HomeMy WebLinkAboutMay 1, 2007 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
May 1, 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, May 1, 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
consi ere
1. Requests for clarification of agenda items listed on the agenda for May 1, 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. Deliberations regarding consultation with the City Attorney -Under TEXAS
GOVERNMENT CODE Section 551.071 and Section 551.087 -Deliberations
regarding Economic Development Negotiations.
1. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding granting economic development incentives to Allegiance
Development with respect to development at Rayzor Ranch. This
discussion shall include commercial or financial information the city
Council has received from Allegiance Development, which the city
Council seeks to have locate, stay, or expand in or near the territory of the
city, and with which the City Council is conducting economic
development negotiations; including the offer of financial or other
incentives.
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.
City of Denton City Council Agenda
May 1, 2007
Page 2
Regular Meeting of the City of Denton City Council on Tuesday, May 1, 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
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 - F). 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 - F 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 amending Sections 2-243 through 2-250 of Article
VIII of Chapter 2 of the Code of Ordinances of the City of Denton, Texas, providing
for legal defense and indemnification of city officers and employees; providing for a
severability clause, providing for a savings clause; and providing for an effective
date.
B. Consider adoption of an Ordinance accepting competitive bids and awarding a public
works contract for the relocation of the Morse Street 18 Inch Sanitary Sewer for the
City of Denton; providing for the expenditure of funds therefore; and providing an
effective date (Bid 3750-Morse Street 18" Sanitary Sewer Relocation awarded to JT
Dersner, Inc. in an amount not to exceed $218,612.75). The Public Utilities Board
recommends approval (7-0).
C. Consider adoption of an Ordinance determining a sole source and approving the
expenditure of funds for the purchase of hardware to upgrade the Remote Terminal
Units (RTUs) at five Denton Municipal Electric Substations available from only one
source in accordance with the provision for State Law exempting such purchases
City of Denton City Council Agenda
May 1, 2007
Page 3
from requirements of competitive bids; and providing an effective date (File 3758-
Purchase of Remote Terminal Units for Denton Municipal Electric Substations
awarded to Advanced Control Systems, Inc. in the amount of $103,198). The Public
Utilities Board recommends approval (7-0).
D. Consider adoption of an ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the Retired and Senior Volunteer Program to
assist with funding the printing and mailing costs of the agency brochure; providing
that this program serves a municipal and public purpose; providing for the
expenditure of funds and an effective date. ($500.00)
E. Consider a request for an exception to the Noise Ordinance for the purpose of a music
festival, the 1St Annual Summer Showdown, sponsored by the North Texas State Fair
Association, located at 2217 N. Carroll Blvd. The event is to be held on Saturday,
June 9, 2007, beginning at 11:00 a.m. and concluding at 1:00 a.m. The exception is
specifically requested for extension of the hours of operation.
F. Consider approval of a resolution of the City Council of the City of Denton, Texas,
supporting Super Bowl XLV and its related Super Bowl activities in the North Texas
Region; and providing for an effective date.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding the rezoning
of approximately 23.84 acres from Rural Residential (RD-5) to a Regional Center
Residential 1(RCR-1) zoning district. The subj ect property is generally located at the
northwest corner of I-35W and Robson Ranch Road. (Z06-0025, Robson Ranch
Retail Zoning) The Planning & Zoning Commission recommends approval (7-0).
B. Hold a public hearing and consider adoption of an ordinance regarding the rezoning
of approximately 0.66 acres of land from a Neighborhood Residential 2 (NR-2)
zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district.
The property is located on the southwest corner of Teasley Lane and Old Alton Road
(New) intersection. (Z07-0006, Denton Creek Business Park 1) The Planning &
Zoning Commission recommends approval (7-0).
C. Hold a public hearing and consider adoption of an ordinance regarding the rezoning
of approximately 0.55 acres of land from a Neighborhood Residential 2 (NR-2)
zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district.
The property is located on the southeast corner of Teasley Lane and Old Alton Road
(New) intersection. (Z07-0007, Denton Creek Business Park 2) The Planning and
Zoning Commission recommends approval (7-0).
D. Hold a public hearing and consider adoption of an ordinance amending Subchapters
7,13 and 23 of the Denton Development Code relating to infill regulations. (DCA05-
0005, Infill Regulations) The Planning and Zoning Commission recommends
approval (6-0).
City of Denton City Council Agenda
May 1, 2007
Page 4
E. Hold a public hearing and consider adoption of an ordinance amending the Denton
Development Code concerning the standards and processes for allowing gated
residential communities. (DCA06-0015, Gated Communities) The Planning and
Zoning Commission recommends approval (6-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the furnishing and installation of LED Traffic Signal Lights from Durable Specialties, Inc. and providing an
effective date (Requisition No. 80409) to Durable Specialties, Inc. in the amount of
$62,143.00.
B. Consider nominations/appointments to Boards, Commissions and Committees.
1. Public Art Committee -Mayor Pro Tem Kamp
C. 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.
E. Robert Donnelly regarding City services.
D. New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
E. City Manager's Report
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton,
Texas, on the day of , 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.
A~NDA IN~~RAT~~N ~~T
ACr~1~DA l~AT~ ; a,y ~ , ~ 007
~epa~r~rnent
~~S; JOhn K~.ight, error ~.s~~stant 1t ~ Attarne~
~B#TE'T. - An ordinance an~end~ng sections 2-43 throe ' gh of Art~c~e IZI of chapter
2 of the fade of ordinances of the pity of I~entan Texas r ~ . . a , ~ ovlchng far teal defense and
~nden~f~cat~an of pity officers and en~plo~ees, rovidin for a se ' ~ . . ~ g verahYl1t~ clause: pro~.d~ng far
a avings clause; aid prav~ding far an effective date.
BAKRUND. W decent lawsuits against i ens la ee h tY ~ y ave prompted a revs of the
current ordinance providing for defending and indenif~in those n tv ees. . ~ p y 'firs review gave
rise to concerns that the current ordinance is otentia~~ insuffi ' p y cent to adequately protect the interests of the pity and Its effected officials, officers
anal em la ecs. Th '
addresses these p ~ e proposed ard~.nance
concerns
OPTION; 1. The Council can appra~e the ordinance. 2. .
The Councr~ can approve the ardina~ce with changes. ~'he Council cap not a rove the ordinan
pp ce.
RECOIVIENI~ATI01~: a recommend ~ptlon 1, that the Council '
approve the ordlnance~
~epectfully subrnitted,
John . Knight
eniar Assistant City Attorney
s:lour Dncwneut~iagen~ mfarm~oa sheet: lndemndy or~~nccdoc
~:IOur Docurnen#sl~rdinan~es1~71Ar~ic~e VIII-Denton Code of Drdinance~Final.doc
ORDINANCE
AN ORDINANCE AIVIENDINC ECTIDN 2-~4~ THROU~H 2-~54 ~F ARTICLE VIII ~F
CI~A~'TE~ ~ ~F THE CODE OF ~~D~NANCE ~F TIDE CITE ~F DNT~ N, TEAS,
FR.~V~DIN F~~ LECrAL DEFENSE AND ~NDENIF'ICATI~N ~F CITY ~FFICEI
EPL~'YEES } PR~VIDIN FAR A SEVERABILITY CEAUE, PR~VID~NC FAR A
SAVINGS CLAUSE; AND PI~~IDINC FAR. AN EFFECTIVE DATE.
THE CQUNCIL F THE CITY ~F DENTIN I~EREDY ORDAINS:
SECTION 1, Chapter ~ a~ the Code of ordinances of the Cit of I]enton Texas be y ~ ,
amended by revising Article VIII so that herea~er Sections ~-~4 throe ~-~5~ shall read
follows:
A~TI~L~ VIII, LEGAL DENSE AND IND~NIFIATII~N DF CITY ~F~I'~RS AND ENIPL~YEES
S~+Cw ~'~~~r Def~litions
A. For purposes of this article, the term "employee" shall include all ci council
members, members of all crty boards and committees, and alI officers and ens to ees of the ci
. and any other persons,lncludrng volunteers, former officers, volunteers or em lv ees and the
~ y estate of any such officer, volunteer or employee encompassed within the definition of
"employee" ~n Chapter I0~ of the Teas C~v1l Aract~ce and Rerned~es Code herelna.fter refe
~ rred to as the "Code,"
B. l~`or purposes of this Article, the term "actual damages" shall be limited to an arnaunt
not to exceed $S,~a0,a00.
Sec. ~-~44, Indemnification and Limitations
A, The City of Denton shall, s hereina~er provided, inden.i and a actual lama
p y ges, court costs, and reasonable attorney's Fees far which the city or employee shall be determined to
be liable by a court of competent jurisdiction, excluding unitive damn es awarded a ' p g ga~nst any
employee of the city but only if the damages are based on an actor on~lsslon b the em to e '
Y p y e ~n the course and scope of employment. The phrase "course and sco a of errs to ent" shall n
in I ~ p p yin of c ude any actron which occurs drzr~n a period of time when the errs to ee is en a ed 1n p y g~
outside employment or is rendering contractual services to so~neor~e other than the cit unle
otherwise ex ressl set forth in . , . y' ss p Y such contract, or engaged ~n actl~nties unrelated to h1s ar her
municipal en~playxnent or services, whether the actions for which lama es are awarded were g
performed during the employee's course and scope of en~ployrnent shall be detern~7ned b the
cit ,and this determination shalt b y Y e final; provided however, if the indemnity and payment of
damages and legal representation has been denied by the city, if final 'ud ent of a court . ~ of
competent ~urisdretion determines that the employee was acting in the scope and course of his or
her en~playent and the employee was not engaged in official rnrcanduct a willful or wro ngful
~:l~tir Docur~entslordinancesl0?IArticle VIII-Denton ~od~ ofOrdinat~cesFin~l.~oc
act or onI1S5~or1, ar an aCt or ornlSSlon COnstltut~ig gross negligence, the ci shall an ~ ~ ~ ~ teal
damages, court costs and reasonable attorney s fees as set forth in this article,
. The city shall pay the actual damages arising from an claim Iav~suit or 'u~ en • ~ ~ ~ t
agarnst an employee, whether or not the city is a party defendant, if said darna es;
~ 1 }Arise fxom a cause of action for negligence;
Arise out of a cause of action for deprivation of a right, rivile a or iminunit p y
secured by the constitution or Za~vs of this state or the United States; or
~3}Arise out of any incident for which indern.n1ficatron is in the Interest of the el as
• • ~ detenrnned by the city council, and may be legally paid by the cit .
y
. , addition to the coverage provided hereinabove, the ci X11 a all reasonable costs tY p Y
and expenses, including but not limited to attorney's fees and ca~u-t costs incurred in
investigating and defending the cla~rn or lasuzt
D. Payments under this article shall be subject to all lirriitations im osed b the Texas P y
constitution and laws as Drell as ordinances and policies adopted b the ci council and shall in Y tY no case exceed the amount allov~able thereunder.
Sec, 2-~4, Exclusions
This article shall not apply and the city shall not pay damages awarded a ainst an
em to ee that arise from: g
pY
~ 1 ~ Acts or omissions constxtutin ~ ross ne li ence cri ~ '
g n~inal negligence, conscious indifference or recl~less disregard;
~2}Acts conducted in bad faith;
~laxms or lawsuits brought by the cit a ainst an ern to ee incl .
Y g p y udin, v~ithout limitation, salts to collect delinquent taxes, ssessnients~ and fines;
~4~ laxm or Ia~sults for official rriisconduct;
~5} damages arising out of willfully wrongful act or orriissian, includin but not • •
limited to a violation of a penal statute or ordinance, committed b or v~ith the Y
knowledge or consent of the employee including damages arisin out of a cause of g action for official misconduct;
damages arising out of acts committed by or at the direction of the ens to ee with
p y affirmative dishonesty, or actual inte~at to inure, deceive or defraud•
~ ,
~7} Any act ar omission co.tnitted by an erripioyee while the ens to ee is o eratin a
• • • • r city vehicle without pcrn~ission or authority;
Page 2 of 5
S:ID~r D~cumentslDrdi~rances1071Ar~icle VIII-I)ent~n ~o~e of Or~i~ancesFinal.doc
~S}Any act ar omission committed while the arnplo ee is a eratin a ei ' Y ~ g vehicle
the course of personal or private business provided, however that this ex ' elusion shall
not apply to the limited extent that such use is explicitly allowed b ursuant to an ' . Yap d 1rl
accordance with, applicable Teas law, city ordinance and the written alicies se p t forth
in the city' policy manual:
~9} Liability assumed by the em to ee under contract p Y or areerner~t, unless the
contract or agreement has been entered into with the consent or at the rc uest of the
city,
~ t 0} Any obligation far which the city nay be liable under the Teas war ' leer
an~pensatian Act, Unernployament an~pensation laws or an similar lawF ~ ,
i
~ 1 ~ }Any act or on~isslan which occurs during a period of time in which the ern . ployee
1s engaged m outside employment ar ~s rendering contractual services tv someone other
than the city, unless otherwise expressly set forth in such contract a
~ t 2} Any employee who is already covered b an insurance cantr
Y act or other plan of self insurance authorized by statute, but not provided by the c1t ,for acts or omissions
. y accurrnig while ~ the scope and course of his employment or duties, u to the limits of
p said insurance contract or plan; or
X13}Damages covered under an insurance contract of the cit authorized b statute. Y Y
Nothing in this subsection shall obligate ar prohibit the cit , at its discretion on a case . Y s by
ease balls from providing legal representattan anal paying actual darns es court c
~.ttarr! ~ ~ atS and ey fees required to be paid by an employee in any clairri or lawsuit to the e~ . tent
permitted by law.
section ~-~4~. ubrogatrvn
The czty shall be subrogated to the employee's rights of recave a ainst an r . ry g y pe son,
frin, corporation or organization, and the employee shall execute and deliver to the ' city attorney
whatever documents are necessary to secure those rights and shall do nothin to r ' g p e~udree those
rights.
dec. 2~~47. Leal defense.
The city sha11 provide legal counsel to represent any ern to ee, for whom the cit
d p y y nay pay arnaes under this article, rncludin any appeal resulting from the liti tiara under which
g damages were ar niay be assessed. The legal counsel ravided b the cit rna
p y y y be the city attorney, or any inen~ber of the city attorney's staff, or the city's regularl ens to ed counsel
unless there is a ate y p Y , p ntial conflict of interest between the city and the defendant, i~ which case
the city shall en~play other legal counsel to defend the suit. such le al r resen
rav. g ep tation shall be p ided at na cost to the employee. Any employee nay have his own counsel assi '
st in the defense at the sole expense of the employee, The ern la ee shall coo crate full .
P Y p y with the city,
page 3 of5
;lour ~acumentsl~rdinanoes1~71Article iTIIi-Denton fade of DrdinancesF~nal.doc
the city attorney, or the city appointed legal counsel in the r aration ar~d resentati ~ p on of the
case. The failure of the employee to so cooperate shall constitute waiver of the em lv ee's ri
to representatlan and 1nd~ty under this article, Any legal counsel prodded under this section
may settle the portion of the suit that naay result in the payment of d.a~na es b day cit wader this ~ Y
article with approval of the city caur~cil. The city shall not be liable for an settlement of an ~ ~
such claim or suit affected w1thout the consent of the city council.
dec. ~-~48. Preservation of defenses.
Nothing contained in this article shall waive any defenses which are available to the cit
ar the officer or ern to ee under ~ ' p y the Tart claims Act ar any other applicable laws, includin ,
without lxtat~an the defense of avern~nental ar sovereign ~munrty, the limitations on
governmental officers' and employees' Liability or the limitations on the anaaunt of recoverable
damages as set forth in the Tort claims Act and chapters 10~ thrau 1 ~4 of the fade a those
laws naay now read or may be amended in the future. This article does not ins are liabilit or
waive immunity far an employee who has co~nna,an law, statutory, or other ina~n~nit . ~athin y ~
contained in this article shall create any rights an behalf of third artier who are not officers ar
en~playees of the pity of Denton.
ec. ~-24~, l~otice,
The provisions of this article shall apply only if the city has been ~ven notice of the
action brauglat against the city enaplayee 1n writing, which has been received b the cit naana er
Y y g within thirty calendar days of the service of process on the ern to ee.
sec, ~-~0. Discip~~nary action.
l~othing in this article shall prevent the city firom taking any disciplin action a ainst
~'y g any employee for conduct defended or indemnified by the city under this article, either before ar
after the conc~usian of the litigation.
ETI~N 2, if any section, subsection, ara a h sentence clause ' p p ~ ,phrase ar word zn
this ordinance, ar application thereof to any person or circumstance, is held Invalid b an . y y court
of competent ~ur~isd~ction, such balding shall not affect the validi of the rernainin onions of
. gP than ordnance, and the 1ty auncil of the ~1ty of Denton, Texas, hereb declares it would have Y
enacted such rema~nmg port~ans despite any such 1nval~dlty.
~~TI~N 3. All prodsions of the fade of ordinances of the fit of Denton Texas in Y ~ ,
conflict with the provisions of this ordinance are hereby repealed, and all other rovisivns of the . p
ordinances of the C1ty of Denton, Texas, not in conflict with the rovisions of this ~rdina~ace . p ,
shall renaaln ~n full farce and effect.
~TY~N 4. This ordinance shall became effective immediately u an its assn a and p p g
approval.
Page ~ of 5
~:IQur DocurnentslQrdi~tances1Q71Artlcie VYXI-Denton Code ~f~ Or~inancesFinal.doc
~ ~~~~~I~ thr the o~
PE1~RY~ R. ~cIV~I~~,1V~AY~R
~~~~~i
J~NNZ~'ER ~UALTER, ~~~'Y ~CTAY
BY:
~.PPR~~~D A T~ I1~~AL FORS:
FDIN . S~YD~R, IT`Y ATTORNEY
B~Y;
P~ 5 of
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Frank Payne 349-8946
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the relocation of the Morse Street 18 Inch Sanitary Sewer for the City of Denton;
providing for the expenditure of funds therefore; and providing an effective date (Bid 3750-
Morse Street 18" Sanitary Sewer Relocation awarded to JT Dersner, Inc. in an amount not to
exceed $218,612.75). The Public Utilities Board recommends approval (7-0).
BID INFORMATION
The Morse Street 18" Sanitary Sewer Relocation project consists mainly of the construction of a
replacement sanitary sewer line for the existing sanitary sewer line that runs in the creek along
Scott Drive from McDonald Drive to Morse Street (see Attachment 1 for project location). The
project is required due to the construction of a drainage project that will widen the creek along
Scott Drive and line it with concrete. The existing 18" line will be replaced with a new 18" line.
The new sewer line alignment removes the sewer line from the creek bed thereby allowing
access to the line for maintenance and any future improvements.
Bids for the construction phase of this project were received on March 29, 2007. There were ten
bidders, with bids ranging from a low base bid of $218,612.75 to a high base bid of $451,977.00.
The low bidder for this project, JT Dersner, Inc., appears to meet all the requirements for the
qualified low bidder for this project. There are no alternate bid items associated with this proj ect.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 23, 2007 meeting.
RECOMMENDATION
Award to JT Dersner, Inc. in an amount not to exceed $218,612.75.
PRINCIPAL PLACE OF BUSINESS
JT Dersner, Inc.
Irving, TX
Agenda Information Sheet
May 1, 2007
Page 2
STAFF COST ESTIMATE
The engineer's estimate for this project was $229,000.
ESTIMATED SCHEDULE OF PROJECT
Work on this project is scheduled to begin June 2007 with an estimated completion date of
September 2007.
FISCAL INFORMATION
Funding for this project will come from existing bond funds. The Drainage Department will
contribute $100,000 to the project (account 650033560.1360.40100) and the Wastewater
Department will contribute the balance of the funding $118,612.75 account
(640086536.1360.40100).
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment l: Project Location Map
Attachment 2: Bid Tabulation 1-AIS-Bid 3750
a
nno~aoan~
a~
.
a
~ ~ U J
t6 U ~
L
1M~N
~4f
a
z 0
t~
0
i
L ~ ~ N 0 ~ r~
~ a p O ~ N N ~ a U ~ N ~ ~
~ ~ ~
~ ~
c ~
p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~
~ o ~ o ~
L C O
L X ~
~ ~ ~ ~ ~ ~ ~ ~ 0 0~ N N
~ - ~ ~ Uj ~ ~ ~ ~ o ~ ~
U ~
c o L o ~ o
0 L U ~ 'a (0 ~ U f~ Ul Ul = p L c N 0~ N N
0 ~ ~ ~ Q ~ ~ ~ ~ u c o ~
U U ~
0
L ~ X ~ 0 C ~ ~ ~
p Q1 In U'1 _ ~ ~ ~ ~ N N
0 r~ _ ~ ~ m ~ ~ ~ ~ ~ N
C O N L C O ~ O
0 p u N
U ' Q o U N N c~ U U ~
Q X o ~ ~ o
L O_ 0 a ~ ~ ~
~ ~ L ~ L ~ N N ~ ~ ~ J ~ ~ ~ ~
~ ~ o N~ U ~
Z u u,
O L c ~
~ ~ ~ ~X ~ v a _ ~
V ~ ~ ~ o ~ ~ _ ~
0 ~ ~ Y N J ~ ~ W
~ L ~ ~ L p ~ ,
C N Q~ 0
_ - L > o ~ ~ ~ ~ ~ c ~ c ~
0 ~ ~ u~ ~ ~
~ ~ ~
a 0 ~ ~ N ~ ~ ~ ~ ~
~ H = N ~ ~ ~D N N
0 Z a~ ~ ~ ~ N ~ ~ ~ ~ N
01 H
N W = ~ -o
O u ~ ,o c m ~ #
LA ~ (n ~ ~ o ~ ~ ~ W 'L m m m -o
~ ~ ~ p ~ ~ ~ ~ ~ a Q
m 0
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE RELOCATION OF THE MORSE STREET 18 INCH SANITARY
SEWER FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3750-MORSE STREET 18"
SANITARY SEWER RELOCATION AWARDED TO JT DERSNER, INC. IN AN AMOUNT
NOT TO EXCEED $218,612.75).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3750 J.T. Dersner, Inc. $218,612.75
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
r r~
~~i ,
BY:
4-ORD-Bid 3750
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 April 23, 2007
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
7 April 23, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center,
8 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Newell, Dick Smith, Bill Cheek, Phil Gallivan, Bob Bland, John Baines and
11 Randy Robinson
12
13 Ex Officio Member:
14 Howard Martin, ACM Utilities
15
16 OPEN MEETING:
17
18 CONSENT AGENDA:
19 The Public Utilities Board has received background information, staff's recommendations, and
20 has had an opportunity to raise questions regarding these items prior to consideration.
21
22 Board Member Phil Gallivan pulled Item 1 for individual consideration.
23
24 2) Consider purchasing six packages of hardware, one to be used as a spare, and five to upgrade
25 the Remote Terminal Units' (RTU's) at Denton West Interchange, Hickory Substation,
26 Locust Substation, Jim Christal Substation and Spencer Interchange for a total cost of
27 $103,198.
28
29 Board Member John Baines moved to approve Item 2 with a second from Board Member
30 Bill Cheek. The motion was approved by a 7-0 vote.
31
32 ITEMS FOR INDIVIDUAL CONSIDERATION
33
34 1) Consider approval of Bid No. 3750 to JT Dersner, Inc., for the construction of the Morse
35 Street 18" Sanitary Sewer Relocation project, in an amount not to exceed $218,612.75.
36
37 Board Member Gallivan expressed concern about such a spread in the bid and wanted to make sure that
3 8 JT Dersner, from a capital standpoint, was able to perform under this contract.
39 40 Jim Wilder, Engineer, replied that while Dersner had not performed work for the City of Denton,
41 it had performed work for developers in the area and records supported that Dersner had both the
42 equipment and capacity to perform per contract.
43
44 Gallivan asked where the cost difference occurred over the other bidders.
45
46 Wilder replied that it was in the line item costs which were lower overall than the other bidders.
47
48 Board Member Gallivan moved to approve Item 1 with a second from Bill Cheek. The
49 motion was approved by a 7-0 vote.
50
Draft Minutes of the Public Utilities Board Meeting
April 23, 2007
Page 2 of 2
51 The meeting was adjourned by consensus at 11:59 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Sharon Mays 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance determining a sole source and approving the expenditure of
funds for the purchase of hardware to upgrade the Remote Terminal Units (RTUs) at five Denton
Municipal Electric Substations available from only one source in accordance with the provision
for State Law exempting such purchases from requirements of competitive bids; and providing
an effective date (File 3758-Purchase of Remote Terminal Units for Denton Municipal Electric
Substations awarded to Advanced Control Systems, Inc. in the amount of $103,198). The Public
Utilities Board recommends approval (7-0).
FILE INFORMATION
DME has utilized Advanced Control Systems Supervisory Control and Data Acquisition
(SCADA) equipment to provide a critical service for its transmission and distribution system.
The existing RTU's at Denton West Interchange, Hickory Substation, Locust Substation, Jim
Christal Substation and Spencer Interchange were installed between 1985 and 1987. The
proposed RTU upgrades are necessary to keep up with the constant improvement in technology.
DME is improving its transmission and distribution system on an ongoing basis by installing
microprocessor controlled relays. The proposed RTU upgrades will allow these RTU's to
communicate with the new relays. Six packages of hardware will be purchased-one for each
substation and one to be used as a spare.
Advanced Control Systems is the sole-source vendor for the Connex 30 RTU upgrade that
interfaces with the current SCADA system used by Denton Municipal Electric. Section 252.022
of the Local Government Code provides that procurement of items that are only available from
one source, do not have to be competitively bid.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its April 23, 2007 meeting.
RECOMMENDATION
Award to Advanced Control Systems, Inc. in the amount of $103,198.
Agenda Information Sheet
May 1, 2007
Page 2
PRINCIPAL PLACE OF BUSINESS
Advanced Control Systems, Inc.
Norcross, GA
ESTIMATED SCHEDULE OF PROJECT
Delivery and installation of the Remote Terminal Units can be accomplished within 3 -6 months
after receipt of an order.
FISCAL INFORMATION
Funding for the RTU's was approved in the Electric Substations 2006-07 Capital Improvements
Budget and will be provided from the following accounts:
602096493.13 50.3 620, 602096493.13 50.3 63 0
602097493.13 50.3 620, 602097493.13 50.3 63 0
602107493.13 50.3 620, 602107493.13 50.3 63 0
602108493.1350.3620, 602108493.1350.3630
602109493.13 50.3 620, 602109493.13 50.3 63 0
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Sole Source Letter from Advanced Control Systems
Attachment 2: Quote from Advanced Control Systems 1-AIS-3758
Attachment 1
Advanced Control Systems, Inc. ■ 2755 Northwoods Parkway ■ Norcross, Georgia 30071
Tel: 770 446 8854 ■ Fax: 770 448 0957 ■ www.acsatlanta.com
April 25, 200
Mrs. Karen E. Smith, A.P.P. -Senior Utility Buyer
City of Denton
9o1B Texas Street
Denton, TX X0209
Subject: ACS Quote: ECo~Q-6884 Rev 3; Upgrading Existing MPR-Solo RTU's
Dear Mrs. Smith:
Advanced Control Systems, Inc. would like to thank the City of Denton Utilities for your
Request for Quotation to upgrade legacy RTU's and also for your SCADA business over
the years. The referenced quote refers back to 2MPR-Solo's purchased in 1983; J-13o3
and 3 PR-3oloA's purchased in 198; J-2281. These have served City of Denton very well,
but are now obsolete and not supportable except for digital and control modules.
Advanced Control systems, Inc. is Sole Source Provider for Connex 3o Upgrades, which
are the only means of modernizing currently installed MPR-Solos. Secondly, we connect
to your Master using the Proprietary ACS-~ooo Protocol, needed to make the necessary communications. ACS is the Sole Source Provider of this Protocol & RTU combination.
We will be most happy to further discuss and describe our offering, but we suggest your
contact with Mr. Brad Gibbons who can best describe his accomplishments with ACS's
upgrades. Please get back in touch with me for any questions or assistance needed. We,
most certainly appreciate your interest in our Connex 3o solution for Legacy RTU's.
Best regards,
Advanced Control Systems, Inc.
Phil T. McCuiston, Jr. -Sales Manager, RTU's
0256) 653-4609 Cell
cc: Mr. Sam Bridges - Manager of Substations
Mr. Jeff Morris - Superintendent of System Operations
Mr. Brad Gibbons -Lead Substation Technician
Mr. Frank Sublett -National Sales Manager, ACS Mr. Clint Cowan -Business Unit Manager, Substation Integration, ACS
r. r....;•.... . • - I .f• • • Attachment 2
4 1
v
~ •.t'~
••Q +
- } l notation
Page 1 of 9
To: Denton Municipal Utilities
215 E. McKinney Street
Denton, TX 76201-4229
Attn: Brad Gibbons
Phone 940-349-7607
Fax 940-349-7549 Email: brad.gibbons@mindspring.com
Date: Feb.27, 2007 ACS Quote No.: EC07Q-6884 Rev 3
F.O.B. (X) Norcross Terms: Due Upon Receipt of Invoice Ship Via: Best Way
Customer Requested Date: Sales Tax Not Included
ACS Estimated Shipping Date: 60-90 Days ARO Shipping Charges: As shown
Item Qty Description Unit Price Total
Convex 30 (NTU--7530) Upgrade n fMPR-3010 RTU at DWI, Jim Christal, SPI,
Hickory ~ Locust Substations -Job numbers as shown below
1 1 Convex 30 (NTU-7530) Remote Terminal Unit, MPR-3010
upgrade for Jim Christal (JC) Substation (job 1303), including:
■ Remove Existing Power Supply from RTU
■ Use Existing Electronics card File
■ Remove All Existing Logic Cards -These slots are now un-used
■ Do not remove Digital input cards
■ Remove All Existing Analog Cards -New Modules
listed below will replace in card file
■ One NTU-7530 Electronics Card File, 541003 (No Internal
Modem)
■ One Router Module, 075401
■ One Ethernet LAN/Dual Serial Gateway, DNP 3.0, $10,687 ~ 10,687
075404 / 075405, POS-0064, with:
■ One Isolated RS-232 port to Customer Provided Jungle
Mux ■ One Isolated RS-232 or RS-485 ports for User
configuration as Master or Slave
■ One Isolated RJ-45 LAN port
(In excess of 10, ODO data values returned to Gateway)
■ One Local Input Node, 075440 / 075441
■ New 32 DC Analog Inputs, 0-±1mA -DIN rail
mounted - 075073 x 2 -Replacement for one 480047
Single ended analog input module
■ Existing Digital inputs (Status / Accum) - 075302 -Use
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn nmm~ s.mr~s._ s,r•_•__ _r.n ____..__r_-__ i-'_ _r '-.•__•r _~_i_ _-__r____~._ _~_r•._ __~_i
riLr to tr iv ti~iv: ivimImum 01 1L montus from ua[e of quotation it not awarueu; transierreu to project boo ine wnen awarueu.
f. r•
'.s•~ r••• ~ t v r r • s 5
f I , . r F• n•7' i\.v ~ .,.•f FL. • • ..:in SF. • ....••••y • F. i' ! {J: r f .i.. .i+'~•
.T~': ~ • • h K
••••x K n. • . . + . .
ti..:.:.:.:.:.• • • uotat~on
Page 2 of 9
Denton Municipal Utilities
February 27, 2007 ACS Quote No: EC07Q-6884 Rev 3
Item Qty Description Unit Price Total
Convex 30 (NTU--7530) Upgrcrcle o f MPR-3010 RTU at DWI, Jim Christal, SPl, Hickory ~ Locust Substations -Job numbers as shown below
existing DIM modules cabled to new Convex 30 card
ale. Add one 075302 if SOE or Dbl card files are
used. ■ New Interface cables as necessary
■ Use existing terminal block assemblies for DI field
wiring
■ One Binary Output Node, 075420 / 075423, for interface
with existing relay modules
■ Adapter cable, if required, for 12 Vdc relays
■ One RS-232 Explorer & Monitor port
■ One SVdc Logic Power Supply, 540000
■ One 125Vdc Power Supply, 540010
■ No enclosure required - Installed in existing cabinet ■ ACS Warranty -15 months from ship date
■ One set NTU As-built drawings
■ One AutoCad Drawings on CD-ROM
■ One RTU Manual
2 1 Convex 30 (NTU-7530) Remote Terminal Unit, MPR-3010
upgrade for Denton West Interchange (DWI) Substation (job
1303), including:
■ Remove Existing Power Supply from RTU
■ Use Existing Electronics card File ■ Remove All Existing Logic Cards -These slots are now
un-used
■ Do not remove Digital input cards
■ New 32 DC Analog Inputs, 0-±l mA -DIN rail $10,687 ~ 10,687
mounted - 075073 x 2 -Replacement for one 480047
Single ended analog input module
■ One NTU-7530 Electronics Card File, 541003 (No Internal
Modem)
■ One Router Module, 075401
■ One Ethernet LAN/Dual Serial Gateway, DNP 3.0,
075404 / 075405, POS-0064, with:
■ One Isolated RS-232 port to Customer Provided Jungle Mux
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn rmm~wrmr~wr_ e,r•_•__ _r~~ _.i__ r._ _r _ •r _ _ _i_ ' __r_ i._ _ _i_ r•~_ i__ _ _ _ _i_ ~
rti,r. rrElr v its v: nmtmum 01 tZ montus from uate of quotation it not awarueu; transterreu to projectjoo ine wnen awarueu.
f. r•
'.s•~ r••• ~ t v r r • s 5
f I , . r F• n•7' i\.v ~ .,.•f FL. • • ..:in SF. • ....••••y • F. i' ! {J: r f .i.. .i+'~•
.T~': ~ • • h K
••••x K n. • . . + . .
ti..:.:.:.:.:.• • • uotat~on
Page 3 of 9
Denton Municipal Utilities
February 27, 2007 ACS Quote No: EC07Q-6884 Rev 3
Item Qty Description Unit Price Total
Convex 30 (NTU--7530) Upgrcrcle o f MPR-3010 RTU at DWI, Jim Christal, SPl, Hickory ~ Locust Substations -Job numbers as shown below
■ One Isolated RS-232 or RS-485 ports for User
configuration as Master or Slave
■ One Isolated RJ-45 LAN port (In excess of 10, ODO data values returned to Gateway)
■ One Local Input Node, 075440 / 075441
■ New 32 DC Analog Inputs, 0-±1mA -DIN rail
mounted - 075073 x 2 -Replacement for one 480047
Single ended analog input module
■ Existing Digital inputs (Status / Accum) - 075302 -Use
existing DIM modules cabled to new Convex 30 card
ale. Add one 075302 if SOE or Dbl card files are
used.
