn, vtci~~It~r; t'In sorry, I didn't hear. 14 homes that will make the homes affordable not only for 14 COI~'.VIIS~IONI•r4~ TH01~~AS: i was interested in 15 people to buy but to operate as well. 1 ~ the detention pond. Could you tell us about the 1 The reason we're asl~ii~g for a slight 16 topography out there and t1~e location. Normally those 17 increase in tl]e density for Ol~iole Court is to try to keep 17 don't front a major street like that, so -- 18 our land costs down so1newhat. It is not news to any of 18 ~t~t~ vYC;~~ttY: ~~y name is Crary Vickery with 1 ~ you. I'n] sure you realize and hear all of t1~e time, that 19 Teague, Nall and Perkins at 23 ~ Nest fli~;kory. The ~~ tl]e ZjC4'elopment Costs, file lI]frastructure, 1I15tallatl~I1 ~~ detelltlon pond -- tl]c general topograpt]y Qf t11C site 21 and so on is incredibly expensive and t~ try t~ stilt keep 21 drail~s from west to east towarcl~ Mockingbird. ~I7 fact, ~~ homes affordabl€~ makes it all of the more difficult if the 22 rc~atly more to the southeast, sc~ that's where it's all ~~ land costs are high, If we're allowed to increaasc t1]e 23 going to drain naturally anyways. Th~,}re is a junction box ~4 number of lots virtually oI71y .-the number of lots by 24 or a drop inlet actually out in the right-of-way of ~5 one, the number of units because of the fact that tl]ey are 2~ Mockingbird and we'll be able to connect to that wild the PL~NNIN & ~~N~N RE~JLAR ~I~N, IVIARH 14, ~~~7 Pale 9 - Page 12 (,`nnr~~n~P~t~ Page 13 Page ~ 5 1 outfall frolaa the detention pond and discharge it into ari I Subject property coiatains a total -- tl]e total dcvelo n~cl]t p ~ existing storm drain system in Mockingbird. ~ area for the Raynor Ranch Ivelopla~ent is approxi]natel ~4I ~ y 3 coM~Ilssl~N~l~ THD4IAS: there going to be 3 acres. It's located on botl] sides of Ulai4~ersity 380 west ~ typical storm sewers in the development or v~rill you just 4 of Bonnie Brae and east of r-~5. 5 utilize the curb and gutter system? 5 The northern area is the area being 6 ~~r~. ~ICI~E~~: There will be curb and gutte]~ ~ considered for the Comprehensive Plan Alriendl~~ent t~~night. 7 streets, of course, and there will be stonll drain in tlae ? That is the 15() plus ~~r minus •-152 plus or minus acres S subdivisiot] to convey the storm water to the -- to the 8 that are orl tI]c Forth side of 380. Subject property, the detention pond. We would have loved to have not had stoma 9 overall area is pri~t]arily undeveloped. Agaii], the area 1~ th'ain, but it was just too far to get it. e 1]ad to -- 1~ tl]at is tl]c subject property of the Com relaensive flan p I 1 it's a very slight site. So sewer and storm drain are 11 Amendment is primarily undeveloped. The existing or tl]c; 12 both really flat. There's not a lot of grade in the I2 previous location of the 1~-Mart Building, retail building I3 street, and tllerefcare, not ~ lot o~ capacity lIl the 13 here has .. that building has been rel~~oved so that is I4 strc~;t, so it will be underground. I4 undeveloped prop~~l-ty as well, everything except for an I ~ C01~~1;~tISIONI:R THOMAS: okay. Thank you. I S existing self-storage facility on the North side of 38(~ cry ~ ~ COIvfMISIONI:I~ STRANGE,: Thank you. V~'e will I ~ the far southwest corner of file prop~~rty. T1]c-re's 17 now open tlae public hearing. Do we have any cards on this 17 existing retail and lodging uses to the southwest, that's 18 item? Is t~aere an5'one here who wishes to speak on this 1S also on the north sine of 380. ~tl7er cnlaurrercial and 19 item? I1:eira No. SA. Vie have one person Rob 1aldwin. I9 retail uses on tl]e west side of I-35, residential and 20 IV~R. g~t.~~~'IN: [put dDwn the ~~~rong nLUriber. 20 office uses to the north, undeveloped -~ strip of 21 I'm here for tl~e 1]cxt item. ~ I undeveloped property directly north of tl]~: property as ~2 CDMMISSIO:~'ER s~~I~cI:: I thought that was 22 well as tl~c church and North Lakes Park is located to tl~c 23 right. But I u7anted to hake sure, Maybe you had Z3 ~;ast of the property across Bonnie Brac. 2~ sometl]it]g else to add. okay. No one wishes to speak, 24 This is a part of a larger proposed planned ~5 we'll close the public hearing, Do we have a n7otion on 25 development, but, again, the area we're focusing on fc~r Page 14 ~agc ~ 6 1 tl]is item? 1 tl]c Comprehensive Plan Amcnchrlerat is on tl]e north side of ~ CO~iMI5SI0~tiER wAT~Ih'S: ~IOVe for approval. ~ 38~. Specifically, what's being proposed are d big ~ CD1~11~~I55IONER STRANGE: we have a motil~n for 3 box retail uses with a colnbincd total of approximately 4 approval by Mr. V~ratkins. I7a we have a second? 4 45,000 square feet of floor area. There's fill additional ~ Co~IMISSIOIVER EAGLETQN: Second. 5 387,Q00 Square feet of striall~~r junior box in-lilac retail COI~41~II5~I{]~'E~{ STRANC`t~: ~~rh~ was tl]at S~COT]d~ G proposed on the easte~'I] 5adc of the property ~5 Vb'L11 a5 7 Mr. Gaglcton. ~~'e have a motion and a second. Do we 7 another y- I'm sorry, that's a fetal of 3g7,t~00 square 8 have any discussion? please, vote. The vote passes 7-0, 8 feet of retail, I believe, of retail (?ll the east side. ~ Dur next item is Item No. SB, which is a ~ The total retail proposed on the north side of 3~ is 10 Comprehensive flan Amend~rient from neigl]borhood centers 10 slightly less than a million Sq>~are feet of retail I 1 existing land USe and colrllrrunit~r 1ulxed use CCIItG'rS 1~17d use I 1 develnpn7~nt. I ~ designations to regional l~tixed use centers and 12 TJltila]ately, also ihc~ developer is proposil7g I ~ ne1gl]borhood ccnt~7s latad use designations to regional 13 single family residential dcvelop~rient C)ll -- to the north 1 ~ n]lxed Use centers and nelgl]bOrhood CCl]t~~rs laid u5~ 14 0~ file retail, It's ~ coi]1~llnati0l] Of 1Crnd o~ zr0 lot I5 designation on approximately 1 X1.6 acres of land located 15 line detached single family as well as some; proposed 1 on the north side of U.S. Ilighway 380 between Interstate 16 attacl~cd single falrrily to~~~n home de~~el4~pn~ent. I ~ 35 and 1~onn~c Brae, The 51te 1S currently ZoF]~d tlllw ~ ~} In addltlor] there's ~ approxllnatcly lllne 1$ combination ref a Neigl]borhood Residential 3, Neighborhood 1$ acres of open space that will be utilized as a retelition l~ Resldel]~1~1 Mixed ~4e~ Neighborhood Residential Mixed Use I9 area wCtlands alp as well as it will be utilized tea help ~0 12, and Comla]ur~ity Mixed L]se General honing Districts. 1VIr. 20 with the filtration of the runoff from the retail before 21 Russell. Z 1 it gets into Nortlllakes Park. 22 art, RT~~SELL: l~r. Chair, lriel~ibers of t11e 2~ But, again, the piupose of this first case, ~~ l.,~01711~11SSIon, T111S 1S the first Of t~v0 Coll]panloi] It~1~15, ~~ 7'll go into some more detail an the next case abo~it the Z4 public heazll~g items tonight. TI~c first is tl]c requested 24 Speeifl~5 of what'5 being proposed, but tl~iS first caSC 1S 25 ~ T ^ 1- change to tl~c Denton Plan Comprehensive Plan Alaaendlrrent, 1'1 rrz t ry n r: rr ~ r 2~ focused on a change to the Comprehensive Plal7. r~~lv~vitv~x ~~~iN~r x~~iu~~x ~~~[~N, ~1_ARCH ~4, ~~D7 Pale ~3 - Page ~~ S;14ur Documentsl0rdinances1071z07-00~4.doc EXHIBIT 11 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FRONT A NEIGHBORHOOD RESIDENTIAL 4 ~NR-4} TO A NEIGHBORHOOD RESIDENTIAL 6 (NR-6} ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR APPROXIMATELY 5.28 ACRES, GENERALLY LOCATED ON THE NORTHWEST CORNER OF MOCKINGBIRD LANE AND ORIOLE LANE, AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE M. YOACHUM SURVEY, ABSTRACT NO.1442 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL THAT CERTAIN TRACT OF LAND CONVEYED BY DEED FROM ROBERT H. WHITE TO AUBREY C. JONES AND WIFE ,LOTS L. JONES, RECORDED IN VOLUME 1121, PAGE 265, DEED RECORDS, DENTON COUNTY, TEXAS, AND ALL THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED FROM LAVERNE JOHNSON GEE TO JIMMY JOE GWARTNEY AND WIFE, JILL ANN GWARTNEY, RECORDED UNDER COUNTY CLERK'S INSTRUMENT FILE NUMBER 94-ROD51394 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.04 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ~Z07-0004} WHEREAS, Denton Affordable Housing Corp. has applied for a change in zoning for approximately 5.28 acres from a Neighborhood Residential 4 ~NR-4} zoning district to a Neighborhood Residential 6 ~NR-6} zoning district classification and use designation: and WHEREAS, on March 14, 2007, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classification and use designation for approximately 5.28 acres of land described in Exhibit "A", attached hereto and incorporated herein, being a tract of land situated in the Yoachum Survey, Abstract No. 1442 in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Robert H. White to Aubrey C. Jones and wife, Lois L. Jones, recorded in Volume 1121, Page 265, Deed Records, Denton County, Texas, and all that certain tract of land described in a deed from Laverne Johnson Gee to Jimmy Joe Gwartney and wife, Jill Ann Gwaxtney, recorded under County C1erk's Instrument File Number 94-RO051394 Real Property Records, Denton County Texas, which is attached and incorporated for all purposes herein the "Property"}, is hereby changed S:IOur Doc~mentsl0rdinances1071Z07-4004.doc from a Neighborhood Residential 4 ~NR-4} zoning district to a Neighborhood Residential 6 ~NRw 6} zoning district classification and use designation. Notwithstanding the above real property description, the property being rezoned includes all property to the centerline of all adjacent street right-or~way. SECTIGN 3. The City's official zoning map is amended to show the change in zoning district classification and use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall 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 distinct offense. SECTIGN 6. This ordinance shall become effective fourteen X14} 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 X10} days of the date of its passage. PASSED AND APPRGVED this the day of , 2007. PERRY McNEILL, MAYGR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: ~.~ APPRGVED AS TG LEGAL FGRM: EDWIN M. SNYDER~.,~~,ATTGRNEY ~w~., FIELD DESCRIPTION STATE OF TEXAS COUNTY OF DENTON EXHIBIT A BEING a tract of land situated within the E. PIZANO SURVEY, ABSTRACT N0.994, Denton County, Texas and being part of a tract of land described in a Deed from Billie J Estes Brahmall to Gelia Estes Coleman as recorded in Volume 4498, Page 205 of the Real Property Records Denton County, Texas, and being more particularly described as follows: BEGINNING at a concrete right-of way monument found at intersection of the westerly right-of way line of interstate Highway 35 and the northerlyright-of way line of Robson Ranch Road formerly known as Crawford Road} for the most southerly Southeast corner of the herein described tract: THENCE South b6 deg. 08 min. 48 sec. West for a distance of 150.84 feet to a PK nail set in said Robson Ranch Road for corner. THENCE North 89 deg. 47 min. 07 sec. West along said Robson Ranch Road a distance of 133.24 feet to a PK nail set for the Southwest corner of the herein described tract, the same being in the easterly West line of a called Tract 1 described in a Deed from HillwoodlMcCutchin, Ltd., to Petrus Investment, L.P., as recorded in Volume 4246, Page 574 of the Real Property Records of Denton County, Texas. THENCE North 00 deg. 17 min. 24 sec. East a distance of 2436.06 feet to a 112 inch iron rod found at the mast northerly South corner of said Tract 1, for the Northwest corner of the herein described tract. THENCE South 89 deg. 46 min. 33 sec. East along or near a fence with the most northerly South line of said Petrus Investment, L.P. tract a distance 722,74 to a metal fence corner found for the Northeast corner of the herein described tract, and the northerly Southeast corner of said Tract 1. THENCE South 00 deg. 08 min. 17 sec. West along or near a fence with the most southerly West line of said Petrus Investment, L.P. tract a distance of 1573.44 feet to a 112 inch capped iron rod set in the westerly right-of way line of said Interstate Highway 35 for the most northerly Southeast corner of the herein described tract. THENCE South 29 deg. 55 min. 32 sec. West with the westerlyright-of way line of said Interstate Highway 35 a distance of 922.23 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds is 35.642 acres or 1,140,174 square feet of land more or Tess. Volume 5090, Page O1244 Deed Records Denton County, Texas AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT A06-0006 (Marriott Garden Addition, Lot 1) Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 18.27 acres into the corporate city limits of the City of Denton, Texas. 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 1 of the Marriott Garden Addition. The Planning and Zoning Commission recommends the annexation proceed as presented (7-0). BACKGROUND Applicant: City of Denton Denton, TX A voluntary annexation proceeding is being considered by the City of Denton for Lot 1 of the Marriott Garden Addition and associated right-of way. The ownership of Lot 1 is Denton County. Denton County has agreed to the annexation of Lot 1 that was purchased in 1997. The subj ect property is currently used as a maintenance facility for road and bridge construction. The proposed annexation is being initiated by the City of Denton in completion of the Marriott Garden Addition annexation to the south. In anticipation of annexing the property south of the subject site (see Exhibit 1), the City contacted Denton County to determine their interest in participating with the Marriott Garden Lot 2 annexation. Denton County agreed to the annexation of the subject site. However, the City received a response from the County past the time needed to be a part of the Marriott Garden Lot 2 annexation. At this time, Denton County is requesting the subject site be annexed into the City. The following items summarize the proposed annexation and important actions taken: ^ On February 13, 2007, City Council held the first reading of the Ordinance. ^ On January 23, 2007, City Council held the second of two public hearings. ^ On January 10, 2007, Planning and Zoning Commission held a public hearing regarding t e propose annexation. ^ On January 9, 2007, City Council held the first of two public hearings. ^ City Council directed staff to pursue voluntary annexation proceedings for the subject Slte. ^ The entire area proposed for annexation is located within City of Denton's Extra- territorial Jurisdiction (ETJ) and is not zoned. ^ The Comprehensive Plan identifies this area to be within an Employment Centers and 100-Year Floodplain land use designations (located on the northwest portion of the subject site). ^ The annexation is scheduled for completion on April 3, 2007 (see Exhibit 2). 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 1 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 1 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 The Planning and Zoning Commission recommends the annexation proceed as presented. PRIOR ACTION January 9, 2007 January 10, 2007 January 23, 2007 February 13, 2007 February 25, 2007 /REVIEW (Council, Boards, Commissions First City Council Public Hearing Planning and Zoning Public Hearing Second City Council Public Hearing 1st reading of the Ordinance Ordinance publication 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. The proposed annexation area will add additional tax base to the city. F,X~TTRTT~ 1. Location Map 2. Annexation Summary Schedule 3. Service Plan 4. Service Area Analysis 5. Notification Map 6. Planning & Zoning Commission Minutes 1-10-07 7. Ordinance Respectfully submitted: ...k .n 5 i y i Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Ron Menguita Planner III EXHIBIT 1 Location Map 3 L- -r L i V_... i ix~ t-+. z 5 Y - r •ilhC.a EXHIBIT 2 ANNEXATION SUMMARY SCHEDULE A06-0006 - Marriot Garden Addition, Lot 1 Notices to Intent to Annex (30 day prior to lst PH) will be sent on December 8, 2006. Tuesday, l/9/07 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ^ Annexation Study prepared and available for public review. ^ Service Plan prepared and available for public review. Tuesday, l/23/07 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. Wednesday, //10/07 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the ro osed annexation. Tuesday, 2/13/07 City Council by afour-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, 2/25/07 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 4/3/07 City Council by afour-fifths vote takes final action. Second readin and adoption of the annexation ordinance. • 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 March 28, 2007 and May 14, 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 (1St Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A06-0006 - Marriot Garden Addition, Lot 1 I. AREA ANNEXED The annexation area is located in the northwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 18.27 acres of land generally located at the northwest corner of Hampton Rd and Masch Branch Road intersection and legally described as Blockl, Lot 1 of the Marriott Garden Addition. 