■ New Interface cables as necessary
■ Use existing terminal block assemblies for DI field wiring
■ One Binary Output Node, 075420 / 075423, for interface
with existing relay modules
■ Adapter cable, if required, for 12 Vdc relays
■ One RS-232 Explorer & Monitor port
■ One SVdc Logic Power Supply, 540000
■ One 125Vdc Power Supply, 540010
■ No enclosure required - Installed in existing cabinet
■ AC S Warranty -15 months from ship date
■ One set NTU As-built drawings
■ One AutoCad Drawings on CD-ROM
■ One RTU Manual
3 1 Convex 30 (NTU-7530) Remote Terminal Unit, MPR-3O1OA
upgrade for SPI Substation (job 2281), including:
■ Remove Existing Power Supply from RTU
■ Use Existing Electronics card File
■ Remove All Existing Logic Cards -These slots are now $10,003 ~ 10,003
un-used
■ Do not remove Digital input cards ■ Remove All Existing Analog Cards -New Modules
listed below will replace in card file
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn rmm~wrmr~wr_ e,r•_•__ _r~~ _.i__ r._ _r _ •r _ _ _i_ ' __r_ i._ _ _i_ r•~_ i__ _ _ _ _i_ ~
rti,r. rrElr v its v: nmtmum 01 tZ montus from uate of quotation it not awarueu; transterreu to projectjoo ine wnen awarueu.
f. r•
'.s•~ r••• ~ t v r r • s 5
f I , . r F• n•7' i\.v ~ .,.•f FL. • • ..:in SF. • ....••••y • F. i' ! {J: r f .i.. .i+'~•
.T~': ~ • • h K
••••x K n. • . . + . .
ti..:.:.:.:.:.• • • uotat~on
Page 4 of 9
Denton Municipal Utilities
February 27, 2007 ACS Quote No: EC07Q-6884 Rev 3
Item Qty Description Unit Price Total
Convex 30 (NTU--7530) Upg~crcle o f MPR-3010 RTU at DWI, Jim Ch~istal, SPl, Hickory ~ Locust Substations -Job numbers as shown below
■ One NTU-7530 Electronics Card File, 541003 (No Intepnal
Modem)
■ One Router Module, 075401 ■ One Ethernet LAN/Dual Serial Gateway, DNP 3.0,
075404 / 075405, POS-0064, with:
■ One Isolated RS-232 port to Customer Provided Jungle
Mux
■ One Isolated RS-232 or RS-485 ports for User
configuration as Master or Slave
■ One Isolated RJ-45 LAN port
(In excess of 10, ODO data values returned to Gateway)
■ One Local Input Node, 075440 / 075441
■ New 32 DC Analog Inputs, 0-±1mA -mounted in
existing card~le - 075301 / 045440 x 2 ■ Use existing terminal block assemblies & scaling
resistors for AI field wiring
■ Existing Digital inputs (Status / Accum) - 075302 -Use
existing DIM modules cabled to new Convex 30 capd
ale. Add one 075302 in SOE or Dbl ca~d~les ape
used.
■ New Interface cables as necessary
■ Use existing terminal block assemblies for DI field
wiring
■ One Binary Output Node, 075420 / 075423, for interface
with existing relay modules ■ One RS-232 Explorer & Monitor port
■ One SVdc Logic Power Supply, 540000
■ One 125Vdc Power Supply, 540010
■ No enclosure required - Installed in existing cabinet
■ AC S Warranty -15 months from ship date
■ One set NTU As-built drawings
■ One AutoCad Drawings on CD-ROM
■ One RTU Manual
4 1 Convex 30 (NTU-7530) Remote Terminal Unit, MPR-3O1OA $16,628 ~ 16,628
upgrade for Locust Substation (job 2281), including:
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn rmm~wrmr~wr_ e,r•_•__ _r~~ _.i__ r._ _r _ •r _ _ _i_ ' __r_ i._ _ _i_ r•~_ i__ _ _ _ _i_ ~
rti,r. rrElr v its v: nmtmum 01 tZ montus from uate of quotation it not awarueu; transterreu to projectjoo ine wnen awarueu.
f. r•
'.s•~ r••• ~ t v r r • s 5
f I , . r F• n•7' i\.v ~ .,.•f FL. • • ..:in SF. • ....••••y • F. i' ! {J: r f .i.. .i+'~•
.T~': ~ • • h K
••••x K n. • . . + . .
ti..:.:.:.:.:.• • • uotat~on
Page 5 of 9
Denton Municipal Utilities
February 27, 2007 ACS Quote No: EC07Q-6884 Rev 3
Item Qty Description Unit Price Total
Convex 30 (NTU--7530) Upg~crcle o f MPR-3010 RTU at DWI, Jim Ch~istal, SPl, Hickory ~ Locust Substations -Job numbers as shown below
■ Remove Existing Power Supply from RTU
■ Use Existing Electronics card File
■ Remove All Existing Logic Cards -These slots are now
un-used
■ Do not remove Digital input cards ■ Remove All Existing Analog Cards -New Modules
listed below will replace in card file (job 2281)
■ One NTU-7530 Electronics Card File, 541003 (No Intepnal
Modem)
■ One Router Module, 075401
■ Three Ethernet LAN/Dual Serial Gateways, DNP 3.0,
075404 / 075405 x 3, POS-0064, with:
■ One Isolated RS-232 port to Customer Provided Jungle
Mux
■ One Isolated RS-232 or RS-485 ports for User
configuration as Master or Slave ■ One Isolated RJ-45 LAN port
(In excess of 10, ODO data values returned to Gateway)
■ One Local Input Node, 075440 / 075441
■ New 64 DC Analog Inputs, 0-±1mA -mounted in
existing card~le - 075301 / 045440 x 4
■ Use existing terminal block assemblies & scaling
resistors for AI field wiring
■ Add one spare 16 DC Analog Input, 075301 / 045440
■ Existing Digital inputs (Status / Accum) - 075302 -Use
existing DIM modules cabled to new Convex 30 capd
ale. Add one 075302 in SOE or Dbl ca~d~les ape
used. ■ New Interface cables as necessary
■ Use existing terminal block assemblies for DI field
wiring
■ One Binary Output Node, 075420 / 075423, for interface
with existing relay modules
■ One RS-232 Explorer & Monitor port
■ One SVdc Logic Power Supply, 540000
■ One 125Vdc Power Supply, 540010
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn rmm~wrmr~wr_ e,r•_•__ _r~~ _.i__ r._ _r _ •r _ _ _i_ ' __r_ i._ _ _i_ r•~_ i__ _ _ _ _i_ ~
rti,r. rrElr v its v: nmtmum 01 tZ montus from uate of quotation it not awarueu; transterreu to projectjoo ine wnen awarueu.
f. r•
'.s•~ r••• ~ t v r r • s 5
f I , . r F• n•7' i\.v ~ .,.•f FL. • • ..:in SF. • ....••••y • F. i' ! {J: r f .i.. .i+'~•
.T~': ~ • • h K
••••x K n. • . . + . .
ti..:.:.:.:.:.• • • uotat~on
Page 6 of 9
Denton Municipal Utilities
February 27, 2007 ACS Quote No: EC07Q-6884 Rev 3
Item Qty Description Unit Price Total
Convex 30 (NTU--7530) Upg~crcle o f MPR-3010 RTU at DWI, Jim Ch~istal, SPl, Hickory ~ Locust Substations -Job numbers as shown below
■ No enclosure required - Installed in existing cabinet
■ ACS Warranty -15 months from ship date
■ One set NTU As-built drawings ■ One AutoCad Drawings on CD-ROM
■ One RTU Manual
5 1 Convex 30 (NTU-7530) Remote Terminal Unit, MPR-3O1OA
upgrade for Hickory Substation (job 2281), including:
■ Remove Existing Power Supply from RTU
■ Use Existing Electronics card File
■ Remove All Existing Logic Cards -These slots are now
un-used ■ Do not remove Digital input cards
■ Remove All Existing Analog Cards -New Modules
listed below will replace in card file (job 2281)
■ One NTU-7530 Electronics Card File, 541003 (No Intepnal
Modem)
■ One Router Module, 075401
■ Three Ethernet LAN/Dual Serial Gateways, DNP 3.0,
075404 / 075405 x 3, POS-0064, with:
■ One Isolated RS-232 port to Customer Provided Jungle $16,628 ~ 16,628
Mux
■ One Isolated RS-232 or RS-485 ports for User configuration as Master or Slave
■ One Isolated RJ-45 LAN port
(In excess of 10, ODO data values returned to Gateway)
■ One Local Input Node, 075440 / 075441
■ New 64 DC Analog Inputs, 0-±1mA -mounted in
existing card~le - 075301 / 045440 x 4
■ Use existing terminal block assemblies & scaling
resistors for AI field wiring
■ Add one spare 16 DC Analog Input, 075301 / 045440
■ Existing Digital inputs (Status / Accum) - 075302 -Use
existing DIM modules cabled to new Convex 30 capd
ale. Add one 075302 in SOE or Dbl ca~d~les ape used.
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn rmm~wrmr~wr_ e,r•_•__ _r~~ _.i__ r._ _r _ •r _ _ _i_ ' __r_ i._ _ _i_ r•~_ i__ _ _ _ _i_ ~
rti,r. rrElr v its v: nmtmum 01 tZ montus from uate of quotation it not awarueu; transterreu to projectjoo ine wnen awarueu.
f. r•
'.s•~ r••• ~ t v r r • s 5
f I , . r F• n•7' i\.v ~ .,.•f FL. • • ..:in SF. • ....••••y • F. i' ! {J: r f .i.. .i+'~•
.T~': ~ • • h K
••••x K n. • . . + . .
ti..:.:.:.:.:.• • • uotat~on
Page 7 of 9
Denton Municipal Utilities
February 27, 2007 ACS Quote No: EC07Q-6884 Rev 3
Item Qty Description Unit Price Total
Convex 30 (NTU--7530) Upg~crcle o f MPR-3010 RTU crt DWI, Jim Ch~istcrl, SPl, Hickory ~ Locust Substations -Job numbers ccs shown below
■ New Interface cables as necessary
■ Use existing terminal block assemblies for DI field
wiring ■ One Binary Output Node, 075420 / 075423, for interface
with existing relay modules
■ One RS-232 Explorer & Monitor port
■ One SVdc Logic Power Supply, 540000
■ One 125Vdc Power Supply, 540010
■ No enclosure required - Installed in existing cabinet
■ ACS Warranty -15 months from ship date
■ One set NTU As-built drawings
■ One AutoCad Drawings on CD-ROM
■ One RTU Manual
6 1 Convex 30 (NTU-7530) Remote Terminal Unit, for Spare RTU,
including:
■ One NTU-7530 Electronics Card File, 541003 (No Internal
Modem)
■ One Router Module, 075401
■ One Ethernet LAN/Dual Serial Gateways, DNP 3.0,
075404 / 075405, POS-0064, with: ■ One Isolated RS-232 port to Customer Provided Jungle
Mux
■ One Isolated RS-232 or RS-485 ports for User
configuration as Master or Slave
■ One Isolated RJ-45 LAN port $ 7,956 $ 7,956
(In excess of 10, ODO data values returned to Gateway)
■ One Local Input Node, 075440 / 075441
■ One Binary Output Node, 075420 / 075423
■ One RS-232 Explorer & Monitor port
■ One SVdc Logic Power Supply, 540000
■ One 125Vdc Power Supply, 540010
■ ACS Warranty -15 months from ship date
■ One set NTU As-built drawings
■ One AutoCad Drawings on CD-ROM
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn rmm~wrmr~wr_ e,r•_•__ _r~~ _.i__ r._ _r _ •r _ _ _i_ ' __r_ i._ _ _i_ r•~_ i__ _ _ _ _i_ ~
rti,r. rrElr v its v: nmtmum 01 tZ montus from uate of quotation it not awarueu; transterreu to projectjoo ine wnen awarueu.
f. r•
'.s•~ r••• ~ t v r r • s 5
f I , . r F• n•7' i\.v ~ .,.•f FL. • • ..:in SF. • ....••••y • F. i' ! {J: r f .i.. .i+'~•
.T~': ~ • • h K
••••x K n. • . . + . .
ti..:.:.:.:.:.• • • uotat~on
Page 8 of 9
Denton Municipal Utilities
February 27, 2007 ACS Quote No: EC07Q-6884 Rev 3
Item Qty Description Unit Price Total
Convex 30 (NTU--7530) Upgrcrcle o f MPR-3010 RTU crt DWI, Jim Christcrl, SPl, Hickory ~ Locust Substations -Job numbers ccs shown below
7 1 OpEn Connect NTU-7500 Explorer & Monitor Software ~ 2 085 Paid
License (one-time fee; utility-wide license, with IED support) '
8 1 Additional NTU-7530 Gateway, 075402, P05-0032, ACS-7000 ~ 908 As
/ DNP 3.0. Requires 075403 for port terminations -item 9 required
9 1 Additional NTU-7530 Quad Serial RS-232/RS-485 Port ~ 538 As Termination Board, 075403 required
Sub-total ~ 72,589
Available Discount for Single purchase of all upgrades 2,178>
Shipping & Insurance ~ 360
Discount
A 3% quantity discount is available on a single Purchase
Order for all six (6) RTU's. Delivery may be scheduled for
3-6 months, with billing to occur after shipment.
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn rmm~wrmr~wr_ e,r•_•__ _r~~ _.i__ r._ _r _ •r _ _ _i_ ' __r_ i._ _ _i_ r•~_ i__ _ _ _ _i_ ~
rti,r. rrElr v its v: nmtmum 01 tZ montus from uate of quotation it not awarueu; transterreu to projectjoo ine wnen awarueu.
f. r•
'.s•~ r••• ~ t v r r • s 5
f I , . r F• n•7' i\.v ~ .,.•f FL. • • ..:in SF. • ....••••y • F. i' ! {J: r f .i.. .i+'~•
.T~': ~ • • h K
••••x K n. • . . + . .
ti..:.:.:.:.:.• • • uotat~on
Page 9 of 9
Denton Municipal Utilities
February 27, 2007 ACS Quote No: EC07Q-6884 Rev 3
NOTICE:
1. ACS has developed the various vendor device profiles based on information supplied by the vendor at the time of profiling for specific IED firmware versions. In the event the
vendor changes a device profile from the original ACS implementation, the customer
will be responsible for notifying ACS of any changes uncovered and for coordinating with the IED Vendor to contact ACS for profile
revisions and/or re-certification. ACS will do whatever is possible in working with the ACS Customer and his IED vendor. Either the
ACS customer or the Vendor must cover the cost for any additional Profile work not at the fault of ACS. Any errors or omissions in the profile at the fault of ACS will be corrected
as quickly as possible at no additional charge
2. This quotation has been generated for the customer addressed on the first page. A purchase order from the addressed customer will
be accepted, based on the quotation's validity (i.e., 90 days, etc.). If this quotation is turned over to another third party (i.e., Customer Subcontractor, etc.), ACS will have
the right to not accept athird-party purchase order. ACS has the right to re-quote specifically to a
third-party organization with possible adjustments to the "Payment Terms and Conditions" or pricing based on unknown or
questionable credit worthiness of the third-party purchaser.
3. ACS warrants its produced products and services to be free from defects in materials and workmanship for a period of 15 months
from the date of shipment. Third party warranties are passed directly to the customer without modifications. ACS' warranty is in lieu
of all other warranties expressed or implied, including but not limited to any implied warranty of merchantability or fitness for a
particular purpose. This warranty is based on ACS relying on the accuracy of the information and documentation, provided by the Purchaser, required for the selection of equipment
suitable to meet the requirements specified. The liability of ACS arising from the
supply or use of the equipment, whether it arises under warranty or otherwise, shall be limited solely to correcting the defects or
providing replacement parts to the Purchaser for the period of the warranty. In no event shall ACS be liable for special, incidental,
consequential or like damages, such as, but not limited to, damage to or loss of other property or equipment, loss of profits or revenue, or claims of customers of Purchaser for
service interruptions.
PURCHASE ORDERS: DEVICES AND DOCUMENTATION:
Advanced Control Systems, Inc. Advanced Control Systems, Inc.
2755 Northwoods Parkway 2755 Northwoods Parkway
Norcross, Georgia 30071 Norcross, Georgia 30071
Attn: Contract Administration Attn: IED DNP3 Certification Laboratory
The above quotation is valid for ninety (90) days. All prices are based on system purchase. All purchase
orders should be mailed to contract administrator at the above address.
This quotation contains proprietary information.
By: Michael Pohl Title: A~lications En ineer, Substation Integration
FORM ID: 4.3-002-004 ORIG. DATE: Nov., 1976 REVISION: 5 DATE: February 3, 2004
ROUTING: Customer Project ProposaUQuote File nrrn rmm~wrmr~wr_ e,r•_•__ _r~~ _.i__ r._ _r _ •r _ _ _i_ ' __r_ i._ _ _i_ r•~_ i__ _ _ _ _i_ ~
rti,r. rrElr v its v: nmtmum 01 tZ montus from uate of quotation it not awarueu; transterreu to projectjoo ine wnen awarueu.
ORDINANCE N0.
AN ORDINANCE DETERMINING A SOLE SOURCE AND APPROVING THE
EXPENDITURE OF FUNDS FOR THE PURCHASE OF HARDWARE TO UPGRADE
THE REMOTE TERMINAL UNITS (RTUS) AT FIVE DENTON MUNICIPAL
ELECTRIC SUBSTATIONS AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE (FILE 3758-PURCHASE OF REMOTE
TERMINAL UNITS FOR DENTON MUNICIPAL ELECTRIC SUBSTATIONS
AWARDED TO ADVANCED CONTROL SYSTEMS, INC. IN THE AMOUNT OF
$103,198).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the Clty COUnCII wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3758 Advanced Control Systems, Inc. $103,198
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-File 3758
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Retired and Senior Volunteer Program to assist with funding the
printing and mailing costs of the agency brochure; providing that this program serves a
municipal and public purpose; providing for the expenditure of funds and an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $500 from Council Member Guy McElroy
from his Council Contingency Funds. Key provisions of the agreement include:
■ Funds shall be used to help pay with funding the printing and mailing costs of the agency
brochure.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Payment will be made from the designated Council Members' contingency funds accounts.
Respectfully submitted:
_ _
'ih~ ~ L L i, r"3
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
~;l0ur Document~l~'dinances1~71RS'VP ~rdinance.doc
ORDINANCE N~.
AN ~RDfNANCE OF THE CITY ~F DENTIN AI~THRI~IN AN AGREEMENT BETWEEN
THE CITY OF DENTIN, TEAS AND THE RETrRED AND ENIGR VGL~CTNTEER
PR~CRAM TG AIT w~TH FUNDING THE P1TING AND 1VIAIIIIN CST THE
AGENCY BRGCHURE; PROVIDING THAT THIS PRGC~RAM EVE A M[JNICYPAE AND
PUBLIC P[JRPOE; PI~OVIDINCr FOR THE E~PENDITUE ~F FUNDS AND AN EFFECTIVE
DATE.
WHEREAS, the Retired and enlor Volunteer Program, aTexas non-profit corporation, the
iif~rgizatlan"} is dedicated tD meeting critical comrriunity needs by supporting local non-profit
agencies, schools, hospitals, and public safety organizations; the "Program"~; and
wHEI~EAS, the organization and the City of Denton desire to enter into an agreement to
provide for the continuance ofthe Prograrri,which agreement is substantially in the same form as the
agreement attached hereto and made a part hereof by reference the "Agreement"}; and
WHEREAS, the Clty Council ofthe City ofDentan hereby fends that the Agreement between
the City and the Organization attached hereto and made a part hereofby reference serve a rriunicipal
and public purpose and the Agreement is in the public interest; NOW, THEREFORE,
TIDE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The findings set forth in the preamble ofthis ordinance aro incorporated by
reference into the body ofthis ordinance as if fuller set forth herein.
SECTION 2, The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Public Service
Agreement, including the expenditure of funds as provided in the Public Agreement.
SECTION 3. This ordnance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 207,
PERRY McNEII~~,, MAYOR
i
ATTEST:
,~ENN~F~ V~Ai,T~ QTY ~R~TAY
~Y:
APPROVED LEGAL FARM;
~DIl~ ~VI. CITY ATTORNEY
BY:
Page ~
Lm
9 x~~ ~ .
C:1D~C~I1~aholjeyl~.o~ALS~11Temp1~VP Service 'eemer~t ~~47.doc
ERV~~ AI~E~E~I~'T
BET~~~ THE ~T~ 0~' DNT~N, TEAS ADD
ET~~D AND NY~~ ~?~L~JN~'~~R P~~CxRAM
This ~4greement i hereby entered into by and between the pity ofDenton, Teas, a ~onae yule
ll~urucipal orporatian, hereinafter re~'erred to as "pity" ~ and Retired and error volunteer Program,
a Texas Non-Profit ~arporation, hereinafter referred to as "RSVP":
wHERE~, pity has determined that the proposal for services merits assistance and can
provide needed services to citizens of pity and has provided funds its budget for the purpose of
paying for contractual services; and.
w~ERE~, tlus ~greeinent serves a valid municipal and public pu~po~ and is ~n tlae public
interest as it will assist locai Han-profit agencies, schools, hospitals, and public safety organizations
within the pity, among aver things;
~~w? T~EREF~~.E, the parties hereto mutually agree as follows:
I. ~pE ~F ERV~E
R~ shall in a satisfactory and proper manner perform the fallowing tasks, for which the
monies provided by pity naay be used: ;
f F
The farads being prodded shall be used by .SVP to assit,with the printing and postage costs
of an agency brochure that is distributed throughout the pity of ~entan and ~entan bounty. The
brochure will help to meet critical community needs.
~BLIGATI~N VP
In consideration of the receipt of funds from pity, MVP agrees to the fallowing terms and
conditions:
A. Five ~I~ndred dollars and Hall ~o ~S~o~oo} shad be paid to~VP by pity to be u~lized
for the purposes set forth ~n Article Y,
B. ~.VP will maintain adequate records to establish that the City funds are used far the
purposes authorized by this Agreen~er~t.
. R~'~ will permit authorized officials of pity to review its banks ~at any tune.
D. Upon request, R.vP will provide to pity its ~y Laws and any of its rules and regulations
that may be relevant to this Agreen~ent~
E. wlll not enter into any contracts that would encumber City funds far a period at
would extend beyond the term of this Agreenaenti
Lm
F, R~'P wild appoint representative who will be available to meet with pity aicials when
requested.
. RAP submit to pity copies of year-end audited financial statements.
' III. 'f~E ~F P~RF~RA~E
The services funded by pity shall be under~en and completed by organization within the
following time frame:
the term ofthi A Bement shall conence on the effective date and terrr~te September
2007, unless the contract is sooner terminated under Section 'Suspension or Termination'" ,
~V. PA~~`S
A. PA~N~T` To ~~P. ~it~ shall pay to R'. the sum specified in Article ~ aver the
effective date of this Agreement.
PA,YNIEI~C'~. RSVP shall refund to pity within ten ~1 waning days of pity's
re nest an sum of none which has been paid by pity and which pity at any time therea~er ~ ~ Y ~ .
determines:
~ ~ has resulted in overpayment to ~P; or ,
} has not been spent strictly in accordance with the terms of this Agreement; or
is not supported by adequate dacu.entation to filly justify the expenditure.
E~ALL~AT~~N
RAP agrees to participate in an in~plen~entation and maintenance system whereby the services
can. be continuously monitored, R~TP agrees to made available its fir~aniai records~for review by
i at pity"s discretion. Yn addition, RSVP agrees to provide ~it~the following data and reports, or
copies thereof:
A. All external or rnternal aud1ts, ~~F shall submit a cagy ofthe annual independent audit to
City within ten ~10~ days of receipt.
B. All external or internal evaluation reports.
An explanation of any major changes in program services,
D. To comply with this section, ~~P agrees to maintain records that will provide accurate,
current, separate, and complete disclosure ofthe status of funds received and the services performed
under this Agreement. ~'he record system of RSVP shad contain sufficient documentation to provide
Page af7
t ~ ~ ,
in detail full support and justification for each expenditure. RS~TP agrees to retain all books,records,
documents, reports, and v~ritten accounting procedures pertaining to the services provided and
expenditure of funds under this Agreement far five years.
Nothin the above subsections shall be construed to relieve RSVP ofrespQnsibility for g
retaining accurate and current records that clearly reflect the level and benefit Qf services provided
under this Agreement.
VI. DIRCT~RS` 1VI.~~TZNS
During the term of this Agreement, sha11 deliverto City copies afall notices ofn~eetings
of its hoard of Directors, setting forth the time and pace thereof v~herein this program is a part ofthe
subject matter of the meeting. such native shall be delivered to City i~ a timely ~a~aner to give
adequate native, and shall include an agenda and a brief description of the rr~atters to ~e discussed.
RSVP understands and agrees that City's representatives sha11 be afforded access to ail meetings of
its Board of Directors.
iVCinute of all nrxeetings of RSVP' governing body shall be available to City within ten ~I a}
v~arking days of approval.
'II. TER~NATI~N
The City may terminate this Agreement far case ifRVP violates y covenants, agreements,
or guarantees of this Agreement, the RSVP 's insolvency or filing of bankptcy, dissalution, ar
receivership, ar the RSVP' violation ofany lam or regulation to v~hich it is bound under the terms of
this Agreement. The City may terminate this Agreement for other reasons not specifically
enumerated in this paragraph.
VIII. UAL, ~PpCRTUNIT~ AND C011~PLIANC~ ~TI~ LASS
A. RSVP shall comply v~ith all applicable equal employment opportunity and aff~rative
action laves or regulations.
RSVP mill fi.~rnish all information and reports requested by City, and mill permit access to
its books, records, and accounts for purposes of investigation to ascertain compliance v~ith local,
State and Federal rules and regulations.
In the event ofnon-compliance by RSVP v~ith the non-drscrlmm~at~on requlren~ents, the
Agreement may be canceled, terminated, or suspended in whole ar in part, and RSVP may be barred
from further contracts vv-ith City.
Page of 7
i
t ~
YT !
R~'i' represents and warrants that:
a. Ail information, reports and data heretofore or hereafter requested by pity and
furnished to pity, are cornplete and accurate s afthe date shown on the infarrnation, data, or report,
and, since that date, have not underdone any significant change ithaut written native to pity.
Any supporting financial statements heretofore requested by City and Wished to
pity, are complete, accurate and fairly reflect the frnanciai conditions of R'p on the date shown on
said report, and the results of the operation for the period covered by the report, and that since said
data, there has been no material change, adverse or otherwise, in the f nancial condition of RvP.
. No litigation ~r 1ega1 proceedings are presently pending or threatened against RSVP.
None of the provisions herein contravenes or is in connict with the authority under
which RSVP is doing business ar with the provisions of any existing indenture or agreement of
RSVP.
RS~'p has the power to eater into this Agreement and accept payments hereunder, and
has taken all necessary action t~ authorise such acceptance under the terms and conditions of this
Agreement.
,
F. Done of the assets of RSVP are sub j eCt to any llen or encumbrance of any character,
except far current taxes not delinquent, except as shown ~n the financial statements furnished by
RSp to pity,
Each of these representations and wa~ra~atie sha11 be continuing and shall be deemed to
have been repeated by the subi.ssion of cash request for payment.
. HANCE ANA AN~El~~1V~E~T
A, Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the tuns of this Agreement expressly
provide that another method shall be used.
B. It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement, Any such
modi~catian are to be autan~atically incorporated into this Agreement without written ~rnend~nent
hereto, and shall become a part of the agreement on the effective date specified by the law ar
regu anon.
. 1~SVP sha~~ notify City of any changes in personnel ar go~rerning board composition,
Page 4 of 7'
i
i I
I
i i
I
I i
. INDEIVn~TF`IATI~
To the extent authari~ed by law, the RvP agrees to indemnify, hold harmless, and defend the
CITY, its officers, agents, and employees from and against any and all claims ar wits far injuries,
damage, loss, or liability of whatever kind or character, arising out of or connec~on with the
performance the vP or thane services con~ten~plated by this Agreement, includirY.g all such claims
or causes of action based upon carman, constitutional or statutory law, o~ based, in whole or in part,
upon allegations of negligent ar intentional acts of R.vP, its officers, employees, agents,
subcontractors, licensees and invitees.
~I, ONF~I~T ~F I~TE~ET
A. ~V~P covenants that neither it nor any member of its governing body presently has any
interest, direct or indirect, which would conflict in any manner ar degree with the performance of
services required to be performed under this Agreernent~ RSVP further covenants that i~ the
performance of this Agreement, na person having such interest shall be employed ar appointed a a
member of its governing body.
MVP further covenants that na member of its governing body ar its staff, subcontractors
or employees shad possess any interest in or use hislher position far a purpose that is or gives the
appearance of being motivated by desire for private gain far himselflherself, or others; particularly
thane with which helshe has family, business, or other ties,
. lea officer, ~nernber, or employee of pity and no xnenber of its governing body who
exercises any function ar responsibilities in the review or approval ofthe undertaking or carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest or the interest in any carparation,partnership, ax association ~ which he has direct
or indirect interest.
VIII. NOTICE
Any notice ar other written instrument required ux permitted to be delivered under the terms of
this Agreerrzent shall be deemed to have been delivered, whether actually received yr not, when
deposited ua the ~Jnited Mates mail, postage prepaid, registered or certified, return receipt requested,
or via hand~delive yr facsimile, addressed to RSVP ar pity, as the case may bc, at the following
addresses:
Page 5 of 7
Lm
t
~S
City of ~}enton, Texas liana Corona, executive ~irectar
Attn: City tanager RSVP
~ 5 . McKinney ~ 40~ Crescent, Suite ~
Denton, T ~ ~entan, 7~~~ 1
dither party nay change its n~..g address by sending notice ofchange ofaddress to the other
at the above address by certified nail, return receipt requested.
I~. IV,~ELL.~~U
shad. not transfer, pledge otherse assign this Agreement or any interest
therein, or any claim arising thereunder to any party or parties, banks trust company or other financial
institution without the prier written approval. ~f
Yfany provision ofthis Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shad remain in farce and effect and continue to conform to the original
intent of both parties hereto.
~n na event shad any payment to hereunder or any other act or failure of City
to insist in any one or mare instances upon the terms and conditions ofthis Agreement constitute or
be nstrued in any may to be a v~ver by pity of any breach of covenant or default which may then
or subsequently be committed by ~vP, neither shall such payment, act, or omission in any manner
impair or prejudice any right, pov~er, pv~ege, or remedy available to City to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No
representative or agent of Cif nay wive the effect of this provision.
I~, This Agreement, together with referenced exhibits and attachments constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion statement,
understanding, or other con~nlit~nent occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect hatoever~ unless properly executed in vesting, and
approprzate, recorded a.s an amendment afthis Agreement.
This Agreement shall be interpreted ire accordance with the lames ofthe State of Teas and
venue ofany litigation. concerin.ing this Agreement shall be in a court ofcornpetent jurisdiction sitting
~]enton County, ~'exas.
i
P
~ ~TNE '~RE~F, the pare do hereby a~"~x heir s~gr~a~ures and enter into this
Agreement a~ of the ~ dad of ~OO7.
PASSED AND APPR~~~D this the dad of ~~7.
PER~Y R. cNE~~, A~Y~I
ATTEST:
~ENN~FER A~TE~S, CITY SECRETARY
BY:
APP~.CED T~ LEGAL F~RNI:
EDEN . SNY~DER, CITY A Q1EY
B~:
d
~Y:
DIANA CORONA
C~JTE DIRECTOR
ATTEST:
E~;
BARD SECRETARY
Page 7 of 7
l
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-82
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of a music festival,
the 1St Annual Summer Showdown, sponsored by the North Texas State Fair Association, located
at 2217 N. Carroll Blvd. The event is to be held on Saturday, June 9, 2007, beginning at 11:00
a.m. and concluding at 1:00 a.m. The exception is specifically requested for extension of the
ours o operation.
BACKGROUND
Glenn Carlton, Executive Director of the North Texas State Fair Association, has submitted a
request for an extension in the hours of operation for this event. This first time event will
include live amplified music and a sanctioned chili cook-off. The event will be held as a
fundraiser for the Association's various youth programs and scholarships.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request
Respectfully submitted by:
Emerson Vorel, Interim Director
Parks and Recreation
Prepared By:
Janie McLeod
Community Events Coordinator
1
.
tir tir ~ ~ ~ ~ sr r 'ti4 r
_ 1~L•1~: 'r 1 ti ti .ti 1
ti~ J I ti 'r_ 11 'T •.1 1 1I5r 1
h1 r ,y4 ti .5 i ~yr ~ ~ ' y • . r f'~
r' . ti{,.S r ~irtiY: **~'~T~ r
' S + ,1 1 .fir .{xy .r• ti 1 iLl 1 r .1
i r1 ~ .r
r tit..
• ~ # h rr til{. ~
k .1~ 'n:. ~ : +Y. .w •ti Stir ti .r
•ti h ti ~~r~~ i 5~ ~ ~1 _ r 1?F ~ 1.
r• 5• VI ~ 5 1 h- ~-~Lr ti 1 ~
~ r. r yS
1 •V •rl i .1 r'{
a .ti - v
t
1'~ .1 V 1• V •_..J y}{, ~1} 1 1 Y l If
5r r YY'ir . }r.r.. . . 1~•. ti .r r .r. i rv Y Y' ~•t ~ eS'rti ti Yr
.n .i. r' } i r ti 1 .tiy _ i~{ ' •r •r •r. ~rr •r .r• S~ } ; 'til ^N ,r.
1 ti ti r _ v .1 r t -
r r
.r 1
f ~ r _ • 1 r ~ ~ .•J •1 ~~r r • z • w• r. f•. r. V ti• 1 ti .•ti n
~ '
ti 1. 1 tir i. •1 _
1 ik { .ti ~ ti•4 ~k • }{rti{I1. 5•V; ~ i M~ #f~4 rr rtitr ~'y' •5{;~ yrr' ~ 'r~•~f' - 'r: ~V. 4{}•{~. ti1Y ti~~. rtir
ti ~'r 4. 1 ,r r ti L k 1. ti ti - r • ~ f ti of ti7 : r
1 • u ~ ~ • ti Y'k '.ti.... '~n+~i S}: ~ :fir'. .ti ..:}'r. ~ .:r~~CirA rn J4t:7~ .:'~'ti~}~iC~=~{ ti
A 1 ~ ~ rr15 7 Ir h~ . h" , ~ r
Y r _ 1 1 _ . r ~ ti. ti•• rkY. .f f
•~r• { Vr ~ . 1•. ..5. 1 } ~
1 • 7y ti . 11 - x 1 .5•{ ~ ti r~. x~{ .1 1 L 1
ti { ~ •-fr:: rl r. f ~ 'r r 1 k r'. ~I~i ti 1 •v f r 4 ~ :f0.. {1 . 1f r r . til 1• •1 } •z ti y 1
r . '1 •r5 ti. 1 S rr. ~ r
~rf j. ~.L f~. r 1• 1. 4 5 r .f 1 1 k r, r •1' 5 L ~ -1`
¢ V S1 -1 •'lr 1 ~ •~'~?L~ r: •vh5 ti- ~ : r 1 : :'r. +{}t~' -.frr:. ~ tik l.x~ ti.l r fJtih •r.,~. 4{'• 5r.h •tir. f ~ •I~f
l ~ 1 r •~ti~. h
.1. r ~1 '15 V "15 ~P V } l rf K•
_ r r . r: ' ti' r r
ti ti' ~ r r• f - .x •5ti5• $ •v 1 ~ i
ti 1 r ~ 1 ti r ' .5 h ti ti r L' V
• V f ' 1 r tirf ~ i•
.5 1 ti- r
S V •r~r r ~ r} '
• x ~ ~ ,1 '1-
4~ r
:r'' ti f ti 'r 1'
r' - 5 r r 1: • r 1
h 5 1 .1
.Y. r:•. J{ S s _
i ~ ti ~ 1I 1 . I} ..n r} i~:~ .'~s.•.'~s.' • 1• tip. ~ .'1 .ti} ~r ~ .'Itti :'.S 'h'~s~ •5~~~: JS r r 1 •?i '•I x
•I 1~'.k •~hr~•• ~ r.