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)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The city shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure 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, 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. 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 5 minutes from stations #3 and/or #5. 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. The Code Enforcement Unit, in the Parks and Recreation Department's Neighborhood Services Division, will provide enforcement of City codes to the property upon the effective date of the annexation. 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 regu atlons. 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 Regional Mixed Use 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 t e properties are annexe . 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 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. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for 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. 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. Water/WastewaterFaci1ities Water and wastewater utilities are currently being provided to this property. The City will 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 will 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 proj ected 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. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 1/2) 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 oftopography, 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). EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 The Planning and Development Department is processing a voluntary annexation for approximately 18.27 acres of land in the northwestern area of the City of Denton's extraterritorial jurisdiction (ETJ) generally located at the northwest corner of Hampton Road and Masch Branch Road intersection and legally described as Block 1, Lot 1 of the Marriott Garden Addition. Size: 18.27 acre Location: Northwest corner of Hampton Road and Masch Branch Road intersection Proposed use: None at this time, other than what is existing Proposed zoning: Not determined at this time The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. 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 equipmentlfacilities necessary to provide an adequate level of service to the proposed area; and cost of providing additional service. Existing Conditions: Proximity to existing 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. Future Land Uses. designation. The proposed annexation area is within the Employment Centers land use Existing land uses: The subject property is currently used for industrial use. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that a small portion of this property contains ESA -Undeveloped Floodplain and Riparian Buffer located on the northwest corner of the property. This property also contains a small portion of 100-year floodplain located on the northwest corner 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 property has a 2-inch pressurized sewer line running along Hampton Road extending west along the southern boundary line of the property. 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 Ron Menguita in the Planning and Development Department by December 8, 2006, and call 349-8328 if there are any questions. ~ it tf ~• r "~~ r4 '~ k r_+ ~~~ ~ ~~ 1 . / h 1. ' :a . r__ .1 SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 5, located at 2230 Windsor and station # 3 located at 1204 McCormick Street. 2. Estimated response time. 4-minutes 3. Appropriate response time in the City. 3 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? No 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. NIA 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? NIA Is there an accepted facility/equipment to population ratio that can be used for planning purposes? NIA Is there an accepted firefighter to population ratio that can be used for planning purposes? NIA Additional Comments: This area is currently served by the Denton Fire Department and lies at the West City Limit Line. There are no plans at this time forthe addition of a fire station in this area. Rick Jones Person to contact if there are questions December 29, 2006 Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 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 property to the proposed annexation area North Lakes Park, 2.15 miles, McKenna Park, 2.29 miles, 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 fora Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated of time of development) 5acres minimum size. (by developer) cost per acre. Community Parks: 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 Person to contact if there are questions November 28, 2006 Date SERVICE AREA ANALYSIS Police A06-0006 - Marriot Garden Addition, Lot 1 1. Estimated average response time for this area based on current department conditions: Priority 4 minutes Non-priority 17 minutes Average 10.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 4 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? NIA 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. Lee Creamer Person to contact if there are questions December 29, 2006 Date SERVICE AREA ANALYSIS LiLibrary A06-0006 - Marriot Garden Addition, Lot 1 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. Since this site is not tentatively planned for residential development, the annexation and development will not have any negative impact on Library services. 3. At what population level would another libraryfacility 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. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? NIA Additional Comments: The Denton Public Library and its three branch locations already provide service to this area. Eva Poole Person to contact if there are questions December 7, 2006 Date SERVICE AREA ANALYSIS Solid Waste A06-0006 - Marriot Garden Addition, Lot 1 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? Incremental Cost is minimal. Equipment and Maintenance. NA Personnel. NA 4. What is the typical revenue collected per: Household. Based on refuse cart provided. Commercial Business Based on container and frequency of service. Contact Customer Service, 940-349-8787, for service level and cost information. 5. Will additional equipment be needed to serve this area if annexed or developed? No Type of Equipment. NA Cost of Equipment. NA 6. Will additional employees be needed to serve this area if annexed or developed? No Type of Employees. NA Number of Employees. NA 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA 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: Scott Lebsack Person to contact if there are questions December 8, 2006 Date SERVICE AREA ANALYSIS Electric Utilities A06-0006 -Marriot Garden Addition, Lot 1 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME has a primary underground three-phase line on the property. 2. What type of lines and facilities would be required to serve this area? DME electric facilities are in place. 3. Are any new lines or facilities proposed for construction to serve this area? None are planned. 4. Are there any potential responsibilities if this area is annexed? Street Lighting. 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: DME currently provides electric service to Marriot Garden Addition, Lot 1. Changes to the electric service will be per Denton Municipal Electric Service Standards. Bill Bunselmeyer Person to contact if there are questions November 27, 2006 Date SERVICE AREA ANALYSIS WaterlWastewater A06-0006 - Marriot Garden Addition, Lot 1 1. What is the nearest City of Denton water line? Size of water line. Location of water line. Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. Location of sewer line. Distance from proposed annexation. 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 Sewer lines 4. Are there any City of Denton lines included in the proposed annexation? 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: Waterand wastewater utilities are currently being provided to this property. Tim Fisher Person to contact if there are questions November 27, 2006 Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Engineering 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 Type of Improvement Approximate Cost If not platted, Developer participation requirements for both north and east side of property Masch Branch frontage 25 ftwidth of pavement unknown Masch Branch frontage 8 ftsidewalk unknown Masch Branch off site possibly some pavement improvements to US380 unknown Masch BranchlUS380 participation in traffic signal unknown via TIA Roadways per the connectivity component of the mobility plan may be required including ROW dedication and streetlsidewalklnstallation 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 begin. 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). None The following developer funded drainage improvements are required: The northwest corner of the lot is within Zone A floodplain (Stream DF-3) with undetermined base flood elevation. Prior to issuing a building permit for any development, the property owner is required to complete a flood study and obtain a letter of map revision (LOMR) from FEMA to establish the base flood elevation and required minimum finished floor elevation for any structures on this property. If this property is re-platted, a conditional LOMR will be required during the re- platting process to comply with Development Code Subchapter 19. Reference: City Code Chapter 30 Flood Prevention and Protection. 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. NIA 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: None at this time. Bud Vokoun Person to contact if there are questions December 28, 2006 Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Krum Independent School District 1. Education services are currently provided by: Krum Independent School District 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? Yes 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? NIA 4. Estimate additional funding needed strictly based on proposed annexation and development. N_ 5. Will projected school taxes from this development provide that additional funding? Yes 6. Please comment on the cumulative impact of annexation and development. Bein that it is zoned commercial, impact will be plus for district financially. 7. At what population level would other school facilities be required for the City of Denton? None 8. Is there an acceptable employee to population ratio that can be used for planning purposes? NIA Additional Comments: Troy Hamm Person to contact if there are questions January 18, 2007 Date EXHIBIT 5 Notification Map rii K'• "+ +~ 1 " ~ x~' ~ondettseTt~ ~YI•IIRIT _ R Page 21 Page ~3 1 C~MMISSto:vER STRANGE; V4Te~11, now move to 1 W~'~1 C1DS~ the pU~i1C hearttx~, DD we have ~ rnotton en 2 the portion of our Agenda which deals -- oux public 2 this item? 3 hearings. For those 4f you wllo are not familiar with our ~ COMMI~~I~NER CAGLETQN: ,~o moved. 4 practice here, the public does have an a ortuni to pp tY 4 ~'~M:I~ISSIQNER STRANGE: I have a ~r1ot10n by 5 speak on any of the it~~Ins on the Agenda for public ~ Mr. Eagleton. Dc~ we have a second'? ~ hearing. If you wish to speak, y~ru need. to fill C1lIt one ~ CGMMISSI~NER IsYKE: Second. 7 of the yellow cards which is found outside in the hallway, 7 C~~IMI,~SI~N~R STRANGE: we have a second b Y 8 indicate the Agenda item for which you wish to speak, ~ Dr, Lyke, And discussion? Please, vote. And the vote -- 9 present it down front, and whel7 the appropriate tilne 9 the motion eazries '1-~, 1 ~ co1nes, we will call your name. If you have not filled 1 ~ 11 out a card, you will not l}e allowed to speak. I 1 I ~ 5o if you wish to get a card snake your way 12 13 to do that while we begin our first item. It's Item No. 13 14 ~A. 7t's a voluntary annexation and service plan for I4 15 approximately 1$.~7 acres. The property to be annexed is l ~ 1 ~ generally located in the northwestern area of the City of I ~ 17 Denton's ex~aterritorial jurisdiction, north of 3 SD west I ~ 1 S and -- west of Masch branch Road. Mr, Menguita. I S 1 ~ ~R, ~E~~~TA: `thank you, Chair, nletnbers of I9 ~~ the Comrriission. The proposed site as outlined in yellow 2~ ~ 1 is currently owned by the County of Denton. It is ~ 1 ~~ currently used as a maintenance facility for Read and ~~ Z3 Bridge construction. '1`hc proposed annexation is being ~3 ~4 initiated by the City in completion of the Marriott Garden ~4 ~5 Addition annexation. In Dece~nher of 19 -- 206, just this 2~ Page ~2 Page ~4 I past lnonth, the annexation of Marriott Crarden Addition, 1 2 Lat 2 was completed and is rlow part of the City. The ~ ~ current zoning around the property is ECI to the south and 3 ~ NR-2 ~ the Southeast. ~ 5 The comp plan designation, land use ~ 6 designation has the property as elnployrr~errt center, 11~e G 7 slide shows the notification. As of today, staff has not ? $ received any response to the notification that was sent 8 9 out. City Council held the first of two public hearings g 1 ~ yesterday 3anuar~r nth and rccorrunendcd to proceed with this 1 ~ 11 annexation as scheduled. staff recommends that this 11 12 public hearing for A-~6•~~~6 is held ~S scheduled pendIilg ~~ I3 comments received and determine if additional information 13 14 is needed. I would be happy to answer any question at 14 15 this moment, 1 ~ I ~ COMMISSIQNER STRANGE: Any qu~StiOI]5 of Mr. 1 ~ 17 Menguita? Thank you. This is a public hearing. we will I7 11~ now open the public hearing. I guess since the City is 18 I9 the applicant, there is no -- do you have anything else to 19 ~~ add? 2~ ~ I MR. NJENGL]ITA; Na, Six. ~ 1 ~~ CGMMI~S~Qh;ER STRANGE: Okay. DO wo have ~~ ~3 any cards on this ite~~? 23 ~4 MR. LOCKLEY: h0, sir. ~4 2~ n r ^ ~ COMMI55IOh'ER STRAItiGE: Okay. No Cards ~ rrt r rs n .-, .~. ~ ~-.3 ~ ..,. 2 r~n~vtvltvur Lulv~lvti ~LiUL1~~ ~~~IN, JANUARY I Q, ~~47 Page ~ ~ -Page 24 S:I~ur Do~umentsl0rdinances1~71AD6-~~~~.~oc EXHIBIT - 7 ORDINANCE ~~: AN ORDINANCE ~F THE CITY OF DENTCN, TEA, ANNEXING APP~O~IATELY 18.7 ACRES ~F LAND C~NTIUDU AND ADJACENT TD THE CITE ~F DENTIN, TEXAS, LOCATED nV THE N~THwETERN AREA ~F THE CITY DF DENTCN' EXTRATERlIT~R.IAL J~TRIDICTION ~ETJ}; GENERALLY LOCATED NDR.TH ~F U 8~ wET ~F MACH BRANCH ~~AD AND LEGALLY DESCRIBED A BLOC 1, LET 1 OF THE 1VIARI~TT GARDEN ADDITION, APPRDVIN A ER~ICE PLAN FAR THE ANNEXED PROPERTY; P~VIDINC~ A ~EVERABILITY CLA~~E; AND PROVIDING AN EFFECTIVE DATE. ~Aa~-a~0} wHEREA, pursuant to ectian 4~,~~ 1 of the Texas Local government Code, han~e rule cities are authorised to annex areas that are not required to be in an annexation plan; and WHEREAS, on or about January 1 ~, 2~~7, the Plannln arld caning L1Omrnission recommended approval of the annexation of the property legally described in the caption above; and wHEREA, the City Council finds that the Property contains fewer than I as separate tracts of land on which one ar more residential dwellings are located an each tract; and wHEREA, this annexation is voluntary and is being made under subchapter C-1 of Chapter 43 of the Texas Local Government Code; and HEREA, the City Council finds that any areas caused to be entirely surrounded by, but not included within, the City of Denton, Texas as a result of this annexation, are sa surrounded in the public interest; and wHER,EA, the C1ty Council finds that all required notices were g1Ven lrl the t1n~~ and manner required by law; and wHER.EA, publlc heanngs before the Clty Councll were held In the CounCll Chambers on January ~, ~~07, and January ~3, ~aa7, both days being an ar aver the 2~th day but before the 40th day of the date of the institution of the proceedings} to allow all interested persons to state their views and present evidence bearing upon this annexation; and wHEREA, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council February 1 , ~~~7; and wHEREA, tl]1s ordlnance has been plibllshed 1r1 full one tine In the officlal newspaper of the City of Denton on February ~5, Z0~7, after annexat~an proceedings were lnstttut~d and ~a days prior to City Council taping f znal action, as required by City Chartar; and wHEREA, the City Council finds that the annexation will allow the City to ensure development consistent with Tl~e Denton Plan; NOS, THEREFORE, THE COUNCIL ~F THE CITY ~~" ~ENT~N HEREBY ORDAIN; ECTI~N 1. The findings and recitations contained in the preamble of this ordinance, and all ether findings legally necessary to support annexation, are incorporated herein by reference. ECTI~N 2. The Property rs hereby annexed to the City of Denton, Texas, and, pursuant to ~~~.1 ~.8. of the Denton I)eveloprrzent Code, wrll be sub~eet to the zoning standards associated with the zoning classification and use deslgnat~on -5, ul7tll such tln]e ~~ the Property ~ initially zoned, ECTI~N ~. The service plan, a Copy of which is attached hereto and made a part hereof by reference as Exhibit "" the "erviCe Plan"}, which provides far the extension of ~nunieipal services to the Property, is approved a part of this ordinance. The service Plan was made available far public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. SECTION 4. should any part of this ordinance be held illegal far any reason, the holding shall not affect the rerriaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portians of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the City. If any part of the Property is already included within the city limits of the City of Denton or within the 11n~1ts of any other c1ty, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance, ECTI~N 5. This ordinance shall become effective 1n~ed~tely upon Its passage and approval. PA~l ,ANA] APPR~~EI~ this the ~ day of , ~~Q~. PERRY R. c]ILL, NI~YDR ATT~T, JENNIFER WALTER, CITY ECTARY BY: APPROVED A T~ ~,~~AL FAR; ED ~Y.; ~'~y'• ` ~F r ~e }JJ~ F ~~I~BIT A CITY OF DENTON SERVICE PLAN FOR AOG~~~D~ ~ ~Irriot harden Addition, Lot ~ ~. AR.FA ANNFX~II The annexation area is located in the northv~estern portion of Demon's Extraterritorial Jurisdiction and contains approximately 15,7 acres of land generally located at the nerthv~et corner of ~Ia~npton Rd and March Branch Road intersection and legally described as Blocl~l, Lot ~ of the Marriott Garden Addition. II. INTR~DUCTI~N This service plan bas been prepared in accordance Frith the Texas Laval government Code, Sections 4~.