11 1 •1 • ~ 1
hxninit
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas,
supporting Super Bowl XLV and its related Super Bowl activities in the North Texas
region; and providing for an effective date.
BACKGROUND
Mayor McNeill requested that this item be placed on the May 1, 2007 City Council
agenda.
Respectfully submitted:
Jennifer Walters
City Secretary
S:1Qur 1~~curnentslResolutions1471Super Bn~v] ~LV.~~c ;
~ESOLUTI~N N~.
RES~L~JTI~N ~F THE CITY ~UNIL ~F THE ~IT~ ~F DENTON TEAS a
S~PP~~T~N SUPER B~wL LV AND ITS RELATED SUPER B~wL, ACTIVITIES Il~
THE NORTH TExAS EI~N; AND PROIDINC~ FAR AN EFFECTS DATE,
WHEREAS, the National Football League the "League"~ owns, produces anal controls
the annual prafessional faatball championship game known as the "Super Bawl," the largest
natianal annual sporting event held in this country; NFL Properties LLC ~"NFLP" ar, together
with the League, the "NFL"} awns, produces and controls the `AFL Experience," and along with
other NFL Affiliates awns, produces and cantrals certain other events assaciated with the Super
Bawl ~"official Events"} ~~fficial Events together with North Texas Super Bowl ~L,~ Bidding
am~].lttee, 111. ~ccH~5t Camrr~lttee"~ events are referred ",uper Bawd A~tlvltles"~; and
WHEREAS, a Super Bowl has never been held in the North Texas l~egian, and
WHEREAS, the City of Denton along with the entire North Texas I~egian is desirous of
hosting Super Bowl LV and its related Super Bawl Activities; and
WHEREAS, the North Texas Region halting the Super Bawl LV and its related Super
Bowl Activities will generate goodwill, enhance the worldwide renown and prestige of the City of Denton, create temporary jobs and create substantial bene.cial econan~ic and fiscal
activity,
and
WHEREAS, s part of the formal bid of the North Texas Region to be designated as the
site far Super Bowl ~LV and its related . Super Bowl Activities and in antioi atian of
p accamadat~n arrl~.n Super Bawl vis~tars 1f the North Texas I~eglan 1s sa designated, the City
Council of the City of Denton wants to express its support far Super Bowl L~ and its related
Super Bawl Activities; NDw, THER.EF~RE,
THE COUNCIL DF THE CITY ~F DENTIN HEREBY RES~L~ES:
SETI~N 1. The findings cantair~ed in the preamble of this Resolution are determined
to be true and correct and are hereby adapted as a part afthis Resolution.
SETI~N 2. The C1ty ~auncll welcon~.es and expresses strong support for Super Bawl
L~ and its related Super Bowl Activities to its j urisdictian and to that end declares its full
support of the efforts of the Host ornr~a.ittee to have the North Texas Region selected as the site
far Super Bawl L~l.
SECTION Upon designation of the North Texas Region a.s the site far Super Bawl
L'~, and at all tunes therea~er, the pity ofDentanx and its agencies, de artinents and ersonnel P p
agree to provide all governmental services including without limitation public safety, security,
fire and rr~edicl emergency, traffic, decorative display and public orkslstreet maintenance
services and supplies} at na cast, expense or liability to the NFL or the two partici atin Teams p g
the Teams } or the Host Committee whether, recagni~mg the uniqueness and etraordin
i
:lour documentsl~esolutinns1071super ~ow~ xlv.doc
scope of the Super Bowl, such services are below, equal to or beyond the normal level and ran e
of public safety services usually provided for events held within the jurisdiction includin all ~ i . . ~
planning, training ar deployment activities related to the provision of such services.
SECTI~1~ 4. The City of Denton agrees that ~t shall not authorize an s ansarhi s of
the ~ y ~ P City of Denton far Super Bawl events during the two weeps prior} throe the week
following, of the Super Bawl LV and its related Super Bawl Activities.
SECTION upon designation of the North Teas Region as the site far u er Bawl A
L~, City Council hereby directs all City agencies, departments and personnel to cvardinate all
governmental services within the City with those Ervin other jurisdictions in the North Texas
Region, the State of Teas and other appropriate gaverninental authorities and ar anizations and g
to cooperate with the Host Co~n.ittee to ensure that the North Texas Region is the best ossible p
halt of the Super Bawl ~L~ and Its related Super Bowl Activities.
SECTION The City of Denton agrees that neither the NFL, the Teams, the Host
Committee, rear any director, shareholder, officer, agent, eniplayee ar other re resentative of the NFL or the Teams or the Host Committee shall be held accountable far or incur
an financial
Y responsibility to Crty of Denton of any find or nature whatsoever in connection with the
governmental services planned andlor provided by the City of Denton relating to Su er Bawl
p ~L~ and its related Super Bows Activities including without limitation raw enfarcen~ent and
public safety services, fire and emergency medical services, construction and ennittin services
. p g and caordrna~ori with other governmental authorities}.
SECTION 7, This resolution shall became effective immediately upon its assa a and
p g approval.
PASSED AND APPRD~ED this the day of ~~0~.
PERRY R. NIcNEILL, MAYOR
ATTEST:
JENNIFER wALTERS, CITY SECRETARY
BY;
APPRDED A TD LECxAL ~ RM:
EDwn~ ,CITY TT~RNEY
BY; ,
Page Z
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8232
SUBJECT Z06-0025 (Robson Ranch Retail Zoning)
Hold a public hearing and consider adoption of an ordinance regarding the rezoning of
approximately 23.84 acres from Rural Residential (RD-5) to a Regional Center Residential 1
(RCR-1) zoning district. The subject property is generally located at the northwest corner of I-
35Wand Robson Ranch Road. The Planning and Zoning Commission recommends approval of
this rezoning request (7-0).
BACKGROUND
Applicant: VVinkelmann & Associates, Inc. Dallas, TX
The subject property was annexed into the City on April 3, 2007 and the initial zoning district
given to a property once it has been annexed is Rural Residential (RD-5). The applicant is
requesting to rezone the approximately 23.84 acres site from Rural Residential (RD-5) to a
Regional Center Residential 1 (RCR-1) zoning district. The purpose of the request is to
combine the zoning classification on the subject parcel with the zoning classification of the
parcel directly south into one contiguous zoning district. The subject property is proposed to be
part of a larger retail center development.
Public notification information is provided in Exhibit 6. As of this writing, staff has not received
responses from property owners within 200 feet of the subject site.
PRIOR ACTION/REVIEW
January 9, 2007 First City Council Public Hearing
January 23, 2007 Second City Council Public Hearing
January 10, 2007 Planning and Zoning Public Hearing
OPTIONS
1. Approve as submitted.
2. Approve subj ect to conditions.
3. Deny.
4. Table item.
1
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0) of this rezoning request.
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Map
7. Applicant's Letter for Zoning Change
8. Planning and Zoning Commission Minutes -January 10, 2007
9. Ordinance
Prepared by:
x
. f f ~ ~f
Ron Menguita
Planner III
Res ectfull submitted:
.~s . 4 /
iP~ .
Brian Lockley, AICP
Interim Director of Planning and Development
2
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFFANAL YSIS
CASENO: Z06-0025 DATE TO BE CONSIDERED: May 1, 2007
LOCATION: The property is generally located at the northwest corner of I-35w and
Robson Ranch Road.
APPLICANT: Winkelmann & Associates, Inc.
6750 Hillcrest Plaza Drive, Suite 100
Dallas, Texas 75230
OWNER: Robson/35VV Investors, L.P.
7001 Preston Road, #500
Dallas, Texas 76205
RE VEST: Adopt an ordinance to rezone approximately 23.84 acres from Rural
Residential (RD-5) to a Regional Center Residential 1 (RCR-1) zoning
district.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of
this rezoning request (7-0).
COMPREHENSIVE PLAN The subject site is located within a Regional Mixed Use Center
DESIGNATION: future land use designation.
For a regional activity center, the focus area contains the
shopping, services, recreation, employment, and institutional
facilities supported by and serving an entire region. A regional
activity center could include a regional shopping mall, a number
of major employers, restaurant and entertainment facilities, a large
high school or community college, and high-density housing. A
regional activity center is considerably larger and more diverse in
its land uses than any other activity center. It includes vertically
integrated uses where different uses may occur on each floor of
the building." The proposed RCR-1 zoning district is consistent
with the comprehensive plan designation.
SITE AND SURROUNDINGS: The property is currently undeveloped.
North: Agricultural -undeveloped land
South: Regional Center Residential 1(RCR-1) -undeveloped land
West: Agricultural -undeveloped land
East: Agricultural -undeveloped land
3
BACKGROUND INFORMATION:
The subject property was annexed into the City on April 3, 2007 and the initial zoning
district given to a property once it has been annexed is Rural Residential (RD-5). The
applicant is requesting to rezone the approximately 23.84 acres from Rural Residential (RD-
5) to aRegional Center Residential 1 (RCR-1) zoning district. The purpose for the request is
to combine the zoning classification on subject parcel with the zoning classification on the
parcel directly south into one contiguous zoning district. The subject property is proposed to
be part of a larger retail center development.
The Hunter's Ranch development surrounds the subject property and the applicant is working
with the developers of the Hunter's Ranch development in planning this commercial
development. The draft zoning plan for the Hunter's Ranch development show commercial
use to the west, high density residential to the east, and medium density to the north of the
subject property. Currently the area surrounding the subject property is vacant and is zoned
Agricultural.
ANALYSIS:
Development Code/Zoning Analysis
The following table highlights the differences in uses permitted between the RD-5 and RCR-
1 zoning districts.
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P N
Accessory Dwelling Units P N
Attached Single Family Dwellings N P
Dwellings Above Businesses N P
LivelWork Units P P
Community Homes For the Disabled P P
Group Homes SUP SUP
Multi-Family Dwellings N L(4)
Manufactured Housing Developments P N
L(4) =Multi-family is permitted only:
1. With a Specific Use Permit; or
2. As part of a Mixed-Use Development; or
3. As part of a Master Plan Development, Existing; or
4
4. If the development received zoning approval allowing multi-family use within
one year prior to the effective date of Ordinance No.2005-224; or
5. If allowed by a City Council approved neighborhood (small area) plan.
L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional
animals maybe added at a rate of one per each acre over three.
~ ~
Home Occupation P P
Sale of Products Grown on Site P N
Bed and Breakfast L(10) L(8)
Retail Sales and Service N L(17)
Movie Theaters N SUP
Restaurant or Private Club N L(11)
Professional Services and Offices N L(15)
Laundry Facilities N P
Equestrian Facilities P N
Outdoor Recreation P SUP
Administrative or Research Facilities SUP SUP
Broadcasting of Production Studio SUP SUP
Temporary Uses L(38) L(38)
L(8) =Travelers' accommodations, are permitted, provided that:
1. The business-owner or manager shall be required to reside on the property
occupied by the accommodation, or adjacent property.
2. That each accommodation unit shall have 1 off street parking space, and the
owners shall have 2 parking spaces. All spaces shall be in conformance with the
requirements of the Off Street Parking section of this Chapter.
3. That only one ground or wall sign, constructed of anon-plastic material, non-
interiorilluminated of 4 sq. ft. maximum size be allowed. Any exterior
illumination of signage shall be installed such that it does not directly illuminate
any residential structures adjacent or nearby the travelers' accommodation.
4. That the number of accommodation units allowed shall be proportional to the
permitted density of the zone. Each traveler's accommodation unit shall be
counted as 0.6 units for the purpose of calculating the permitted number of
trave er's accommo atlons.
5. All traveler's accommodations shall be within 200 feet of a collector or arterial.
Street designations shall be as determined by the City Comprehensive Plan.
5
Distances shall be measured via public street or alley access to the site from the
arteria .
6. Excluding the business-owner's unit and the area of the structure it will occupy,
there must be at least 400 sq. ft. of gross interior floor space remaining per unit.
7. Traveler's accommodations are limited to no more than 8 guest units.
L(10) =All restrictions of L(8), but limited to no more than 5 guest units.
L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than
100 seats and no more than 4,000 square feet of restaurant area.
L(15) =Uses are limited to no more than 5,000 square feet of gross floor area per lot. An
SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges.
L(17) =Uses are limited to no more than 25,000 square feet of gross floor area per use,
except grocery stores maybe larger with approval of an SUP.
L (38) =Must meet the requirements of Section 35.12.9.
~ ~
Feed Lots SUP N
Wholesale Nurseries P N
Kennels L(14) N
Veterinary Clinics P SUP
Gas Wells L(27) SUP
L(27)
L(14) =Uses are limited to no more than 10,000 square feet of gross floor area.
L(27) =Must comply with the provisions of Subchapter 22, Gas Well Drilling and
Pro uction.
~ ~
Basic Utilities P SUP
Community Service N P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges N P
Adult or Child Day Care P P
Kindergarten, Elementary School P P
6
Middle School N P
High School N SUP
Elderly Housing N P
Medical Centers N SUP
The chart below illustrates the development standards of the RD-5 and RCR-1 zoning
districts. The following limits apply to subdivisions of less than 1 o acres, and all lots that are
adjacent to the perimeter of a subdivision for RD-5 and all buildings within RCR-l
~
Minimum lot area 5 acres None
Minimum lot width 200 feet 50 feet
Minimum lot depth 250 feet 80 feet
Minimum front yard setback 50 feet 10 feet
Minimum side yard 10 feet 6 feet
Minimum side yard adjacent to a street 50 feet 10 feet
10 feet, plus 1
foot for 10 feet plus 1 each foot for each
Minimum rear yard foot of foot of building
building height above 30 height feet
over 20
feet 30 feet plus 1
Minimum yard abutting a single family foot for each
use or district NIA foot of building height above 30
feet
The following limits apply to subdivisions of more than 10 acres in lieu of minimum lot size
and dimension requirements for RD-5 and all buildings within RCR- l
~
Maximum density, dwelling units per acre 0.2 NIA
Minimum building separation 30 feet NIA
Minimum residential unit size NIA 600 SF
Maximum FAR NIA 0.50
Maximum Density, dwelling units per NIA 30 acre
7
The following limits apply to all buildings:
~
Maximum lot coverage except for 15% 55%
agricultural buildings
Minimum landscaped area 75% 45%
Maximum building height 65 feet 40 feet
Maximum FAR except for single-family None NIA uses
Minimum yard when a use other than None NIA
single family abuts a residential zone
DEPARTMENT AND AGENCYREVIEW:
The Development Review Committee has reviewed the rezoning request and provided
comments and general information. All comments have been addressed by the applicant.
FINDINGS:
The subject property is currently undeveloped and is part of a larger proposed retail center
development. The purpose for the request is to combine the entire 35.45-acre parcel into one
contiguous zoning district.
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 proposed RCR-1 zoning district is consistent with the comprehensive plan
designation of Regional Mixed Use Center.
A Regional Mixed Use Center is described in the Denton Plan as a regional activity
center, the focus area contains the shopping, services, recreation, employment, and
institutional facilities supported by and serving an entire region. A regional activity
center could include a regional shopping mall, a number of major employers,
restaurant and entertainment facilities, a large high school or community college,
and high-density housing. A regional activity center is considerably larger and more
diverse in its land uses than any other activity center. It includes vertically integrated
uses where different uses may occur on each floor of the building. "
The Regional 1~lixed Use Center land use designation was designed to allow uses
such as shopping services and recreation that supports the entire region. The
applicant is proposing a retail development that will be accessed from Robson Ranch
Road. The proposed retail development will be consistent with the proposed retail
development to the west, part of the future Hunter's Ranch development.
8
Considering the proposed development of the subject property and the proximity to
an future regional activity center and the proposed land uses within the subject area,
staff feels that the proposed zoning district is consistent with The Denton Plan land
use goals and principles.
2. The proposed rezoning facilitates the adequate provisions of transportation, water,
sewers, schools, parks, other public requirements and public convenience.
The adequacy of transportation, water, sewers, other public requirements and public
convenience will be provided with his development and these provisions will be
dedicated through the Preliminary and Final Platting of the subject property.
9
EXHIBIT 2
Location Map
{
•x:
x:
Feed
EXHIBIT 4
Proposed Zoning Map
...............................................................................................................................................................v..............................
.....................................................................................................................................vvv
S
I. I~
.X
•ti........... 511 .'K ri• . ....................................h r's: {:rs ...r v. ~$.\.'v vvvvvvvvvvvvvv~ I•} . f
x.... r f •.'I IF y,
f.~• r F~ l 1 n f Y I:
~ S... 'V• ~ {'f~ y ~ Y i.} .l s'} .K f•• a ~ r•~.r
I _ A 1~ 1 4• 5 n.. ~ f~ f~~f 1 F ~r f:' y I f. + ~
+ s. r ~ f•• • .
Fe~e~! ~ 200 400 800
EXHIBIT 5
Future Land Use Map
~ Fr...,...~ f.::.~.~.,..
+ { • F r ~3 f + ~ 2
x i..' . ~ i' 11: i 1~'. ~ F~ J Y Y ~ . s; F,•
J k '..r ~ 1 r r F ..r • -
' S Y Ir
f ..ht'
Feed
EXHIBIT 6
Notification Map
t r •A I I I
r
k
i• •I
. r~.
........................................................................h .f . < r, r {
v ~~f 1 a`• 'r. 4
l' ~I: . ...T~JR f •f I , F:' ti x• +~•V '
f[~iJ r ~ ~f'
t . . r J ............................~y...::• ' ....::::::::::::::::xxxx.:.:.:.:.:.:.:. •f ~ I ' is
f /.+~.v k r li A .:f+'. iiY { I
~'r t: •x: t ~ t . i1. t: •x. t x t . t: •x. t x t . t: r t: ~ .i
t: x t: x t: t: ~ .r t: ,r 'r: t: t x 5+r
~ •Y .td . ~ ,c } ,c ~ h ~ •iF r j,•
x x i:. x of ' x ,r 'r
• h ' Y .x ~ f i+ I • ~ ,i: .ti "r k. x• • r .ti
• f :x. .5 :x. ~ Y
+K.f'+ n• r I
' ~ ~ I i J.: r 5+r
tir 5+ ' x: ~
x. x. iY s 5 s;
~ ry f r.; .s ~ w••
'I 4 h ++^r W ' f r .s •
'ri~E .ti• 5 t. t x r • ' I'. ~:•v ~ 5~ J r
r
.J; ~ 5
rx. .i •A fJ•f[ x ' .S
~ ! f r _ I'+ ,5} i~ I• 'il. i I: Y
~ 4 r . 'x~.... ' • rrrrrrrrrrrrr
- r •.'i f~ r:
• } .5 Y ~ , + _
•Y t' .l• ~ ~ ••hf
h`{ r ..f \ . • Jr 5' x . . ~~y ry Y~' 1S~ 'J J F_ t 1 I• y i ' f { h' ' .i ~
5 J if fl f~ vl + ' I' + + i y v .....5.. +..r Y r r•..........
Public Notification Date: 12/22/06
200' Legal Notices sent via Certified Mail: 2
500' Notices sent via Regular Mail: 2
F Number of responses to 200' Legal Notice
~ In Opposition: 0
■ In Favor: 0 ■ Neutral: 0
i I i~ I I
j i i I,i
~
~
fi7'S0 HILLCREST PLAZA DRIVE, SUITE 1~0 ~ DALLAS, TE7CAS 75~3o I
~~72~ 4go~7090~P} X972} 4go-7~99(F} ~
epternber 6, ~oo~
Mr, Ron Men uita 94~~49-841 gyp} 9
pity of Denton g~0~~49-~~4~~f}
N. Elm ~ ~
Denton, texas T~~~ ~ ~
. , j RE. Robson Ranch Befall Zaning
Dity Project No. Zo-~0~5
. 1:
Mr. Menguita:
~
Attached lease find the revised zonin exhibit, field note description and PDF file of drau~~n ~ or ~ ~ ~
the. above referenced zoning case. ~
~i g p }
Ie ~vould like to amend our current zonin request blast submitted a tember 18, ~DO~ zone the entire tract as RJR-~ . 1Ne understand that the zoning of this property can't
be {
completed until the annexation ~AOB-ooo3} has occurred. ~ ~
. ~ ~ ;
If osible lease plan to schedule the zoning case the next available meeting after the . p ~ ,
annexat'IOn ~AOfi~o~O} is complete.
1° i
Piease call or a-mail if you have additional comments or questions.
a
Sincerei , ' is y
~ ~ i
J. Elamr RPI~~ ~
rir~ci al I ~ ~ j.
belam awinkelmann.com
cc: Robsor~l3~Vlllnuestor 1 c1o United Commercial Development I' I,
David Dunning ~ Cordon Edwards ~ 701 Preston Read, Sine 5Q4 ~
i Daiia, Texas 752~~ ~ i
l~
I'
I
i
I' 1'
I i
09--8-0~ ~ 1 ~ ~ ~VD
i
1!
~p
li
ondc~s~It
Page ~ 9 Page ~ 1
1 COMMISSIONER STRANGE: Next item i5 Itel~i 1
~ No, SC, which is the rezoning of approximately X3.84 acres ~
3 from rural residential ttp-s zoning to a regional center 3
4 residential 1, RC~i-~ zoning district. Mr, Menguita. 4
~ ~r~. MENCrUITA; Thank you, Chair, members of 5
the Colrunission. This property is the sane property that ~
we had discussed regarding the annexation, The request is 7
$ for a zoning change from n~-s to ~cR-1. quick background, g
the property will he ~r~-s once annexed. That is the 9
1 D default zoning district that it's given t~ a newly annexed 1 ~
11 property. 11
1 ~ The applicant, again, is requesting that it 12
13 be rezoned to ~c~-~. That is to match the property to the 1 ~
l4 south in this area here. If approved, the site would be 14
15 R-1 aryd the developer is looking at putting together a 1~
~ ~ retail devclopm~.~t center on the north side of 1 ~
Z 7 northwest side of I-35 and Robison Ranch. 1 ~
1 S The Comprehensive Plan designates this 18
19 areax regional rn~xed use which is COn5i5tent with the 19
2~ zoning district request that the applicant is requesting. 2.~
21 Pursuant to ~5,3.4.1~, zoning amendments, shall be issued ~1
Z2 only when the following standards l~a~~c been rnet. staff 22
~3 has re~~iewed it and all conditions have baen met and staff
~4 recommends that this rezoning request be approved. I'd 24
25 like to note that notification was sent out and no ~
Page 3a Page ~2
1 colx~rr~ents or responses were received as of today,
~ C~MwII~~IpNER STRANGE; Any questions of ~
3 staff? Thank you, Mr. Mer~guita. 3
4 MR. MENG[]ITA: Okay, 4
~ Cq:l~i'.NY,S~I~NER ,STRANGE: we'll open the S
6 pub~ie hearing. Is the applicant here and do they wish to ~
? speak? ~o we have any cards an thzs item? That's the ?
8 applicant. Anyone else here wish to speak on this item? 8
9 If not, we'll close the p~biic hearing. And do we have a ~
1 ~ motion on this item? 1 ~
11 C~MMISSI~NER EAGLET~'~r: Sa moved. I ~
1~ C~MMI,~~I~NER STRAN~~: we have a motion by 12
13 Mr. Eagieton. Do we have a second? 13
1 ~ ~G'.1~'I~IISSIONER THI~ODEAU~: 5ecand. 14
15 COMMISSIONER STR4'~`GE; I have a second by 15
z ~ Dr, Thibodeaux. Do we have any discussion? ~f not, 1 ~
17 please vote. And the ite~r~ passes 17
18 lg
19 l~
2~
21 ~1
~2
23 ~3
24 25 ~S
PLA,NN & ~~NIN ICULAR SESSION, JA~T[]ARY 10, ~~07 Pa ~ 2~ - Pa e
S:lOur D~cumet~tslardinancesl~?IZ~6-O~ZS fi~al.doc
ORDINANCE NO.
AN ORDINANOE OF THE ~~'~Y OF DENTON, TEXAS, ~ON~NC UNDER THE
REC~ONAL CENTER RESIDENTIAL ~ {R~R~I~ ~ONINC DISTRIOT CLASSIFY A C TION
AND USE DESICNATIO~V, APPROXIMATELY X3.54 A~R.E, GENERALLY LOCATED
ON THE NORTHWEST CORNER OF I-~Sw AND ROESON RANCH ROAD
LECALLY DESCRIBED AS A TRACT OF LAND SITUATED WITHIN THE E. PIANO
SURREY, ABSTRACT IVO.994, DENTON COUNTY, TEXAS AND BEICN A PANT OF A
TRACT LAND DESCRIBED IN A DEED FROM WILLIE J ESTES B L TO
CELIA ESTES COLEMAN AS RECORDED IN VOLUME 4498, PACE ~0~ OF THE REAL
PROPERTY RECORDS DENTON COUNTY, TE~.AS; PROVIDINC FOR A PENALTY IN
THE 1VIAIIVRJ AIVIOUNT OF ~,OaO.a~ FOR VIOLATIONS THEREOF' AND
PR~VIDINC FOR SE~ERA,BILIT'Y AND AN EFFECTIVE DATE. ~0~-~o2S { }
WHEREAS, winkelann Associates, Inc. has applied for initial zonin for
approximately X3.4 acres frorr~ Rural Residential {RD-5} zoning district to a Re 'oval tenter
Residential 1 {RCR~1}zoning district classification and use designation; and
WHEREAS a on January 10, X007, the Planning and caning Commission concluded a
public hearing as required bylaw, and recommended approval of the re uested char a in zonin q ,
and
WHEREAS, the pity Council finds that the change is consistent with the Denton Plan and the Development Code; and
WHEREAS, the subject property was annexed into the City on A ril 3, X007 ~ NOw
p THEREFORE
THE COUNCIL OF THE CITY OF DENTON HE
REBY ORDAINS
SECTION 1. The findings and recitations contained in the preamble afthis ordinance are
incorporated herein by reference and found to be true.
SECTION The zoning district classification and use deli ation fora roximatel
~ ~ 1 . ~~.54 acres of land described ~n Exh~blt "A", attached and incorporated hereto as a tract of land
situated within the E. PIANO SURVEY', ABSTRACT NO. 994, Denton Count Texas an
Y~ d being part of a tract of land described ~n a Deed from Billie J Estes Brahn~all to Delia Estes
Coleman, as recorded in Valurrie 4495, Page of the Real Pro ert Records Dentan Count
i L ! ~ ~ y3 Texas, {tl~e Property is hereby established far the Property under the Re Tonal Center
g Residential 1 {RCR-1}zoning district classification and use designation.
Notwithstanding the above real property description, the propert bein rezoned includes . r ~ ~ 4~
alI property to the centerline of all adjacent street right-ar-way,
SECTION The City's official zoning rriap is amended to Shaw the zonin district
elass~f"~catlon and use dell gntron for the Property.
I
~:14ur Documentsl0r~ir~ances1~71~~b-025 fit~a~.doc
~~TI~N 4. If any provision of this ordnance or the app~~cation thereof to an erson
. or c~rcurristance is held invalid by any court, such invalidity shall affect the validit of the y
prov1sians or applications, and to this end the provisions off' this ordinance are severable.
~ETI~N 5, Any person violating any provision of this ordinance shall, u on . ~
convictiari, be fined a sung not exceeding 2,OO~.o~, each day that a provision of tip ordinance
is violated shall constitute a separate and distinct offense.
ECT~~N 6. ~'h1s ordinance shall become effective fourteen X14} days from the date of
its passage, and the pity secretary ~ hereby directed to cause theca tion of this ordinance to be
published twice ~n the Denton Record-chronicle, a daily newspaper ublished in the ~t of
Denton, Teas, within ten ~ 1 a} days of the date of its passage.
PASSED AND APPR~V~D this the ~ day of ~~~7,
PERRY McNEI~,, MAYOR
ATTEST:
JENNIFER wA~,TER, CITY SECRETARY
BY:
AP~RV~D AS T~ LEGAL ~`~R:
EDw~N ~VI. NYDER; 'I"~Y A
f~,..-
.r' M
e
~ ~f r t7/ r '
R
- r l
i
P~~~~~ 1
FIELD DESCRIPTION
STATE ~F TEXAS
COUNTY ~F DENTIN
BEING a tract of land situated within the E. PI~AN~ SURVEY, ABSTRACT N~. 9~4,
Denton County, Texas acrd being part of a tract of land described in ~ Deed from Billie J
Es#es Brahrnall to Celia Estes Coleman as recorded in volume 449, Page ~~5 of the
Real Property Records Denton County, Texas, and being mare particularly described as
fallow;
BEINNIN~ at a concrete right-af v~ay monument found at intersection of the wes#erly
right-af-way line of lntersta~te I~ihv~a~ 5 and the no~therl~ right-of ~v~y line of laban
Ranch Road formerly ~Cnown as Crawford Road} for the mast southerly Southeast corner
of the herein described tract;
TI~ENCE South deg. ~H min, 4S sec. West far a distance of I~~.S4 feet #a a PR nail
set in said Robson Ranch Road for corner.
THENCE North deg. 47 min. ~7 sec. West along said Robson Ranch Road a distance
of 1 x.24 feet to P~ nail set for the Southwest corner of the herein described tract, the
same being in the easterly West line of a called Tract l described in a Deed from
Hill~voodlNf cCutchin, Ltd., to Pettus Investment, L.P., as recorded in volume 44G, Pa e
57~ ofthe Real Property Records of Denton County, Texas.
THENCE North 00 deg.17min. sec. East a distance of 243G.~~ feet to a Ili inch Iran
rod found at the most northerly South corner of said Tract 1 }far the Northwest carnet of
the herein described tract.
THENCE South 89 deg. 4~ min. ~3 sec. East along ar near a fence with the most
northerly South line of said Pettus Investment, L.P. tract a distance 7~~.74 to a metal
fence corner found for the Northeast career of the herein described tract, acrd the
northerly Southeast corner of said Tract 1.
THENCE Sau#h 0~ deg. min. 17 sec. West along or near a fence with the mast
southerly West lme of sold Pettus Investment, L.P, tract a distance of 17.44 feet to a
ll~ inch capped Iran rod set in the westerlyright-of way line of said Interstate Hi wa
y 5 for the n~os# northerly Southeast earner ofthe herein described tract.
THENCE South ~9 deg. ~5 min. 3~ sec. West with the westerlyright-of-way line of said
Interstate Highway 3 distance af92Z.~3 feet to the PINT OF BE~INNiN,
C~NTAEVINC wlthrn these metes and bounds rs ~5.~~2 acres or 1,14~,I'~4 square feet
ofland more or less.
~o~t~~ne 509, ~~ge OI~44 D~~ cords Anton bounty, ~'exas
i
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8230 ~
SUBJECT - Z07-0006 (Denton Creek Business Park -1)
Hold a public hearing and consider adoption of an ordinance regarding the rezoning of an
approximately 0.66-acre tract of land from a Neighborhood Residential 2 (NR-2) zoning district
to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located on the southwest corner of Teasley Lane and Old Alton Road (New) intersection. The Planning
and
Zoning Commission recommends approval of the zoning change request. (6-0).
BACKGROUND
Applicant: MAR-Properties, Denton, TX
The applicant is requesting a zoning change from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an approximately
0.66-acre tract of land. The subject property is located on the southwest corner of Teasley Lane
and Old Alton Road (New) intersection. The applicant intends to develop the site with
commercia uses.
The applicant is also requesting a zoning change from a Neighborhood Residential 2 (NR-2)
zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an
approximately 0.55-acre tract of land located on the southeast corner of Teasley Lane and Old
Alton Road (New) intersection. This zoning change request (Z07-0007) is being processed
concurrently with the subject rezoning request.
Public notification and property owner responses are provided in Exhibit 6. As of this writing,
staff has not received any responses from property owners within 200 feet of the subject site.
OPTIONS
1. Approve as submitted.
2. Approve subj ect to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this rezoning request.
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Information
7. Site Photographs
8. Letter of Intent from Applicant
9. Planning and Zoning Commission Minutes
l 0.Ordinance
Prepared by:
i
Supriya Chewle
Planner II
Respectfully submitted:
Y i yi . ~ l ~ . r 1
f
Brian Lockley, AICP
Interim Director, Planning and Development
2
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: Z07-0006 DATE TO BE CONSIDERED: May 1, 2007
LOCATION: Southwest corner of Teasley Lane and Old Alton Road (New)
intersection.
APPLICANT/OWNER: MAR-Properties
2281 Masch Branch Rd. #400
Denton, TX 76207
RE VEST: ' Q To rezone an approximate y 0.66-acre tract o an rom a
Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of this
rezoning request.
COMPREHENSIVE Neighborhood Centers
PLAN DESIGNATION:
SITE AND
SURROUNDINGS:
North: Rural Residential (RD-5) and Neighborhood Residential 2 (NR-2),
Proposed TXU Substation.
South: ETJ
East: Neighborhood Residential 2 (NR-2) proposed to be rezoned to
Neighborhood Residential Mixed Use (NRMU), and ETJ, Industrial
uses
West: Neighborhood Residential 2 (NR-2), Undeveloped
BACKGROUND The applicant is requesting a zoning change from a Neighborhood
INFORMATION: Residential 2 (NR-2) zoning district to a Neighborhood Residential
Mixed Use (NRMU) zoning district on an approximately 0.66-acre
tract of land. The applicant is proposing to rezone this property to an
NRMU zoning district for a commercial development. The property
to the northwest of the subj ect property was recently rezoned to an
NRMU zoning district with an overlay restricting the uses to church
and church related uses. An application is on file to rezone the
property to the north of the subject property to NRMU for a TXU
substation and commercial development. The property to the south of
the subject property is within the ETJ, owned by MAR Properties and
is platted for a Business Park. The property to the east of the business
3
park is used for industrial purposes.