~2f, 43.~~, and ~.a~5~b}-~o} ernan 199, as amended}. Municipal facilities and services to the annexed area described above v~il~ be provided or made available on behalf of the City ~n accordance ~r1th the fellov~~ng plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that axe comparable to the le~rels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. Ail yAL~REM ~PR~PERT~' ~N~R} TAX SERVICES A. Malice Protection, and Animal 'ontrol 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 exrsting personnel and equipment. Cade enforcement and animal control services v~ill also be provided to the property upon the effective date of the annexation, Anirrial control services will also be provided to the property upon the effective date of the annexation, B. Fire ~ratectian Fire protection within the limits of existing hydrants and errrergency medical services will be provided to the property upon the effective date of the annexation. The estimated err~ergency response tirr~e in this area is 5 minutes frarn stations #3 andlar #5, The City of Denton will provide emergency medical services ~"EMS"}, ~. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton andlor Denton County, sha11 be maintained by the City of Denton on the effective date of the annexation, Installation and maintenance of street signs, street lighting and traffic central 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 aa0 Parks and Recreation Master Plan. No parrs are currently located within the proposed annexation area. Denton neighborhood park fac~lltles axe within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing Oity of Denton park and recreation facilities and programs. The fade Enforcement Unit, in the Parks and Recreation Department's elghborhood -.7ervices Dlvislon, will provide enforcement of pity codes to the property upon the effective date of the annexation. ~. Library services Library services will be made available on the effective date of the annexation an the same basis and at the carne level as similar library facilities are maintained throughout the city. F, Bullding Inspections and Cnnsutner Health er~ices Building inspections and consumer health services will be made available on the effective date of the annexation an tl~e sale basis and at the same level as similar facllltles are maintained throughout the pity. Both services are provided on a "cast recover' basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Departrrient of e City of Denton. . Planning and Development services Planning and development services will be nude available an the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development bode, concerning subdivls~an and land development regu ations, pity auncil adapted The Denton Plan, the city's 1999-2a~a canlprehensive plan, by Ordinance 99-4~9 on December 7, I ~~9. The Future Land LJse Plan addresses both land in the city and its ET,I, and the subs ect tract is within the Regional Mixed Use renters land use deslgnatlon. 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 far final zoning classifications after the properties are annexed. IV. UTILITY !RATEPAYER) SERVICES A, olyd '~V~ste ollectlan The City of Denton is the exclusive residers#ial and commercial solid waste servlce provider In the C1ty. The City ordinance requires Solid waste services for all residences and commercial businesses located in the City. The City of Denton valid 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 annexatlan. To receive solid waste collection service, the customer rriust contact the City of Denton Customer Service office, 94~y349-8787, and submit a requestlapplicatian for service, Commercial customers are required to complete and submit a Service Agreement to Solid haste Customer Service prior to receiving service. Residential Solid haste Services Each residential address w111 be provided ~ wheeled refuse cart, wlllcll will be serviced one time per week, Residents are required to place their refuse carts} at the curb prior to 7;a~ a,m. an their collection day. Carts should be placed at the curb far collection na earlier than ~:~~ p.m. the evening prior to their collection day, Carts are to be rerrioved from the curb na later than ~:~~ a,m. on the day fallowing 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 Inanthly charge. weekly yard waste service is provided. meekly bulky item collection service is provided, meekly curbside recycling services are provided by 'Trinity Waste Services. Contact Trinity at ~1-5~~-~~-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 11~onday of each week. please telephone Customer Service, ~40~~4-57$7, to answer any remaining questions, and sign up for service Cat~mercial Refuse Service Each commercial business will be provided with a carrimercial containers}, which are available in a variety of sues and frequencies of collection, based an the waste type and volunxa generated. All refuse placed in the container far 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 subj ect to code enforcement regulations, including potential f Ines. Landfill service The pity of Denton valid haste Landfill hours of operation are 7:~a a,m. to 4: a0 p.n~. Monday through Friday; and 7:Oa a.m, to 1 ~:Oa p., on Saturdays. Far information regarding disposaf charges, call the Landfill office at 944~34~~~~ l ~. B, waterlwastewaterFocilities Water and wastewater utilities are currently being provided to this property. The pity will 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 1n other parts of the city with topography, land use, and population density similar to Chase reasonably contemplated ar pia j ected in the area. . Drainage services Drainage rrzaintenance will be provided to the property upon the effective date of the annexation. The pity will provide a level of drainage services, infrastructure, and Infrastructure malntenance that is ca~nparable 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 ar 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. axes should a request be rrrade by a property owner. Electric ut111ty service will be made available an the effective date of the annexation an the same basis and at the same level as s1n~11ar facllltles are ~nalntained throughout the C1ty. Denton Municipal Electric is the current electric service provider for this site. ~. ETHER EI~~~E ether services that may be provided by the pity, such as municipal and general administration will be made available an the effective date of the annexation. The pity 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 pity with topography, land use, and population density similar to those reasonably contemplated or prof ected in the area. VI. CAPITAL IMPR~VEME~T PROGRAM ~IP~ Na new construction of additional v~rater, sewer, street, and dra~~aae facllrtles 1s contemplated within the annexed area as a result of this annexation. No construction of pubic iruproverrients is contemplated as ~ result of this annexat1on that would begin within two and half ~2 %~ years aver the effective date of the annexation, The City shall consider construction of other public in~proven~ents as the needs dictate on the same basis as such public improvements are considered throughout the City far areas having similar characteristics of topography, land use, and population density. VII. UNI~'~RM LEVEL OF ERVIE MAY NOT ~~ REQUIRED Nothing ire 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 dlfferent characteristics of topography, land use, and population density are considered a sufficient balls for providing dlfferent levels of service. VIII, T~ This service plan shall be valid far a term of ten ~ 1 a} years. Renewal of the service plan shall be at the discretion of City Council. I AMENIIENT The service plan may be amended if the City Council determines at a public hearing that changed conditions ar subsequent occurrences make this service plan un~rorkable or obsolete. The City Council may amend the service plan to confar~n to the changed conditions or subsequent occurrences pursuant to Texas Laval Government Cade, ectian 4~,~5~ ~~Ternan Cupp. ~0~~}. SETE ~~ F1r~~~1~~1l~Ir~~N~i~~r~1~4~u1w~~i~~~ Laatlor~ flap Feet Q 250 ,540 1,000 AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT- A06-0005 (Hills of Denton) Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 1199 acres of land, consisting of three tracts. The property to be annexed is generally located in the City of Denton's extraterritorial jurisdiction north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. The Planning and Zoning Commission recommends that the annexation proceed as presented (7-0). BACKGROUND Applicant: Tomlin Investments Addison, TX A voluntary annexation proceeding is being considered by the City of Denton for the Hills of Denton. In accordance with the City's Annexation Policy Plan, approved in June 1993, the City will "assess on a case by case basis" the annexation of areas in the ETJ when significant developments are proposed. • Denton 288 LP has assembled 2120.6 acres of land as shown in Exhibit #3. The applicant is requesting annexation of 1199 of the 2,120.6 acres. The 1199 acres are within the City of Denton's Extraterritorial Jurisdiction (ETJ) and the remaining 921.6 acres are within the corporate city limits. If annexation is approved the applicant proposes to rezone this property to allow for amixed-use development. • The subject site is currently undeveloped. Access to the property is from Locust Street, Loop 288, and Bonnie Brae Road. Other proposed roadways that provide access to the site are Ganzar Road and an unnamed four-lane extension from U.S. Hwy. 77 to Milam Road. • On October 3, 2006, staff received direction from the City Council to proceed with the annexation. • On November 10, 2006, the City of Denton issued a letter of intent to annex to the owners of the subj ect property. • On November 22 and November 30, 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). • On December 6, 2006 the Planning and Zoning Commission voted to recommend the annexation procee as presente . • On December 12, 2006 the City Council held its first public hearing. • On December 19, 2006 the City Council held its second public hearing. • On January 9, 2007 the City Council held the first reading of the Ordinance. • The Comprehensive Plan identifies this area to be within the Neighborhood Centers land use designation. ~ No adjoining property owners have expressed their intent to join in this annexation. nPTTnN~ 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION The Planning & Zoning Commission recommends that the annexation proceed on schedule, 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) City Council Work Session Planning and Zoning Public Hearing First City Council Public Hearing Second City Council Public Hearing First Reading of the Ordinance Ordinance Publication October 3, 2006 December 6, 2006 December 12, 2006 December 19, 2006 January 9, 2007 January 14, 2007 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. FXTTTRTTC 1. Service Analysis 2. Annexation Plan 3. Location Map 4. Notification Map 5. Annexation Schedule 6. Planning and Zoning Commission Minutes. 7.Ordinance Prepared by: Respectfully submitted: .. a F Supriya Chewle Brian Lockley, AICP, Planner II Interim Planning and Development Director EXHIBIT 1 SERVICE AREA ANALYSIS A06-0005 Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 5_, located at Windsor(a~ Bonnie Brae and Kings Row(c~ Sherman. 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. None 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? N_ Is there an accepted facility/equipment to population ratio that can be used for planning purposes? 1 for 20,000 population. Is there an accepted firefighter to population ratio that can be used for planning purposes? 1 for 1,000 population. Additional Comments: None Rick Jones, Fire Marshall Person to contact if there are questions November 28, 2006 Date SERVICE ANALYSIS A06-0005 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 1 mile to the south, Evers Park,1.5miles to the south and Water Works Park,1.5miles to the east. Current residents will be able to use existing City of Denton parks, facilities and ro rams. 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 extend to the general area of the proposed annexation. Base on information provided by the Developer, 7464 single family residential units and 2204 multifamily residential units may be constructed. This equals to approximately 62 acres of new parkland for the residential neighborhoods. As neighborhood subdivision development occurs, neighborhood parks and community parks with athletic facilities will be necessary. Neighborhood Parks: 2 5 acres per 1,000 population. (to be dedicated of time of development) 5 acres minimum size. Neighborhood Park Development cost per acre is approximately $60,000lacre. Community Parks: 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 required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Cost for new street right of way mowing for 5 cycles is estimated at $100.00 per cycle per mile of new right of way mowing areas to come into the city. Service Standard: Based on $41.00 per acre per mowing cycle. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along Bonnie Brae and North Locust Street. Additional Comments: Denton Parks and Recreation Departmentwill attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development Bob Tickner, Superintendent of Park Planning and Development 11-22-06 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Police 1. Estimated average response time for this area based on current department conditions: Priority Eleven (11) minutes Non-priority Fort 40 minutes Average Twenty-One (21) minutes 2. Appropriate average response time in the city based on current department conditions: Priority Eleven (11) minutes Non-priority Thirty-Seven (37) minutes Average Twenty-Three (23) 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? Is there an accepted facility/equipment to population ratio that can be used for planning purposes? Is there an accepted officer to population ratio that can be used for planning purposes? The generally excepted ratio for police departments our size is 1.8 officers11000 population. However, we are currently operating at approx.1.4 officers11000 population. Additional Comments: Lee Creamer, Lt. 11 /0912006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 LiLi-Y 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. Since this site is planned for residential development, the annexation will impact library services at our North Branch. 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 aid staff. 