ANALYSIS:
Comprehensive Plan The subject site is located in the "Neighborhood Centers" future
Analysis: land use area of the Denton Plan. According to the Denton Plan,
"within the undeveloped urban and urbanizing areas of the city, new
neighborhoods may develop in traditional patterns. Mixed-use and
mixed housing types will be allowed to develop in a pattern of
`neighborhood centers' .These are oriented inwardly, focusing on the
center of the neighborhood. These neighborhoods will exemplify the
interrelationship between quality of development, density, services
and provision for adequate facilities. These developments should
locate the center of the neighborhood within a five to ten minute
walking distance from the edge of the neighborhood. The center
contains uses necessary to support the surrounding neighborhood."
Development The comparison between uses permitted in NR-2 and NRMU zoning
Code/Zoning Analysis districts are provided in the following charts. The Neighborhood
Residential Mixed Use (NRMU) zoning district permits some
commercial uses, but mostly with limitations.
The uses and development standards contained within the proposed
NRMU zoning district are in character with the adjacent properties.
The surrounding area consists of uses such as a proposed TXU
substation, industrial uses, a business park and a church. Staff
believes that, based on the surrounding uses a commercial
development is an appropriate use on the subject property.
The chart below illustrates the difference between the two zoning
districts. Limitations for each use are explained following the last
chart.
Single Family Dwellings P N
Accessory Dwelling Units SUP N L(1)
Attached Single Family Dwellings N L(40)
Dwellings Above Businesses N P
LivelWork Units N P
Group Homes N SUP
Multi-Family Dwellings N SUP L(4)
Manufactured Housing Developments SUP N
P=Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined >n Section 35.5.8
4
~ ~ .,i
Hotels N P
Bed and Breakfast N P
Retail Sales and Service N L(17)
Restaurant or Private Club N L(ll)
Drive-through Facility N SUP
Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP
Laundry Facilities N P
Equestrian Facilities SUP N
Outdoor Recreation P SUP
Administrative or Research Facilities N L(14)
Broadcasting of Production Studio N L(14)
Temporary Uses L(3 8) L(3 8)
~ ~ ~
Bakeries N L(21)
Kennels L(37) N Veterinary Clinics L(14) P
Gas Wells SUP L(27) L(27)
~ ~ ~
Community Service N P
Semi-public, Halls, Clubs, and Lodges SUP P
Business I Trade School N L(14)
Adult or Child Day Care SUP P
Kindergarten, Elementary School SUP P
Middle School N P High School N SUP
Elderly Housing N P
Medical Centers N P
Limitations:
L(1) =Accessory dwelling units are permitted, subject to the following additional
criteria:
1. The proposal must conform with the overall maximum lot coverage and
setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (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
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
not required for such an accessory residential structure where the lot size is equal to or greater than ten acres.
L(4) =Multi-Family is permitted only:
1. With a Specific Use Permit: or
2. As part of a Mixed-use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. 2005-224; or
5. If allow by a City Council approved neighborhood (small area) plan.
L(11) = Limited to sit down only, and no drive up service permitted. Limited to no
more than 100 seats and no more than 4,000 square feet of restaurant area.
L(14) =Uses are limited to no more than 10,000 square feet of gross floor area. L(17) =Uses are limited to no more than 25,000 square feet of gross floor area per
use, except grocery stores maybe larger with approval of an SUP.
L(21) =Bakery and bottling areas not to exceed 2,500 square feet. Sales on
premises of products produced required in this zone.
L(27) =Must comply with the provisions of Subchapter 89, Gas Well Drilling and
Production. L (37) = 5-acre minimum land area required and no more than 25 kennels per acre
allowed, including indoor and outdoor runs. A natural buffer strip is required
adjacent to any residential use.
L (38) =Must meet the requirements of Section 35.12.9.
L (40) =Limited to a maximum 12 units per acre.
General regulations of the Neighborhood Residential land use zone are contained in
the table below:
The following limits apply to subdivision of 2 acres or less:
. ~
Minimum lot area (square feet) 16,000 2,500
Minimum lot width 80 feet 20 feet
Minimum lot depth 100 feet 50 feet
Minimum front yard setback 20 feet None
Minimum side yard 6 feet 6 feet
Minimum side yard adjacent to a street 10 feet None
Minimum rear yard 10 feet None
The following limits apply to all buildings:
. ~
Maximum lot coverage 30% 80%
Minimum landscaped area 70% 20%
Maximum building height 40 feet 65 feet
Minimum yard when abutting 10 ft plus 1 foot for 20 ft plus 1 foot for
asingle-family use or district each foot of bulldmg each foot of bulldmg height above 20 ft height above 20 ft
6
Landsca a and Tree Cano Re uirements
1
Neighborhood Residential
NR-2 Neighborhood Residential 2 70% 50%
NRMU Neighborhood Residential 20% 40% Mixed Use
DEPARTMENT AND All departments have the reviewed the request, no comments were
AGENCY REVIEW: returned by any of the reviewing departments.
FINDINGS: l . The uses and development standards contained within the
proposed NRMU zoning district are in character with the
adj acent zoning to the south of the site.
2. The proposed zoning change conforms to the Future Land Use
element of the Denton Plan and is compatible with the criteria for
a zoning change as defined in the Development Code.
7
EXHIBIT 2
Location Map
} } A
.
:4 =
i~T A
8
EXHIBIT 3
Existing Zoning Map
...x
. . . .
.fl• r.. ti.
. ~ H
y f r :f f............r • _
.1 ..f a. ~i:::4 :1X f 4'
+:ti. } f
} {y f i x . f f t y~~.
5' tt t. y... y v s, ~
'r . • - . , I : ~ ,r, . I. •A 1 t+.k f.
+ 3+ k \I ~ n n.+l~....
fk}
. S '
~ 5 I I
F ~ ' k S:: ~ ~ '
9
EXHIBIT 4
Proposed Zoning Map
r t r
.•.••w
n•:: + .1
I'_ .f
•f h
her ~ } •?s • ~ f .a:+f ~ixx0
ry. } 82 f ! I f ii: .f
f } i' h~'~ :r' }
..f i~ v ^k... f.. { w ~h 5 { - W
.5 4 ` .}ry t f V ~I ' f { x ~ + + ~ . ~JIL ~11 ~ y 1 M. { • i•
+ + .S ...JS 2..:i.. . ~ h y '1 7i ~x. •5
:a{{::; hi ~ C'.. 1 Vx
~o . .•,9k •r t. •
h-. . x
5' Y . J ~
' x
10
EXHIBIT 5
Future Land Use Map
rro~rrs
11
EXHIBIT 6
Notification Information
.4 '
s. •~h r;. 1Y~1Y }:V ::y:xaxoro+•.•,''%% .r.. f .y 4 S ..........n A
\ ~1 ljl
I\ ti' .t :I r •x ~ x • 4
fy \'ti. ~ F 'hk r ~ _ 5 h.. x "x r {
tier ~ti.} 'I~n ~ ~ f I• ~h Y,S r. •:~iY.1 V y ~ I ~ x _ • •r
r v ti~ x r~ '~r SS A + 1 's $i .x y'.1 .I>> I yyQQ III I~ ' ~ •k 'n'+'S:::vv ' y i
:.rvf.. .y rvf l •Ilx'~ ~ I ~I xxx ~ x ~ ~ ..Ili x' v
>w .1 ~ ':ir ~i
~ `t ..V '
• 5• I
......v „s,..........• ......t
# ~f ~ . J_,_, ` . :k.
x r ' .fi.. f I. I ,I
r . 1 III; ~ °r . t . ` , I .I I~I~I ~ ,
~ ~ . - ~ ~ . t. , . r ~
'f 'f I~ ..r.:..'~. f k' f.
L •s i• ~ 'x, 5\ 'f: ..f f x:: v ~ ~ x:: .f ~ ~ . • . 'f~ t
~ • •t x
+ f 5 1 ~ 5. . . ~ r \ ~ w i • r" , . SI t . r yr ti . ' ~ a.•: .v
I h. 5; u ~ r h i • h 'h h r. ..'x t
i 'a. ~ 4 {
K ,tx: ' •5 ' ~v
. x: .'ry:.x
d . k r..
Public Notification Date: March 16, 2007
200' Legal Notices* sent via Certified Mail: 4
500' Courtesy Notices mailed: 8
Number of responses to 200' Legal Notice:
■ In Opposition: 0
■ In Favor: 0
■ Neutral:0
A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
12
EXHIBIT 7
Site Photographs
-
. . E''''jEl,~il~d, UI'p,°.'.
.x
Subject Property Old North Road (New)
.:.:.f w w
~ , f::::::::•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:• i:::::::'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. f
S
'.'.'.:f
Industrial Uses to the east of the subject property Teasley Lane
13
EXHIBIT 8
Letter of Intent from Applicant
E
~
~ F ~ ~ ~
~i ~f`
I ~
~ ~ ~I
_ I
F a i
~ ~i
I~
~ ~ i
•
,I
~
~ r
E i II
I f
~ I
i ~i~t
14
o~~.ens~It ~t
Pale 9 Page 1 ~
I C0~1'I~IISSIO;~TER STRANGE: w'e' ll move on to our I appropriate use on the sub jcct prop . 7~ic Devel€~ went
p 2 next item ~~hich would be Items No. 5A and 5B, ~~~hich are 2 Re~ri~,,w Colt7mittee recommends ap royal of tl~e rezonit~
1~ g 3 public hearings and for those of you wl~o have not been 3 request based on file following criteria, the uses and
4 here or are not familiar, if you have any item on the 4 development standards contained within the ro . osed N~~tu
pp public Dearing agenda that you wish to speak on, you'll 5 zoning district are lri character 4~~1th the surroundirl
6 need to fill out one of the yellow cards that you'll find uses, Tile proposed zoning change confonlzs to the future
7 outside and turn it in clown front. That way when we come 7 land use clement of tl~e Denton Dvelopment Plan and is
8 to the appropriate itell~, we'll be able to call you down to S compatible with the criteria of the zoning than e as
g tl~e front so that you'll be able to make your connnents. ~ defined in tl~e Denton Development Code, itli float, I'll
I~ If you do nat fill out a card, it's our practice to not l~ take any questions that you have.
1 l let you speak, I I co:~~IrssYO~TER ~rr~,al~vc~:: any questions of
l~ I think due to the sii~i~arity to these two 1~ staff? Thank you,
13 items, ~ think we're going to ask staff to maybe just go l 3 ~s. c~EUFt,E; Thank you.
14 ahead and present both of these at one time and then we l4 ~a~I~rsloNErt Tl~Arr~~: u~'e'll now open the
1 ~ can vote or7 thcln separately, but let's iet's make our I ~ public bearing, is tDe applicant here at]d do tllcy wish to
I6 prescritation to cover both. l6 speak? Do we have any cards on this item? Do we have
17 Ms, CHEwI~E: Do therx~ together, right? 17 anyone whn wishes to speak on this ite~r~? ~'e'lI close tl~e
18 con~~rssroN srr~aNC~: rhat's not going to I8 public hearing.
I9 t1VOw you eff, is it? 19 ~~Ve're going to vote on these as separate
2D nos, ~tt~u~L~; ~'he applicant Arneri properties ite~xrs since they were advertised separately. The first
~ 1 is requesting a zoning change for approximately .~6 acre 21 item would be Item No. ~A, which is file rezoniT~g of
22 tract of land, which is located to fife southwest corner of 22 approximately ,66 acres of land from N~-2 zoning District
~3 Teasley Lana and Neu Old Alton Road. ~3 to a l~eighborhood Residential Mixed Use honing District.
~4 Tlae other propci-ty that's in consideration 24 Do we have a motion for that?
25 is located at tl~e southeast corner of Teasley L,at7e and Old 25 COh11~~i5sI~~F,R TrIIB~DI;AUx: so mooed.
Page ~ 0 Wage l ~
I Alton Road, The applicant is proposing to rezone both of 1 COMMISSIONER s~rtAt~~~: ~ motion by Or,
2 these properties. Bath of these properties are located 2 Thibodeaux. Do we have a second?
3 ~ritbin the neigbborliood center of our future land use 3 COMMISSIONER THOMAS: second,
4 plan. They both are zoned Neighborhood Iesidential 2 and 4 ca~I~rssYONE~ STRANGE: second by Mx.
5 are requested to be rezoned to Neighborhood Residential 5 Thomas. Is there any discussion? Please, vote. Vote
~ fixed Use ~onii~g District. 6 passes 6-~.
7 The applicant is the property to the 7 Next itc~r~ would be Item No. SF3, which is
1~ north northwest of tlYe subject property was recently $ the rezoning of approximately ,55 acres of land from
9 rezonul to an N~~IV zozxing district which is tl]e one In the 9 Neighborhood Residential 2 Zoning District to Neighborhood
1 ~ red here with an overlay restricti;7g tl~e uses to church 10 Residential Mixed Use honing District. Do we have a
1 I and chluch~related uses. An application is on file to 11 motion on this iter~~?
l~ rezone the property to tl~e nortlz of the subject prop~~-ty 12 GOMMIS5rG1vER THOI~I:~s: If11 move approval.
13 t~ ~t~~~ for a TXU substation anti a commercial development. 1 ~ Covr~rrssrQNER s'i"FiANGI~: I have a motion by
l4 That would be the Ra-~ and die Nrt-~ along Teasley Lane. 14 Mr. Thomas. Do wry have a second?
1 S The property to the south of the subject l 5 co~rn~rssraNER I,vx~: second. I6 property is within the ETJ owned by Ameri Properties at~d 1 b CGM1~TissIONE~
STRANGE: second by Dr, Lyke.
17 is platted for a business park. The property to tl~e east 1 ~ Any discussion on this item? Please, vote. Item passes
1S of the business park is used for industrial purposes. The I~ 6-~.
I9 uses and the de~'elopine~~t standards contained within file 19 The next item on our Agenda is airy future
20 proposed ~Tr~n~ru zoning district are i~~ character with the Zo Agenda items. Do we have anyone who has a future Agenda
21 adjacent prop~-ties. The surrou~xcling areas consist of 2I item? If not, we'll adJourn our meeting at 6:45.
22 uses SuGI] as a proposed Txu 5u65tat1ori, industrial uses, a 22 ~Fnd of proceedings.)
business park and a church, 23
24~ Staff believes t~zat based on t?re 24
25 sw-roui~diz~g uses, a con~inercial dcvelopanent is an ~5
PLANNZ~ ~~NIN ULAR ~IQN, MARSH ~~~7 Pale 9 - gage 1
i
s:lour ~ocum~~lordinan~e~10'117-0~06.doc
ORDIl~ANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEA, PROIDIN FOR A ~ONIN
GRANDE FROM NEIGHBORHOOD R.ESIDEIVTIAL ~ ~NR-~} ~OMN DISTRICT TO A
NEIGHBORHOOD RESIDENTIAL MIMED USE (NRU~ ~ONIN DISTRICT, THE AREA
PROPOSED FOR ~ONIl~G CHANCrE ENCOMPASSING APPROIl~IATELY ~.G6 ACRES OF
LAND LOCATED ON THE SOUTHWEST CORNER OF TEASLEY LANE AND OLD ALTON
ROAD ENE}INTERSECTION, DESCRIBED A TRACT OF LAND SITUATED IN THE A.E.
CANNON SURVEY, ABSTRACT NUMBER 232, CITY OF DENTON, DENTON COUNTY,
TEAS, AND BEING REMAIl~DER OF THE CALLED 14. ~ 4 ACRE TRACT DESCRIBED IN
THE DEEI] FROM .TORN CORDON BENNETT ET.AL. TO ~ PROPERTIES, LTD
RECORDED IN VOLUME 5314 PA.CxE 5395 OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEAS; AND PROVIDING FOR A PENALTY IN THE
AMOUNT OF $~,a~0,~4 FOR VIOLATIONS THEREOF, SEVERA.BXLITY, AND AN
EFFECTIVE DATE. ~~07-~~0~} .
WHEREAS, Mar Properties Ltd., has applied far a change in caning for appra~inaately
acres of land from a Neighborhood Residential 2 {NR-~} zoning district to a Neighborhood
Residential Mixed Use zoning district classification and use designation; and
WHEREAS, on March ~S, the Planning and honing Con~n~ission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change Is consistent ~Itll the Denton Plan
and the Developrrient Cade; NOS, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in .e preamble of this ordinance are
incorporated herein by reference.
SECTION" The zor~n district classification and use designation Is hereby changed from a
Neighborhood Residential ~NR~2} zoning dlstnct to a Neighborhood Res~entlal Mixed Use
zoning district classification and use designation far acres afland depicted ~n Exhibit
attached hereto ar~d incorporated herein by reference, and more particularly described in Exhibit
"A", which Is attached hereto and Incorporated herein by reference the "Property'}. Notithstand.
the above real property description, the property being rezoned includes all property to the centerline
of all add scent street rights-of ~vay."
SECTION . The City's official land use map is amended to shoes the change in the land u.se
deslgr~.atlon,
SECTION 4~ If a~.y provision of this ordinance or the application thereof to any person or
circurnstance is held invalid by any court, such invalidity shall not affect the vaildity of other
pravlslQns or applications, and to this end the provisions of this ordlriance are severable.
i
SECTION 5. Any person violating any pra~isian afthis ortiance shall, upon conviction, be
f~r~ed a sum riot e~eeedin ~ ~~~.0~. Each d. that a rovision of this ordinance is violated shall ~ i
canstlt~te ~ separate and d~stlnct offense.
SECTI~~ This ordinance shah became effective fourteen ~ 14} days from the date of its
ssa e, and the City Secretary is hereby directed to cause the caption of this ordinance to be p
publishedtwice inthe 1]enton Record-Chror~lcXe, a dally newspaper puhhshed m the City ofDenton,
Teas, within ten ~1 days of the date of its passage.
PASEI~ ANI~ APpR~ED this the T day of , ~~U7.
BERRY R. NIc~EIEI~, MAYOR
ATTEST:
JENNIFER wALTERS, CITY SECRETARY
1 i
1 i1 1 LiI~ ~ ~ Y i/~~.F ~ Y f
ED1N SNYDER;~~~ITY~AT
~ .w ~~r
f.F
5
f.
i
E~I~IBIT
~ECA~ DERIPT~DN
si i ' 3a it {
f3E~~ ~ TAT ERTI TRT C~~ ~ ~T~T T~ ~ .
A~i~1d~ ~R~EI~ ~TFDT N~~ER DEI~T+~~I U~TYy T
~Ei~i ~ ~E~I~ DER ~ TAE ~LL.E~ RE . T DERfED Ohl TAE DEED FR~}i~i J~~l ~i~N EEf~i~ETT ET,~~. T~.
~R~ERT~E STD RE~~D N~ ~E ~ ~ ~ T~
pRERT~ RECORD F DE~T~fi~ ~UNT~, TES; TAE U E~ ,T
TAT El ARE PRT~lI,RL~' DEDR~~ED '~L~~? ~
i~ + ai
~~IE~1N T ~~NT ~ TAE ~RT~ ODE ~ LT~~
FAR Ti-iE ~~I~RT`~'ET R~ER ~F ~D ~4.~ ~DRE TAT, ~ .
TEE ~~~TM ~E~REE ~ DAD EC~i~D EAST THT~
~~RT~ ~~~E TEEF ~ D~TAE f BEET T TAE ~~T
E~i~iVi~ SERE TAE ~i~~R~IITE Lt~~Tll~ ~F TAE
~T~TER~ ITS ~I~T ~i~E D TAE C~RT~E~TER~.'~ DE
D~I~T'~ »~E~ E I~ ~E
T~E~DE ~fRTi'-~ DEREE i1~iiTE E~~D ~T ~.E~~'i
~~~E ~Ti~ TAE T~ ~~E T~ DNTAE ~ FEET T~ ~ P'~i~T TAE IETERi~ R.~~~ LiiEj
~ ~ TAE ~ }~LT~[~ R~~D;
. I
TFiEiE ~~T~ }ECREE ~ ~~~iDTE ~ S E~i~D ~ET'~
ETER~.~ LANE A DiT~E ~E ?~.4 FEET T~ TAE ~E~~
~ ARE TIDE R~i~T IT~I ~I~ ~F FEET ~D ~ E
Di~D ~~R~ D D1TDE ~F ~T~ DEi~EE~ ~i~UT ~r ~ E~~~ ETA ~~a FEF.rTf ~ ~
T~i~I~E ~ ~iD ETERL R.. L~i`~E~~f~ ARC C~T~E F .1
FEET T~ RER SERE Tai ~~'RlITE L~~T~ ~F TAE
DQ~1IV ~~IT~ETERL ~Tl~ ~~~~T ~I~E ~ TAE f
~RT~ EA~TE~~ ~ ET ~ ~N ~ EIS ~ T
~l~E FC~R ADD L~~IE ~T~ ~ IDiJ► ~F ~ FEET ~D ~ D ~~Ri ids AND ~~TA~E t~F ~~RTH ~ DEREE D~ M~ i1TE ~
ED ~E~T, FEET ~ ~x ~
CE
T~E~ i~IRT~ETER~ ~ ~ii~i i~ii~E R ~
Di~T~i~E ~F FEET T~ PL~E ~F ~E~I~iViPd E~1D~.~Ih~
~~R~ F I~E ~ ~E~ ~ ~`r~ I
t ,
P2~E
Lm
~~H I B!T B
L~I~Tl~~1 l~AP
°k;:
H pp~~..y w3o-i
o~X ~R
k
b•
"i4 ;.i
'v4.~ I.iY r M
s': p <8:'.':::
Nn r4ko-~ 3~<, # ~S ~~.aq o6x< w'~ ~ ..~x aoao~
xuo- mo-bx x:.~<R..i
Y:.l <o- o- o-..8: ~ .:fir... ~
, . w,
s ~5~-~~ o-x
n .xx:> >
:i ~ . v ,
PACE 4
Lm
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8230 ~
SUBJECT - Z07-0007 (Denton Creek Business Park - 2)
Hold a public hearing and consider the adoption of an ordinance regarding the rezoning of an
approximately 0.55-acre of land from a Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located on the
southeast corner of Teasley Lane and Old Alton Road (New) intersection. The Planning and
Zoning Commission recommends approval of the zoning change (6-0).
BACKGROUND
Applicant: MAR-Properties, Denton, TX
The applicant is requesting a zoning change from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an approximately 0.55-acre tract of land. The subject property is located on the southeast corner of
Teasley Lane
and Old Alton Road (New) intersection. The applicant intends to develop the site with
commercia uses.
The applicant is also requesting a zoning change from a Neighborhood Residential 2 (NR-2)
zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an
approximately 0.66-acre tract of land located on the southwest corner of Teasley Lane and Old
Alton Road (New) intersection. This zoning change request (Z07-0006) is being processed
concurrently with the subject rezoning request.
Public notification and property owner responses are provided in Exhibit 6. As of this writing,
staff has not received any responses from property owners within 200 feet of the subject site.
OPTIONS
1. Approve as submitted.
2. Approve subj ect to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this rezoning request.
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Information
7. Site Photographs
8. Letter of Intent from Applicant
9. Planning and Zoning Commission Minutes
l 0.Ordinance
Prepared by:
i
Supriya Chewle
Planner II
Respectfully submitted:
}
r - - . 4 ~
A n
Brian Lockley, AICP
Interim Director, Planning and Development
2
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: Z07-0007 DATE TO BE CONSIDERED: May 1, 2007
LOCATION: Southeast corner of Teasley Lane and Old Alton Road (New)
intersection.
APPLICANT/OWNER: MAR-Properties
2281 Masch Branch Rd. #400
Denton, TX 76207
RE VEST: ' Q To rezone an approximate y 0.55-acre tract o an rom a
Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of this
rezoning request.
COMPREHENSIVE Neighborhood Centers
PLAN DESIGNATION:
SITE AND
SURROUNDINGS:
North: Neighborhood Residential 2 (NR-2), Residential Use and ETJ
South: ETJ, Undeveloped
East: Industrial Center Employment (IC-E), Industrial uses
West: Neighborhood Residential 2 (NR-2) and ETJ, Undeveloped
BACKGROUND The applicant is requesting a zoning change from a Neighborhood
INFORMATION: Residential 2 (NR-2) zoning district to a Neighborhood Residential
Mixed Use (NRMU) zoning district on an approximately 0.55-acre
tract of land. The applicant is proposing to rezone this property to an
NRMU zoning district for a commercial development. The property
to the northwest of the subj ect property was recently rezoned to an
NRMU zoning district with an overlay restricting the uses to church
and church related uses. An application is on file to rezone the
property to the north of the subject property to NRMU for a TXU
substation and commercial development. The property to the south of
the subject property is within the ETJ, owned by MAR Properties and
is platted for a Business Park. The property to the east of the business
park is used for industrial purposes.
3
ANALYSIS:
Comprehensive Plan The subject site is located in the "Neighborhood Centers" future
Analysis: land use area of the Denton Plan. According to the Denton Plan,
"within the undeveloped urban and urbanizing areas of the city, new
neighborhoods may develop in traditional patterns. Mixed-use and
mixed housing types will be allowed to develop in a pattern of
`neighborhood centers' .These are oriented inwardly, focusing on the
center of the neighborhood. These neighborhoods will exemplify the
interrelationship between quality of development, density, services
and provision for adequate facilities. These developments should
locate the center of the neighborhood within a five to ten minute
walking distance from the edge of the neighborhood. The center
contains uses necessary to support the surrounding neighborhood."
Development The comparison between uses permitted in NR-2 and NRMU zoning
Code/Zoning Analysis districts are provided in the following charts. The Neighborhood
Residential Mixed Use (NRMU) zoning district permits some
commercial uses, but mostly with limitations.
The uses and development standards contained within the proposed
NRMU zoning district are in character with the adjacent properties.
The surrounding area consists of uses such as a proposed TXU
substation, industrial uses, a business park and a church. Staff
believes that, based on the surrounding uses a commercial
development is an appropriate use on the subject property.
The chart below illustrates the difference between the two zoning
districts. Limitations for each use are explained following the last
chart.
Single Family Dwellings P N
Accessory Dwelling Units SUP N L(1)
Attached Single Family Dwellings N L(40)
Dwellings Above Businesses N P
LivelWork Units N P
Group Homes N SUP
Multi-Family Dwellings N SUP L(4)
Manufactured Housing Developments SUP N
P=Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined >n Section 35.5.8
4
~ ~ .,i
Hotels N P
Bed and Breakfast N P
Retail Sales and Service N L(17)
Restaurant or Private Club N L(ll)
Drive-through Facility N SUP
Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP
Laundry Facilities N P
Equestrian Facilities SUP N
Outdoor Recreation P SUP
Administrative or Research Facilities N L(14)
Broadcasting of Production Studio N L(14)
Temporary Uses L(3 8) L(3 8)
~ ~ ~
Bakeries N L(21)
Kennels L(37) N Veterinary Clinics L(14) P
Gas Wells SUP L(27) L(27)
~ ~ ~
Community Service N P
Semi-public, Halls, Clubs, and Lodges SUP P
Business I Trade School N L(14)
Adult or Child Day Care SUP P
Kindergarten, Elementary School SUP P
Middle School N P High School N SUP
Elderly Housing N P
Medical Centers N P
Limitations:
L(1) =Accessory dwelling units are permitted, subject to the following additional
criteria:
1. The proposal must conform with the overall maximum lot coverage and
setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (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
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
not required for such an accessory residential structure where the lot size is equal to or greater than ten acres.
L(4) =Multi-Family is permitted only:
1. With a Specific Use Permit: or
2. As part of a Mixed-use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. 2005-224; or
5. If allow by a City Council approved neighborhood (small area) plan.
L(11) = Limited to sit down only, and no drive up service permitted. Limited to no
more than 100 seats and no more than 4,000 square feet of restaurant area.
L(14) =Uses are limited to no more than 10,000 square feet of gross floor area. L(17) =Uses are limited to no more than 25,000 square feet of gross floor area per
use, except grocery stores maybe larger with approval of an SUP.
L(21) =Bakery and bottling areas not to exceed 2,500 square feet. Sales on
premises of products produced required in this zone.
L(27) =Must comply with the provisions of Subchapter 89, Gas Well Drilling and
Production. L (37) = 5-acre minimum land area required and no more than 25 kennels per acre
allowed, including indoor and outdoor runs. A natural buffer strip is required
adjacent to any residential use.
L (38) =Must meet the requirements of Section 35.12.9.
L (40) =Limited to a maximum 12 units per acre.
General regulations of the Neighborhood Residential land use zone are contained in
the table below:
The following limits apply to subdivision of 2 acres or less:
. ~
Minimum lot area (square feet) 16,000 2,500
Minimum lot width 80 feet 20 feet
Minimum lot depth 100 feet 50 feet
Minimum front yard setback 20 feet None
Minimum side yard 6 feet 6 feet
Minimum side yard adjacent to a street 10 feet None
Minimum rear yard 10 feet None
The following limits apply to all buildings:
. ~
Maximum lot coverage 30% 80%
Minimum landscaped area 70% 20%
Maximum building height 40 feet 65 feet
Minimum yard when abutting 10 ft plus 1 foot for 20 ft plus 1 foot for
asingle-family use or district each foot of bulldmg each foot of bulldmg height above 20 ft height above 20 ft
6
Landsca a and Tree Cano Re uirements
1
Neighborhood Residential
NR-2 Neighborhood Residential 2 70% 50%
NRMU Neighborhood Residential 20% 40% Mixed Use
DEPARTMENT AND All departments have the reviewed the request, no comments were
AGENCY REVIEW: returned by any of the reviewing departments.
FINDINGS: l . The uses and development standards contained within the
proposed NRMU zoning district are in character with the
adj acent zoning to the south of the site.
2. The proposed zoning change conforms to the Future Land Use
element of the Denton Plan and is compatible with the criteria for
a zoning change as defined in the Development Code.
7
EXHIBIT 2
Location Map
x:
. y;:~:~
~ ~ ~
8
EXHIBIT 3
Existing Zoning Map
xxx
. ~
....x ~ . }
ti ' { xxx'
. • fi_'•.{ k 4' ' J~A ~,t.
~:r".... f' S
{
If I' :f ~ - r r . f§ ~ # ' .:.:.:.:.:.:.:.i •nnnnnnnnn~• nnnn.......u
i I. .I N.•
~ T { f. • i + k. •
} } ` { f.' ~ } ~ { { ' 'f {i f { r f.
'x x: . ~f } r r.. y. l ~ ~ ~ r • ' v ~ -Vf~• x y • ~ . •
,~y •I x • ' sr y . v r• f~ .i - y. ~4. ~ r
• . # ~ .........................x f•: ~f~
k . .t ' I,
~ t.
9
EXHIBIT 4
Proposed Zoning Map
•
y 'y .K
M1~ .K
y• 1yn r'.~i.i . h' 1 r
r•3 h
IF
~ ~ ~ti'. ~y} - • •r. f ~ K ;
• K f MM'• .f f .
F k .5. { pppp~~ ~ .+K Jyr + f. ~J
' '10f ~ ~f. • y.• - y { ~ f { , x...
r } ~f h ti ry. •...h 5' ~ it
.i
f I. 7 i h
~f
10
EXHIBIT 5
Future Land Use Map
xaxrs
11
EXHIBIT 6
Notification Information
;I
. ~ ~ r • , ........xxxxxxx h ~ ~:.:~.::::::TM I ~ ~f•
h _ :.:.:.:.:.:.:.:xxxxox... _ ~ r. . ~ s .Ir { .h ti ~h Y
. . • ,..v, . < . ti \ 5•f k: it f~,y':'I .i
f h I _ x
. . ; • _ ~ ~x.. .h RY .I ,
•y • f ~ •,V y . ti• } } .r 'ti
. _ r r. v . , M1 . ~ h ~
} J .~r . . v ~ :n.• h•. y . • r v. . .
~ • -.f - .L •.v.
_ , .......ti.. k , _ . } . M... f ....,5 • , , vvv... . her.
.x•: x
{'r 5 ~I~ } :;n h. ~l
F. }r I Y 1: ~ 1: 1: • - \ I~ •f f v
~ • r. ry f sr I .h h~ i ~ ~ •.f Y:::.. I • I • I
1 ~ ~ I I I • I • s' } I
I Y ..Y. ..f ~ . •.k •f x .f ~ f- } r I.. I • \ 5: x
{ r C} w \ _ ~ ~ { Y I } ..3 ~ xy F~ ~ r v } I.
y y ~ } } I~ R: } h y ~ r r • y r .k } I: } I~ r5 }y I;
• ~ n ~ • • 4 • h' h ~ 5
I• I~ ~ •i. S.
v I 11R ..I I ~ i . ijv~ f f
. ~ { R. ~ •x. _ m
..x. ~ _ r } } }
Public Notification Date: March 16, 2007
200' Legal Notices* sent via Certified Mail: 5
500' Courtesy Notices mailed: l0
Number of responses to 200' Legal Notice:
■ In Opposition: 0
■ In Favor: 0
■ Neutral:0
A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
12
EXHIBIT 7
Site Photographs
Subject Property Old North Road (New)
:.s::.:.
r ~ x::::
t
:::Y.
Industrial Uses to the east of the subject property Teasley Lane
13
EXHIBIT 8
Letter of Intent from Applicant
E
~
~ F ~ ~ ~
~i ~f`
I ~
~ ~ ~I
_ I
F a i
~ ~i
I~
~ ~ i
•
,I
~
~ r
E i II
I f
~ I
i ~i~t
14
o~~.ens~It ~t
Pale 9 Page 1 ~
I C0~1'I~IISSIO;~TER STRANGE: w'e' ll move on to our I appropriate use on the sub jcct prop . 7~ic Devel€~ went
p 2 next item ~~hich would be Items No. 5A and 5B, ~~~hich are 2 Re~ri~,,w Colt7mittee recommends ap royal of tl~e rezonit~
1~ g 3 public hearings and for those of you wl~o have not been 3 request based on file following criteria, the uses and
4 here or are not familiar, if you have any item on the 4 development standards contained within the ro . osed N~~tu
pp public Dearing agenda that you wish to speak on, you'll 5 zoning district are lri character 4~~1th the surroundirl
6 need to fill out one of the yellow cards that you'll find uses, Tile proposed zoning change confonlzs to the future
7 outside and turn it in clown front. That way when we come 7 land use clement of tl~e Denton Dvelopment Plan and is
8 to the appropriate itell~, we'll be able to call you down to S compatible with the criteria of the zoning than e as
g tl~e front so that you'll be able to make your connnents. ~ defined in tl~e Denton Development Code, itli float, I'll
I~ If you do nat fill out a card, it's our practice to not l~ take any questions that you have.
1 l let you speak, I I co:~~IrssYO~TER ~rr~,al~vc~:: any questions of
l~ I think due to the sii~i~arity to these two 1~ staff? Thank you,
13 items, ~ think we're going to ask staff to maybe just go l 3 ~s. c~EUFt,E; Thank you.
14 ahead and present both of these at one time and then we l4 ~a~I~rsloNErt Tl~Arr~~: u~'e'll now open the
1 ~ can vote or7 thcln separately, but let's iet's make our I ~ public bearing, is tDe applicant here at]d do tllcy wish to
I6 prescritation to cover both. l6 speak? Do we have any cards on this item? Do we have
17 Ms, CHEwI~E: Do therx~ together, right? 17 anyone whn wishes to speak on this ite~r~? ~'e'lI close tl~e
18 con~~rssroN srr~aNC~: rhat's not going to I8 public hearing.
I9 t1VOw you eff, is it? 19 ~~Ve're going to vote on these as separate
2D nos, ~tt~u~L~; ~'he applicant Arneri properties ite~xrs since they were advertised separately. The first
~ 1 is requesting a zoning change for approximately .~6 acre 21 item would be Item No. ~A, which is file rezoniT~g of
22 tract of land, which is located to fife southwest corner of 22 approximately ,66 acres of land from N~-2 zoning District
~3 Teasley Lana and Neu Old Alton Road. ~3 to a l~eighborhood Residential Mixed Use honing District.
~4 Tlae other propci-ty that's in consideration 24 Do we have a motion for that?
25 is located at tl~e southeast corner of Teasley L,at7e and Old 25 COh11~~i5sI~~F,R TrIIB~DI;AUx: so mooed.
Page ~ 0 Wage l ~
I Alton Road, The applicant is proposing to rezone both of 1 COMMISSIONER s~rtAt~~~: ~ motion by Or,
2 these properties. Bath of these properties are located 2 Thibodeaux. Do we have a second?
3 ~ritbin the neigbborliood center of our future land use 3 COMMISSIONER THOMAS: second,
4 plan. They both are zoned Neighborhood Iesidential 2 and 4 ca~I~rssYONE~ STRANGE: second by Mx.
5 are requested to be rezoned to Neighborhood Residential 5 Thomas. Is there any discussion? Please, vote. Vote
~ fixed Use ~onii~g District. 6 passes 6-~.
7 The applicant is the property to the 7 Next itc~r~ would be Item No. SF3, which is
1~ north northwest of tlYe subject property was recently $ the rezoning of approximately ,55 acres of land from
9 rezonul to an N~~IV zozxing district which is tl]e one In the 9 Neighborhood Residential 2 Zoning District to Neighborhood
1 ~ red here with an overlay restricti;7g tl~e uses to church 10 Residential Mixed Use honing District. Do we have a
1 I and chluch~related uses. An application is on file to 11 motion on this iter~~?
l~ rezone the property to tl~e nortlz of the subject prop~~-ty 12 GOMMIS5rG1vER THOI~I:~s: If11 move approval.
13 t~ ~t~~~ for a TXU substation anti a commercial development. 1 ~ Covr~rrssrQNER s'i"FiANGI~: I have a motion by
l4 That would be the Ra-~ and die Nrt-~ along Teasley Lane. 14 Mr. Thomas. Do wry have a second?
1 S The property to the south of the subject l 5 co~rn~rssraNER I,vx~: second. I6 property is within the ETJ owned by Ameri Properties at~d 1 b CGM1~TissIONE~
STRANGE: second by Dr, Lyke.
17 is platted for a business park. The property to tl~e east 1 ~ Any discussion on this item? Please, vote. Item passes
1S of the business park is used for industrial purposes. The I~ 6-~.
I9 uses and the de~'elopine~~t standards contained within file 19 The next item on our Agenda is airy future
20 proposed ~Tr~n~ru zoning district are i~~ character with the Zo Agenda items. Do we have anyone who has a future Agenda
21 adjacent prop~-ties. The surrou~xcling areas consist of 2I item? If not, we'll adJourn our meeting at 6:45.
22 uses SuGI] as a proposed Txu 5u65tat1ori, industrial uses, a 22 ~Fnd of proceedings.)
business park and a church, 23
24~ Staff believes t~zat based on t?re 24
25 sw-roui~diz~g uses, a con~inercial dcvelopanent is an ~5
PLANNZ~ ~~NIN ULAR ~IQN, MARSH ~~~7 Pale 9 - gage 1
i
s:lau~ ~acumentslor~7nances1~71~Q7-U0~7.~ac
1f i 1i+ 14 \ ` 11 ' E N~ 1
i ii 1 ~!E {J F T.F A1..M ~IT~ ~F ~ENT~N~ TE, F ~ ~ ~ ~J 1 \ ~
HANxE FROM NE~GHBORH~~D REIDENTL~.L 2 ~NR~2} ~~MN DITRIT
NEIC~H~~RHO~D RESIDENTIAL 1VIIED USE ~~NIN DITRIT, THE AREA
PRDP~ED FAR ~~N1N~x CHANCE ENC~MPAINr APPR~~IATELY ~,~5 ARE OF
LAND L~~ATED ~N THE ~~UTHEAT CORNER CF TEALEY LANE AND LLD ALTCN
READ ~NE~L~} INTERLCTI~N, DESCRIBED A TRACT ~F LANI) YTUATED nv THE A,E.
CANNON UREY, A.TRACT NUMBER 232, CITY ~F DENTIN, DENTIN COUNTY,
TEA„ AND BEIlVC A PART ~F LCT I, IN BL~CI~ A, OF LET 1 TH~URCH BLOCS
DENTIN REED ETATE A RE~RDED BY A PLAT THEREOF IN CABINET , PAGE
454, PLAT REORD CF DENTCN CUNTY, TEA; AND PR~vIDINC FQR A PENALTY
IN THE M AMOUNT OF $~,a0a.~~ FAR vI~LATI~N THEREQF, E~RABILITY
AND AN EFFETNE DATE. ~~a7-007}
'~VHEREA,1VIar Properties Ltd., has applied far a change in coning far apprain~ately
acres of land frarr~ Neighborhood Residential 2 ~NR-2~ zoning district to a Neighbarhaad
Residential Mixed Use zoning dlstr~ct claslfteat~an and use deslg~~ian; and
~UHEREA, an March 2S, 200, the Planning and caning ~omn~issian 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 fade; N~, THEREFORE,
THE ~UNTL OF THE CITY ~F DENTCN HEREBY ORDA~N~:
ETI~N 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTYON 2, The zoning district classification and use designa.~.on is hereby changed from ~
Neighborhood Residential 2 ~NR-~~ zoning district t0 a Neighborhood Residential M1xed Use
zoning district classification and use designation far 0.5~ acres of land, depicted in Exhibit
attached hereto and incorporated herein by reference, and more particularly described i~ Exhibit
"A", attached hereto and incorporated herein by reference the "Property'}. Notwithstanding the
above real property description, the property being rezoned includes all property to the centerline of
all ad j aeent streetrights-of~wa~."
SETI~N 3. The pity's afcial land use neap is amended to show the change in the land
usQ d~Slgnatlan,
ETI~N 4. ~f any provision of this ordinance or the application thereof to any person ar
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provls~ans or appl~cat~ons, and to this end the prov~sxons of this ordinance are severable.
I
ETI~N 5. An eron violatln an rov~lon ofthis ordinance shall, u on conviction, be ~ YP ~
fined a sum riot exceeding $~,Q~~.O~. Each day that a provision of s ordinance 1s violated shall
~OnstltUte ~ separate and dlstlr~~t offense.
ET~~N G. This ordinance shall become effective fourteen ~ 14~ days from the date of Its
passage, and the pity secretary is hereby directed to cause the caption of this ordinance to be
published Mice in the Denton eco~d-chronicle, a daily newspaper published in the pity ofDenton,
Texas, within ten ~l days of the date of its passage.
PA.ED AND APP~~ED this the ~ day of ,
PERK R. cNEILL, MAYOR
ATTEST:
JENNIFER ALTER, CITE' SECRETARY
BY.
APPR~~ED T~ LEGAL F~R~
EDP 1V~ ~RNEY
~,r,
.
~A~~E
i
~~iHIB~T A
LEGAL p~ESRIPT~~N
~E
I ~i ' . ~
BEING ALL TH~tT ERTA~~V TRACT CSR PAR ~ i ~F LAND SITUATED HE A.E. ANNC~N UI~~lE~, ABSTI~A~T N~I~HE~ ~ QTY ~F ~
ENT N DENTIN UNTO' TE~AB, AND BEING ~ RART ~F LET ~ ~H 8L1~
STS ~ TI~R~UH ~ A, Q A, DENTIN ~EEI~ ET~TE ~A I~EC~~
~ SLAT THERE~~ cA~~~ET ~s~, ~T ~RE~RD, l~u ~ ~
~UI~lT~ An~D ~U~JEDT TACT ~E~ ~ ~~E PARTICULARLY D~~l A F~LL~
. ~ F~
BEINNlN AT A DAI~P~D II~~}N Rq FOUND FAR T ! ~ HE I~I~THEAT ~ ~
~NER ~F L~' 8,11 lD ADDITION ~N THE S~l~~'H R.~.1~1#. ~ ~
LINE F F.l~l. R~AI~ ~1 ~
THEME S~~TH ~EREES 4~ I~IIUUTES EgND VET V~11TI~ H
EAST SINE ~F SAID LET 1 ~L~ ~ D~ B, A D~TANE pF FEET T~ T ,
AI~RR4l~lATE D~[~pN 5~7~1THESTERL~' CITY ~.IITS LINE AND T ; E : r
N~l~ ~ ~ THEATEf~L~ DEI~T[~N G~U~IT'~' LINE AND BEING N ~ URE ~
SAID L~I~E NTH ~ A RAD1U ~F ~ FED AND ~ CHARD ~EAR1N DISTANCE ~F N~I~TH B~ DECREES ~0 ~IENU`I~ES ~ SEC~I~~I~ 1~EST
~ FEET;
THENCE N~RTH~IETERLY` ALN SAID URGE KITH SA~D~ Cl~~ ~ ~
LfNE AN ARC DfSTANCE (~F ~ FEAT T~7 A PC1NT ~N THE EASTER
~.~.i~l. LANE ~F THE N ~ ~ ~ COLD A~LTCN READ AND SEfN ~N BUR ,p ~ TC~ THE LEFT 'IThf A ~ADIUa CF FEET AND A CHID BEARIN
k.I l ~ AND DISTANCE ~F N~~TH ~EREE ~ r~I~NUTES SECONDS EA T~
FEET;
THENCE N~Tk~EATERL~ ALAN AI[~ U~~E LEA~IIN SAID LIFE 1lTH THE EASTEI~,~ R.~.. L1NE ~F SAID I~~~D AND THE DES ~
LINE ~F SAID ~~T ~ F AN ARD DISTANDE ~ i
. ~F 8.~~ FEET T A CC~RI~ER, ~ ~ E
THENCE NORTH DECREES. 4~ II~IUTES ~ ~ SEC~r~D EA ~ ~ .
DES T '1TH TIME T LINE THEREOF A DISTANCE ~F FEET T~ A D~RIE~ ~N T ;~DTH LINE ~F SAID Fall. B~ • ~ E
THENI~ N~RTI~ S~ ~~REE MINUTES ~
~'UTH LIN E~~ND EATITH T E E THEf~E~F AND TAE N~ITH LI#~E ~I` Alq LET A DID'"
~F I=EET T~ ~I~LACE ~F BE1NN~~I 1=1~1CLlI~ ASR F~
LAND ICIE CIS LESS. ~ ~F E E _ I~
' 1 ~1
L ~4.J~
i
~~~IIBIT B
LATIN I~I~P
x
~>a; ;
& a
~'&~~;ES x~~: qw.. <a
w. ~x
S.`,
~k~k~~
E~ a f
i, 2, ~y~.
~s ra~
.;s$tu. „
x:, ~i~A,,
,Y~ a.~rv~„Y.
~ °8
Yx'µbr~ HF' ~a
. , y M1 ' ryo~'v YoroA' ,i, :94~,,,,i R ~ < .,,p~oq =4
~ ~ ~ wo ~YQ6 xRb)o- Rox ~x~~xx:
~ - ~ . 9 . , ,
, ~VOI~TH ~ m, ~ ~ . ...'..p
s
k: '
4
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8232
SUBJECT (DCA05-0005, Infill Regulations)
Hold a public hearing and consider adoption of an ordinance regarding an ordinance amending
Subchapters 7, 13 and 23 of the Denton Development Code relating to infill regulations. The
Planning and Zoning Commission recommends approval of this ordinance (6-0).
BACKGROUND
On December 14, 2005, the Planning and Zoning Commission held a public hearing and
recommended approval to the City Council regarding the proposed infill regulations. Following
the public hearing, staff presented to City Council the draft infill regulations at two separate
wor sessions.
On September 12, 2006, City Council held a public hearing and tabled the item and directed staff
to make revisions to the amendment that reflected the concerns expressed by the public. The
main comments received from the public hearing and a subsequent meeting with individuals that
attended the public hearing was:
■ Redevelopment and infill are two separate issues. Redevelopment had gotten into the mix
with infill development later in the process. The focus was not on redevelopment but
rather with infill lots. Redevelopment should be dealt with separately.
■ Sidewalks are necessary in the inner city. Having no sidewalk requirement because two
adjacent lots are without sidewalks does not make sense. What happens when the block
is developed -who will construct the missing sidewalk segment then?
■ vVhy are infill projects exempt from street tree requirements?
■ What happens if a larger lot comes in and replats to comply with the two-acre maximum?
■ The 25% administrative adjustment seems high.
Staff prepared a new draft for consideration that addressed the comments received. Due to the
significant changes proposed from what was originally recommended for approval by the
Planning and Zoning Commission, staff presented the amended version to the Planning and
Zoning Commission for review, prior to bringing it back to City Council.
On January 10, 2007, January 24, 2007, and February 21, 2007, the Planning and Zoning
Commission held work sessions to discuss the new draft. Some of the commissioners expressed
their concern about the proposed changes and were of the opinion that the draft significantly
departed from the original ordinance recommended for approval, in December 2005. The
Commission directed staff to reevaluate some of the changes and prepare a table to compare the
new draft with the infill regulations recommended for approval by the Commission.
The comparison table identified the language that was deleted from the Infill regulations
recommended for approval and language that was added to the new draft. Deleted language
included references to redevelopment and impact fees.
New Language was added to Applicability and General Provisions to clarify applicable Infill
lots. The Infill Special Purpose District regulations apply to lots that are no greater than two
acres, provided that the proposed area has not been replatted into less than two-acre lots after the
effective date of the adoption of the ordinance, provided that they lie fully within the boundaries
of the Infill Special Purpose District, and provided that they do not fall within any other Special
Purpose or Overlay District. The intention is to avoid larger lots greater than two acres from
being replatted to less than two acres to utilize the Infill regulations. Infill lots outside the Infill
Special Purpose District and within any other Special Purpose or Overlay District may not utilize
the Infill regulations. Special Purpose or Overlay Districts currently in place within the Infill
boundary are; Fry Street Overlay District, Oak Hickory Historic District, and Bell Avenue
Historic Conservation District.
In addition, new language was added to Neighborhood Meeting Requirements to clarify that
property owners and current residents within 200 feet of the subject project shall be notified
within 10 days prior to the neighborhood meeting by the applicant and that the neighborhood
meeting shall be held at a public facility in close proximity of the subject property. New
language was added to Development Standards to establish where compatibility to adjacent structures is required. New development adjacent to a structure that is on
the Texas or the U. S.
Natural Register of Historic Places or, is located on or within two blocks in any direction of the
Denton courthouse square or is adjacent to any historic or conservation district must be
compatible with established structures in the neighborhood. Lastly, new language was added to
Parking to allow parking in front of buildings.
On March 28, 2007, the Planning and Zoning Commission directed staff to bring the previously
reviewed Infill regulations ordinance to a public hearing with some minor changes. The attached
ordinance reflects those changes recommended by the Planning and Zoning Commission along
with a matrix (see Exhibit 2) that outlines all of the recommended changes by the public during
the public hearing and subsequent meeting.
On April 11, 2007, City Council held a work session to discuss the proposed Infill regulations.
The Council was in general acceptance of the proposed Infill regulations.
On April 25, 2007, the Planning and Zoning Commission held a public hearing and
recommended approval of this ordinance (6-0).
PRIOR ACTION/REVIEW
December 14, 2005 Planning and Zoning Commission public hearing
January 23, 2006 City Council work session
August 15, 2006 City Council work session
September 12, 2006 City Council public hearing
January 10, 2007 Planning and Zoning Commission work session
January 24, 2007 Planning and Zoning Commission work session
February 21, 2007 Planning and Zoning Commission work session
March 28, 2007 Planning and Zoning Commission work session
April 11, 2007 City Council work session
April 25, 2007 Planning and Zoning Commission public hearing
OPTIONS
1. Approve as submitted.
2. Approve subj ect to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0) of this ordinance amending
Subchapters 7,13 and 23 relating to Infill regulations.
EXHIBITS
1. Proposed Infill Regulations
2. Infill Regulations Comparative Table
3. Infill Boundary Map
4. Ordinance
5. Summary of Community Comments 2005
6. Planning and Zoning Commission 12/14/2005 public hearing minutes
7. City Council 1/23/2006 work session minutes
8. City Council 8/15/2006 work session minutes
9. City Council 9/12/2006 public hearing minutes
10. Planning and Zoning Commission 4/25/07 public hearing minutes
Prepared by:
. .
Ron Menguita
Planner III
Respectfully submitted by:
~ ; ~ _ 4 R 4.. 7 v
/ _ ~ ti r i ; i~
~
Brian Lockley, AICP Interim Director of Planning and Development
EXHIBIT 1
INFILL REGULATIONS
Subchapter 7 -Special Purpose and Overlay Districts
35.7.14 Infill Special Purpose District
35.7.14.1 Purpose and Intent.
The purpose of this district is to provide standards for the development of infill lots in
existing neighborhoods on parcels of land that have remained undeveloped.
The specific objectives of this district are to:
• Allow flexibility in location, type and density, within the densities supported by
the Denton Plan and the Denton Development Code;
• Provide flexibility in lot size, configuration, and vehicle access to facilitate infill
development;
• Provide development standards that promote compatibility between new and
existing development and promote certainty in the marketplace;
• Encourage development of needed housing in close proximity to employment and
services;
• Promote neighborhood preservation and enhancement through infill development
of vacant properties;
• Encourage mixed use development opportunities in order to provide housing and
neighborhood services close to jobs;
• Encourage development that meets the city's economic development goals; and,
• Encourage new development as well as preservation of a diversity of housing
types and price ranges in existing neighborhoods.
35.7.14.2 Applicability and General Provisions.
There is hereby established a special purpose district to be known as the Infill Special
Purpose District. The boundary of the Infill Special Purpose District is shown on Figure
35.7.14.2.
All applications for development of buildings, structures, and lots within the
Neighborhood Residential and Downtown University Core Zoning Districts that are no
greater than two acres may utilitizc the flexibility, restrictions, limitations, and provisions
of the Infill Special Purpose District regulations as noted in this article, provided that:
1. the proposed area has not been replatted into less than two acre lots after the
effective date of the adoption of this ordinance; and
2. the proposed area lies fully within the boundaries of the Infill Special Purpose
District; and
3. the proposed area does not fall within any other Special Purpose or Overlay
district.
1
In the case of conflict among regulations, the more flexible standard shall apply.
A. Permitted Uses.
• All uses permitted by the underlying zoning
• Zero-lot line dwellings (permitted only within the Downtown University Core
Zoning Districts)
B. Neighborhood Meeting Requirement.
Applicants proposing to develop on infill lots meeting the characteristics of this district
shall conduct at least one neighborhood meeting prior to the approval by the
Development Review Committee Chair. Property owners and current residents within
200 feet of the subject property shall be notified 10 days prior to the neighborhood
meeting by the applicant. The neighborhood meeting shall be held at a public facility,
such as a public library or community center inclose proximity of the subj ect property.
C. Plan Requirement.
A site plan shall be submitted for infill development within the Infill Special Purpose
District. The site plan shall be approved by the Building Division prior to the issuance of
a building permit.
D. Approval Process, Administrative Adjustments and Appeals.
1. The Planning Director is authorized to grant administrative adjustments up to
25% from the requirements of Subchapter 5 of the Denton Development Code for
height, setback, and lot coverage within Neighborhood Residential Zoning
Districts and Downtown University Core Zoning Districts in the Infill Special
Purpose District. Decisions on administrative adjustments may be appealed to
the Planning and Zoning Commission by affected property owners (those within
200 feet) and the applicant, using the Staff Review procedure set forth in Section
35.3.7.D.1.
2. Adjustments in excess of 25% require the approval of the Planning and Zoning
Commission, and the City Council using the Zoning Amendment procedure set
forth in Section 35.3.4.C.2 through 35.3.4.C.4.
E. Content of Application.
Applications shall be accompanied by an accurately dimensioned site plan showing the
placement of all structures, and detailed scaled elevation sketches or photographs of the
front and side elevations of all proposed and existing structures to remain. The applicant
may be required to furnish such additional information or supporting detail as may be
reasonably necessary to assure compliance with the standards herein.
F. Compatibility.
While this Section is intended to promote quality development and eliminate conditions
of gross design incompatibility that have the potential for enduring a century or more, it
is not intended to stifle individuality or compel rigid conformity. Recognizing that great
2
diversity of style, often between homes side by side, is one of Denton's central
neighborhood strengths, this section is set forth with the intention that the acceptable
level of compliance with these standards will be the minimum necessary to assure
compatibility, not conformity. This Section of the Code may be augmented by the
publication in the Criteria Manual of guidelines intended to illustrate the standards. Such
guidelines may be referenced in the interpretation and administration of the standards
erem.
G. Exclusions.
The provisions of the Infill Special Purpose District may not be applied to the following:
1. Infill of an entire street whole block face;
2. Infill of an entire neighborhood;
3. Infill of land greater than two acres in size;
4. Infill land replatted into less than two acre lots after the effective date of the
adoption of this ordinance; or
5. Infill land located within the boundaries of any other Special Purpose or Overlay
district.
35.7.14.3 Development Standards.
This section sets standards for structure placement, height, scale, proportion, direction
emphasis, design details, texture, and materials.
A. Where an Infill development abuts a structure that is on the City of Denton's List
of Historic Landmark Designations, the state of Texas Recorded Texas Historic
Landmarks (RTHLs) or the U.S. Natural Register of Historic Places or, is located on or
within two blocks in any direction of the Denton courthouse square or is adjacent to any
historic or conservation district, then the Infill development must be compatible with
established structures in the neighborhood in accordance with the following six
standards:
1. Placement. No new or moved structure shall be located any closer nor any further
away from a street property line than the structure situated on either side of it.
Building separation shall be consistent with the general character of the
neighborhood. Primary structures shall be oriented with the front facade and
primary entrance facing the street or shall be oriented compatibly with the
neighborhood where the neighborhood orientation is not with the front facade and
primary entrance facing the street. Garages shall be located consistent with the
character of garage location in the neighborhood. Any lot located on an alley and
situated between structures that have vehicular access only to that alley shall be
developed with driveway access to the alley only. Review and approval of garage
placement under this section shall be consistent with other setback regulations and
exceptions of this Chapter and the building code and fire code.
2. Height, Scale and Proportion. The height of any structure shall be consistent with
the character of the neighborhood. Finished floor elevations (FFE), and front
yard grade elevations shall be similar to those adjacent structures unless the
3
Floodplain Administrator requires a higher FFE. Overall height, width, scale, and
general proportions shall be similar to or consistent with the character of the
neighborhood.
3. Roof style and pitch of the proposed structure shall be architecturally consistent
with the neighborhood character.
4. Facade, Materials and Detail. Where neighborhood character includes discernable
patterns of detail, including but not limited to, door and window trim, corner
boards, cornice details, railings, and shutters, the details of any primary structure
(or accessory structure visible from the public right of way) shall be compatible
with such character. Where neighborhood character includes open or enclosed
front porches, any primary structure shall include a similar porch. The materials
and relative proportions of doors and windows of the principal structure and any
accessory structure visible from the public right of way shall be compatible with
neighborhood character. Siding width shall be compatible with neighborhood
character. Exposed wood on any structure shall be painted or stained in a manner
generally compatible with neighborhood character.
5. Maximum Lot Coverage. Lot coverage shall be compatible with the existing
neighborhood character.
6. Front Yard Setbacks. Front Setbacks are as permitted by the underlying zone.
However, the contextual setback option may be granted by the Planning and
Development Director. A contextual setback is an average of the setbacks of
adjacent or abutting lots. In a case where an existing structure is located within
20-40 feet of the subject site and fronts the same street as the proposed building, a
front yard setback similar to that of the nearest primary structure shall be used.
"Similar" means the setback is within 0-10 feet of the setback provided by the
nearest structure or building. If there are two adjacent structures fronting onto the
same street, then an average measurement shall be taken using the two adjacent
structures. In no case shall the front yard setback be less than five feet, except in
the NRMU, DC-N and DC-G zoning districts, where there are no minimum front
yard setback requirements.
B. Tree Preservation and Landscape Requirements.
1. Infill development, as defined in this Chapter, shall be exempt from
Subchapter 35.13.7.C. Street Tree Requirements, provided that at the time of
permitting, street trees are not present on a maj ority of the developed lots:
a. located on either side of the same street as the infill lot,
b. between the same intersecting streets as the infill lot, and
c. within the same land use category as the infill lot.
2. Infill development, as defined in this Chapter, shall be exempt from
Subchapter 35.13.1o.C.3 Landscaping Standards where front parking is
4
allowed. All other provisions of Subchapter 3 5.13.7 Tree Preservation and
Landscape Requirements shall apply.
C. Parking. All requirements of Subchapter 3 5.14. (Parking Standards) shall apply.
For single-family dwellings on infill lots as described in this section, tandem parking
shall be allowed. For developments on infill lots, as defined in this section, parking in
front shall be allowed.
D. Zero-Lot Line Dwelling. Zero Lot Line Dwellings shall be permitted on infill lots
except as provided in 3 5.7.14.3 .A and are subject to the same standards as detached
single family structures elsewhere in the Denton Development Code, except that the
following additional provisions shall apply:
1. When a proposed zero-lot line dwelling shares a side property line with an
existing non-zero lot line development, the zero-lot line dwelling shall be setback
from the common property line by a minimum of five feet regardless of the
setback requirements of the underlying zoning district, unless a greater setback is
required by the Fire Code. Refer to Figure 35.7.14.3.D;
2. Where two of more zero lot-line dwellings are proposed a building separation
between the proposed zero lot-line dwellings shall be 10 feet. Where a proposed
zero lot-line dwelling shares a side property line with a proposed non-zero lot line
dwelling, the setback shall be 10 feet. Refer to Figure 35.7.14.3.D;
3. Prior to building permit approval, the applicant shall submit a copy of a recorded
easement for every zero lot line house that guarantees rights for construction and
maintenance structures and yards. The easement shall stipulate that no fence or
other obstruction shall be placed in a manner that would prevent maintenance of
structures on the subject lot;
4. Placement and/or design of windows on the ground-floor of the zero-lot line
house shall support privacy for the occupants of the abutting lot as well as for the
proposed development; and
5. The development shall comply with the design standards in Subchapter 13 Site
Design of the Denton Development Code.
E. Sidewalk construction. In cases where infill development is required to construct
a sidewalk on abutting non-collector or non-arterial road rights of way pursuant to
Section 35.20.3.B of this code, and for interior lots where sidewalk does not exist along
said street in front of both properties abutting the subject infill residential development
site on the same side of the street, infill development shall not be required to construct a
sidewalk along the non-collector and non-arterial street abutting the subject development.
For proposed infill on corner lots, sidewalks are not required to be constructed along any
street in which the abutting property does not have an existing sidewalk, unless the street
5
is classified as an arterial or collector; otherwise, the proposed infill development is
required to construct a sidewalk from the end of sidewalk to the corner of the lot when
sidewalk does exist along said street in front of an abutting property.
Figure 3 5.7.14.3 .D
~ ~
m~.
SIC ba~~
18 feet • 0 ~O t ml~. . ~ min, m1n.
. } _ ~ se#
hack hark '
lr~ill bats
Sty
I~t
a. Zero lat line dwelliings aye permitted only in tie ~ownwn llhiverrsit Coy mining districts. h. Lots ~ end S are In~ll Eats.
c Lot 1 ~~tl ~ are e~c~dng r~n~r~ lot Ilrre dwellings.
t~ and 4 ire l~ I~t lire dwellir~s. !~t 5 ~ a ~ro~d non•ro !ot Ilr~e ~welnng.
f. When a ~ropose~i pro-Iot line dwelling flat sl~res a side proper# line with
en existing nor~~era lot Iine development ~ ~ )rtl~e ~e~-lat line dwelling shall be sbk from the~~vmmon propergr line hY a minimum '#`ive feet
g. Whew two of more gem lat line dwel~ngs flat ~ 3~ arrd 4~ are pr~pod a bulldlr~g }~ra~#on tl pr~pd loll n~ ~IlErrgs shall ~ ~ ~ee~.
l~. l~r~ ~ ~rl era latlirr~ d~llirrg ~E~t 4~ ~rar ~ side pram lire with
a proposed n~r~ero Iot line dwelling blot S~, the setba~C sE~al~ be 14 f sett
F. Perimeter Paving Requirements/Road improvements on abutting non-collector
and non-arterial road rights-of way. In cases where a plat is required to construct a half
street road on abutting public or private street rights-of way pursuant to Section 3 5.20. L,
and for interior lots where said street in front of both properties abutting the subject
development site on the same side of the street has not been improved to the subject
standard, the subject development shall not be required to construct a half street road
along the non-collector and non-arterial street abutting the subject development. This
section does not apply where the development would occupy a full block face.
For proposed infill on corner lots, a half street road is not required to be constructed
along any street in which the abutting property does not have a roadway improved
pursuant to Section 35.20.L, unless the street is classified as an arterial or collector;
otherwise, the proposed infill development is required to construct a half street road from
the end of the improvement to the center of the intersection when a roadway does exist
along said street in front of an abutting property.
6
G. Unless otherwise noted in this Section, all other applicable standards of the
Denton Development Code and Criteria Manual shall apply.
7
Figure 35.7.14.2
0
■
~
D 3
Infl11 Special Purpose District
0
Fae! 0 1,100 2~OD 4,400
g
Amendments to 35.13.13.3.C.2.b
Except as prohibited by Section 35.13.13.3.C.l.a. Infill parcels meeting the requirements
of Section 35.7.13.2 and the general regulations for parking in front of buildings set
forth in 35.13.13.3.0.3 are exempted from prohibitions against parking in front of
buildings.
Amendments to 35.23.2 Definitions.
Infill Development: Development on a vacant parcel or groupings of vacant lots within
an existing block surrounded by existing development that is contiguous on at least two
sides for corner lots and contiguous on at least three sides for interior lots (existing
development located directly in front on the other side of the street may count as a side
for interior lots only), no greater than two acres in size, and is served with all or most
public services and facilities, including but not limited to water, wastewater and drainage.
Neighborhood: a sub area of the City of Denton in which the residents (or non-
residential uses) share a common identity focused around a school, park, or community
business center that are generally within walking distance of the homes or businesses,
architecture, or other features with boundaries that may include highways, railroads or such natural features as rivers. The neighborhood character shall be deemed
to be the
prevailing character of structures within 300 feet in either direction along street frontages,
irrespective of intervening streets.
Zero lot line dwellings: Zero lot line dwellings are detached single-family dwellings that
have a side yard setback of zero feet on one side.
9
EXHIBIT 2
DRAFT Infill Regulations Comparative Table
Item Infill Regulations Recommended for New Draft Comment
Approval I The purpose of this district is to The purpose of this district Language in
provide standards for the is to provide standards for blue added.
development of Infill lots in the development of Infill
existing neighborhoods. lots in existing
neighborhoods on parcels
of land that have remained
undeveloped.
2 All applications for development for All applications for Language in
buildings, structures, and lots within development for buildings, blue added.
the Neighborhood Residential, structures, and lots within
Downtown Residential, and the Neighborhood Downtown Core Zoning Districts that Residential and Downtown
are no greater than two acres may University Core Zoning
utilitize the flexibility, restrictions, Districts that are no greater
limitations, and provisions of the Infill than two acres may utilize
and Redevelopment Zone regulations the flexibility, restrictions,
as provided for in this article. limitations, and provisions
of the Infill Special
Purpose District
regulations as provided in
this article, provided that the proposed area has not
been replatted into less
than two acre lots after the
effective date of the
adoption of this ordinance,
provided that they lie fully
within the boundaries of
the Infill Special Purpose
District, and provided that
they do not fall within any other Special Purpose or
Overlay district.
3 None Zero-lot line housing Language in
(permitted only within the blue added.
Downtown University Core
Zoning Districts)
4 Applicants proposing to develop on Applicants proposing to Language in red
Infill lots meeting the characteristics develop on Infill lots deleted.
of this district must conduct at least meeting the characteristics
one neighborhood meeting prior to of this district shall conduct Language in
public hearing at Planning and Zoning at least one neighborhood blue added. Commission or staff approval which meeting prior to the
ever is earlier. approval by the
Development Review
Committee Chair. Property
owners and current
residents within 200 feet of
the subject property shall
be notified 10 days prior to
the neighborhood meeting
by the applicant. The
neighborhood meeting
shall be held at a public
facility, such as a public library or community
center inclose proximity of
the subject property.
5 Development fees may be reduced by Language on
the City Council if the proposed impact fees was
development exceeds these infill deleted.
standards and exceeds the city's
economic development goals. Where
higher densities are appropriate in the
NRMU and Downtown University Core Zoning Districts within the IRZ,
park, water and sewer impact fees
maybe discounted by the City
Council.
6 This section does not apply to the The provisions of the Infill Language in red
following: Special Purpose District deleted.
L Infill or redevelopment of may not be applied to the
an entire street block face following: Language in
or 1. Infill of an entire street blue added.
2. Infill or redevelopment of whole block face or
an entire neighborhood or 2. Infill of an entire 3. Infill or redevelopment of neighborhood or
land greater than two 3. Infill of land greater
acres in size than two acres in size
4. Infill land replatted
into less than two acre
lots after the effective
date of the adoption of
this ordinance; or
5. Infill land located
within the boundaries of any other Special
Purpose or Overlay
district.
7 None Where an infill Language in
development abuts a blue added.
structure that is on the City
of Denton's List of Historic
Landmark Designations,
the state of Texas Recorded
Texas Historic Landmarks
(RTHLs) or the U.S.
Natural Register of
Historic Places or, is
located on or within two
blocks in any direction of
the Denton courthouse
square or is adjacent to any
historic or conservation
district, then the infill
development must be compatible with
established structures in the
neighborhood in
accordance with the
following standards:
8 Tree Preservation and Landscape Tree Preservation and Language in red
Requirements. Infill development, as Landscape Requirements. exempting street
defined in this Chapter, shall be Infill development, as tree
exempt from Subchapter 35.13.7.C. defined in this Chapter, requirements
Street Tree Requirements. All other shall be exempt from will remain. provisions of 35.13.7 (Tree Subchapter 35.13.7.C.