6. At what population level would another library facility be required? No. The North Branch will need additional personnel to meet the anticipated service demands of the proposed annexation. If not, how many additional employees and what type of facilities and materials will be needed to provide services? The North Branch needs additional librarians and support staff to meet current service demands. Additional Comments: The North Branch is located in the service area of the proposed annexation. Already understaffed, the proposed annexation will further impact current service levels. Eva Poole, Director of Libraries November 21, 2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 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. NIA Personnel. NIA 4. What is the typical revenue collected per: Household. Based on refuse cart selected. Commercial Business Based on level of service selected. Contact Customer Service, 940-349-8787, for service level and cost information. 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? NIA 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: A. Scott Lebsack Person to contact if there are questions 1113106 Date SERVICE ANALYSIS A06-0005 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? The nearest DME main line is on the north side of Loop 288. 2. What type of lines and facilities would be required to serve this area? Extensive expansions of DME facilities would be required to provide electric service to a development of this size. 3. Are any new lines or facilities proposed for construction to serve this area? No new lines or facilities are proposed at this time. 4. Are there any potential responsibilities if this area is annexed? No 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NIA 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: DME will provide electric service to land where DME has electric certification. Electric service will be provided per Denton Municipal Electric's Service Standards. Bill Bunselmever (940) 349-7328 September 21,2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. 36 inch Location of water line. North side of Loop 288 west of Locust St- Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. 18 inch Location of sewer line. On Nicosia Street south of Loop 288 Distance from proposed annexation. 1500 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. Water lines: Size Year 4. 5. Location Line extension requirements and lines sizes will be determined during the preliminary platting phase of the project. Sewer lines: Size 36 inch Year Construction of sewer line will coincide with the development of Hills of Denton property. Location The sewer line will begin at the Hills of Denton property and travel east along the MilamlClear Creek to the future proposed City of Denton Clear Creek WaterBeclamation Plant. Are there any City of Denton lines included in the proposed annexation? No. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? 6- Is there an accepted equipment to population ratio that can be used for planning purposes? 6- Is there an accepted employee to population ratio that can be used for planning purposes? 6- Additional Comments: waterlsewer service to the proposed development is currently under development and negotiation. This agreement upon approval by the City Council will dictate the responsibilities of the City and the Developer of Hills of Denton to provide wastewater and waterservice to the proposed development. P. S. Arora, Assistant Director 1112412006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 Engineering 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 Type 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 begin. 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). No specific drainage improvements that require local funding are identified. After annexation drainage improvements and developmentalong flood hazard areas will be subiectto the requirements of City Code Chapter 30 Flood Prevention and Protection and Chapter 35 the Development Code for the City of Denton. The property drains predominately into the watershed of Milam Creek upstream from its crossing with Locust Street (FM 2164). Property development will create increased runoff into Milam Creek, and either onsite regional storm water detention facilities or downstream channel and bridge improvements at FM 2164 will be required as the property develops and will be developer funded. The eastern corner of the southern annexation tract drains to Loop 288 into the Cooper Creek watershed. As this area develops, the existing capacity of the existing Loop 288 culvert could be exceeded, and the developer may have to provide either onsite detention or downstream channel and culvert improvements to prevent adverse impacts to downstream properties. Milam Creek and its tributary streams are identified as Zone A special flood hazard areas on the flood insurance rate maps for Denton County. Base flood elevations have not been determined for these Zone A areas. Therefore, as the properties which contain these flood hazard areas are subdivided (platted), hydrologic and hydraulic engineerinq studies will be required to determine the base flood elevations and building pad elevations for development adiacent to these areas. Because the City does not issue building permits for any properties within a special flood hazard area (100-year floodplain) FEMA Letters of Map Revision will be required to determine the base flood elevations and revise the flood insurance rate maps prior to the City issuing any Building Permits adjacent to a flood hazard area. These engineerinq studies and Map Revisions are triggered by developmentand will be funded by the developers subdividing the properties. 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? NIA 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: Recently passed mobility plan amendments should form basis for transportation infrastructure. TIA required by developershould provide necessary additional roadway infill Bud Vokoun, Senior Engineer Ed Witkowski, Senior Engineer 1110612006 11 /2112006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0005 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? No - Current DISD facilities and staff levels will not service the student population resulting from the Hills of Denton anticipated 6,898 single-family and 2200 multi-family units. 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? Elementary Middle High Total Student Yield (.75 =SIF .20=MIF) 2993 1348 1274 5615 Population Campus Requirements 4 1 1 6 Staffing 260 110 200 570 4. Estimate additional funding needed strictly based on proposed annexation and development. New Facilities Staffing Salary Elementary $4.8 Million $4.8 Million Middle $30 Million $2.4 Million High $75 Million $3.6 Million Tota I $153 Million $10.8 Million 5. Will projected school taxes from this development provide that additional funding? To be determined. 6. Please comment on the cumulative impact of annexation and development. This proposed annexation will provide city services to DISD facility. This will require DISD to pass additional school bond program to finance construction of new facilities. 7. At what population level would other school facilities be required for the City of Denton? New facilities are designed to accommodate the following: Elementary - 650- 700 students Middle School - 900-1000 students High School - 1800-2000 students 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Elementary - 22 students per teacher Middle School - 28 students per teacher High School - 28 students per teacher Additional Comments: Gene Holloway (940) 369-0097 Director of Planning, DISD Person to contact if there are questions 11130106 Date EXHIBIT 2 CITY OF DENTON ANNEXATION PLAN FOR A06-0005 -Hills of Denton I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 1199 acres generally located to the north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. 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)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The city shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure 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, 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. 1 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 regu atlons. 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 City Ordinance requires Solid 2 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. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for 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. 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. 3 Landfill Service V. 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. Water/WastewaterFaci1ities 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. Water service is available from a 36 inch water transmission pipeline located along the north side of Loop 288. The Developer will be required to extend water service from this main to serve the property. Line extension requirements and lines sizes will be determined during the preliminary platting phase of the project. Due to the size of this proj ect, a water distribution system model will be required as a part of the preliminary plat application process. The City will require a developer agreement for extension of water utilities to service this development. A new sewer line to serve the proposed development will be required (see Exhibit "B"). The City will 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 will 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. 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 4 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 proj ected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, 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. Anew sewer line and pump station construction will be required to serve the development (see Exhibit "B"). The construction of the proposed sewer system will be governed by a water/sewer use agreement currently under development and negotiation with the property owner. Thus, no construction of public improvements except sewer is contemplated as a result of this annexation that would begin within two and a half (2 1/2) 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 i r ' ~ I~ ~~ ~r __ ~ ~ ~ _ - I - • _ , 1 ~~ 1 ' ~ ~ _ F l r. _ ~ ' r • s ~ L :- - - 4 ~ ~ 1 - ~ ' ' f I d ~ ~ I { F ~ ~ I i - - , i i ' ~ V + ¢ ' I 1^ I r ~ ~ , 4 j "ti P ~ - ,~ ~ - _ - ~. ~, ~' ~ ~, ~ - t , l i~ # ~ ~' i ~' _ , ~, s - .. r ~~ --} , ~ j ~ ; r _ ~ ~ 1 r k r ' - r + ' ff ,~ _ _ +~ ~ ~ ~ & ~r i ~' f - i jj d - ~ - - ~' `~ I ,k -I - ~ I r - - i r f ~ + i _ ~ ~ _. - _ ~~ ' _J - ~ ~r~r i i ~ } ~ -- l I _ _ ' L _ o- _ _ ' r .~~~ o r 6 EXHIBIT 3 Location Map Legend City Limits ~ Annexation Site 0 Entire Development Site EXHIBIT 4 Notification Map MILAM w t~ 0 OB 500 Feet Notification H N 200 Feet Notification V O J CHIN w a m w z z O m ~ Q LD~p 288 F Legend City Limits Annexation Site ~ 200 Feet Notification 500 Feet Notification EXHIBIT 5 Proposed Annexation Schedule Hills of Denton Annexation Notices of Intent to Annex (30 day prior to 1st PH) will be send on November 10, 2006. Wednesday, 12/6/2006 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the proposed annexation. Tuesday, 12/12/2006 City Council conducts first public hearing. (SC Work/ Regular Session) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. Tuesday, 12/19/2006 City Council conducts second public hearing. (SC Work/ Regular Session) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, 1 /9/2007 City Council by afour-fifths vote institutes annexation proceedings. (SC Work/ Regular Session) 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, 1 / 14/2007 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 2/20/2007 City Council by afour-fifths vote takes final action. Second reading and adoption of the annexation ordinance. • 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 February 14, 2007 and April 9, 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 (1st Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. CITY OF DENTON, TEXAS CITY HALL UVEST ~ DENTON, TEXAS 76201 ~ 940.349.8541 ~ (F) 940.349.7707 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT - 6 ITEMS.TXT PROCEEDINGS COMMISSIONER STRANGE: We'll next move to our public hearings. The first item will be Item No. 5A, which is a voluntary annexation and service plan for approximately 1,199 acres located at the northern -- northwestern area of the City of Denton Extraterritorial jurisdiction, north of Loop 288, west of Locust Street, south of Mylam Road and east of Bonnie Brae. Ms. Chewle. MS. CHEWLE: Okay. I don't think we're going to have a presentation either. The applicant Tomlin Investment from Addison, Texas has applied for a voluntary annexation for approximately 1,199 acres of land consisting of three tracts into the corporate city limits of the City of Denton. The property to be annexed is generally located in the north -- northwestern area of the City of Denton's ET7, north of Loop 288 west of Locust Street, south of Milam Road and east of Bonnie Brae. Denton 288 LP has assembled 2,120 acres of land. If annexation is approved, the applicant proposes to rezone this property to allow for mixed use development. The subject site is currently undeveloped. Access to the property is from Locust Street, Loop 288 and Bonnie Brae. On October 3rd, 2006, City Council directed staff to proceed with this annexation. On November 10th, Page 1 ITEMS.TXT communities. our office is in Addison, Texas. we're purely a local firm based in Texas. All of our projects are in North Texas. we are currently working on other master plan communities in the DFw area. our most recently constructed project is Lone Star Ranch in Frisco, Texas and this project is our vision for this project as well. Again, I have some slides which we'll save for another time. we pride ourselves on our research and awareness of growth areas in the DFw metroplex. we really have confidence in Denton and the Denton market and particularly this part of town. we have a multi-village concept for this project as a Master Plan Community, a multi-village concept with a wide range of housing types. Our projects are typically very highly amenitized with large multi-use amenity centers, large greenbelt and open spaces, hike and bike trails throughout, pedestrian friendly access throughout, a village park and playground areas throughout and multiple lake and water features. we highly regulate our Architectural Landscape and Development Code to ensure the quality and lasting quality of our developments. This project will also in addition to a significant amount of residential development also have some commercial and office use along the thoroughfares and in conjunction with the uNT campus Page 3 ITEMS.TXT 1 the City issued a letter of intent to the subject property 2 owners. The Comprehensive Plan identifies this area to be 3 within Neighborhood Centers Land use Designation. Staff 4 recommends that the annexation proceed on schedule. That 5 will be all. Do you have any questions? 6 COMMISSIONER STRANGE: Anyone have any 7 questions of staff? 8 MS. CHEWLE: Oh, we did receive a -- we 9 mailed out the notification. we did receive one 10 notification in the plat as neutral to the request. 11 COMMISSIONER STRANGE: okay. All right. 12 Is the applicant here and do they wish to speak? 13 MR. ZIELKE: Chairman and Commissioners, my 14 name is Rod zielke with Tomlin Investments. I had a 15 little Powerpoint demonstration I was going to put on just 16 to familiarize the Commission and the audience with our 17 firm and our plan for the property. I know we'll be up 18 here many times so I don't want to take a lot of time, but 19 I thought I'd flip through these -- being as how that's 20 not working, I was wondering if the overhead projector 21 might work. It doesn't look like that works either. 22 Let me just tell you a little bit about our 23 firm and just real briefly what our plans are for the 24 property. Tomlin Investments is a real estate development 25 company with particular focus on high quality master plan Page 2 ITEMS.TXT 1 across 288 from us. 2 with that, again, I had some other exhibits 3 here I was going to show you, but without the visual aide, 4 I don't think it works too well. So that's an 5 introduction and look forward to working with the 6 Commission and the Council as we progress through the 7 stages of the project. Thank you very much. 8 COMMISSIONER STRANGE: Anyone have any 9 questions of Mr. zielke? I can't see if you've registered 10 up here so I'll just have to look tonight and see if 11 anybody has any questions. No questions. Thank you very 12 much. 13 we only had one card on this item, and that 14 was Mr. zielke, and he has already spoken. Is there 15 anyone here that wished to speak on this item? I will 16 point out for those of you not familiar with our process, 17 if you are here tonight and wish to speak on any item 18 that's on the public hearing agenda, you need to fill out 19 a yellow card which you'll find outside the door, indicate 20 on it the item that you wish to speak to and turn it in 21 down front, and then at the appropriate time, we will call 22 your name and you'll have the opportunity to come forward 23 and speak. 