Preservation and Landscape Street Tree Requirements, Language in
Requirements) apply. provided that a maj ority blue added.
of the developed lots
within the same land use
category, located on
either side of the same
street, on adj acent blocks
as the infill lot, do not
contain street trees. Infill
development, shall be
exempt from Subchapter
35.13.1O.C.3 (Landscaping
Standards where front
parking is allowed). All
other provisions of
Subchapter 3 5.13.7 (Tree Preservation and
Landscape Requirements)
shall apply.
9 Parking. All requirements of Parking. All requirements Language in
Subchapter 3 5.14. (Parking Standards) of Subchapter 3 5.14, blue added.
shall apply. For single-family (Parking Standards) shall
dwellings on infill lots as described in apply. For single-family
this section, tandem parking shall be dwellings on infill lots as
allowed. described in this section,
tandem parking shall be
allowed. For
developments on infill
lots as defined in this
section, parking in front
shall be allowed.
10 None Where two of more zero Language in
lot-line dwellings are blue added.
proposed a building
separation between the
proposed zero lot-line
dwellings shall be 10
feet. Where a proposed
zero lot-line dwelling
shares a side property
line with a proposed
non-zero of ine
dwelling, the setback
shall be 10 feet. Refer to
Figure 35.7.14.3.D.2.
11 Lot size. Developable infill lots must Language on Lot
be at least eighty percent of the size was deleted.
required minimum lot size of the
underlying zoning district. In no case
shall a lot be less than 3,000 square
feet in area, except in NRMU where the minimum lot size is 2500 square
feet.
12 Sidewalk construction. Incases where Sidewalk construction. In Language in red
infill development is required to cases where infill exempting
construct a sidewalk on abutting non- development is required to sidewalk
collector ornon-arterial road rights of construct a sidewalk on construction
way pursuant to Section 35.20.3.B of abutting non-collector or requirements
this code, and where sidewalk does non-arterial road rights of will remain.
not exist along said street in front of way pursuant to Section
both properties abutting the subject 35.20.3.B of this code, and Language in
infill residential development site on for interior lots where blue added. the same side of the street, infill sidewalk does not exist
development shall not be required to along said street in front of
construct a sidewalk along the non- both properties abutting the
collector and non-arterial street subject infill residential
abutting the subject development. development site on the
same side of the street,
infill development shall not
be required to construct a
sidewalk along the non-
collector and non-arterial
street abutting the subject
development. For corner
lots where sidewalk does not exist along said street
in front of one or both
properties abutting the
subj ect infill residential
development site on the
same side of the street
infill development shall
not be required to
construct a sidewalk
along the non-collector
and non-arterial street
abutting the subject
development. Incases
where sidewalk does
exist along said street in
front of one or both
properties abutting the
subj ect infill residential
development site on the
same side of the street,
infill development shall
be required to construct a
sidewalk from the end of
sidewalk to the corner of
the lot.
13 Perimeter Paving Requirements/Road Perimeter Paving Language in red
improvements on abutting non- Requirements/Road exempting
collector and non-arterial road rights- improvements on abutting perimeter paving
of way. In cases where a plat is non-collector and non- requirements/roa
required to construct a half street road arterial road rights-of way. d improvements
on abutting public or private street Incases where a plat is requirements
rights-of way pursuant to Section required to construct a half will remain. 35.20. L, and where said street in front street road on abutting
of both properties abutting the subject public or private street Language in
development site on the same side of rights-of way pursuant to blue added.
the street has not been improved to the Section 35.20. L, and for
subject standard, the subject interior lots where said
development shall not be required to street in front of both
construct a half street road along the properties abutting the
non-collector and non-arterial street subject development site
abutting the subject development. on the same side of the
This section does not apply where the street has not been development would occupy a full improved to the subject
block face. standard, the subject
development shall not be
required to construct a half
street road along the non-
collector and non-arterial
street abutting the subject
development. This section
does not apply where the
development would occupy
a full block face. For
corner lots where said
street in front of one or
both properties abutting
the subject development
site on the same side of
the street has not been
improved to the subject
standard, the subject
development shall not be
required to construct a
half street road along the
non-collector and non-
arterial street abutting
the subj ect development.
Incases where road
improvement does exist
along said street in front
of one or both properties
abutting the subj ect Infill
residential development
site on the same side of
the street, Infill
development shall be
required to construct a
half street road from the
end of improvement to
the center of the
intersection.
14 The boundary of the Infill and The boundary of the Infill Figure 35.7.12.2
Redevelopment Zone shall be shown Special Purpose District is Infill Map
on the official zoning map of the City shown on Figure 35.7.12.2. added.
of Denton or on a separate map maintained in the office of the Language in red
Director of Planning and deleted.
Development.
Language in
blue added.
15 Infill Development: Development Infill Development: Language in red
on vacant or underutilized parcels Development on vacant deleted.
surrounded by existing parcels surrounded by
development that is contiguous on existing development Language in
at least three sides, no reater than that is Conti uous on at blue added. g g
two acres in size, and is served least two sides for corner
with all or most public services and lots and contiguous on at
facilities, including but not limited least three sides for
to water, wastewater and drainage. interior lots (existing
development located
directly in front on the
other side of the street
may count as a side for
interior lots only), no
greater than two acres in
size, and is served with
all or most public
services and facilities,
including but not limited
to water, wastewater and
ramage.
16 Redevelopment: The demolition of an Definition for
existing building and new construction redevelopment
on the same site (or assemblage of was deleted.
parcels).
l ~ ~ r . .s, . f N.q • _ rw .
'S ~ fh~d*SfilittiFltiWY % ~ A~ • F
Exhibit 4 ~,I~ur Dacumentsl~rd~na~ces1~71DCA~5-OODS.doc
ORDINANCE ND.
AN ORDINANCE ~F THE CITY ~F D~NTON, T'E~.A, AIVIENDINCx P~RTI~NS QF
SUBCHAPTER 35,7, 35,13 AND 35.23 OF THE DENTDN DEVELOP~NT CODE,
PERTAINING TD AN INFILL SPECIAL USE DISTRICT; PR~VIDIN FAR A PENALTY
CLAUSE wITH THE MA~IU A.~VIOUNT ~F ~2,~DO.aO FDR vIDLATI~NS THEREOF;
AND PRO~rDINCr FAR AN EFFECTIVE DATE. ~DCA~S-~0~5~
wHEREA, pursuant to Ordinance Na. ~~02~04~, tha City Council afthe City of Denton,
Texas adopted the Denton Development Code the ;`Development Cade}'}; and
wHEREA, after providing notice and after conducting public hearings as required by law,
the Planning and Zoning Commission recornn~.ended approval ofcertain changes to Subchapter 35.7
~ 5.13 and ~ 5 ~2 of e Development Code, pertaining to Intl Special Ilse districts; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the changes to the Development Code are consistent with the
Comprehensive Plan, and are in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY DF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorparated herein by reference as true.
SECTION 2, Subchapter 35.7, 35.13 and 35.23 of the Development Cade are hereby
amended in part, as particularly described in Exhibit A, attached hereto and made part hereof by
reference. Ali other provisions of Subchapter 3 5.7, 3 5.13 and 5.23 not specif tally changed by this j
amendment shall remain in full farce and effect,
SECTION 3 , Any person 'violating any provision ofthis ordinance shall, upon canvic~an, be
fined sum not exceeding 2,~~~.0~. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word rn thls
ordinance, ar the application thereof to any person ar circumstance is hetd invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
SECTION 5. This ordinance shall became effective fourteen ~ 14~ days from the date of its
passage, and the C1ty secretary 1s hereby directed to cause the capt~an of this ordnance to be
published twice in the Denton l~ecord~Chronicle, a daily newspaper published in the City ofDentan,
Texas, within ten ~1 days of the date of its passage.
i
i
PAED AID APF~~VE~ this the ~ day of , ~~~7.
PERRY ~~TE~LL, AY~~
.ATTEST:
JE~'ER ALTER, IT SEl~ETARY
BY:
APPR~VE~ AS T~ LEGAL FOB:
EDfN ll~, I'TY ATT~
B
r,
~~~E ~
i ~I~IBIT 1
INFILL ~ELA"~ION
subchapter 7 - special Purpose aid Overlay Districts
3.'x.14 I~Iill special Purpose District
3.x.14.1 Purrpoe and Intent.
The purpase of this district is to pravide standards far the development of in~ill lots in
exlst~ng ne~ghborhaods on parcels of land that have rerrialned undeveloped,
The specific objectives of this district are to;
• Al1ov~ flexibility in location, type and density, within the densities supported by
the Dentan Plan and the Dentan Development fade;
• P~avlde ~.~x1blllty 1I1 lot slze} configuratlan, and vehicle access to fa~c111t~te 1nill
development;
• Provide development standards that promote carnpatibility bet~reen ne~v and
existing develapn~ent and promote certainty in the marketplace;
• l~ncourage development of needed hosing in close proxirriity to emplayn~ent and
services;
• Promote neighborhood preservation and enhancement through infill development
of vacant properties;
• Encourage mixed use development opportunities in order to provide housing and
neighborhood services close to jobs;
• Encourage development that meets the city's econan~ic development goals; anal,
~ ~ Encourage new development as well s preservation of diversity of housing
types and pnce ranges ~n exrstmg neighborhoods.
.7.14.2 Applicability and en~eral Provisions,
There is hereby established a special purpose district to be na~vri as the fnfill special
Purpose District. The boundary of the Infi~1 special Purpose Dist~ct 1s shov~n an Figure
All applications for development of buildings, structures, and lots v~ithin the
Neighborhood residential and Dov~nto~vn University fore honing Districts that are na
greater than two acres nay ut111t1~e the flexib111ty, restrictions, limitations, arld provisions
of the Inf~ll pec~al Purpose District regulations as Hated 1n this article, provided that;
t, the proposed area has not been replotted into less than tvvo acre lots after the
effective date of the adoption of this ordinance; and
the proposed area lies fully within the boundaries of the fnfill special Purpose
District; and
. the proposed area does not fall v~ithin any other special Purpose ar Overlay
district,
1
I
In the case of conflict among regulations, the more flexible standard shall apply.
Permuted Uses.
• All uses permitted by the underlying coning
• hero-lot Tine dwellings ~pennitted only within the Downtown University Care
honing Districts}
B. Neighborhood ~Vleeting equiren~ent,
Applicants proposing to develop on in~ill lots meeting the characteristics of this district
shall conduct at least one neighborhood meeting prior to the approval by the
Development Review Committee Chair. Property owners and current residents within
~a~ feet of the subject property shall be notif ed 1 ~ days prior to the neighborhood
meeting by the applicant. The neighborhood meeting shall be held at a public facility,
such as a public l1braxy yr cona.n~.un~ty center ~n close proxl~n~ty of the subs ect property.
Plan Requirement.
A site plan shall be submitted for infill development within the Infill special purpose
District. The site plan shall be approved by the Building Division prior to the issuance of
a building permit.
D~ Approval Process, Administrative ~.djustments and Appeals.
1. The Plan~r~ing Director is authorized to grant administrative adjustments up to
2~°IQ from the requirerr~ents of subchapter ~ afthe Denton Development Code for
height, setback, and lot coverage within Neighborhood Residential honing
Districts and Downtown University Care honing Districts in the Infill special
Purpose District, Decisions an adm~nistrat~ve adjustments nay be appealed to
the Planning and honing Commission by affected property owners those within
~0~ feet} and the applicant, using doe Staff Review procedure set forth in ectian ~~.3.7.D.1.
Adjustments 1n excess of ~~/o ~re~ulre the apprava~l of the Planning and ~an~ng
Can~issian, and the City Council using the Zo~.ng Amendtent procedure set
forth in Section 3.~.4.C.Z through ~~,~,4.C.~.
E. content of Appl~catio~,
Applications shall be accompanied by an accurately dimensioned site plan showing the
placement of all structures, and detailed scaled elevation sketches or photographs of the
front and side elevations of all proposed ar~d existing structures to remain. The applicant
nay be required to furnish such additional information or supporting detail as may be
reasonably necessary to assure corripliance with the standards herein.
F. compatibility.
While this Section is intended to promote quality development and eliminate conditions
of grass design incompatibility that have the potential far enduring a century or more, it
is not intended to stifle individuality or compel rigid conformity, Recognizing that great
i
diversity of style, open between Names side by side, is one of Dentan's central
neighborhood strengths, this section i set forth with the intention that the acceptable
level of compliance wig these standards will be the n~inirnum necessary to assure
copatlb111ty, not conformity. This section of the bode may be augmented by the
publication in the criteria Manual of guidelines intended to illustrate the standards. such
guidelines may be referenced in the interpretation and a.dtninistration of e standards .
ere~n.
C. Exc~u~~ns.
The pravis~ons of the Infill special Purpose District nay not be applied to the follawing:
l . Infll of an entire street whole block face;
ln~ll of an entire nelhbarhoad;
. Infill of land greater than two acres in sire;
4. Inftll land replatted into less than two acre lots after the effective date of the
adoption of this ordinance; or
5. Infill land lacated within the boundaries of any other special Ppose or ~verla
district.
3~.~.14. Development standards.
This section sets standards far structure placement, height, scale, proportion, direction.
emphasis, design details, texture, and materials.
A~ where an infll developn~,ent abuts a structure that i on the pity of Dentan's List
of Historic Landmark Designations, the state of Texas recorded Texas Historic Landmarks ~RTHLs~ yr the U.~. natural register of Historic places ar, is located on or
within t~vo blacks in any direction of the Denton courthouse square or is adjacent to any
historic ar conservation district, then the infill development rr~ust be compatible with
established structures in the neighborhood in accordance with the following six
standards:
~ . PlacerrYent. No new ar moved structure shall be lacated any closer nor any further
away from a street property line than the structure situated an either side of it.
Building separation shall be consistent with the general character of the
neighborhood. Primary structures ~~shall be oriented with the firont facade and
primary entrance facing the street or shall be oriented compatibly with the
neighborhood where the neighborhood orientation is not with the front facade and
primary entrance facing the street, garages shall be located consistent with the
character of garage location in the neighborhood. Any lot located on an alley and
situated between structures that have vehicular access only to that alley shall be
developed with driveway access to the alley only. review and approval of garage
' placement under this section shall be consistent with other setback regulations and
exceptions of this chapter and the building code and fire code.
Height, scale and Proportion. The height of any structure shall be consistent with
the character of the neighborhood. Finished Hoar elevations ~FFE}, and front
yard grade elevations shall be sin~i.lar to those adjacent structures unless the
3
I
Flaadplain Administrator requires higher FFE. overall height, width, scale, and
general proportions shall be similar to or consistent with tae character of the
neighborhood.
. Roof style and pitch of the proposed structure shall be architecturally consistent
with the neighborhood character,
4. Facade, Materials and Detail. Mere neighborhood character includes discernable
patterns of detail, including but not lln~ited to, door and window trim, corner
boards, cornice details, railings, and shutters, the details of any primary structure
far accessary structure visible franc the public right of way} shall be compatible
with such character. where neighborhood character includes open ar enclosed
firant parches, any primary structure shall include a similar parch. The materials
and relative proportions of doors and windows of the principal structure and any
accessary structure visible from. the public right of way shall be compatible with
neighborhood character. S~ding width shall be compatible with neighborhood
character, ~xpased wood on any structure shall be painted ar stained in a manner
generally compatible with neighborhood character,
5. Maximum Lot average. Lai coverage shall be can~pa~.ble with the existing neighborhood character.
6. Front Yard Setbacks. Front Setbacks are as permitted by the underlying pane.
However, the contextual setback ;option may be granted by the PlannYng and
~evelapment Directors A contextual setback is an. average of the setbacks of
adj scent or abutting lots. In a case where an existing structure is located within
~0-40 feet of the subject site and fironts the same street as the proposed building, a
front yard setback similar to that of the nearest primary structure shall be used.
"Similar" means the setback is within 0~ 10 feet of the setback provided by the
nearest structure ar building. Ifthere are two adjacent structures fronting ants the
same street, then an average measurement shall be taken using the t~vo adjacent
structures. In no case shall the front yard setback be less than dive feet, except in
~ the NRC~, ~-N and Bonin districts where there are na minimum Fran g ~ t
yard setback requirements.
Tree Preservation and Landscape Requirements.
1. Inf~ll developrrient, s defined in this chapter, shall be exempt from
Subchapter 5.13,7.. Street Tree Requirements, provided that at the time of
permitting, street trees are not present on a n~aj arity of the developed lots:
a, located an either side a~the same street as the roll lot,
b. between the same intersecting streets as the in~ill lvt, and
c. wlth~n the same land use category as the 1nf11 lot.
Z. 1n~ill development, a.s defined in this chapter, shall be exempt from
Subchapter 3.13.1Q,.3 Landscaping Standards where front parking is
4
i
allowed. All other provisions of subchapter 35.13.7 Tres Preservation and
Landscape Requirements shall apply.
Parking. All requirements of ub~hpter 35,14. Parking standards} shall apply.
For single-family dwellings on infill lots as described in this section, t~nden~ parking
shall be allowed. Far developments on in~ill lots, as defined in this section, parking in
front shall b e allowed.
sera-Lot Mine Dwelling, sera Lat Line Dwellings shall be permitted on infill lots
except as provided in 35.7,14, 3.A and are subject to the sane standards as detached
single family structures elsewhere in the Den#an Developrrint bode, except that the
following addlt~onal provisions shall apply;
1. when a proposed zero-lot line dwelling shares a side property line with an
existing nonzero tat line developrr~ent, the zera-lot line dwelling shall be setback
from the common property line by a rninin~un~ of f ive feet regardless of the
setback requirements of the underlying zoning district, unless a greater setback is
required by the Fire bode. Refer to Figure 35,7 14.3.D;
where two of more zero lot-line ,dwellings are proposed a building separation
between the proposed zera lot-line dwellings shall be 1 a feet, where a proposed
zero lot-line dwelling shares a side property line w~ a proposed nan-zero lot line dwelling, the setback shall be 1a feet. Refer to Figure 35.7.14.3.D;
3. Pnor to building permYt approval, the applicant shall submit a copy of a recorded
easement for every zera lot line house that guarantees rights for construction and
maintenance structures and yards. The easement shall stipulate that no fence or
other abstraction shall be placed in a manner that would prevent maintenance of
structures on the subject lot;
4. Placement andlor design of windows on the ground-Haar of the zera-tat line
house sha11 support privacy for the .occupants of the abutting lot as well as for the
proposed development; and
5. The development shall comply with the design standards in subchapter 13 bite
Design of the Denton Develapn~ent fade.
E. sidewalk construction. In cases where infill development is required to construct
a sidewalk on abr~tting non-collector or nan#arterial road rights of way pursuant to
section 35.~~.3.~ of this code, and for interior fats where sidewalk does not exist along
said street in front of bath properties abutting the subject in~"~ll residential development
site on the same side of the street, infill development shall not be required to construct a
sidewalk along the non-collector and non-arterial street abutting the subject development.
For proposed in~ll on corner lots, sidewalks are not required to be constructed along any
street in which the abutting property does not have an ex~sting sidewalk, unless the street
5
i
is classified as an arterial or collector; otherv~ise, e proposed in~ll development is
required to construct sidewalk from. the end of sidewall~ to the corner of the lot when '
sidewalk does exist along said street in front of an abutting property.
Figure 3~.~.14.3.D
~ ~ feet rain. miry.
yet- set-
b~~~
14 feet ~ ;10 feet 1 Q feet
oiw R ~ RbY~~ f 1 iFJ o~b~~i ~ 1 jl l ~1 Vri6i~v~~ "a~ao N ~o-0i~." A nn ax9 80 oi~o•o^•
' R>~'> r ~xxx x J~ty ~os~. ~G~~ a.•....~oi [[ppJy %0 kak W a JGt x60>;ieo ~ back a~;~;;,:o-„ bacl4 ~r^~ x baflC
Intl CWot~
street
N~t~
a. hero lot line dwelliing ire permitted only in tl~e pawntown Univ~r~ity ~vre caning districts.
fiats 2, 3, and are Infill lots Irot ~ and ~ are existing non-zero Cot line d~re[Iings,
d. ~.ot , sand 4 are proposed zero lot line dwellings.
l_a~ 5 is a proposed non-zero lot line dwellirtg~ i~. U~her~ a proposed Zero-lot Cine dweliigg (lot shares a side property line witl3
an existing non-zero lot line de~reloprnent blot 1),tl~e sera-lox line ~welli~~ sC~all
be setl~aclc from the common property line by a minirn~rm of five feet. g. mere two of mare zero lot-line dwellings flat ar~d are proposed
a build~r«~ separation bet~reen the proposed zero lo€-line dwellings shall k~e 1 ~ feet. h. there a proposed zero lot-line dwelling blot 4} shares a side property line with
a proposed non-zero lot Ilne dwelling {lot 5~,the shack shall be 10 feed.
F. Perirr~eter having RequirementslRoad improvements on abutting non-collector
and non~arterial road rights,of way. In eases where a plat is required to construct a half
street road an abutting public ar private street rights-ofway pursuant to eetion 5.2~. L,
and for interior fats where said street in front of bath properties abutting the subject
development site on the same side of the street has not been improved to the subject
standard, the subject development shall not be required to construct a half street road
along the nan~collector and non~arterial street abutting the subject development. This
section does not apply where the development would occupy a full block face.
For proposed inll on corner lots, a half street road is not required to be constructed
along any street in which the abutting property does not have a roadway unproved
pursuant to section 3 L, unless the street is classified as an arterial or collector;
otherwise, the proposed infill development is required to construct a half street road from
the end of the improvement to the center of the intersection when a roadway does exist
along paid street in front of an abutting property.
I
i
~Jnles others Hated in this section, all other appl~ca~le standards ~f the
Denton Dcvelopn~ent bode and r~teri anal shall app~~~
i
7
i
Fiu~r~ 3 5.7.1 ~
, - ~..n y ~ ~ , r...,..1. w --.e~ ti .s l ~ 4 . .:.fro-`#°#iS~`~ i':: ~ - y~~ .~-.k ; E ~ n ,r `ci:`.'r e'r _
~ ::Eoi~t:ii:i . . ~ ri,. _ r -,.j
+ , I rho- <arir trfTf k~~.~,.~.~.•,4'~..~..~.~ .:}..i~ 3* r~,~. '!r v:l ~5~i. 4}5 iS,i • rx.'rl~::'ii:F;r.`.''~~'~~ ~ *~'w -'Fn :'~,.J;~ ~!#;r~;~'::"',ypV..
~ r~; r-'r. v„'4r,'v ~.S ~~r.. ..~-,x.t• '#,Y:},~••:~'r,I4 "I~~;-.~ -?ss<w:~l ~~fi~'-=g~dC~'~~ Y.S;; ,x;;l~~~ ,~;~,.":"-.~....y,-:.;s'-`~ .,;i~,:,;~f•r ~''Y'f
F:~ ~ s..,............ *w4~ i:;:~; YJ~ ~"(f~S~l,.?s: ..'~.~m"+:n~'::i?~[1o-:i:_•~I~'F'~ .,ti` ,`~lf•r~nn,,i;.~}~:.~::~. : :i ~tiy :=a V J ~I ~~I:~::
i:Fi e..- - r x Ifi`~. r"•"•.%'`-
y ~ 233[q,~;;:,x,>?'4,``~~ ~ ~~'i~k-µ~~:_k.t' ~.'i ~r,:;~~,:'0,^j.~~,, a :?'~';}-i _ 'r ww -..X.r n:i$~: •s!i: r:,~c:;°a°a<~1:~3:.: ~;x:, .L',
~~'C ti^".'._~; .5 ~~]s:j~:#;;!; ' , t ' ;r ~=s.. ~.r:.x~:.~..~.~{.... "+s.:..,. :¢„E` : 1~;..i~ Sr"7t ,-.S:}....~, h.r-tiC....:j..:}-N~:":~. ..i:~a fly.! ~i-.
t Y ;~w~ ,,.;r. - EE "'f~ - } :_<r-r",x I; @f:y;ri,:si~ :5~'rv;.., z..:..E"-; „r.~ ..ir;~r.~. ~,~~;r1~. :~F~'.6rti:.- =~{3: ,::iii- I:Y~~„Y}.i~::~'~
~a i. ~ws::~ss!::"'"::~. ''~''~'S5i-s: I: s:~. .i,i i:w' S::i",. •~7rf ~:~I I: ~~'e;`:s:a:.:: - 4 ` - ~ wlx ~-i ~.r.., :!4 i;~;r:+:' s:~ YY
~.#°14R~'ni'.a.',nii''- _ ~ :~-.,-.~+I„~,-~. r;i. ~-T ~l 5 -:n..C:r~~' >C.i:'~~i~£s. ,r~",.~ j•~~:tiii~/r„1~'~.~':~~:r~ ch G.:-i - s ~ r~~-1'-.
.u~, a t- 'r; 1 rN~ :.f;;]".,. ,'[F ,r.~~~;1~' ndr .v,l.. - - - --.r- -:'r -_--"k,-..- .-~.-rr.r.- .r:.r.:.:Y.vrc,n+,-r' ~ : -
~~~~,','h :}.;Y;11-.}!: =r f'~• :1 r-T.}~--j:~:v .;Oti r 'k . ..-~~~...-........v.,....: .r; - ~ .i4k:,' .i`cv1 .>-,r -c}:;; ';;l'-r _ e~ry~:~4:1~::i;
~ ~ w'~i'crr - ~Y~:F: 's sl:so-..~-._y_, ~;3;^':,. ~-~^ti4n ~r::~~:~wA: :~ri":°nv:v. ,y~v'3!s'M., .'i'.Yef ~iaS. ~"F'"~{ ~ ; ~ w (f'k - „a,: .I .-~krp..
i ::ry ~,i,~ ~MF~ ;o-r: ~ fr,"€d-~'w~ ~"a- r. ~%i .-.~-.~~~~-.w i:::Y ..c. •.r:1 . ;r~' `s Y: n,I:ui: S"" !~<6~iG4 `ii~'My •,'~~.i.~; Rr
.:;+a, - :'iNi:o i7,;4~{„ -
rx: ti f fi..i ~;d ~r~:;' R'} {;:i ?~i::r r. .:r.'"J ~i':.r~iii` *M"S,~ , .-ix,:....iaM1:~~~r:'r-'-,y.o- _y.: .w k - .-'r:r- . w::rG:c ~:t..,.a
"r :r~ .r..r;`i' ~y •..5 ; - -.l ~ x,..- ~i Y..- ~-r' 1 r• ~y db~''r.' ~jr<v~ -:r;~iY' : r. 4w' v;~:Ef}T.~':yH,1 i Y'.,y~:::{,:4:'Mr
4'~~,/'}-~y ~~•i f..'~'}M1:,~ }F:. d ~iYr -..-..-b--i- rx 1 `i'l ~"1ti -r ';'n ~ hr h ~u•mi~ , ~~y~v ~ - v,.
, r} i'w ~ L r :~'~"i -~.y;~ 'r~ It r~;A,: Y;::~' w. "rte ~.~;r v: i i i x" 7 • 'F ~ .i. t < ~l. 4r,
's,. h ~:E ~ ~ ~~}}x? . - c 5~ Y.-.' ~ '........q. A ti - ?y ( ,j1i~-y!r"'r •~y'S''`'+ ,,Er- 4 X r xai' 2~~ ..x..::-::-.'
;;.~.xt K ..,r. k~
- ~ r. - - pr Y s a ::r.:r:. tii r~• M:.: n~ l HS~. {.x S}i y 'K ' pp .~:~5 - _ ,,bb„„ .pr : ; : !r
, r::• r.i„~-:+,.,asa, ~?.rs,'{~y'¢k .~yx::.', ::rl s,~"dr~'~:. ro-~ ~ ~:s.;M ~,:.~-ida; 'yu'~• raw>l#;, a ~~yy SS r•tt-A w
: ; , ^rF°M...,~hr6~ ~;:~n:~ri7.~].RS::.'; ~ ::~!~~a%~`:knazek;:.,," hui~o-, E;r~ `'uc r"hi. . ~ -.~-rw~x:.:.::~ ~ p....~$. ..~~..~..Nrrv, r:w~.:,
r?.r. "'~tl,A':Y g:7r"":°""'i';i~~'" ~-.i~ ~;'~f1_in y. ~r K>:.:~.;;- •Y ' y,~+c ~'kr 4w - f - .:......i x3.- ~w"-. -°i'+i ~ i:. ,%f..~..Y., ,ae}a,,;:n'.+
-m rrxrY~r- ! y s,aa M,~-M~,,.a.;s:.,r.,~s.3::.- y,y 'i;ot. ;~':,xsli:' - ~ . :;~f'r .r,. x..:.:. ;i:~i. ~...;-.;..;:#rv-M.x.F~rr4~,;:.. i'a
ay.,roio~.; .:r .,}oihrY:'~F~44 hO,jC~,:L^~. ::Y :~Y~ ~ K`c ~ :;','Wti~'"~.Y~ 'k h% ~w,7'Y'v y, ~ 3.. ..S,~x '-'s,.Y _ ,~.r ~,1, !f+..~• •,}~.I„ r
ley !(fit , k... o . ' .A'~. r",. ,rrxi. ....2, _ x ..:i{' 5. :!.Y L.,:: +~'lrW: -!i"{G::;:: ~ • t~yx 5 -'r ~ ~'x~ tt• o~F~'f'f.f'Y'y4}w+,hy
.~yf m, s sir-rcn;4:G{. y. x~..... ~ f. ~f'`;}k.,, ;~r~{¢¢ Y Y~~ :x..:,.n.,,..n~..~
• rx i„ , o-~ ~ . ~ ~ . ~ ~~ss~ . ~~,r, I;...:::6'f .X ~dF}:, I:~i;:;;:F~~fr::':.:'S. o-k'i"'•i#v ~:u{ •r:,:.:a'b•,a. xo-y,~ a°':..... ' x.... x....,..... ~
' ...:..:~,.n:~,iii ;y 5 M ~tir•~ x ~ :x ` r ..o .........................-.--.--.--„~,>„,~w>a:,,r.,~:~ ,sx4 ':iy. ail rx:': .:F.: ,;I`: ~r:.! :rkl
::n ~i'r^ - ~:::..:.x::::ro-<o-<.Mar<,.;,..F.-..-~'a,,.r~.,n„c~rrfldR'r} ; r-:: :::nom;,,' ; ~ °o-.•iM1:'za"%G._~-rt.: .;"`w' ~'r.ir .,t ~ .l.s. ,.".......,,..~~~.5'r
~~us.-3 ~ ho-, . v,"t / ~.'"......~i.,x'°.: .w,,;4 a ~`iWW \ C7; : r. : ~~,,.,.,f. ,{....1., F'}~ x~':: "ISI. i::h;:.h.:h rl4o-;:: k . I r-
F..': i ::.:::..:..:::::.::::E::.::::: , i „~?C. ...........,~,.3~ wS.. yy w4 : v... ':.r.; ~~~s.:ke .GR'l.:AY:.,. Y„~~: aa,n ~;~'r:::i~',~~;c.~~=:. i ± ,~Sdi).i.;~in:x:~::r
, ~ ~ ::.:.:..:....~r Tao-„",,„,„,„,„"c...:r:':--_.. °Y . ~°a4;~~;,. ~.A°~ ,r x 7•~, s~- ~..3;`°~.. 'S„,,yY w%~rY yi.i:.
~$';;wwls,,~ ...'"~?'4 ~.•..::rs ~:r- .elx;. ~"f~ .LYS ~~~~;x ~ :i~~-A'~Y^'~"`81,^H .;:.E;r .~~4~i2:~~;::8 „~x,8'~rm ;z~ _ .:spa rY... , ~ q ..........xx
- > ........,:g....,.. .ii Y#"" "^rd.y„~..... d-z•"_..fJl{" ` -~~r#,rr,w. .`."3` x a,:.,,,,,~' =,ti<wr.;i: :x ,f r"S~"w - ;tia,~ ,..-0. x. r='" wsr rk° -
x ...:~~::':5 ~:':'::':F:: F.rp 'L'- 'd ~.,..,.,...,.r::..,. M"kLut :.:iY.: t. r.S &n~~, '1~ :r .n. , , 6~r x::.: ........x~#::.:r::: '<r:.is .sr~~... &
q .'>F. ,,,i;~~p #E:rx, .:s :,,,o-w- r ~ x'.s„ ~.,tdt 'I ~ r~, , .:...~:..:..:......K••, ~-u"fifo-p:,n :~c..: :-tnp4pu x° :«:#d t, ;k Fb',~~^ '~:~'x:>:`-ris-r<'
s ~~r 'x '~'r - „ .r.r.n i ,ru: , r
;ry xw.F ~.ul.'~....._• :.Y:::::: ...,.,.."::,.rrnr+„,x, r~~'t. ..r;r 4i r Rs!"3C ,.,..,;.:r ~ rir°.. x ...,r,....r,.~ ,..~...•Y..,a~::x .~s~.
.".~':$?~Y:':~.,Gx..... .<4: ,:F::~i^- r"`'";'r%:FC':ei'~;r+'i'tc:. 4: . r ~~n#r.:.h~,,,, -yA.:;*liM ;x~Yj" avCf41~~~~°,Sr.~,4'=i~~'.~.~:<.., .-.S'~;
y~ ,..w~.y.w'~:.: ,LN G'~ . Vii: `-'i:,.v;.q'y I I:~.~' ;rWr ~i;; .,.5 ''4. ~i /rii ................::....:::::r i],• H:7 kJ4 ~4~~. n..~,~r- ro->' c;X~
~:_-_q. .y, ..........~.........~~"•'"~i{3'$'t.~~ '-`w -.~~....:..:::-`;w.~<r~;oao~::~'. "»'r,F£:.3:1iii3~ ~i":~;:-; „Sli~i: ;.~i;.:.k3.-.- ~ac,
..tilernru,"m,,,; 4~rF.,.. -.=E!]-..J7,fa^;o'f "h:~-,,,v,M,. . ia.: -".Y::i• -~fi~f:..." ..r, rr-,I.:: ,~i~. i:'rr..rn~ ,n ..y.. ~3 l.: .k'
..........fi . t .xxxr: it r wr _ ~e". _ p.::.;.'.,..r~: x~ :~:::-:r . .~~..S:irWSF; x:'~ ;Y:~-,~~~' ,.-5. ;:'::':'.:r........., Y^`. S''4F-
r:' r:: 5~:"::: ::1: ~'r^"Y~: .:r;..l......... ~ .......5 r M1'y.~ is ` --5.-.-.:-:.-..-..-. { Y. fi i ~rrn~m:rrns µu:: ue:.. ^«A ~~EY
ru y`iy:,.r+~,.e"` ' V.Y.. ~'1.:~::~:. " .......-i„e.::kfa4v:;.:4rY,a, ,r -r'„',+. .r; .-.4-:.-.-:5- .,,e ~ 8 yeti ~ i~-[ i~ :r7C 5'~,,...... ...:r
" 4{,X•45 r1.'::„ r.,w~ t.'}u:l...'L... ~.i i~:: ...................l..H.:..:.................-..-.--. - f-.~~ ..........#r ...er.,.....-.# ~ ~„"R:~.. R~i$,~i ,w
.,'.,.n hti` ;........-..-.r E~Er~' ........g.. ~ ~ ..7F......~.,.-..-.:.. ,,,,e.........c ~ : ,u..8e-..-.-- `'~Y: ;~.t.S' '4;.• i.~.r s ..:::..~::jj!