24 so we have no other speakers, we will close 25 the public hearing, do we have a motion on this item? Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ITEMS.TXT COMMISSIONER WATKINS: Mr. Chairman, I asked the staff about the service analysis, it's not -- under water and waste water, it's not -- what is the nearest City of Denton water line? There's nothing listed for that. But on Page 4 under B, water and waste water facilities, it indicates that there is water lines all around this annexation. would it be possible for us to fix that here by simply penciling in yes and so when it goes ahead to Council there won't be a flaw? MR. LOCKLEY: Yes, sir. We will make that change to the service analysis and correct on there that there is water, existing facilities surrounding the site. COMMISSIONER WATKINS: Very good. Thank you. COMMISSIONER STRANGE: Any comments? COMMISSIONER THIBODEAUX: Just a little bit. I also -- I had a little sticky note about that service area analysis. I read that it was all -- that there was no more services needed for this development, that everything was in place. And I just -- it's a fairly large area the way I think about it, and I just wanted some confirmation from them that that was an accurate statement. MR. LOCKLEY: Yes. There are facilities in Page 5 ITEMS.TXT 25 place right now to serve that development. 1 COMMISSIONER STRANGE: Any other questions ITEMS.TXT 2 or any other comments? Do we have a motion on this item? 22 3 COMMISSIONER THOMAS: I so move. 23 4 COMMISSIONER STRANGE: We have a motion by 24 5 Mr. Thomas. Do we have a second? 25 6 COMMISSIONER THIBODEAUX: Second. 7 COMMISSIONER STRANGE: We have a second by 8 Dr. Thibodeaux. Any discussion? If not, please vote. 9 Again, we have to vote by raising your right hand. And 10 the vote passes 7-0. 11 12 13 14 15 16 17 18 19 20 21 22 Page 6 25 S.IOur Documentsl~rdinances1~71A~6-~0~5.d~c ORDINANCE NG. EXHIBIT 7 AN ORDINANCE ~F THE ~~Y OF DENTGN, TEAS, ANNEXING? APPRDIMATELY 1,I99 ACRES GF LAND CONTIGUOUS AND ADJACENT TG THE CITY GF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY GF DENTON' EXTRATERRITGRIAL JURISDICTION ~ETJ}; GENERALLY NORTH OF LGOP 258, WEST' ~F LGC[JST STREET '.NI. 21 ~4}, SOUTH ~F 1VIILA ROAD AND EAST ~F BONNfE BRAE S'~REET, LEGALLY DESCRIBED AS A PART OF A 57~.~981 ACRE TRACT OF LAND SITUATED IN THE J.A. BURNS SURREY, ABSTRACT N~. 130, THE T. POLL SURVEY, ABSTRACT NG. X99, THE ~. GAILDR SURVEY, ABSTRACT NO. . 452, THE J. TE,ART SURVEY, ABSTRACT ND. ~ 1 ~, THE F.1VICETTRJCK SUR'~EYy ABSTRACT NO. 54~, AND THE E. PRITCHETT SU~R~EY, ABSTRACT NO. 1~~5; A 14.141 S ACRE TRACT OF LAND SITUATED IN THE . IViAY SURVEY, ABSTRACT NO.5~7; A 173.G3~ ACRE TRACT OF LAND SITUATED IN THE J. COLLARD SURVEY, ABSTRACT NG. 287 AND THE A. WHITE SURVEY, ABSTRAC'~ ND. 14a~, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A EVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Pursuant to Section 4~.Q 1 of the Texas Local Government Code, homy rule cities are authorised to annex areas that are not required to be in an annexation plan; and WHEREAS, on ar about December ., 2~4~, the Planm.ing and ~oning ~nlmissron recommended appro~'al of the annexation of the property legally described in Exhibit "A" attached and fully incorpora#ed herein the "Property"}; and '; WHEREAS, the City Council finds that the Property contains fewer than 1 ~~ separate tracts of land on which ane or mare residential durellings axe located on each tract; and WHEREAS, this annexation is voluntary and is being made under Subchapter -1 of Chapter 43 of the Texas Local Government Code; and VL~HEREAS, the City ~auncil finds that all required notices were given in the time and manner required by law; and WHEREAS, public heanngs before the ~~~ Council were held In the OU.nCII hanlberS on December 12, ~~~~, and December 1 ~, 2~~~, {both days being on or after the 2~th day but before the 4th day of the date of the institution of the proceedings} to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted far the property described herein by : the introduction of this ordinance at a meeting of the City Council January 9, 2007; and wHEREA, this ordinance has been published in full one time in the official newspaper of the City of Dentan on January 14, ~0~7, aver annexation proceedings were instituted and 3~ days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council fends that the annexation well allow the city to ensure development cansistnt with The Dentan Plan; New, THEREFORE, THE CDI~NCIL ~~ THE CITY ~F DENTIN HEREBY ORDAINS: SECTION 1 ~ The Endings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Property is hereby annexed to the City of Dentan, Texas. SECTION ~. The service plan, a cagy of which is attached hereto and made a part hereof by reference as Exhibit "B" the "Service Plan"}, which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan way made available far public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. SECTION 4. Should any part of this ordinance be held illegal for any reasar~, the balding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Dentan all portions of the Property Iawlly annexed regardless of whether any other part of the Property is declared riot to be lawfully annexed into the City. If any part of the Property is already included within the city Ii~nits of the C1ty Df Dentan or w~thln the 11n~1ts Of any other city, town ar village, or 1s rl4t wlthfn the Clty ~f Dentan} jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION 5: This ordinance shall became effective immediately upon Its passage and approval. t PASSED AND APPROVED this the ~ day of , 20a7, PERRY R~ ~VIcNEII1L, MAYOR FATTEST: ,TENNIFER wAI1TER, CITY SECRETARY BY: APPR~~ED ~ T~ L~A.I~ FRAM EDWIN 1VI. N'DER, ~'~Y A~'T~RNY _~,.~~ 3.~.~ ,,.. ?~ r EXHIBIT - A ~~~~~ ~ BEING an 879.3981 acre tract of land situated in the ,l.A. Burns Survey, Abstract NoF ~3D, the T, Polk Survey, Abstract Na. 999, the V. bailor Survey, Abstract No, 452, the ~. Stewart Survey, Abstract Na.1 ~ 59, the ~. Mcl~ettrick Survey, Abstract No. 845, and the E~ Pritchett Survey, Abstract No. ~ 025, Denton County, Texas, said 879,3981 acre tract being comprised of and containing: part of three tracts described to DENTIN 288, L.P. by Special warranty Deeds retarded as Instrument No's. 2005-21489, 2005-t 2204, and 204G-~ 2208, official Records of Denton County, Texas; all of two tracts described to DENTIN 288, L.P. by Special warranty Deeds recorded as Instrument No's. 2006-87979 and 2008-31 ~, official Retards of Denton County, Texast alI of that certain tract described to Richard Tedrow and wife by vVarranty Deed recorded in Volume ~ 154, Page 836, Deed Records, Denton County, Texas; all of that certain tract described to Richard Clair Tedrow by Special vl~arranty Deed retarded in Volume 1928, Page 761, Decd Retards, Denton County, Texas; and all of that certain tract described to James Tedrow, Trustee by Deed Of lifts recorded in Vo1.1978, Pg.19G, Va1,1918, Pg. 199, Vo1.1918, Pg. 802, Vol. X918, Pg, 848, Vo1.1194, Pg. 121, Vol.1794, Pg. 129, Vo1.1194, Pg.131, Vo1.1194, Pg. 133, Deed Retards, Denton CQUnty, Texas, said 819,3981 acre tract being more particularly described as follows: ~MM~~fN at capped 5~8" iron rod marked "CARTER BURGESS" found in the west line of i=.M. 2154, a# the northeast corner o~ said 2408-21489 tract, aisa the southeast corner of that certain tract described to Rachel Trietsch Bartel by deed recorded in Volume 2508, Page 661, Deed Records, Denton County, Texas; THENCE N 89° 82'13" l~l# departing the west line of said E.I~II.21 ~4 and along the north line of said 240521489 tract, also the south Iine of said Bartel tract, a distance of 455.12 feet to the P~IN~' ~~ I3El~Vl~f1~ of the here'r n described tract; THENCE S 00°50'23" E departing the said common Iine, 500.99 feet west of and parallel to the centerline of said ~.. 2164, a distance of ~ 010.04 feet to the north Iine of that certain tract described to North Texas State University by deed recorded in Volume 642, Page 569, Deed Records, Denton County, Texas; THENCE along the north Iine of said University tract, the fallowing: N 89°02'l" w a distance of ~ 04.32 feet to a brass disk narked "Prop Car" found far corner; N 99°50'41" lIV a distance of 1997 feet to a brass disk marked "Prop Cor"found for corner; N 8900'42" w a distance cf 1189.82 feet to a brass disk marked "Prop Corn found far earner at the no rthwet career of said University tract; THENCE 00°49'51" E along the west Iine of said University tract, a distance of 559.85 feet to a brass disk marked "Prop Car" found far earner at the southwest earner of said University tract, in the north I ine of the aforementioned 2006-12208 tract; THENCE S 89°98'18" E along the south Iine of said University tract, a distance of X294.18 feet; THENCE 00°50'23" E departing the south line of said University tract, 5Q0.00 feet west of and parallel to the centerline of said F.M. ~~ 64, a distance of 4857148 feet to the earth line of that certain tract described to Kenneth Nelson by deed recorded under County Clerk File lVo. 95~R0908942, Real Property Records, Denton County, Texas; THENCE N 89°58'S~" 1N along the earth line of said Nelson tract, a distance of ,~ ~ feet to the northwest corner of said Nelson tract; THENCE 00°07'1" E slang the west line of said Nelson tract, a distance of 815.95 feet to the north line of that certain called 748.983 acre tract described to DENTIN 288, L.P. by special 1{1larranty Deed recorded as Instrument No. 2006~12~24, official Records of Denton County, Texas; THENCE slang the north line of said ?'48.983 acre tract the following: N 89°55'31" VV a distance of 41fi.95 feet; N 9D°06'38" VII a distance of 120 .42 feet; N 89°50'1 ~" VU a distance of 1482,3 feet; N S8°52'54" w a distance of ~ 350.02 feet to the southeast corner of that certain tract described to Peppier by deed recorded in Volume 4218, Page 2GG9; THENCE N 00°2'12" E along the east Tine of said Peppier tract, a distance of 568.'18 feet to a 314" iron rod found far career at the northeast earner of said Peppler tract; THENDE N 00°04'12" ~ slung the east terminus line of Ch1nn Road, the east lines Qf those certain tracts described to Yeatts by deeds recorded in Volume 521, Page 43 and Volume 584, Page Ofi7, Deed Records, Denton County, Texas, the east line of that certain tract described to hauls by deed recorded in Volume 3101, Page 0150, Deed Records, Denton bounty, Texas, and the east line of that certain tract described to Rancho Vista Development Co. by deed recorded in Volume 2G95, Page 455, Deed Records, Denton bounty, Texas, a distance of 2G49.30 feet to a 518" iron rod found; THENCE N 01°00'33" 1 continuing along the east line of said Rancho Vista tract, a distance of 539.43 feet to a fence pasta THENCE N 02°28'55" V11 continuing along the east Line of said Rancho Vista tract, a distance of 965.89 feet to a 3" rnetal fence corner post at the northeast corner of said Rancho Vista tract; THENCE N 88°54'Q4" 1J1~ along the north line of said Rancho Vista tract, a distance of 191.4 feet to a 3" metal fence corner post at the southeast earner of that certain tract described to Brandenberger by deed recorded in Volume 860, Page 315, Deed Records, Denton County, Texas; THENCE N g0°32'20" E aiong the east line of said Brandenberger tract, a distance of 426.52 feet 3" metal fence corner past at the southwest earner of that certain called SO.DO acre tract described to Perry Nelson Trietsch by deed recorded under County Clerk File IVo. 2D01-R005~ 523, Real P roperty Records, Denton County, Texas; THENCE $9°D~'15" E departing the east #ine of said Brandenberger tract and along the south line of said 80.OO acre tract and the south line of that certain called 99.92 acre tract described to VV~ ~ . Trietsch Family Trust by deed recorded under County Clerk File No. 98-0~ 1292, Real Property Retards, Denton County, Texas, a distance of X838.29 feet to ~ 3,112" metal fence corner past; THENCE continuing along the south line of said 98.92 acre tract the fal#owing: 88°47'~l" E a distance of 245.52 feet to a steel fence corner post; N 03°~5'S2" E a distance of 144.80 feet to a 112" iron rod found for earner; 88°49'43" E a distance of 1522.90 feet to the southeast canner of said 90.92 acre tract; THENCE EV 00°20'44" VII along the east line of said 90.92 acre tree#, a distance of 582.OD feet to a X12" iron red found at a fence career post in the south line of that certain First Tract described to M. Ronnie Trietsch by deed recorded under County Clerk 1=i1e Na. 93~ R00~8820, Rea! Property Records, Denton County, Texas; THENCE 89°02'1 ~" E slang the south Eine of said First Tract, a distance of 2?17.00 feet to the P~l1VT ~~ ~~~~N~INC and containing 38,30G,580 square feet cr X79.3981 acres of land, more or less. ~`RACT ~ BE#NG a ~45.141~ acre tract of land situated in the .M. #ay Survey, Abstract Na. 807, E~entan County, Texas, said 145.418 acre tract being comprised of and containing all of thane three tracts described to DENTDIV 288, L.P. by Special Warranty Deeds retarded as Instrument No's. 2005~5~~~`4, 2008-5777, and 200fi-5930?, official Records of Centon County, Texas, and being more parkicularly described as fallaws: ~~~l~V1V~~~ near the intersection of the middle of Bonnie Brae Street with the middle of Geezer Road, at the northwest corner of said 200G~5~~a7' tract, in the east line of that certain tract described to Rancho Vista Development Company by deed recorded in Volume 2695, Rage 4G5, Deed E~ecar ds, Denton bounty, Texas, THENCE 89°32'32" E along the east line of said Rancho Vista tract, with the middle of Caner Road, a distance of 92.02 feet; THENCE N 00°03'28" l~: continuing along the east line of said rancho Vista tract, with the middle of Geezer Road, a distance of 2G.07 feet to the southwest corner of that certain tract described to Brewer by deed recorded under County Clerk File lVo. 94-R0095~75, Real Property Records, Denton County, Texas; THENCE 89°32'45" E slang the south line of said Brewer tract, the south fine of that certain tract described to Stewart by deed retarded in VaE. 599, Pg. 7, the south line of that certain tract described to Hatridge by deed retarded in Val ~ 599, Pg. 9, the south line of that certain tract described to Roberts by deed recorded in Vol. 3179, Pg. 21, the south line of that certain tract described to Mitchell by deed recorded in Vol. X29, Pg. 633, the south line of that certain tract described to Rae by deed recorded in Val. 529, Pg. 414, and the south line of that certain tract described to Peppier by deed recarded its Vol. 2398, Pg. 7~8, Deed Retards, Denton bounty, Texas, a distance of ~~ 2$.41 feet tc the northwest corner of that certain called X48.983 acre tract described to DENTIN 288, L.P. by petial Warranty Deed recarded as Instrument No.2006-123 24, ~fftial Retards of Denton bounty, Texas ; THENCE departing the south line of said Peppier tract and along the vest lino of said 748.953 acre tract, the fallowing: 00°43'13" VII a distance of 141 ~ .39 feet; SG°29'04" E a distance of 2.90 feet; 00°58'16" V~ a distance of 56.87 feet to a reentrant corner in the west line of paid 748.983 acre tract; THENCE continuing along the west I ine of said 748.983 acre tract the following: N 88°10'37" W a distance of 1089.99 feet; 40°39'51" W a distance of X40.52 feat to the northeast corner of that certain tract described to Ruby Finch by deed recorded in Volur~e 497, Page 547, Deed Retards, Denton bounty, Texas; THENCE departing the west line Qf said 748,983 acre tract and slang the north ling of said Finch tract the following: N 88°09'02" VI{ a distance of 498.78 feet; N 00°55'25" E a distance of ~ 85.30 feet; N 88°29'32" VII passing the northwest line of said Finch tract, also the northeast corner of that certain tract described to Bchertz by deed recorded under County Dlerk File IVo. 02- 98857, Real Property Records, Denton bounty, Texas and continuing, along the north line thereof, a distance of 1541.64 feet to the northwest corner of said chertz tract, near the middle of afaremer~tioned Bonnie Brae street; THENDE slang or near the rr~iddle of said Bonnie B roe Btreet the follovuing: N 01°34'05" E a distance of 932.20 feet; N 01°35'23" E a distance of 1603.38 feet to the ~OfNT OF BR~~~flN and containing 6,322,378 square feet or 145.1418 acres of land, more or less, TRACT 3 BEING a ~ 73.8333 acre tract of land situated in the J. bollard urVey, Abstract Na, X87 and the A. White purvey, Abstract No. 1405, Denton County, Texas, and being all of that certain tract described to HARVARD D.~. PR~PERTIEB, L.L.C. by petial Warranty Deed recorded as instrument No. 200fi-1921, Official Records of Denton County, Texas, and being more particularly described as follows: BEG1NNl~ at the southwest corner of said HARVARD tract, also the northeast corner of that certain tract described to Univeity of l~farth Texas by deed recorded in Volume 49~~, Page 999, Deed Records, Denton County, Texas, on the east side of an asphalt road known as Bonnie Brae street; THENCE N OD°23'94" E wi#h the east s ide of said asphalt road, a distance of ~ 1.70 feet to the southwest corner of that certain called X43.983 acre tract described to DENTIN 288, L.P. by special V1~arranty Deed recorded as Instrument Igo, 2005-12124, official Records of Denton County, Texas; THENCE along the south line of said X48.983 acre tract the following; 88°49'03" E a distance of G85.2 feet; N 7D°01'42" E a C~IStance of ~ 10.83 feet; 89°09'1 ~" E a distance of ~ D92.40 feet; 8~°28'3" E a distance of 896.E 1 feet; 88°22'51" E a distance of 1T33.23 feet to a re-entrant corner in the south line of said X48.983 acre tract; THENCE 01°12'24" a distance of 118G.1 ~ feet to the southwest corner of said 148.9$3 acre trot#, also the northwest career of that certain tailed 112.443 acre tract described to DENTCN 2~St L.P. by special warranty Deed recorded as Instrument No. 2095-55312, ~ffcial Records of Denton County, T exas; THENCE D1°23'53" vU along the west line of said 112.443 acre tract, a distance of fit ~.8~ feet to the northeast earner of the aforementioned University tract THENCE N 88°4'2S" 11V along the north line of said University tract, a distance of 4182.91 feet to the P~~NT F B~GlNNI~I~ and containing 1,553,4G5 square feet ar 113.5333 acres of land, more ~r less. ~~~~~~~' ~~~~~~~~~ 1 The foregoing descriptions are the result of actual on-the-ground surveys made under mfr personal supervision and a con~piiation of the deeds referenced therein. John R. Piburn, Jr. Registered Professional Land purveyor Registration No. 3fiS9 Be~nngs are based ~por~ that certain caged 148.983 acre tract described in Speciat IN~rr~r~ty Deed recorded as rr~str~me,~~ No. 2~~6-~2?44, Qf~ciat Records of Der~tor~ Do~nty, Texas. Location Map MILAM w t~ 0 g 0 v 0 J CHIN w Q m w z z O m ~ Q L~~p 288 F Legend City Limits ~ Annexation Site 0 Entire Development Site EIIBIT - B CITY ~F DENTIN ANNEATI~I~ P~AI~ ~~R AEG-~~~ - ~iii~ ~f Dentin I, AREA ANNE~~D The annexatiop area is located in the southern portion of Denton's Extraterritorial Jurisdiction and captains approximately 1 ~ 99 acres geperally located to the north of Laap 2$S, west of Locust street {F.M. Z 1 ~~}, south of Mi1am Road and east of Bonnie Brae Street. II. INTR~DUCTII~N 'Phis service plan has been prepared in accordance with the Texas Local overn.n~ent Code, Sections ~3.a~~, 43.~b~, and 4~.a~~b}-{a~ {Vernon 1999, as amended}. Municipal facilities and services to the annexed area described above will be provided ar made available ap behalf of the City in accordance with the fallowing plan. The City sha11 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 ip other parts of the city with similar topography, land use, and population density. III. AD'VALQREM ~PROPERTI' OwNER~ TAB S~RVII~ES A, Police Protection, and Animal ~ontroi Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexatlon using existing personnel and equ~prnent. Code enfareernent 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 wi11 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 vv1t111I] the City ~1n11t5. The City of Denton will provide emergency rriedical services ~"EMS"}. . loads and Streets Roads and streets, which have beep properly platted, duly dedicated, and accepted by the City of Denton andlar Denton County shall be maintained by the City of Denton an the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic captral devices will be maintained by the .City of Denton on the effective date of the anlle~atl~n. D, Parks and ~tecreation 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 fac~l~ties are within reasonably close distance of the proposed annexation area. residents of the proposed annexation area gill be able to use existing City of Dentan park and recreation facilities and programs. Y~. ~. Li~r~r~ erV1C~S Library services will be made available an the effective date of the annexation an the same basis and at the same level as similar library facilities are maintained throughout the city. F, Building Inspections and Consumer Heal#h services Building inspections and consumer health services will be rrrade 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 ~ "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. . Planning and Development services Planning and develapnaent 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 Cade, cancen~ing subdivision and land development regulations. City Council adopted The Dentan 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 organ~~ing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplins as environmental and open space corridors. The Denton Plan will be used as a basis far final zoning classifications after the properties are annexed. UTILITY ~RATEPAY~R~ER~ICE A, solid V~aste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The City Ordinance requires valid waste services far all residences and carnercial businesses Located in the City, The Clty ~f f7enton Sa11d Waste Department ~s 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 ne~r~y annexed property immediately upon the effective date of the annexation. Ta recelve soled waste callectian servlce, the Customer rnust contact the City of Denton Customer service Office, 94a-349-57$7, and submit a ~equestlappliction for service. Commercial customers are required to complete and submit a Service Agreement to Solid waste Customer Servlce pr~ar to recelving servl~e, R~Sld~ntl~~ Salld waste services Each residential address will be provided a wheeled refuse cart, which will ~!~ s~rvl~ed one tlme per week. Residents are required to place theix refuse carts} at the curb prior to ?:Oa a.m. an their collection day, Carts should be placed at the curb for collection na earlier than :Oa p,. the evening prior to their callectian day. Carts are to be removed from the curb no later than ~:aa .m. an the day fallowing their collection day. All refuse placed in the cart far callectian ~nu~st 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. Addltlarlal carts may ~~ provlded for an addltlanal monthly charge. weekly yard waste service is provided, weekly bulky item callectian service is provided, weekly curbside recycling services are provided by Trinity waste services. Contact Trinity at 1-SOa-7~G-178 to obtain curbside recycling information. each residential customer's refuse cart service, curbside recycling service, bulky item callectian service, and yard waste service will occur an l4landay of each week. Please telephone Customer Service, ~4~-349$757, to answer any remaining questions, and sign up far service. Commercial Refuse Service Each commercial business will be provided with a commercial cantainer~s}, which are available in a variety of sizes and frequencies of callectian, based an 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 7:40 a.in. to 4:~~ p.m. Monday through p`riday; and 7;44 a.n~. to 12.44 p.m. on Saturdays, Far information regarding disposal charges, call the Landfill Office at 944-349-7514. B. waterlwstewater Facilities 1Viaintenance of water and wastewater facilities in the area to be annexed that are not within the service area. of another water ar wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. water service is available frarn a d inch water transmission pipeline located along the north side of Eoop 258. The Developer will be required to extend water service from this main to serve the property. Line extension requirements and lines sizes will be determined during the preliminary platting phase of the project. Due to the size of this project, a water distribution system rnade~ will be required as a part of the preliminary plat application process. The City will require a developer agreement far extension of water utilities to service this develaprrient. A new sewer line to serve the proposed development will be required see Exhibit "B"}. The City will provide a level of v~vater 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 tapagraphy~ land use, and population density similar to those reasonably contemplated ar projected in the area. ~. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City wi11 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. ~]. 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 an 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 far this site. ~. ~TH~R SERVICES Other services that may be provided by the City, such as municipal and general adrninistratian will be made available an the effective date of the annexation. The City shall provide a level of services, infrastructure, and 4 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 thane reasonably contemplated or pro j e~ted in the area. ~Y, I~APITAL IMPRUV~MENT PROGRAM ~I;IP} No r~ew construction of additional water, 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 ~vil1 have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. ~ new sewer line and pump station construction will be required to serve the develaprnent see Exhibit "E"~. The construction of the proposed sewer system will be governed by a waterlsewer use agreement currently under development and negotiation with the property owner. Thus, no construction of public improvements except sewer is contemplated as a result of this annexation that would begin within two and half ~~ 'I~} years after the effective date of the annexation. The City shall consider construction of other public improverrrents 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, UN~~GRM LEVEE GF ERVIE 1VIA'Y NGT 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 cuff icient basis far providing different levels of service. VIII. T~ This service plan shall be valid for a term often X10} years, Renewal of the service plan shall be at the discretion of City Council. I~. A~I~ENDMENT The service plan inay 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,~~ ~Ven~on Cupp. 200}. AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT A06-0003 (Robson Ranch Retail) Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 23.84 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) at northwest corner of I-35W and Robson Ranch Road. The parcel is legally described as a tract of land situated in the E. Pizano Survey Abstract No. 994, Denton Texas and being a part of tract of land described in a deed to Robson/I-35W Investors, Inc. as recorded in County Clerk File No. 02-63784. The Planning and Zoning Commission recommends the annexation proceed as presented (7-0). BACKGROUND Applicant: Winkelmann & Associates, Inc. Dallas, TX A voluntary annexation proceeding is being considered by the City of Denton for the Robson Ranch Retail property and associated right-of way. The ownership of the property is Robson/I- 35WInvestors, Inc. The subject property is currently vacant (see Exhibit 1). The following items summarize the proposed annexation and important actions taken: ^ On February 13, 2007, City Council held the first reading of the Ordinance. ^ On January 23, 2007, City Council held the second of two public hearings. ^ On January 10, 2007, Planning and Zoning Commission held a public hearing regarding the proposed annexation and zoning change. ^ On January 9, 2007, City Council held the first of two public hearings. ^ On October 10, 2006, City Council directed staff to pursue voluntary annexation proceedings for the subject site. ^ The entire area proposed for annexation is located within City of Denton's Extra- territorial Jurisdiction (ETJ). ^ The Comprehensive Plan identifies this area to be within a Regional Mixed Use Centers land use designation. ^ The annexation is scheduled for completion on April 3, 2007 (see Exhibit 2). 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 subject 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 un-platted; any subdivision or reconfiguration of the property 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 The Planning and Zoning Commission recommends the annexation proceed as presented. PRIOR ACTION January 9, 2007 January 10, 2007 January 23, 2007 February 13, 2007 February 25, 2007 /REVIEW (Council, Boards, Commissions First City Council Public Hearing Planning and Zoning Public Hearing Second City Council Public Hearing 1st reading of the Ordinance Ordinance publication 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. The proposed annexation area will add additional tax base to the city. F,X~TTRTTC 1. Location Map 2. Annexation Summary Schedule 3. Service Plan 4. Service Area Analysis 5. Notification Map 6. Planning & Zoning Commission Minutes 1-10-07 7. Ordinance Respectfully submitted: ,~ .. ,.. tk.. ~If~ I~' r. I ~ ~~ i ~,~ Brian Lockley, AICP Interim Director of Planning and Development Prepared by: r Ron Menguita Planner III EXHIBIT 1 Location Map v ~~~ EXHIBIT 2 ANNEXATION SUMMARY SCHEDULE A06-0003 -Robson Ranch Retail Notices to Intent to Annex (30 day prior to lst PH) will be sent on December 8, 2006. Tuesday, l/9/07 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ^ Annexation Study prepared and available for public review. ^ Service Plan prepared and available for public review. Tuesday, l/23/07 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. Wednesday, //10/07 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the ro osed annexation. Tuesday, 2/13/07 City Council by afour-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, 2/25/07 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 4/3/07 City Council by afour-fifths vote takes final action. Second readin 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 March 28, 2007 and May 14, 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 (1St Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A06-0003 -Robson Ranch Retail I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 23.84 acre generally located at the northwest corner of I 35W and Robson Ranch 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)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The city shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure 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, 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 5 minutes from future Station #7. 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. 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 regu atlons. 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 Regional Mixed Use 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 t e properties are annexe . 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. City Ordinance requires Solid Waste services for all residences and commercial businesses located within the Clty 11m1tS. 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. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit arequest/application for 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 the same day of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. 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. Water/WastewaterFaci1ities The City will need a waterline easement on this property in the near future to service this site. The City will 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 m t e area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will 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. 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 proj ected 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. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 1/2) 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 oftopography, 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). EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail The Planning and Development Department has received a request for annexation of approximately 23.84 acre parcel is generally located at the northwest corner of 135W and Robson Ranch Road. Size: 23.84 acre Location: Northwest corner of 135W and Robson Ranch Road Proposed use: Retail Development Proposed zoning: Regional Center Residential 1 (RCR-1) The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. 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 equipmentlfacilities necessary to provide an adequate level of service to the proposed area; and • cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads. This property is Northwest corner of 135W and Robson Ranch Road. The Mobility Plan designates Robson Ranch Road as a Secondary Major Arterial. Future Land Uses. The proposed annexation area is within the Regional Mixed Use Centers land use designation. Existing land uses: The subject property is currently undeveloped. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property contains ESA -Upland Habitat and Riparian Buffers. This property contains a small portion of 100-year floodplain. Proximity to other service providers: This property is along the southern border of the City of Denton. Based on the current data, there is no sewer line or waterline in close proximity to the subject property. Water and sewer is provided to residential developments further west and east of the subject property. 