. :
yy . q r . .mr,n,r..rix..r...:._..:-.,..-...._.,....-.x . . . . . « E::::::::::::' ..u::': - ..u.:~::# ~p+ m rry:' ..xe-__--.,.
..isz ~a,,,,-_: r:: ~i.~ : iii: .s.4. 3 - i...C~ tl }..-..-..r 1 X: r'-'-' ~ ~ i~ f', ,.Y;i V L ,r 7i: p ~1 Y.~~.• "yp+p ~
.4 r _ ~ ~ a~i".!:::' .;:-yf'>..~..~.~~.~~.k.:~..k'r fS Frc { .}{..yam, ~y~ ~ . /!qq~~ ~ ' . .:::±;5 ..d.-.35. u,°F " '..'r::'
) F i.2-~{:::::::::::tsu~ti :,yr... ' i; vv///,a. r~.r.......... . .L ~ kX...:.. ::l r~i,
" t: rap~' ^w"y.~rt Y.... ~xv .~x F.4h.~.. r...... ~.,,'u.~~~,4 ....w .14 -.-1If! X,:."." . --G~~n ~:i'Af" ;:#:::.,.V4vs;:~ : ~ : n::...,....,
r ' t~.. 3 . f~.~ 's-~R- .r..,.~~in. .....J..yr ~-'rc.,.,~.. x~ M .w:-'- - - , ~?~r~ . 1 ~.krrr::':::'~:: , c;v ,:55:i:} ::::::::::::::::::r°~~ ::g ~'-~gy~
: r~S . . G~ y ',ar" '?r.n. `'-.~rn~'~~~...-YM i ...............L n.. ~::s .^`r:. ,x~`~'#i~ -<f. ;.~sk_s::>: Yo-' ~ ~ `n t k4 . ~j
T:
"Y~.r . iin5 ~nr #r. , ,~¢F . ; . r ...-.s.- ...;;...,..w': rtP 7 -Fizx;::i: s~~ :aiS: .x .r,...: .I.. S •u .~~'"w...N+•, y~ iP.,..S `~'4~'.-'j
.d,-',~ ?~~4 g Yn.r~..-,.-,--. 2...x, <4< ..v.. '-a.. L. .......~c.~-. Y!,':" _ ::7.t.' ".7'^~:s-'.. ,i~ m4{¢ /r W ~.T ~ ~ „xv
~t.~. ~aFSK ~ ~ ~ -ca.,. s r.,. xg. ...}!:'r ; ..i M~iti~ '.$n ~ i,E'kr°°~' `YIf~. NON S,G ~ ~ r f. Y rx .-..x..f.f +.~K ~ <:h~' ~~iax
r....,,-..3..-. - ~ s.-. .r'....s-~-.~~~~- c. k. sr~.nt~..,,,.. .a5~"~ ,G ~.ti:: x.4 ~ .r-' ~ #~o-« :.;f,,,s tt~ . rt ~a,r :FIw::-::.~~,; i.,.i
.~.n:E.....-h-,E.-... ~ - 3x;:, :::Y'!fo-"x .x°.`~' ~ ~:us6,~Y~``s:..~ i:SuM„"~"-~~' ~ •F!: ,.:xl::. rrrrn~mmn°rYi . ......:.5:v,e.u< ,,FWI',%,~~=,.. ~,~A~t~,;.:U::.-...
.........~Il: -~~'ksi'fii rs,::x' ~ bra shx>~"~ ~',x''4y ~x~~ r tx..~..~...>,:-w<w:<~r .y"... ~a'-yro-..,.,o- ~ ~'s: :ia~h" ! ;r.',e>::::3:~:::' ~ _
_
~.c....; ..Y: i.... ,~o.~.~:. s; ....s s fir ~ F`.:::: n+~: :w,i! t . n. w, N: .4rnr M p5{], ~Milv4S"iri+{:........... " .f C!%{{! ; !!~..-..5::::.....
-0SY.. i~~:.. :'x`S.4-.. _ A ~ " - ~y~ ~ 5. #.F :i£~-siM ''rr' Ufi ,t}.' ...,r,r:..-..~'f. u,t::;,..-. s..,r ...,--....--.-.n~m.r,.~ s. F .~..~gg
:.s . nE~ ::5,:.: :::i::.:.; }....:a::~::': vo-,.. ^sr: - as .:..-..:.:..¢?7m.~, „-o-':-w M: . : l:G. S ~ ;:n-.~%%'.. ynYL .w:: P",$.,, ~ IFwA - .;..a.
~--.....5 .~~.,'===~7. ~ ~ -..r . r";..,r ,r r iFpK ,:;m :!!jY~ ' £:-:r ~::"sr~ ::r: ~...-.xr r....~..,n::r i ~ ,r , k ..,,ra.u....u~.} i x.: ~1":. z.
i:s";<?yvF~i{a'sr%:~K:'- ':Fj~~ s~ -...a.: ~~-~~:~::Y~;::;::;i ti;;:.,xr ~ ~ N'f%p ~ ~ ...a '!R:~I, C. e,,..ra,rcr-r1nn~F~IS:r~""-. n,~~rwx.'•err.,-~...~~- ~.-r.,•,
r:: , ~'.:.x3" .~Y';~.1'::'~".~. ~~I~'r' .:-1.;;;: rr~; "C- .....f:~.~;:: •:1.. 3 i- im.lw .<...I~i'~~r3~,.. ~d :::~?z.:...., o-e~SGa:: ~G~: I'"•ww
M!
, ~ ~ . "7:#.- S:x - 9 ~s xk ..#.„-,y t`s5 `:i:r : ; "#:.2j6iY1 gg „r ~.~f. r,~..,.. ~ -::~::::s:E~;.3 ~Yt;t'r:-rr.MFt
Sr.:~':,Yr. ~8&o-~ .-.,...'i . .......:'-~s. .u.--.--_•~...,<,~i.' ~r'"~.. .,,M,ae :y,. ~~~g:."Ma~4":: .'2% :r,. r;'::: ~~~..R.~~ h ,.......r,..--..-..3....... ~r "-Y-w'
,"„v.... ~F}hl.~~~n. ~-~.~r~.; S~... rX~ '1..5,. ~:Y;i ..,uc K :ice ...........-.-.M-- ,.,...,4s r.--~. :~,w..wwx...r;..v.. .~h ..-..'f G'.
~:r:~~`-~ -'x'~:'' ::gi::~~ _ Y~c .::'::.:~:.:':;Y:i~r .,M~Ir~-.~~F..--.# ,tt~ Y--•..'r.5 r. M4°:-::x~a'i5~1r--'"=•`-~•~^~' `.".#~:..x., i,~.....4<~~ ..Iw
~~i. ~ s....: .....................ir-~~: ;w, r~:;'-;x':.',:.,Y., v+•,y ";o-. mirro-.M;, -6 s.,.... = ~~:e~ 2:s~r, ~;....-.Y:a ! R. ...x,ao-".-v uF . .............i.
sr:-.{,::~ ...3. ::rri.hr:.. _ •J;~w ~ n... n-c.-.. „r.... .i„r~~„i..h.{,-n Z::Y"::_3-:;:: :5`:5.. [~~i°,] q , ..,a x. rr- .k..-..-... e:......
c•.r::.:~, '~,:Y., r-::.:. ~ '-r.x ~:r,?4 s-?~::_: ~ ~ ~..~r.- Iffir';." Vii.., _ ' ~ ! 7:~- -Sw Y~ "S.FK.~f:: }.F ~hr ip N'I ::1
~a~r ucx ~ 4'r _ r-~S.~rrr~.-.., n~,wm~sa~i;'~..~.~~h`-9~. ~..x.. 3 x. k5f: ' { ~ ~ -:~"-.S'¢~Y~ ~~J :im~r ~-^S-::: :yE! whs:. : [{w .~cai:~
- ~Y„}auM.myw-,;-,.-.-.°--..-.r*'•.-_.--.--.; „-~--~„n~r.. ~...~...~,':::.~~..g2 ~~~..E¢~;?G 'kE"~„~.: rr... ~r.. ~34~ ";w - : , k.x3oa. ~>n, , .
. ~ mss, x .s ~ ;;i::.l- ~ E-.-,I.nrt_-,.i.$w.a"x. xP :i 'F~+.-.. ,~.c.~ .....r::.,... §rA,,.~r..., r~wv~~~.~' vv f w,w5r;wy h.:'. - 3 5~4:~ . s t
."c. in. 'i~'r F~-~~' r4:' .,.~,-~--:-°-:R~h...-5 n'-:::. 4i ~ o-r. ':r' ~ r¢<sk ~?`i:'c::::= - :r"- - -b ~ ,-Y-... ~ ~ is#....:-:',r.~nx, ~.,,~pp
r R~.~~ ' ~.i.. YF~::,; °-~r ~.~~rS ~:.i y......,........ r£ . X..-:.. =:s:~ - ' .k~>.iZ._ . , .$sA r <'L..xl::':" i'#i.. $:~i:': +i: :zn
@..,f...:..~... ,g:; e .....s4 ~,..s,,,. sb a. °rMS..,w,-".°-": c}°'"";:s: - `uc: .....Y ~r:° ..::r.. ~ ~ s'} ~ ..,ett:::::: _i:.:,.: ;x E#] Ir, ~J
~.t: q:s".-.5.,.",f,,.....,. _..~..-...-~h.... f ..."~.'.5.1 ..i-rxr b";d/' i:...::.:........ 'r . - a. F-... - ...y i#e .,.;;It'd ,~r: x:....~~~~.µ :S':..-1:..
, .~,..~....m.-...~ ; ~ ..'i.~~ ~~~rl~~qq~~,~,.'S.. i.. ~1-..! ~ r~: :::TS1:': r:' ..'S I' ; ~4~,. ..4'r :y k<: "5+x:1," ..x..> ~i, y'!~ T
.iM' -.t ~ ^'.Y.. .Lrn. ...rvr. ~ f ,ai:; ,.Y-~;~5.... i.. yFrry'y') .-s:-:.S.-..~..;-.....f i.,.-::-~iri Get x; S4..,.k...i ,y, k;";~ ;
~F.;,! ~f`i.:'SkrS ""~~~?:y ~-w" x: -.~al=..,u" .::Fm' :.k.^.. h!:.. :h::: < < "{-86 }}~.pY. ~'A,~- tY~.. rr'~ i'~" add ~a -?.G' ~.+Y..i..~~.~~.r
_ L3: SiL i i Y. ~ ?5.,..'`>~':;t:#;2~.~--,x~;;;R,~..,.. r,F'.. ,u,.. r.. Y! S , x': auvar, r~x ~ 1':. :lk r.. ::s :',"x::51 .t.. Y:: sf%S' . i:4
~X. Sig ti'~5::'::.::' q i:-tar-", '~:.~w - - ~ :x..: , - ~ ":;~s X53: ~.::i:i;. 'r? • ii. C:.1 } FLS::.a. t1 .::.x::.,.r.
. -x-~-.esart..o- .:,~;~n•.~. ~.x:-~ :1~'.1~~-~. V:x::.::.: ~=~5i:..«<? r., 1] i~~if'y`Y' i M;.~ ~=::rr'::--. .cam.-=-r', r•rrvw-c: -rY..-....-.... .r-..-..,,;.-;;
r. , _ §~r..~ -~r
~~i•1F■~ r+pr.4:::"xs..; . xixl~:;fF: -rr . ....1~ ~ , ,.~•w ~ ,s,. - ~ , M xr< ~ - Nk.......l.. R. - :~i %:~.4'.'%r;~mr ^.io4f:::::::;:
`C"' .`.E.. ~ ~x-.:s ~w~..a•~........:...`F ::...Es-~k:':x:.:.."?':.~3, ~.'t,,..-siw~:::; l:S:::::1" ;~4'.Ytts'.~ ~3~£..~i~1V- ui, s u ."sr': is .'k . _~$.~~,,,rrrr.
:•::1':: ~~o-:N v; :o-o-o-;:,. -•~w'~:r;~. as,w. K#~. m .~~y3y~{.}~ ~...i~ cl E': '=.::;o.,. .,ryr$`is~::: i:::_ti:::::i ` `a--.~ ...............:..s e; ! .-::~x:S,w~. 4
A`3i„ >.~R'f,Rk'~£:; ~3M1::::::. i;. ~i:~' ~ ~ r ~ ...v _ ,n=,T ,~.~_.'~:R-i...~.r.k„R~.R...~.,k.~.:..........~5~.....-..-....~..r:r: xi~~.: tA -.....,o-".w::a:}::::
~nr rrMivrmNih;x;~:~ Y;::' s<rcn °~{n - -,i~ .Ff,x:" Y, ..w, yY ...1N i .,...3" a ~.r}r- 5:;5 &,.$+4s ~ S ~#'..ac r.,,Yi..,r, : 8 R ,:::;r::.: `_y
;
:xn„ h F:x::. "il' I:~ ~ Yr~ : r:: . y.e-.. .....r t,., c;:;k ...~:~:ri:; ~2 wc. .~.~:i. } ~'~rrw,.. .-st!-:....~ .::::];l: :~i ....r...-.-...~ K~
y.a~.i..y. ;.:::aa ,a,,... ..,.:a..,... ~ ~.......,..»wi'.::'r' H, Cr ~x ;.y'. ~ ,~.x.~.w::. . r,. ii::::.:: n::`,,, ,ter...., +"c ~i-`'.y~. 4 v.., ~k.r...xr...yx",x,.._.."...
~n.~-~....-..-.-.<i.. Sf. r ~alnf ';:A;xi' ~.;...n r. : : 34-. % b.l ,MA}< L;~M4 Ya44 .o- -.-,.it F Y'{ : ~ :':1 Y , < 3 it .u
+ Y r::' x:':x::.:°~:'.i33R3:.; S ..-q.....::.
.,..r: .--:~.~-,,,„,.,,...,r>"w.4, ,.:xti~.. ,s-.L,.~,-.",..:...",,.-..~............., ~.g..~,~; ::':sr~,,.::Mrr~iy~,.t4r1'~;r-psi:=:]:'. :,,5..:'>f`'c'f.: ::dm ::8:!:::.
;.x • r :-::.,.;Y.y~.-~......-~.. v-r,......,.- ~.,n,~...,.:: q.r ~s i'-, x.~~, '°~g~i'„>~>!",~f% r :gin,,. ~ -f r ::a'f 4'd'.::.y: Yr'R;:;bt .F'-.~. I 2
h,'< ~r: ;a x.: µ~r~, rrrwCrnM.rt,rHM.;$}„'A's'r§xfr,r..r-rr., r'-.... F. i. i}i;w ~Yn :.4 ~,~4{i...xi,w ' , c ~ r * - aE * n ,~;4;°'r;-;;"'~~£~:
';ca s°•• --Ltt:' Y~-. lea ~,~rs+ ,F=~~k•~li#~! ~~.#r.,;~ ...,'.t
; l w :"s¢ ~ .x.:y~-,~3,,-II,~ spit ..s:':' ,~.r i~ :ss:;...::. ~.~t~ k, ,..~.~~.r .,':x;:..:,.....M:,w..:!...,.::.:::~::: ~i.,... sv.~3;:;;'
::.~Y~-F .a i _ rrtv- ernuu~r.~r.rxixr..n. 513. ~~1.`..>n'.;~:.rr'.~:~4~::::.". nin'; ,y 1 ~ ...,.rv.. ;..~.~,xv. ::Y.:ue x,,-. `ti .k x:::;Y~~
~h~.~ ; ~xuw~4~: rw rt...-..a:::;.::..,,4...,,{ "i f ~i ° "'~V'K;';' -Mf~= 'r,,g','.::. g~ W w r k} r1 y.. .5 .-..-.-r:-x':, Y.....,,4 l xgx.Y~
.~x:_: ~.s, r
~'NC~t 3:'::":si?i'„"S~tY:?-.-..;:-:.~>~i.,:-.s<k :..z.~ Y..,~~ Irrer. '~I~.°°~+~,.,~,-~ . ti. w• ,~,,.....,.Yr #r~. r. ,~:xn,nr: ~.:.~o-rFq 4, J
A:::- r sr ! ~ ti~C`, is ~v s' ~ "sf.,`,:; ~~.~no-;.. ~w,~r<.~ rr N¢y; } e:.~.~rM~r:ri ,.,y. w ~ w S SC~~'-. X},.. x.x t~cr•Pi,.,q. ~p% ~~&i ,.~yr
f w ern:..........-...~,. f:.. # '~'f:". ~r .c, ci:ci;~~~y.... x, ,r3,::!:..-. 'f,( ; ..w L:.:: #'S~ry.~:. ~..~.-:M_;: 'u:::.. :Y5~,;5.. ~~p-m
i„4y:..: f o-o-~;>:'
S: -~.r 'h ~w.f .f..i~-'i::;;~~:':'. .5~.. rAH~:':':i f::: ~::::"i• x:iY~:~.:iy ff: .:,x. K]SS k:.. ...Syn.-. t,':;", ...•f s..; ,:-.i:l:::
~~;:~r-; ~:>a':r:~:":~ ir- r.:::Y^.'.1:.." I;Y °'"Y:::~~ m+r.Vi ~ _ ~ ~::a; >,k w~.'::::: i~-af~:sf:;-k.,..>k ..~~::-:::~.~r..F ~f««+:, °fu'wk?" _ r~ M1~#~..
4 ::'a ~a+•t.FCKSA!'w „S..l...-.; 4F7~"i~~%ImtA §:r '~;ud ..rv" J - 4x .aw r, r,- o-~:-.: J;;~k.., ~ ' etrs•:-:; . }q .,a~rnufe. ~a,.,..., . YiM;
:::'{r:: #siu<"w k. ~'4r _ . ' ':k , , .f•:taau.. n :,:r i~°Y;;~i ~:~!_i~-: k.. r ..,a,.-~.`.r
x f " w..S .,~..~.mmrk.". ,r, }ji i~:#e&~ ~ 'ixpFii~:.;. _ t:..xti S f/ y : f - NI~N~ ,,w.- ~ -r.:.: .:r t ~rYAS rys~ ;~.~.'~°~..x
: ~ ~ .Y..'£~~rr.;-.rr .r:~:: .a~v ~i~wovikr N5 :,.'wx y. ' ~ F ..•.Mr`~x.~,,,4ay><;,x x "`xY~ ;~~r .#14 .gl: '.w~ . . k~ t.
- ~ ..-,.-rr-v lx:.::: ~:~:nF ,...~~,:',r'.`:~'rv ..-y. ....-..i !"x:l t`:h'Y4"' n ` S4rM::.:'ti~54 4 \ „ "'k~.:;.-.n._,,;,., ...,.,-...Y:: """;:,.w~.r:~:-;
• ~aarawx C!pwwfee.:::.:i.:..-
~ yC'd x:::.....x,....:q.Vx i._-. ~ n r } u;'.'-.^.,': kw } %.~~1- ,X . - - ~~yy MrYi45 ; ; :1.t ~ .5]-...-.~ -W:, r~.. ..1
`,IG{F:!":::" ::E ~ f : ..5::~'.F.:~iY:! i " y- ~Y b::.. .wr. if~r~ #~':::::v.,d 'Ro- .4 ::Yr; ~'v' ~Y: •:~~:ZX: Y x~~ - r' r. ' ~.r,:t:
~ w<.#.a.o-x~'::> a° "`i::'> i~rw.1: '~id4 #L~:I:R;R~;.:3: r...... u~..,,}}~,,::::
, .t n!: _ . ~ :~~':.2Y;:r. r"v.~ ~ " x;..;.... _ ?~~7:~ri;wj{3; ..,t xc>t;: _ . - j~n~..w..~4r. ~ . ~ ii.,. r'- -`•ti ~.,ix
1~~ n~r~ ~y e(Y: - „ ~~~YYYYYY 7 i l g::.::: ~ : cSv~i 'i%~F~'E',`•~w ~'JS~';.- { r r ~ r! u E p -w..; k _
r' .y.., , i . - 3'd'.•~x:~: ~ ~,..::#~c~~~~¢:t~i~~~.t~ :.i-._ ~'c~ ~ 4' fit` L k - i t..: b. .x. 51.E : ;.:.-SF~~:"3'-." _ .+r+
~ }l•,xkl~""W:~~.. i::."rx l,V rr' 373 s• : : r..,,:.'{,~i a' ~ r-1 ~ I ~:t ~ " 1` x 'F y ..38w•, rw,., ~~:~I: rrf ~ Z~:..:,rx,..
1~,..;;.,: ,
1ti 3~; 'F. v.#~...".:. ~ i k .~.jn Si t~....._E...~ ~ 1-::.:::>r •1 Y ~ ~ f!- ' - f` o v,.v,...d.K i M1r} LtiYY,.* ?'Y
~ ~"a`x' :~k-:t f3E: ..!]$#i:# ::f}':" is ;.r~"~ w-~-"~„+ ~s~' /x~l~'~~w..:.~j'i ~i 1i . - , xi: ~ ~ ~ ~es - ,x . fir' t
:.u . 4 ; - r ; c ti ~ s ; 1 r iF rt':' i i x;~ ,Y ,
" ~ : ; ,~.~~i _ is ~ ~ .."I~ r- ~ by ,4+ 4.l i-- ~.-~.-~~.~~.n, r-.~-,~-. s-. r " -ty-.- r l -.R ,~.,.n
; :uu. ..................1 !!Sr~~.ir-~+~"sir x.- M r ~ ~ - :.ia fir:-., r~rr„",;~, 1Y I ✓ ,.~'~-c--.- ~ ~ M'1. ' - r~""~ ,Wl~.
v„'.~~.y/J~Ar4,1r .4-`. y x r,rx tw t i-..... i. 117tt yn~j - - . _ - - cr >V - ) I / ).l t i .~Nr ~,ti
ti~ ~ ~ : t~"
_ , ::'ii.. ~"..h;. ~~y ~s.,,u*,i~jh%;3 `,~d''\}ir ~ ~f k r,~ . , ':is' r'M .r ` ,/r ,n ; Y" :~i 44.r"* . , ;i.. ~v:M~
InfEll pecis~ ~ur~cs~ District
s
I
Amendments tQ 3.~~.13.3.,~.h
Except as prohibited by ection 5 . t , I ~ .3 , C . l . a. Inf 11 parcels meeting the requirements
of section 35,7.~3.~ and the general regulations for parking in front of buildings set
forth in 5.1,1~.3.C. are exempted fCOnri proh~blt~ons against parking in front of
bu~lms,
~I~~n~~~~t tQ ~~f1111~1U11S,
D~v~~~~~n~~: Development on a vacant parcel or groupings of vacant rots within
an existing blocl~ surrounded by existing development that is contiguous on at least two
sides far corner lots and contiguous on t least three sides far in#erior lots existing
development located directly in front on the other side of the street nay Bout as a side
for interior lots only, no greater than two acres in sire, and is served with all or most
public ser~ces and facllltles, ~nclud~ng but not limited to water, wastewater and drainage.
e~~o~~tood: a sub area of the pity of Denton in which the residents for non-
restdential uses share a common identity focused around a school, park, or connnunity
business center that are generally within walling distance of the Names or businesses,
architecture, or other features with boundaries that nay Include highways, ra.ilraads ar
such. natural features as rivers. The neighborhood character shall be deemed to be the
prevailing character of structures within ~0 feet zn either direction along street frontages,
l~respectlve of 1llterven~ng streets,
sera ~o~ Ii~e dwe~Ii~s: sera lot line dwellings are detached single-family dwellings that
have a side yard setback of zero feet on one side.
9
i
Summary of Community Comments 2005
Planning and Development Department
1. Site Design Standards:
• Street Trees -All new development must install street trees.
• Buffer and Screening Requirements - In zoning districts that allow mixed
uses, the buffer separation and fencing requirements are difficult to meet.
• Site Development Requirements -Often not compatible with existing
conditions:
■ Garage doors shall not occupy more than 40% of the total building
frontage. Any garage may not extend beyond the house front.
■ All walls, which face a street other than an alley must contain at
least 25% of the wall space in windows or doors
■ Orientation of building toward the street.
■ Five percent of the land area that is not constrained open space
shall be designated in green, plaza or combination of planned open
space oriented to the neighborhood.
2. Subdivision Standards:
• Platting -Many of the Infill properties are unplatted land and require
platting to current zoning regulations (lot dimensions and setbacks;
perimeter paving improvements; public utilities and infrastructure
improvements; right-of way dedication; drainage improvements, etc.)
• Setbacks -Requirements per the underlying zoning districts are often not
compatible with setbacks in surrounding areas and/or lots are often too
narrow in width and/or depth to meet setback requirements.
• Sidewalks -Installation of sidewalks required for all new developments. In
many Infill neighborhoods, sidewalks do not exist. New platted lot requires
the construction of sidewalks, which do not connect with any existing
pedestrian facility. Subdivision variance or fund escrow required.
• Right-of way dedication -Platting requires ROW dedication beyond the
existing street width. In practically most of the street would not be widened.
A subdivision variance is required.
3. Parking Standards:
• Location of Parking -Due to narrow and irregular shape of lots, the
requirement to locate parking in the rear or sides is difficult to meet.
• Spaces Required -Two spaces per dwelling unit; the spaces cannot be
tandem parking spaces. Infill lots are usually narrow and side by side
parking is not possible. A parking variance is required.
4. Infill and Redevelopment Boundary -Absence of Infill development area and
specific criteria.
5. Financial Incentives -City provides no financial incentives to encourage Infill.
(These types of incentives are often associated with affordable housing and may
no longer be relevant.)
Community Development Department
1. Prohibitions of tandem driveways -Many infill lots are only 50' wide and
building a 20' wide driveway is often impracticable or even impossible
especially when retaining existing trees.
2. Prohibition of "snout houses" -When an attached garage is desired the often
narrow (50') lots make constructing a garage difficult if it is not allowed to
project forward of the maj ority of the building's front.
3. Impact fees -Under current Utility policy if there is no record of water or sewer
service to an infill lot, even if the builder finds useable water and sewer taps
along the frontage, he/she will be charged the Impact Fees.
4. Sidewalks -Most infill lots are in older neighborhoods, largely built out long
before sidewalks were required to be built by the developer. If the lot has to be
replatted for any reason, a variance from building sidewalks must be sought on
a case-by-case basis and the non-existence of contiguous sidewalks is, by
definition, not allowed as an argument.
5. Park fees - Infill lots are by definition found in established neighborhoods,
where the opportunity for the Parks Department to acquire land for new parks is
slim. Therefore the parks fees assessed from an infill builder are actually
subsidizing park acquisition in neighborhoods far removed from the where the
eventual owner of the infill house will live.
6. Platting -The application of the requirement to replat or plat has been
inconsistent. The Development Code should have exact language that lays out
all of the triggers that will cause a replat or a plat of a lot.
Denton Housing Coalition
The following are recommendations by the Denton Housing Coalition regarding infill
housing policies in the City of Denton. These recommendations support the use of
residential infill lots for development of affordable housing. The members of the DHC
respectfully request that the City Council and staff of the Planning and Development
Department consider incorporating these items into the City's infill development policy.
1. Zoning and building code requirements for infill housing should be determined
based on the location and building style of the immediate or adjacent
neighborhoods. It is requested that some type of administrative review with
decision-making ability at staff level be used to approve developments that are
consistent with the building construction style and zoning characteristics of the
surrounding neighborhood.
2. Review the current zoning code and consider revising the code to designate an
NR-5 zoning for residential infill properties within or adjacent to neighborhoods
that originally had SF-7 zoning. It is likely that residents in these areas would not
want to accept an NR-6 designation and an NR-4 would not support affordability.
Although Subchapter 7 of the Denton Development Code allows the
establishment of special overlay districts that could expand the density from NR-4
to NR-5, this process is onerous and expensive especially for non-profit
developers. Revising the Development Code would support efficient production
of infill housing.
3. Infill lots in older low to moderate-income neighborhoods often do not meet the
existing development code requirements and yet, are similar to lot sizes and
configurations in the area. As a result, implementation of a streamlined process
designed to allow approval at a staff level for infill housing developers (five lots
or less) to obtain variances for lot size and setback requirements would be
appropriate. A streamlined process would support investment in these low to
moderate-income neighborhoods.
4. Waive building fees and/or impact fees if non-profit organizations agree to
upgrade unit construction. For example - if code requires that the unit be 50%
brick and the nonprofit agrees to do 100% brick, the City should waive or
substantially reduce development fees.
5. Waive the sidewalk construction requirement for developers of single lot
properties in low to moderate-income neighborhoods where It 1S likely that
Community Development Block Grant funds may eventually be used to construct
sidewalks or where sidewalks do not currently exist. Construction of sidewalks in
a developed neighborhood that does not have sidewalks does not support the
purpose of City-required sidewalk construction. These isolated sidewalks go
largely unused because they do not connect to anything. Furthermore, it is likely
that when sidewalks are constructed in the area through CIP or CDBG that the
previously constructed single sidewalk would have to be replaced or would not
match the newly constructed sidewalks and would detract from their appearance.
6. Waive the new rule requiring side-by-side driveways for infill lots (or circular or
two entryways) as it may prove to be a hindrance with non-conforming lots. The
item could be waived for infill lots where the developer allows for tandem
parking when side-by-side is not feasible.
7. Review the requirement that all front facades must be 25% glass. This
requirement could cause a substantial energy drain and increase utility costs for
owners/renters. The City should support "green building" techniques in all
residential, commercial and industrial construction.
Chamber of Commerce
1. Definition - What is infill?
2. ROW Consistency
~ If the road is built to ultimate dimensions, leave the ROW alone (maybe clean
up irregularities)
3. Drainage
~ 100-year floodplain to 10 year -Currently require 100 when surrounding
system is designed for 10.
4. Utility Locations
5. Widths of sidewalks
6. Setbacks
7. Platting -Can infill be exempted?
8. Parking spaces - Do additional parking spaces require platting?
9. TIA's -Can there be different threshold and requirements for infill?
Developers
1. Uncertainty of development schedule
~ Working within the built infrastructure is a nightmare. Designing to existing
drainage and utilities that are built per old specifications and therefore do not
meet the current Code. Trying to make the drainage, water and sewer onsite
meet with the older pipes through the City's utilities department is like
banging one's head against a wall. This is especially true in drainage where
infill does not have the area to detain -and yet must meet 100-year design -
while draining to systems built for 10-year design. Large greenfield has room
to build detention -infill does not.
~ Time it takes through the process because of City coordination is prohibitive if
there are current issues with utilities or drainage in the area (which there
usua y is).
~ Unreliable as-built information for underground utilities
2. NIMBYism and BANANAS
• Because of the lack of past and current architectural and site plan standards
that allowed blight, citizen's usually refuse anything in their neighborhood that
is different than what they have...and usually require higher standards than
what they have Due to increases in public infrastructure standards, as well as
other local, state and federal regulations, the cost of building identical
structures has increased dramatically from when the majority of homes were
built in Denton -and yet the uninformed neighbors demand the same lot sizes,
home sizes, street widths, etc. Infill cannot compete with sprawl development
because of this. This becomes a problem when rezoning tracts that were
designated NR-2 as a holding classification -only to be held to that due to
neighborhood resistance to any change. The reason for our current traffic and
drainage issues is due to these old neighborhood designs.
3. Floodplain, ESA
• Much of the downtown area is undevelopable due to current floodplain maps
that designate a large portion of downtown as being within the 100-year
floodplain. A small tract cannot develop because doing so would require a
study of the entire basin (or a very large portion of it) -cost prohibitive for a
small tract (which most tracts downtown are) -and yet that study would
theoretically benefit all the properties within the basin. It would be foolish not
to provide this study to take a maj ority of the extremely valuable land
downtown out of the flood areas. This becomes even more pronounced as rail
serves downtown.
~ Stream buffers should be taken completely off the maps in the urban areas.
It's odd to see these so called buffers surrounding existing developed
properties -draining to concrete "streams". Those need to be removed from
the ESA maps. Drainage Best Management Practices (BMPs) should be in
place for drainage to improved channels -and get away from the "no
development" regulations of the ESA in the urban areas.
4. Construction Costs
~ Contractors give better prices per lot for large developments over small ones.
This is due to mobilization, for example, that is a static cost and therefore
takes a larger percentage of the smaller budgets.
5. Impact and other fees
~ Although infill development impacts the city in significantly smaller ways
than greenfield projects do, the impact and park fees do not change between
them. It costs much less for parks and utilities departments to maintain lines
and service lots that are closer to their base of operations than spread out over
the outside reaches of Denton -and yet no benefit is realized by developing
infill over other less responsible development. If there is a park within so
many feet of the proposed development, why should there be park dedication
fees?
6. Zero-Lot line developments
• The existing code does not allow for the development of zero lot line
developments.
7. Location of dumpsters is problematic.
ndens~el#~
Page 85 Page S7
1 cauidn't work if the lot was 5G foot, This is ~qot going 1 to offset that by same other considerations as well.
2 to work if the lot is 0 foot. o ~ you take six feet 2 cosror~ ~av: r ~ we could do
3 for every nine lots you develop, you use a lat. And ynu 3 that. we have done that in the past. but raver than
4 take that you tape that Vass the w~lOle thi~ag, that r s 4 work problem for the developer which is kind of what
5 ~ can.siderable number of lots of what they have Iess to ~ that would be doing, I'n, not sure we have fatal consensus 6 develop, And that's the 15s11~ as I
she It G as to what -what we waukl hke to have I would say
7 ~Nf1vIISSI~NER RAY: Sat, sir, the 5~ 7 affcr the developer a chance to come back with a different
~ feet, I mean, the lot that I looked at, the couple of proposal based an the comments that we have had here
~ tln, I mean, maybe, I don't know what they were, I' 9 tonight. And ~ they don't want #a do 1t, Dine, then we
10 going to guess they were 50-foot lots, They were very 1~ can go old and take action. a 1 propose that we
11 samall. I'm not sane ❑isually whether it's 50 or 5~ is 11 consider that, Mr. Chairman.
1 Z going to ~ much difference. ll~aybe if you get b4, b~, 12 corssro sT~rro~: well we actually
13 it might. You might Dave same grass area. o I'm not 13 have a matron with no second, which means we really dan~t
14 sure whether it makes that much difference, whether it's 14 have anything to discuss or vote upon, so I will ask the
15 59.E or ~ or SQ. i~ applicant if they would like to table it and reconsider
16 I wonder if an approach would be to i h their position.
17 after the applicant has heard these discussions, our l7 rcHr~RT: ves.
18 concerns, and our apparent ~►nwiliin~gness to go with Bice I s cossto~ sTx~xu~: okay. ~o we have a
19 approach that they've laid out here, that if tl~y would 1 ~ date certain that we can schedule this?