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 Ron Menguita in the Planning and Development Department by December 1, 2006, and call 349-8328 if there are any q uestions. ' Y - ~ t• F ~ ~~y r~ 4 i :.,, {i r~'~c t sn SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 3, located at 1204 McCormick Street, and Future Fire Station #7 located at 4201 Vintage Blvd. 2. Estimated response time. 5 minutes from Station #7 3. Appropriate response time in the City. 3 5 minutes 4. Is a new fire station approved in the CIP that could serve this area? Yes If yes, what is the C I P prog ram year? 2006 - 2007 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? No 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. NIA 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? NIA Is there an accepted facility/equipment to population ratio that can be used for planning purposes? NIA Is there an accepted firefighter to population ratio that can be used for planning purposes? NIA Additional Comments: Fire Station #7 is currently under construction and will be ready to serve this area in early 2007. Fire Station #3 currently serves this district with a response time of 8-10 minutes. Rick Jones Person to contact if there are questions December 29, 2006 Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail 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 property to the proposed annexation area is the Robson Ranch Open Space, 3 miles, Vintage Open Park, 3.36 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 indicate a need fora Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre. Community Parks: 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 Planning and Development November 14, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS Police A06-0003 -Robson Ranch Retail 1. Estimated average response time for this area based on current department conditions: Priority Eleven (11) minutes Non-priority Fort 40 minutes Average Twenty-Five (25) minutes 2. Appropriate average response time in the city based on current department conditions: Priority Eleven (11) minutes Non-priority Thirty-Seven (37) minutes Average Twenty-Three (23) minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? N0. 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? Is there an accepted facility/equipment to population ratio that can be used for planning purposes? Is there an accepted officer to population ratio that can be used for planning purposes? The generally excepted ratio for police departments our size is 1.8 officers11000 population. However, we are currently operating at approx.1.4 officers11000 population. Additional Comments: Lee Creamer, Lt. Person to contact if there are questions November 15, 2006 Date SERVICE AREA ANALYSIS LiLi-Y A06-0003 -Robson Ranch Retail 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. Since this site is not planned for residential development, the annexation and development will not have any negative impact on Library services. 3. At what population level would another libraryfacility 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. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? NIA Additional Comments: The Denton Public Library and its three branch locations already service this area. Eva Poole, Director of Libraries Person to contact if there are questions November 30, 2006 Date SERVICE AREA ANALYSIS Cnl ir~l 1Al~efn 1. 2. 3. 4. 5. 6. 7. A06-0003 -Robson Ranch Retail Is residential solid waste service available to the proposed area for annexation? Yes Is commercial solid waste service available to the proposed area for annexation? Yes What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. NA -Incremental cost Personnel. NA -Incremental cost What is the typical revenue collected per: Household. Varies by service level Commercial Business Varies by service level Contact Customer Service, 940-349-8787, and speak with a service representative to discuss service levels and rates. Will additional equipment be needed to serve this area if annexed or developed? No Type of Equipment. NA Cost of Equipment. NA Will additional employees be needed to serve this area if annexed or developed? No Type of Employees. NA Number of Employees. NA Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA 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: Service can be provided immediately upon annexation. Contact Customer Service, 940- 349-8787, to initiate service. Scott Lebsack Person to contact if there are questions November 16, 2006 Date SERVICE AREA ANALYSIS Electric Utilities A06-0003 -Robson Ranch Retail 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME has facilities at the City of Denton Southwest Pump Station on John Payne Road. The distance to the pump station is 6,000-foot. 2. What type of lines and facilities would be required to serve this area? DME would have to construct main line some of which would have to be underground. 3. Are any new lines or facilities proposed for construction to serve this area? None are planned at this time. 4. Are there any potential responsibilities if this area is annexed? Lighting of public streets. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA Is there an accepted equipment to population ratio that can be used for planning purposes? NA Is there an accepted employee to population ratio that can be used for planning purposes? NA Additional Comments: Electric service will be per Denton Municipal electric Service Standards. Don McLaughlin Person to contact if there are questions December 18, 2006 Date SERVICE AREA ANALYSIS WaterlWastewater A06-0003 -Robson Ranch Retail 1. What is the nearest City of Denton water line? Size of water line. Location of water line. Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. Location of sewer line. Distance from proposed annexation. 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 Sewer lines 4. Are there any City of Denton lines included in the proposed annexation? 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 City will need a waterline easement on this property in the near future to service this site. Tim Fisher Person to contact if there are questions November 14, 2006 Date SERVICE AREA ANALYSIS Engineering and Transportation A06-0003 -Robson Ranch Retail 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 Type of Improvement to be determined by TIA Approximate Cost unknown until TIA Robson Ranch Rd 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 begin. 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? NIA Is there an accepted equipment to population ratio that can be used for planning purposes? NIA Is there an accepted employee to population ratio that can be used for planning purposes? NIA Additional Comments: Robson Ranch Rd, in this area, appears to be a county street. If so, coordination with the County will be required for the connection of any driveway and any improvements to Robson Ranch Rd. This parcel, as presented, is landlocked and without any public street access. No public street is scheduled for construction by the City so as to service this parcel. If the property to the south is of the same ownership, through which access would be obtained, the amount of frontage along Robson Ranch Rd may not provide adequate accesslservice. A comprehensive study of this situation will need to be detailed in the TIA. Bud Vokoun Person to contact if there are questions November 15, 2006 Date SERVICE AREA ANALYSIS A06-0003 -Robson Ranch Retail Denton Independent School District 1. Education services are currently provided by: Denton ISD-Current school zoning for area: Elementary- Borman, Middle School -Calhoun, High School -Denton 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? NlA 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? NIA 4. Estimate additional funding needed strictly based on proposed annexation and development. NIA 5. Will projected school taxes from this development provide that additional funding? NIA 6. Please comment on the cumulative impact of annexation and development. No additional students may result from eitherthe annexation or proposed commercial zoning. The financial impact on DISD should be positive, in the form of additional property taxes generated by the future commercial development 7. At what population level would other school facilities be required for the City of Denton? NIA 8. Is there an acceptable employee to population ratio that can be used for planning purposes? NIA Additional Comments: Gene Holloway Director of Planning, DISD Person to contact if there are questions January 10, 2007 Date EXHIBIT 5 Notification Map F. 7 w ~ i. i '~ ,~ k ~~ r• ~~ F. ~ } {. F T ,{ Y G, r. ~I Y i ~, h~ ;~. r J r ~ a F t F` ~~ 7i7' 1f J } ; r L' t~ 4 ryi ~~ '.! .i ~~de~se~t~ EXHIBIT - 6 Page ~ Page ~~ ~ COMMISSIONER STRANGE;: Tl]e next itCll7 ~t~auld 1 towards Robison Ranch, tl]ere appears to be ~ road or 2 be Item No. SI'3, which is a voluntary annexation and ~ solr~etk~ing has been --initial work done, 3 service plan far approximately 23.5 acres. The property 3 ~R, ME~'GG'ITA: Right. I understand Erwin 4 to be annexed is generally lacat~d at the southern area of 4 some of the calls that I received regardii]g the public 5 the city of Denton's extraterritorial jurisdiction] at the 5 notice, teat there's swine piping work, swine water lines of ~ northwest corner of I-35W and Robison Rand] Road. Mr, 6 that sari that's being constructed. But this 1]as nothing ? iVlengu~ta. ~ t0 do with that construction. ~ ASR. MENGG'ITA: Chair, members Of the $ CoMMIS~IDNER ~~'ATKI'~TS: T17anlc yaii. C~iI].llllssion, this annexation 15 proposed a5 part Of ~ ~ MR. MEI~'GL~ITA; bl[ay. 14 retail developl~nent along the northwest corner of I~35 and 1~ CDM~~IISSIONI;R STRANGE: Any other questions I I Robison Ranch Road. The proposr~d annexation is being I 1 of staff? I'll now open the public hearing. Is the 12 initiated by the applicant, inkelniann & Associates. The 1 ~ applicant here ~i]d do they wish to speak? 13 applicant is also requesting a coning Change in 13 APPLICANT: The applicant is here if you l4 con junction with this annexation request. The site is l ~ have any questions. l~ coir~pletely surrounded by the City of Denton, To the north I coMM~S~QNER STRANGE: Any questions of tt~e 1 ~ and west part of the site is the future I~unter Ranch l6 applicant? Do I have any cards? 17 Development. 1 ? MIS, LockL~~: Na cards. 18 The 2~nit]g district along I~35 is RCR-~. 18 Co'~4MrsSIONER STILANGE: No cards, we'll 19 Surrounding die property to the north and west is I9 close the public hearing. Do we have a motion on this 2~ agricultwal. The Ca~nprehensive Plan Land Use Designation ~~ item'? 21 has the proposed site a5 regional mixed use center. This 21 CO1~fMISSrQNER TI~oMA: I"ll inane approval. ~2 slide identifies or Illustrates the buffer notification 22 COMMISSIONER EAGLET0~1: second. 23 that was sent out. As of today, no responses were ~3 co~IMrsroNER STRANGE: we have a inotton by 2~ received. ~~ r. Thainas and a second by Mr. Eagleton, Any discussion? ~~ City Council held the first of two public ~S Please, vote. Dr, Thibodeaux, you did not register, Page 2~ Page 2$ 1 hearings fqr this voluntary annexation as well on .ianuary 1 There you go, The motYOn pa~Se 7-~, ~ 9th, which was yesterday. Cor~ncil recommended t~ proceed ~ 3 with this annexation as scheduled. 3 4 Staff recommends that the public hearing 4 ~ for A-06-~~~3 is held as scheduled and pending co11]~nents ~ ~ receive determine if additional comments are needed. At ~ 7 this tune, I'd be happy to answer any questions. Any ~ questions o~ Mr. Menguita? Mr, catkins. $ ~ COMMISSIO~'ER ~4'ATKI~TS: Pa5Sing by that ~ 1 ~ piece of property on the Interstate ~ ~~V -- 1 ~ ~ ~ MR. NiENGL'ITA; Right. 11 12 CO~IMtSSrONER ~vATKINS; •- on the west side l2 13 of the interstate inside the fence, it appears to be a 13 14 road -- is that tl~e reason that this piece of property is l4 5~t baClC aS far as it 15? 1 1 ~ MR. N1FNG[]ITA: I' 11 need to bring hack the 1 ~ 17 aerial real quick. 17 l $ CQMMISSIDN~Fi wATKiir'S; See the distance 1 S 19 between 3 ~? 1 g ~~ MR. M~NCJUITA: L'h-huli. ~~ ~ 1 COMMISSIONER V~'ATI~INS: And this piece of 21 ~2 property and paralleling that from the top of tlne bill, 22 23 Pilot Knob, all the way down ~- 23 ~4 MR, MEVGUITA: Right. ~~ 25 COVIM[SSIONER wATI{INS: -• and then heading ~~ rL~1v~vIN(~ ~UNI~C~ ~LAR E~SYI~, JA~TUAR'Y 1~, ~0~7 Pie ~ R Page 2$ ~:IOur Documentsl0rdinar~ces1071A0G~0~03.doc EXHIBIT - 7 XJ RDINANCE N V h AN ORDNANCE OF THE CITY OF DENTON, TE~.AS, ANEINO APPROXIMATELY X3.$4 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON' EXTRATERRITORIAL J~URTSDICTION ~ETJ~; GENERALLY LOCATED AT THE NORTHWEST CORNER OF I-35w AND ROBSON RANCH ROAD AND LEGALLY DESCRIBED AS ~EINO A TRACT OF LAND SITUATED IN THE E, PIANO SURVEY ABSTRACT NO.94, DENTO COUNTY, TEAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO ROBSONI3~w INVESTORS LP AS RECORDED IN COUNTY CLERK'S FILE NO a~-~~?4 OF THE REAL PROPERTY RECORDS O DENTON COUNTY, TEAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SE~ERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ~Aa6-DOa3} WHEREAS, Pursuant to Section 43.0 1 of the Texas Local averrunent Cade, home rule cities are authorized to annex areas that are not required to be in an annexation plan; and WHEREAS, an ar about January 10, 20a7, the Planning and honing Com~nissian recommended approval of the 2liltiexation of the property legally described 1r1 Exh~b~t "A", attached and fully incorporated herein the "Property„}; and wI~EREAS, the City Council finds that the Property contains fewer than IOa separate tracts of land on which one ar more residential dwellings are located on each tract; and WHEREAS, this annexation is voluntary and is being rriade under Subchapter C-l of Chapter 43 of the Texas Local Government Code; and WHEREAS, the C1ty Council finds tl~t any areas caused to be entirely surrounded ~~, but not included within, the City of Denton, Texas as a result of this annexation, are o surrounded ~n the public interest; and WHEREAS, the City Council finds that all required notices were given in the tune and manner required by laver; and WHEREAS, public bearings before the City Council ware held in the Council Chambers on January 9, 2aa7, and January 2~, 2a0?, (bath days being on or after the bath day but before the ~~th day of the date of the institution of the proceedings} to allow all interested ersans to P state their views acid present evidence bearing upon this annexat~vn; and WHEREAS, annexation proceed~r~gs were l~stltuted far the property described herein ~]~ the intrvduct~on of this ordinance at ~ rr~eeting of the City COUr~c1l February 1 ~, X007; and WHEREAS, this ordinance has been published in full one tune in the official newspaper of the pity of Denton on February ~5, ~~~7, after annexation proceedings were ~nst1tuted and 3~ days prior to pity council taping final action, ~ required by pity charter; and w~HEREAS, the pity council ~~nd that the annexation will allow the city to ensure development consistent wig The Denton Plan; New, TI~EREF~RE, THE ~UN~IL ~~' TfIE CITY ~~` DENTON HEREBY ORDAINS SETIDN 1, The fndins and recitations contained In the preamble of this Drdlnance, and all ether findings legally necessary to support annexation, are incorporated herein by reference. SE~TI~N ~. The Property is hereby annexed to the pity of Denton, Texas, and, pursuant to ~.1d.~. of the Denton Development fade, will be subject to the coning standards assoClated wlth the ~onln classlficatlon and use deslgnatlon RD-5, until such t1n~e as the Property is initially zoned, SETI~N 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" the "Service Plan"}, which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public bearings. SECTION 4. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the pity auncil hereby declares it to be its purpose to annex to the pity of Denton all portions of the Property lawfully annexed regardtess of whether any other part of the Property i~ declared not to be lawfully annexed into the pity. If any part of the Property is already included within the city limits of the 1ty of Denton or v~lthln the llmlts of any other lty, town or V111ae, or 1 not wlthln the lty of Dentan's jurisdiction to annex} the sarnc is hereby excluded f~orri the territory annexed as fully as if the excluded area v~ere expressly described ~n thls ard~nance. ETI~N ~: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPR~vED this the day of ~ , ~U~7, PERRY R. IcNEILII, MAYOR ATT~T: JENNIFER ALTAR, CITY E~RTARY ~Y: APPR~ED A TO I~~~AL F~R1VI# FIELD DESCRIPTION STATE OF TEAS ~~UNTY OF DENTDN EIN a tract of land situated within the E. PI~AN~ SURVEY, AB STRAIT N~. ~~, Denton bounty, Texas and being part of a tract of land described ire a Deed from Eillie J Estes. Brahrr~all to Celia Estes Coleman as recorded to Volume 44~~, Page ~~5 of the Real Property Records Denton bounty, Texas, and being more particularly described as follows: BEC~INNIN at a concrete right-of way inai~ument found at intersection of the westerly right-a~ way line of interstate Highway 35 and the northerlyright-of way line of Robson Ranch Road ~farerly pawn as Crawford Road} far the most southerly Southeast corner of the herein described tract: THENCE South ~ deg. D8 min. ~S sec west far a distance of 1 ~~.84 feet to ~ ~ nail set in said Babson Ranch Road far corner. THENCE North 89 deg. 47 rrlin. ~7 sec. west along said Rabsan Ranch Road a distance of 13,24 feet to a PIS nail set for the Southwest earner ofthe herein described tract, the Barrie being in the easterly west line of a called Tract 1 described in a Deed frarn Hillwoodlc~utchin, Ltd., to Petrus Investment, L,P,, as recorded in ~lalume 424, Page X74 of the Real Property Records of Denton Jaunty, Texas THENCE North ~0 de.17min. 24 sec. East distance of24,O feet to a 112 inch iron rod found at the rr~ost northerly South corner of said Tract 1, far the Northwest corner of the herein described tract. THENCE South 89 deg. 4~ min. 33 sec. East a~vn or near a fence with the most northerly South line of said Petrus Investment, L.P, tract a distance '~~~,74 to a metal fence corner found for the Northeast corner ofthe herein described tract, and the northerly Southeast coiner of said Tract 1, THENCE youth ~0 deg. 08 min. l7 sec. west along ar near fence with the most southerly Nest line of said Petrus Investment, L.P~ tract a distance of 173,44 feet to a ll~ inch capped iron rod set ir] the westerly right-of way line of said Interstate Highway 35 for the most northerly Southeast corner ofthe herein described tract. THENCE South 29 deg. 5 min. sec. west with the westerly right-of-may line of said Interstate Highway 5 a distance of 9Z~i2 feet to the PINT ~F BECINNINCr. ~~NTAININ wlthln these metes and bounds is 35.~4Z acres ar 1,14,174 square feet of land more or less ~o~ue 5~9~, ~'acge 0~~44 deed ~ecords~ Denton County, ~'exas l=xl~i~~~~ CITY OF DENTON SERVICE PLAN FOR A0~-~oD3 - Robson Ranch Retail I. AREA ANN~~~II The annexation area is located in the southern portion of Dentan's Fxtraterritarial Jurisdiction and contains approximately X3.84 acre generally located at the northwest corner afI 5w and Babson ranch ~oad~ II. INTRDDLtG'I'I~N This service plan has been prepared in accordance with the Texas Laval Government Cade, ectians 4.~~ 1, 43,06, and 43.~~5~b}-~a} ~vernon ~ ~~, as amended}. ~rlunicipal facilities and services to the annexed area described above will be provided or made available an behalf of the City in accordance with the fallowing plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure rriaintenance 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. AID yAL~R~ ~PR~PFRTY DwNER} T ERV~GE ~, Police Protection, and Animal Control Aolice 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 afthe annexation, ~. Fire Protec#io~ 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 estirr7ated err~ergency response time in this area is 5 minutes from future tatian #~]. The City of Denton will provide emergency medical services ~{`EMS"}. G. Roads and streets loads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton andlor Denton County, shall be maintained by the City of Denton an 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 an the effective date of the . annexatlan. 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 ~Oaa Pars and Recreation 1Vlaster Plan, No parrs are currently located w1t111I1 the proposed annexation area, Residents of the proposed annexation area will be able to use existing pity of Denton park and recreation facilities and prograrrls. . Library Services Library services will be made mailable on the effective date of the annexation on the same basis and at the same level as similar library facilities are nl~lntalrled throughout tl]~ C1ty. F. Building Inspections and consumer I~ealth Sexvices Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the sane level similar fac111t1eS are n7alnta~n~d throughout the pity. Both services are provided on ~ "cost recovery„ ba~s1~, and permit fees offset the costs of services delivered. Incorriplete construction rrrust obtain building permits from the Building Inspections Department of the pity of Denton. . Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Developrrlent Department currently services this property by way of administration of the Denton Develaprr~ent bode, concerning subdivision and land developlent . regulations. pity council adapted The Denton Plan, the city's 1999-~0~~ comprehensive plan, by ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ~TJ, and the subject tract is wltl]ln the Regional Mixed Use renters land use designation. 'The Denton Plan designates future land uses to rriar~age the quality and quantity Of growth ~~ orgarllzing 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 ~RATEPAY~R~ SERVICES A. Solid waste collection The pity of Denton is the exclusive residential and corrin~ercial solid waste service provider in the ityi pity ordinance requires solid haste services for all residences and commercial businesses located within the city llrrllts, The pity 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 wall be provided to the newly annexed property lmrnedlately upon the effective date of the annexation. To receive solid waste callectian service, the custorr~er rr~ust contact the pity of Denton ustamer service office, 944-X49-8757 and submit a requestlapplication for service, ammercial custarners are required to complete and submit a service Agreement to solid Waste customer service prior to receiving service. residential solid waste ervices Each residential address will be provided a wheeled refuse cart, which will be serviced one time per weep. Residents are required to place their refuse carts} at the curb prior to 7:00 a,m. on their collection day. darts should be placed at the curb for collection no earlier than 6:44 p.m. the evening prier to their collection day. darts are to be removed from the curb na later than 6:40 a,. on the day fallowing their collection day, All refuse placed in the cart far collection must be bagged to eliminate wind blown debris and lettering. Refuse that 1s r10t placed in the cart with the lid closed VVlll not be collected. Additional carts may be provided far 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. antact Trinity at 1+840~766~1755 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 the sarrre day of each week, Please telephone ustamer service, 944-~49-5787, to answer any remaining questions, and sign up far service. amrrzercial Refuse service Each commercial business will be provided with a commercial cantainer~s}, which are available in ~ vanety of sizes and frequencies of collection, based on the waste type and volume generated, All refuse placed in the container fur collection rr~ust be bagged to eliminate wind blown debris and littering. Refuse that i not placed in the container with the lid closed will not be collected, Refuse placed outside the container is subject to code ~rlforcement reg~latlons,lncludin potential fines. Landfill service The City of Denton Solid waste Land#ill hours of operation axe ?:~~ a,m. to 4;D0 p.m. Monday through Friday; and ~:~~ a.~n. to 1~:~~ p.rn. on Saturdays. ~'or information regarding disposal charges, call the Landfill gffice t X40 34975 l ~. B. ~Vaterlwastewater Facilities The City will need a waterline easement on this property in the near future to service this site. The City will provide a 1eve1 of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure rriaintenance available in other parts of the city with topography, Land use, and population density similar to those reasonably contemplated ar prc j eeted in the area. . Drainage services Drainage rrzaintenance wall be provided to the property upon the effective date of the annexation. The City will 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. V. ETHER ERV~E ether services that nay be provided by the City, such as rrrunicial 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 1n other parts of the City with topography, land use, and population density s1m11ar to those reasonably conterr~plated ar pro j ected in the area. VI. CAPITAL IPRDVEENT _PRRA ~I~ Na new construction of additional water, sewer, street, and drainage fac11it1es is contemplated within the annexed area as a result of this anncxat~on. No construction of public in~pravements is conterriplated as a result of this annexation that would begin within two and a half ~2 ll~} 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 a such public irr~proven~ents are considered throughout the City far areas having sirn~lar character~st1cs of topography, land use, and population density. vII. UNIFORM EEVEL DF ~ERVI~ES 1V~~.Y NAT BE RE i~IRED Nathin in this plan shall require the City to provide a unif arm bevel a 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. T„~R This service plan shall be valid far a term often ~~~} years. Renewal of the service plan shall be at the discretion of City Council. IX. ANIENI~ENT The service plan maybe amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable ar obsolete The City council may amend the service plan tv conform to the changed conditions ar subsequent occurrences pursuant to Texas focal Government Code, section 43 ~~5~ ~verr~on Cupp. OaO}, ~~# 0 ~QD ADa 80Q AGENDA INFORMATION SHEET AGENDA DATE: April 3, 2007 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager CT 1R.TFCT Consider nominations/appointments to Boards, Commissions and Committees. BACKGROUND Diana Block has resigned from the Public Art Committee. This is a nomination for Mayor Pro Tem Kamp. Bobby Jones has resigned from the Zoning Board of Adjustment. This is a nomination for Council Member Montgomery. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1Agenda ItemslBoard-Commission vacancies.doc Handout to Council 04/03/07 Item 4.A. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) TO A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 5.28 ACRES, GENERALLY. LOCATED- ON THE NORTHWEST CORNER OF MOCKINGBIRD LANE AND ORIOLE LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE M. YOACHUM SURVEY, ABSTRACT NO. 1442 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL THAT CERTAIN TRACT OF LAND CONVEYED BY DEED FROM ROBERT H. WHITE TO AUBREY C. JONES AND WIFE , LOIS L. JONES, RECORDED IN VOLUME 1121, PAGE 265, DEED RECORDS, DENTON COUNTY, TEXAS, AND ALL THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED FROM LAVERNE JOHNSON GEE TO JIMMY JOE GWARTNEY AND WIFE, JILL ANN GWARTNEY, RECORDED UNDER COUNTY CLERK'S INSTRUMENT FILE NUMBER 94-R0051394 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0004) WHEREAS, Denton Affordable Housing Corp. has applied for a change in zoning for approximately 5.28 acres from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and WHEREAS, on March 14, 2007, the Planning and Zoning Commission concluded a public hearing as required bylaw, and recommended approval of the requested change in zoning; and WHEREAS, with the addition of an overlay restriction as provided herein, which is consented to by the applicant and more restrictive than [he zoning request posted for public hearing, the City Council. finds that the change is consistent with the Denton Plan and the Development Code; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I . The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and fourid to be true. SECTION 2. The zoning district classification and use designation for approximately 5.28 acres of land described in Exhibit "A",attached hereto and incorporated herein, being a tract of land situated in the Yoachum Survey, Abstract No. 1442 in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Robert H. White to Aubrey C. Jones and wife, Lois L. Jones, recorded in Volume 1121, Page 265, Deed Records, Denton County, Texas, and all that certain tract of land described in a deed from Laverne Johnson Gee to Jimmy Joe Gwartney and wife, Jill Ann Gwartney, recorded under County Clerk's Instrument File Number 94-R0051394 Real Property Records, Denton County Texas, which is attached and incorporated for all purposes herein (the "Property"), is hereby changed from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential 6 (NR- 6) zoning district classification and use designation, with an overlay district providing for maximum of 22 residential lots, with at least 18 lots reserved for single family detached dwellings, and no more than 4 interior lots available for either single family detached or duplex, with the maximum number of dwelling units being 26. The applicant may also provide one additional nonresidential lot, if necessary, to address drainage or public improvements otherwise necessary to satisfy subdivision standards. Notwithstanding the above real property description, the property being rezoned includes all property to the centerline of all adjacent street right-or-way. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification and use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall 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 distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2007. PERRY McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: Exhibit A oriolo come BEING a 5.28 acre tract of land situated in the M_ Yoachum Survey, Abstract No. 1442 is the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Robert H. White to Aubrey C. Jones and wife, Lois L. Jones, recorded in Volume 1121, Page 265, Deed Records, Denton County, Texas, and all that certain tract o£ land described in a deed Erom Laverne. Johnson Gee to Jimmy Joe Gwartney and wife, Jill Ann. Gwartney, recorded under County Clerk's instrument Pile Number 94-ROD51394 Real Property Records, Denton County, Texas, and being more particularly described as follows: BSOIHIYIl16 at a P.R. nail in the center of the pavement of Mockingbird Lane, a public roadway, and being the northeast corner of said Gwaztney tract; T88IPC8 South along the east line of said Gwartney tract and the centerline of said Mockingbird Lane,.a distance of 259.98 feet to a P.R. nail being the northeast corner of said Jones tract; TBE9CE South 00 degrees D4 minutes 46 seconds West along the east line of said Jones tract and the centerline of said Mockingbird Lane, a distance of 226.81 feet to an iron rod at the southeast corner of said Jones tract; TBENCB North 89 degrees 28 minutes 22 seconds West pass at 22.14 an iron rod found for west line of said Mockingbird Laae, a total distance of 471 feet with the south line of said Jones tract, and the north line of Replat of Eastridge Addition, Second Section, an addition to the City of Denton, Denton County,. Texas, according to the plat~thereoE recorded in Volume 7, Page 32, Plat Records, Denton County, Texas to an iron rod Eound for coiner in the east line of lot 7, Block D of Eastridge Addition Pirst Section, an:addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Volume 5, Page 7, Plat Records, Denton County, Texas, and being the southwest wrner of said Jones tract; TH&RCE North 00 degrees 04 minutes 48 seconds Bast with the west line of said Jones Tract and the east line of said Eastridge Addition First Section, a distance of 229.09 feet to an-iron rod being the eouthwest corner of said Gaartney tract and the northwest corner of said Jones tract; . T88NC& North with the west line of said Gxartney tract and the east line of said Eastridge Addition First Section, a distance of 259.31 to an iron rod found being the northeast corner of Lot 1, Block D, of said Eastridge Addition First Section and in the south line of Lot 3, Block D, Replat of Bellaire Heights, an addition to the City of Denton, Denton County, Texas, according to the replat thereof recorded in Cabinet D, Page 244, Plat Records, Denton County, Texas; TESNCB South 89 degrees 29 minutes 40 seconds East with the north line of said Gwartney Tract and the south line of said Block D, Replat of Bellaire Heights, a distance of 147.47 feet to an iron rod found for corner; THENCE 'South 34 degrees 47 minutes 16 seconds East with the north line of said Gwartney Tract and the south line of said clock D, Replat of Bellaire Heights, a distance of 1.66 feet to an iron rod found for corner; THENCE South 89 degrees 47 minutes 07 seconds East with the north line of said Gwartney tract and the south line of Block D, Bellaire Heights, an addition to the City of Denton, Denton'COUnty, Texas, according to the plat thereof recorded in Cabinet C, Page Z11, Plat Records, Denton County, Texas, a distance of 322.56 feet to the POINP OF BE6IIIIiIP6 and containing 5.28 acres of land more or less.