~0 eke to reconsider and bring us back srnmhing that' ~ ~0 ~s. Faxdon me, IVIr. Chairman,
21 closer to the PD but resolves, you know, 5~-foot ~1 January 11th; is that ~ date rs the first meeting
problem, I would be willing to spend my time to review it 22 in January, then it would be the 2~th.
further, tf they ale. CaMMissioR sTRAN: January 2~th. Is
4~ f,..f,j~l3L. ~ ~ W~i~~t y 1 ~~d ~ t fCiV Mfly NJ y~u~
25 up one additional point here that we had a discussion 2S ~z. r~r~: The sooner the better.
Page Page 88 j
l earlier about ~e scope of the notice and mining i c.:oi~~sro sTaE: ~h~e saancr the
2 request and whether It was dcta~led enough ar sufficiently ~ bier. Tbat`S the "soanenst" it's gong tQ get.
3 broad to cover t~ second proposal. one other thought 3 ~s. ~~vT~t: rs the 11th the correct
4 carne to my mind is that it rosy be that it's broad 4 date? The first meting ~ January, but I'm pretty sure
5 enough that I don`t think that the Commission has to S it's the 1 lth, The first miming in January.
G constrain Itself to the proposals tit are ad~tanced by the ~ ~orssiarr~ sr~E: ire we going to da
7 applicant that once application for re~onrng is it January the 11th ar .Ianuary ~Sth?
8 brought forwaxd that there may be other issue that are s t~s. ~~r~: The 11th, what she's
9 fair game as well as far as recommendations are concerned. 9 clarifying is tUat it might not be the 11th, so if you
10 if number of ~D-foot lots is part of la make motion the first meeting in January tl we cover
11 what the Commission perceives to be a problem„ perhaps one 11
i 2 of things to be considered might be an increase in the 1 ~ ccossrorr~x sxo~: okay. All right.
1 number of ~ lots as part of the ~n process that in 13 Then do we have a motions 1 guess wee d need a motion,
14 order to mitigate t affect of decreasing the number of 1 ~ co~►t~trssrox~ xav': ves. I move that we
15 J-wing fats ar alteE ing the conf~gu~ration that perhaps i S tabs this item to a date certain of the first meeting ~
1~ the r~onvnendation might be offset somewhat by increasing 1 January.
17 the number of 70-foot lots ar or 6a-foot is and 17 cosro sT~rra~: oo we have a second?
i S decreasing car~lelatlve the number of 0-faot lots. 1 S C~OMMCSSIUNF.R TfirBOUF~ACTX. second.
lg It's dust food far thought, There may be 1~ cossio aT~.~ro~: we have a motion by
~0 other things that may be addressed as well, l knave 1VIr. Roy, a second by I~r. Thibodeaux. Please, vote. And
~1 homeowner said something about a minimum lot sire. l 21 that motion passes 7~.
don't know, you la~ow, where that's going with it. Maybe 2~ Next item is Item G, which is airiendment to
~3 some of these other issues might help mitigate or offset 23 the Development Code relating to in-fill development
24 same of these otberr impacts, and insofar as the ~ as the ~4 eons. Ms. Carpenter.
25 request fax awning is somewhat brand, xt may be possible 2~ t~s. • Chairnan, this it~n is
~ A~TD ~N~r 1~EII~IBER 14, 2~0~ Page 85 -Page 8~ ~
i i
~~n~t
Page S9 Page 91
1 far the Planning Commission to consider making a 1 or less in sine and they're not and are not affiliated
2 recommendation to Council an in-fdl regulations. The 2 with an active subdivision. Sa far example, you'll
3 Council began discussing in-fill regulatrans back in the 3 remember if we go back to the map, on east side, where
4 Spring of '04. And the Council worked on it four many 4 the Maple Leaf ubdivisian is, thereare that's just
5 months and bas sent it back to the Planning Cam~nission to one example. It's an active subdivision. They're
~ make a final recommendation to Council. G acti~ly building how in there, ~o wee tank that out
7 The purpose of the In-fill Ordinance is to 7 from the the spreadsheet that we preparod that shavved
S satisfy the fallowing objectives, to allow flexibility in S you number of platted lots for in-fill.
~ location, type and density within the density suppar~ed by 9 COMMISSIONER uoY: Is that little jog in
1~ the Denton Plan and Denton Develaprneat Code, to lD there below old ]~arth~
11 provide fibility in lot size, configuration, and l 1 Ins. c~I'~It: xa. I don't think so. I
l 2 vehicle access, to facilitate in~fill develapnt, to 1 ~ think it's Glaser down to McKinney. It's just not in the
l provide clear developt standards that promote f 3 table. It's still in the boundary, but it's not in the
l4 compatibility between new and e~cistiug development and to l4 table. All right. Let's see. And that was the t of
l~ promote cerkainty in the marketplace, to encourage l~ what I had to offer for you. Itll be happy to answer your
l ~ dcveloprnent of needed. busing in proximity to ernplayment 16 questions.
17 a~ad services, to promote neighborhood prvatiaA and 17 coMMissio s~Iro~: anyone have any
18 enhancement through redevelvpm~ent of blighted, distressed 18 questions of Mrs. Carpenter? 'This is a public hearing.
19 and tinder utrli~ad prope~ies, to encourage mixed use 19 we've now had the staff presentation. Is we have no
~0 development oppariunities in order to provide hauling and cads an this it~n. Is there anyone here wlaa wishes to
~ 1 neighborhood services claw to jobs, to encourage 21 speak far oar against in-fill development regulation?
development that is compatible with the surrounding Seeing Wane, we'll claw the public }wring, and I will
~3 neighborhood and that meets the City's economic goals and 2~ make a motion that vie app~ve the amendment to the
24 to encourage new development as well as preservation of a 24 Development Code dating to in-fill development
25 diversity of pausing types. ~5 rulatian, nc~ ~s-poi ~ with one exception which we
~ Page 9~
l This Code a,ddses itself to permitted 1 discussed i~ our Work Session today that under Item
2 uses. It requires a neighbo~OOd Eng. It sets faith ~ 3~.711.~, Items H, little Item 1 that reads in-fill or
an approval, adjustment and appals process. It addsses ~ t of an entire black or street face, that that
4 the content of applications, impact fees, compatibility 4 now is going to include na great in- ~ development
5 with surrounding neighborhoods. It sets forth the 5 greater than an entire black, phase entire street black
~ exclusions from ordinance and t it sets develapt 6 phase. More than or greater, same thing.
7 standards that are specific to in-fill development that 7 eonu~sslorr~ ~vAT~s: second.
$ include site development standards as well as subdivision 8 oo~ta~ s~.~vo~: t~ ll make that a
9 requirements. In addi~an, four new andments ar+e ~ mv~an. Do have a second?
1~ proposed four new ~efinitians are proposed in the l~ C4MMISI~?NER w~Txmrs: second.
l l Development Code. All mY P~P~ ~ft and my snap is dawn 11 COMMISSI~NE~t okay. second by Mr.
l~ there. I'll have to go dawn tle. 12 Watkins. Mr, Roy,
13 ~ addition, the Planning Co~nission spent l ~~on►MSSior Roy: yes, just a wick
1~ many weeks aaaiyzing the challenge of where in-fill l4 question. Just south of Old North there is kind of a jog
l5 boundary ought to be drown. The Planning Commission has 15 in the map and I can't reme~aber what that is. Is that the
l6 proposed a boundary and we`ll see it on t riaap in a 1~ church?
] moment. There it is, which roughly follows ~ sta~eets. 17 CIS. i can't I dan~t member
1~ Bonnie Brae on the west, illaw Woad, then to I-3 on the l8 what the land uses are but I remember reasoning was
1~ south. Tin behind San Jacinto and up Colorado, then l9 that they arc Iarge tracts of land in excess of two acres
na~th an Woodrow to IVIcKinney. Then east to Mockingbir€i, 20 in size,
~ l and then it eventually comes nut at Cld North and follows 21 COMMISSioM~R ROY: okay.
Windsor slang its north boundary. ~2 nos. c~rr~: end they're not going to be
23 And if you'll turn to the next slide far me 2~ subject to ordinance anyway,
24 thank you. In that land area there are 4l 3 platted 24 oalstort~t ~o~: okay.
25 fats and 2D9 parcels that are unplatted drat are two acres ~ Ms. Right this second, I don't
P~,.ANNIhTC~ AI~T ~~I~II~ ~ DEC~~VIBE~ 14, ~~05 gage -Page 9~
ond~elt~
~ e ~ Page 95 ~ End ~f proceeding.}
1 remember land use.
~ CaNIMISSIONER ROY: That's ~ right. ~
3 CIS. ~R: I'm song. ~
4 CO~Il~'fSSIONER ROY: ~ just looked a little 4
~ strange. I hadn't notxoed that before But Y understand ~
~ that paint. Thank you, ~
Cp~MIS~IONER sTRANGE: any Other ~
g discussions If net, please, vote. date passes 'I-~. S
g Last i#~m an Ada tonight is the ~ 10 quarterly review of the Denton Development Plan. lVls. 1D ~
11 11 Carpenr'•
1~ ~.s, c~rrr~R: ~r. Ghayrn3an, I'm happy ~ l~
l 3 repast that we're going to be bringing at least four l 3
l4 amendments that are oa Attaclnne~nt A to you in ~aauary. l4
15 ~ are really noncontroversial items like accessory uses 1
l and sane changes to the Development Review Committee where l
17 responsibilities are left out of Cade, things like l ~
}S that o I'm happy ~ Part we're going to bring four of lg
l9 those forward. I'm also happy to report that are 19
2~dllig~tly working on franc setback require~neats, laca~an 20
~1 of buildings nest to the street, front of building parking 21
ali associated with ~~'s. we're looking at gages to ~2
Z3 the standards and also potentially changes to sow ~3
~4 parking req~eats would address chase tie items. 24
25 Yau will member your last quarterly 25
~~ge ~4
l report, we added one item concerning a request by a
~ citizen to ban taw Eck businesses as a home occupation.
~ That has been added to the list, 'There have na other
4 requests firom the public to make chaur~es to the
~ Dcv~elopment Cade.
~ coISS~ata~t T~x~~: okay. This is a
7 public forum item. is these anyone here who has any items
8 they would like to bring forvtrard far the Denton ~ far the
9 re~riew for the Denton Develapinent Cade? I think we
IO require no action an that. a with that, we'll adjourn
11 the wing.
l ~ C(}NI~II~.SIOI~ER RaY: reuse me. Can ~ ~ ~
1 ~ que~stian about that.
l 4 ~oMivnsIOriER a'rR~~: yes, sir.
1 ~ ~OMMISST~N~i Roy: This is the listing of
1 G the currently active items. Da we get a chance to
1 prioritise these? we did at one time or is the City
18 Council just going to do it?
19 c'~: chat's a great question.
T`his is priority this is list in the priority
21 order of tlye Council.
~Q1vIMISSION~R ROY: That answers my
ques~an,
~4 ~pIISSIONEI~ STRA~G~: ~ll right. we'll
adjourn Ming at $:4~,
DEC~~R 14 ~Oa gage 9~ " ~~ge 9S ~L~INr ~N~ NIN
Ri, Fy'w i
..L' ~ r G k 9 7~,.....1~ r~
. •rr e•rr i -
~y r34 ~ i 1 } :.:1 ~.~5.
F;
:iii ~ Y ~ i'~f I 'f x 1 1 d _ ~ r ~Y ~ _ 4 ' .
.4... J^._ . a.n..• t.r - t~~ z ' ,m.,. ~ ar,. u.cHl.~~y.. . t ..rr,~ * •,m.,...r~. z# t'i f.~ . ~).?'d..wt{,. }.ia"~. r...,, r. r ~
-a J~.. ~ a!.~>k.r: ~ ~~.C .l# ,fir.,. !x,'.....f.~ .er.•.~~r r. r..,.^~..'.-_r_ ~_~-Lu li- ~..._S :kk~ :'~L'u R _ ~iV`::: _ ~,u .*l•"~ ~ Rf•.
_ _ - f0,.. _ u.,. ..W . r , ~ y ~ , y , ~r ~ ~AF r F r, yt ,r f .u : ~ .;1~
i ~ i. - - a . y Q ~1 ~ !
e: '-0 e . r , . t».a ~ ~r ~ ta'~ r ~ ~ „ o- .r~r~.r .9 y~~aa a' ~
r
, a
. . ~5 ..M
•.i , l a:.4:. { It~•:~ 'A. ~rS w- ..0 'rr.. ~ .may` iLF .4:. .~r.~. ~ w. .{J ~ .~v ~rtiF . I-..r1 i.~_ H a,iik „i'S*Ll..:.
:N 7r } r 'y F _ I I ~ ~ i'+ ~ £
• y r
' - ~ 9u i,. ~ o~ .s ti 7• .n y +h as z * .e.d , ~„cs. ~Ard d ,1 rm.. L..a'h..a ,,.a ` Al ' I m
v
r.. i' 1R k ' ~ L:i £ f ' u:: ~eyu ,r-19 , '
1. r ~ '.~eytp,,;' - n yt-. .r .y :>r :rg ~4'-~.. r.T-" . k r q "'Gy 'W h 7- 5+'+sr" "r
~L
rte . r~':IR } . : rr ' I.,... ,4.k. 9..w o- , tkn`.:.~ . :t r Ot er .h.~Ja ¢ ~ , ' R• S t ~
Y I 'l iY R i:, .C#{.. d:.. of#~.~'.} ~'r~~'.., 1 AS>tSx .r;:~ ~.y]'E ?a c~~. ~:,~yr „`.>'r.r:: .w 3~U31J~ ~_~.,,:~4 G..} s ~ s.,.,.
„~:r)"~,,. ~ t ?i } ~ af. ~.F.' 4 F.I,... .4~ ~.,9: } .x u.xC.3 U.:
c H.
_ r 1!'' f X"' ~ f ~ r' .u.~ k, ~ a ~ y ~ h s
9~.~'Sii `'x,.0.4, t... ;.:1_ .r.. ..,e U_ 4.r mss,. .;.}?,.x s.._ h.~, _~r'--. ,x .,17~i:. y{~o-ti~'#.4,b.~?: ;.{Yx#i.i~-,{ .:CHY~uM. ti). a-..e~i TS"......,
f.• 31 ,r._ .',~n.u ifs n;.'I.I A'.}f.C'~~;: ,..-w.~'#~.w~. 1.
v .a.,a n:..i :tC a s d .,2,,, ..x~ ow..,.. ,.d .3 I~ ~,.d .ryrr.,•. ~ - W ~
~ '.t T s `M1t, . - u, o- s -.k .9.ro-.. 5r..a . , 6 b 1 C~. ~h { o-~..h;rs' i ± r< ~ •.1.. . ~ _ .5.r n.r.v. r_~ -
- ~ ~
a + ~ t. . ~ r. - . ;
yr- y ~ r, . _ ,L' . n i' ~ h:' ..f' . - ~riaa ..,:._.r . ?z'~..,:~ J_
_ r ~ : . is ~ A,~ a--' : ~ ~ »o ~ w- t § ' Y
7 _ t• ~ a r a rr ° ~~:1 t ~
4..,.. i.~:. .~Yi'~. H'S} .4s .3.~i " .~X'..~.' x..~ ~'~..rl~. x.~.~~'.r. x x..a ~ i. ~Iti.~ .4r .x I:. ..c~. ,S f , ~
, - - I k• _ ax yr- . ~,..r..~ I ;rN ,I.r . ,.h} f, .r I;R~. ,y
. . ~ i ,i d . - i' 6 . ~ y: > _ 5 -
ti,r i 14 c { ~"rl Jyr 0~ ~ Iy` 4 *R R'SR~S} ~ !mil 'AJ' ~ i'j. <r~ _
Aur r '
73 t_
W. ..i. , ~_t.. € ~ {~1 :......5 'r aye ^F '^y i ' r -~S 'V} 1 ~ r f ~ r S °T i i; r ,
, ~ _ _ - ~w - r .r•• - r , - ; r a r _ i t
u., ;a I...~ ~ .,s. :ly.: ^ i:fi..., ~ ..9 rlr,. .A" I 2.,; ~ t ,d..~ '1:~ rv S~ , R" "'f .,u ~r' R".i4 -a L - , a [ _yu
~fu:,'c .I i _y- 07 R": _ "I L' :rf ;'}f "7" r f ..6 5 r' ~ ~ .fir
ry 'fi . r ~ . W r rr ,
$ r o
CITY OF DENTON CITY COUNCIL MINUTES
August 15, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 15, 2006 at 2:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins,
McElroy, Montgomery, and Thomson.
ABSENT: Mayor Pro Tem Kamp.
1. The Council received a report, held a discussion, and gave staff direction regarding the 2006-07 Budget and the 2006-2011 Capital Improvement Program.
Jon Fortune, Assistant City Manager, stated that this was afollow-up to the budget presentation
of August 2 for any questions that Council might have.
McElroy asked if any figures on the appraisals had changed. Fortune stated no.
Fortune also advised the Council that there would be public hearings on September 12 and
September 19 when citizens could comment regarding the budget.
2. The Council received information, held a discussion and gave direction regarding city
recognition and support for the establishment of a charter school (NorthPointe Academy) by
University Behavioral Health of Denton.
Interim city Manager Howard Martin stated that UBH simply wanted a letter of
recommendation from the City. The Denton ISD had already given them a letter of
recommen anon.
General consensus of the Council was for the Mayor to write a letter on behalf of all of the
Counci .
3. The Council received a report, held a discussion and gave staff direction on proposed
amendments to the Development Code related to infill development regulations. (DCA05-0005)
Kelly Carpenter, Director of Planning and Development, briefed the Council on the issues raised
at a work session in January 2006. Carpenter stated that the proposed ordinance addressed these
issues. Carpenter also reviewed the proposed map of infill areas.
Council directed staff to add the words "redevelopment" to the title of the ordinance and all
appropriate sections of the ordinance and to go forward with the ordinance and hold a public
hearing on September 12.
The Council considered item #5.
5. The Council received a report, held a discussion and gave staff direction regarding
proposed Charter Amendments.
Mayor McNeill acknowledged the superb work the Charter Review Committee had done in
reviewing the proposed Charter amendment propositions.
Ed Snyder, City Attorney, stated the committee met eight different times. He acknowledged the
committee members' work on the review of the Charter. Snyder stated the Council had been
City of Denton City Council Minutes
September 12, 2006
Page 10
C. The Council held a public hearing and considered adoption of an ordinance
amending Subchapters 7 and 23 of the Denton Development Code relating to infill and
redevelopment regulations. (DCA05-0005) The Planning and Zoning Commission
recommended approval (7-0).
Kelly Carpenter, Director of Planning and Development, presented the history of the infill
regulations development. Staff had met with groups involved in potential infill, and the proposal
had gone to the Planning and Zoning Commission for discussions and recommendations. The
proposed amendments addressed tandem driveways, the waiving of sidewalk construction, allowed for zero lot line lots, did not waive impact fees for infill lots, set backs
to be compatible
with surrounding neighborhoods, proposed an infill development boundary and a more specific
definition of infill.
Council Member Montgomery asked for the number of potential infill sites of two acres or less.
Carpenter indicated that there were approximately 500 sites at this time but nothing under
development at this point.
Carpenter continued that redevelopment had gotten into the mix with infill development. The
focus was not on redevelopment but rather dealt with infill portions. If Council desired, the
redevelopment portions could be removed from the proposed ordinance and dealt with
separately. The provisions would still apply to parcels two acres or less in size on areas on the
map.
The Mayor opened the pubic hearing.
The following individuals spoke during the public hearing:
Mike Cochran, 610 West Oak, Denton, 76201- opposed to ordinance
Steven Friedson, 2044 W. Oak, Denton, 76201- opposed to ordinance
Mary Anderson, 924 VV. Oak, Denton, 76201- opposed to ordinance
Elise Ridenour, 2044 VV. Oak, Denton, 76201- opposed to ordinance
Raymond Redmon,1029 E. Hickory, Denton, 76201-opposed to the ordinance
Robert Stock, 5101 E. University, Denton, 76208 - opposed to impact fees
Jim Engelbrecht, 2305 North Lake Trail, Denton, 76201- concerned about properties
listed on the infill map. Khosrow Sadegbian, PO Box 50593, Denton, 76206 -suggested waive impact fee for
infill development
The Mayor closed the public hearing.
Council Member Montgomery felt it would be best to not link infill and redevelopment.
Council Member Thomson stated that he had a problem with infill fees. He would like to see
energy efficient buildings and would be favor of reducing impact fees to encourage that type of
development. He felt the Development Code provided for variances and every situation had a
different spin. He agreed that redevelopment needed to be split from infill.
City of Denton City Council Minutes
September 12, 2006
Page 11
Council Member McElroy felt that while it was well intended, mixing redevelopment and infill
was not good.
Deputy Mayor Pro Tem Mulroy felt that there currently was no infill development as the current
code was prohibitive due to the number of required variances. He also felt that the public
process needed to be honored and the language revised for notice to neighbors. Redevelopment
and infill needed to be separated.
Mulroy motioned, Kamp seconded to postpone the proposal for eight weeks returning with a
work session items. Staff would present documents reflecting comments made at the work session. On ro11 vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery
"aye", Mulroy
"aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
. .
ion ~e~ scIt ~ Ex 1 it 10
Page 3 ~QI~~~II55I0'~rER TRAtiGE: The next item will Z in order to provide housing and ry~~ighborhood se.`rvices,
2 be Item No. which 1s an Amendment to Subchapter 7, 1 ~ 2 close to jobs, encourage development that mats the City's
3 and 23 of the Denton Development Code pertaining to ~ economic goals, a~~d, lastly, encourage; I~ew development as
4 procedures, standards, and definitions for infill ~ well as preservation of diversity of housing t~~pes and
i ~ develop~~7ent, Mr. Me~~guita. ~ price ranges in existing neighborhoods.
6 Ml;'~~uITA: Thank you, Mr. Chair. Good ~ The proposed i~tfill regulation addresses
7 evening, Me'mbcrs of t1~e Co1~UnlsSlon, T`hls item brought ~ applicability, per~m~tted uses and nelghborhoad lneeting
8 forward to you toniglxt is an Drdinarlce to amend Subchapter $ re~quircments, achninistrative adjust~ncnt and appeals and
~ 713 and 23 of the Denton Development Code related to 9 eornpatibility, The infill regulation also sets forward
10 infill regulations. l0 d~~elopmcnt standards that are specific to infill
11 This is file second time this ite~r~ is 11 devclop1r~ents, In addition, four amcndinents are proposed.
12 brought to ~e Commission for consideration. ~n December 12 one amendment is to amend Subchapter 13 and three
13 14th of 2005, the Co~l~unission forwarded a draft for 13 a~nend~nents to Subchapter 23 pertaining to the definition
14 approval to City Council. Coul~cil subsequcl7tly lacld tv~ro 14 of infill development, neighborhood, and zero lot Iil~e
15 work sessions the following year, and on September nth of 1 ~ dwellings.
16 I'm sorry, September 12th of 2006 Council held a public 16 The exhibit shown here; outlines file infill
17 hearing and asked that staff address some of the concerns 17 special purpose district. It is bounded to tl~e west by
18 that the Council mc~nbers had as well as public comments 18 bonnie Brae, to the north by ~~indsor, to tl~c east by OId
19 received at that public laearir~g. 19 North, Mockingbird and Woodrow as it heads south and then
~0 Following tl~c public hearing, staff 20 I-35 and willowwood oI~ the south portion of the district.
~l prepared a new draft for consideration that addressed tl}e 21 This exhibit here shows the boundary with t17e zoning
2~ convnents received. Due to the significant changes 22 districts underlaid. The proposed ilxfill development
23 proposed, from that recommendation, staff recol~mended 23 infill special purpose district and provisions are
24 that file Cairnnission review the changes and cornll~end 24 applicable t~ only the neighborhood residential and
25 approval prior to bringing it back to City Council. ~5 Clnivcrsity Core Downtown University Core Zoning
~a~e ~ Page 4
1 Major changes that were deleted from the 1 Districts. That concludes my presentation. Z'd be ~iappy
2 original draft that was proposed I'nz sorry, that were 2 to answer any of your questions.
3 forwarded to City Coul~cil include deletions referencing 3 CQMNiISSIDhIJR s~rr~►~v~E: any questions of
4 the redevcloprnent references as well as impact fees. 4 staff? Legal,
5 Since the beginning of this year until now, the Comm~sslon 5 ~~R. al~i~t~; 'hank you, Mr. Chairman.
~ and staff have bcerl working on a new draft, and that draft 6 During the tilde after the work session, Mr. Mcl~gttita, Mr.
7 staff is recommending is included iii your backup as ~ Lockley and I Inct hack in my office to discuss some Of the:
$ Exhibit 1. 8 wordsmitlling t13at might be necessary to carry out some of
~ As tie proposed infill regulations states 9 file desires of the Commission that were identified in t11e
0 in the purpose and intent reads} the purpose of this 1 ~ work session. And if it would be of assistance to the
11 district is to provide standards for the dcvcloprnent of 1 I CommISSlon, I havxe a few items here that I have written
12 infill lots in existing neighborhoods on parcels of land 12 down from our wordslnithing that I'd like to offer to t1~e
l3 that have rernained undeveloped, The purpose of tl~e infill 13 Commission if that would help,
14 regs is to satisfy tl~c following objectives. Number one, 1 ~ The first item and this was not sonxething
15 allow flexibility and location type and density within the 15 specifically discussed, but the numbering may change on
I6 density density supported by the Denton Plan and the ~ 6 t1~IS because my unde~rstallding is 35.7.13 is actually the
17 Denton Developluent Code, provide flexibility and lot SIZe, 17 one that's proposed far the overlay for Raynor Ranch. F3ut
1 S configuration and vehicte access to facilitate infill 1 ~ the first one of substance that we discussed is in Exhibit 1 ~ dcvcloplx~ex~t, provide development standards
that promote I9 1 on the forirtli page, Item 6, front yard setbacks. we
20 compatibility beturoen new ar~d existing development and 20 discussed that it would help clarify t~attcrs if we
21 promote certainty in the marketplace, encourage 21 inserted the word "front" before the word "setbacks" to
22 de4~clopincnt of needed housing in close proximity to 22 clarify front setbacks areas perl~~itted to differentiate
23 employment and services, promote neighborhood preservatioli 23 from side setbacks since side setbacks is one of the itClns
24 and enhancc~r~cnt through infill development of vacant 24 t17at we were asked to clarify.
2S properties, encourage mixed use development opportunities 2S Dn the following page, Page S, this is Item
P~AN~VIN~ ~~NIN ~]l~~~I' ~~CERPT, 4D, 4E, ARIL 2, ~OD7 Page ~ - gage 4
I
~Il~~~1S~~~'I'1~I
Page 5 Page 7
1 1 ricer the tap of the page. And I will read in what we I that chapter to to supersede zoning standards to the ~
~ are proposing, when a il~sert the word "proposed" ~ extent specified for the special Irpose District. ~o to
3 zero Iot line dwelling shares a shared property line with 3 tt~e extent that it's inconsistent with the existing
4 are existing nonzero lot line dewelop~nent, the zero let 4 standards it would supersede it by its very nat~u-e,
~ line dwelling shall be set back from the catrnnon property 5 covtr~rslo~~I~ sTRANGIJ: wlxich ~~rould
6 line by a n7iniinunl of five feet regardless of the setback supersede, this or the zoning district?
~ ? require1nCnts of the underlying zoning district and 7 non, al~i~i~: This would be the superse~Iing,
$ 'insert the clause and must ha~'e ~ building separation $ this standard of I ~ font building separation would
9 of na less than 12 feet from other proposed zero let line 9 supersede it to the extent that it's inconsistent with the
la parcels, if any." l~ existing standards for that classification.
11 The intention there is to address building I 1 C014~iMISSI~h'I~R sTR.AhGI?: ~t'ell, I Mink that's
1 ~ separation fro~x~ zero lot line parcels and to address a 1 ~ tl~e proble~~I I have with tl~e 1 ~ foot because ~~e were
l3 group of zero let line parcels as ~vcll. Finally, on Page 13 talking about iuaintaining compatibility in primarily t1~e
14 in the definition of infill develaplnent, the definition 14 other zoning districts, the ~R-~~s 3's and 4's. I don't
15 would read as shown in your backup, but after the word 15 know that we were intending to create a new standard in 6
I ~ parcels, it would read '"develap~nent on vacant parcels, or 16 hR-~.
l? groupings of vaca~~t lets within an existing black" and I7 ~It. LDCf:LEY: I do understand yor.tr concern,
1$ then continue on as written in your backup. 1$ Mr. Chairman, Tl~e existing side yard setback in the IwT~
1 Those are the --those are the items that I9 class i5 six fc~t. If we were to add the exception for
staff cairn tip with. If it is the pleasure of the ZO Neighborhood Residential for this tllcn die Six foot would
21 ot~~nission to consider those. ~1 still apply.
22 CQMMISS10Nl~R ~TRA~CE; The only one I would ~~'~i~IISSIDN)rR 5TRA1~rC~: NR-~ is what?
~3 ha~re a question about would be on Page 5, Item 1 where 23 n1I~. Locxr,~v: The side setback for tl~e
24 we're talking about multiple zoning districts. My 24 NR class is six feet.
25 understanding is in an I~TR-6 you could ha~~e zero let line 25 cor~tn~ISSIOn~R STRA~TGF: gut you are allor~~ed
Page ~ Page S
1 which would equate with literally ne side yard setback 1 to have attached housing Ili ~rR-~, I was thinking that vas
2 which could equate to attached housing; is that correct, 2 what we were talking about permitted'
3 r. Lockley? 3 ~r>~. Loc~LIJ~: I think what would clarify
4 MR. LOC~.LEY: Yes, Mr. Chairman, that is 4 that concern is if we merle tl~e exception for Neighborhood
5 correct. The ~R-6 currently allows for already attached ~ Residential and just allowed that pzovision in Downtown
~ single family. 6 University Core because the zero lot line provision
7 CQ~I~IISr~NER STI~4~GI~: so if we put this 7 currently exists ire that zoning district.
~ 12~foot separation there, we're actually overriding the 8 ca:~~Ilsslon~r~ STI~:tiGE: okay, well, I
9 standards a~ 14'R-~? This would apply in NR-2, 3, 4 but ~ appreciate y'ell's efforts at the new language. I just
l0 wouldn't apply in 6, am I correct? l~ want to make sure we're acconnplishing what eve were s~;tting
11 MR. L~CI~t,~Y: since ~SI~-~ already allows for 11 out to accomplish.
l~ it, this wauldably if there were an infill lot, I 12 n~~. ~~c~LEV: And I ogre; v~ith you there.
13 guess being proposed o~~ in an NR-~ zoned district less 1 co~~Ilsslo~~~ ~~IL4NGL: ~~r, l~rakc, do you
14 than two acres, that wanted a zero let line development 14 wish to
I ~ for an attached structure, yes, this would apply. This 15 n~~z. u~~~;;. r just wanted to paint out if
1 h would apply, I ~ it's the desire of the Cotrunission to move us in a certain
17 C~VI~ISS10ivER sTI~,~~T~IJ, sa my concern about 1 ~ direction we would have time to do additional wordsmithing
1 S putti~a specifically 1 ~ foot in there could ovcrrid~; the 18 if you give us direction on sort of the bottom lime of
l~ fact that there is no setback on NR-~ now? 1~ where you want to go, we could incorporate that with solt~c
~Q MR. L~CKLEY; And that 12. feat Would ~0 additional wordsmithing before it goes to Council,
21 actually be on one side again. It's on the nonzerocd let ~ 1 co~n~iIS~IDhER sTRANCE: X11 right. well, I
Z~ line side. 2~ think based on the discussions we had in ot~r workshop
2~ MR. DRAKE: I'll just point out that it is 23 today, what we were prirr~arily wanting was to ensure
24 in the nature of items that are in the special purpose and 24 compatibility in neighborhoods, primarily the >vR-~, 25 overlay districts which is this would
be a colnponcnt of ~5 with existing side yards, and G, inhere it's a nonzero lot
I
DII~~IlS~~~~
Page 9 Page 11
I line, but if it is a taro lot lilac attached in Ott-s t I their office and said that I thor~ght that a ~3-unit j
~ would not want to have that I2 foot separation which would ~ apartment building was inappropriate on a lot le~~ than
3 in effect remove the ability to have attached where it's 3 t~vo acres in our neighborhood, he turned to one and said,
4 now allowed. So that would be my thinking if we could get 4 there's nothing you can do about it, we tl7lnk lt's
~ that wordsinithing done before it goes to Cour~cii, if 5 fine. ~Ve went on to a two-year legal battle and most of
6 that's the consent of tl]e Carr~inisslon, Is everybody in ~ you probably know how that turned out.
7 agrment with that? okay. And the other things that you ? Tl~e only recourse for a decision that we
S had were In lme with what we discussed In the work S don't care for is to appeal to you. Zia that appeal, die
9 session. Thank you for doing that. okay. Any questions ~ standards today exist are eliminated. e don't get the
to of staff? Thank you. We'll now open tl1e public l~earir~g 10 City scat out ~~0-foot notice with our ability to object
~ 11 and we do Dave cards on this. 11 or file 50~-foot courtesy notice. There is no public
1 ~ Tllc first to speak i5 Elise Ridenour to be I2 hearing and no possibility of invoking asuper-majority
13 followed by Steven Friedson. I3 whorl it comes before City Council.
I4 ~s. Itt~ENOUR: oood evening. y name is 14 In addition to all of tlvs, the ordinance
I S Elise Ridenour and I lire at 204 west yak Street in 15 exempts infill from street tree require~~~cnts, allows for
16 Denton. I'm here t~iv~ht really just to share wide you 1 ~ zero lot lines and eases sidewalk rcquireir~ents far the
I? what my personal perception about this nrdinance is and 17 clcvelopcr. Am I done?
1$ how it will effect Denton neighborhoods in general and my 1 S co:~~~~ISSio~~It sTR~~~r~: Your time is up.
l9 neighborhood, specifically, potentially. And in reading 19 ~~s. RIaIrNO~tr; t;an I go on for another
t17e ordinance itself it says all applications for minute? I have some --just let me read my closing
~ 1 development of building structlu-es and lots witl~ii~ the ~l statement.
22 Neighborhood Residential and Downtown IJtliversity Core ~o~~~IISSIONER STRAI~'GE: Your iT~itlute ~u5t iloV4'
~3 2oi7ing Districts that ale no greater than two acres may st<artecl.
~4 utilize the flexibility restrictions, limitations and ~4 res. ~~II~~NOUR; okay. Thank you. Many
~5 provisions of tlae infill special purpose district ZS people in neig~xborhoods who participated in the rezoning
Page ~ 0 Page 1 Z
1 regulations as noted in this article provided that and it ] process for all of Denton not long ago Forked hard to
~ goes on to give the exclusions and the inclusions. ~ ensure that we were designated zoning that reflected t~7e
3 And I read that is if your property is ~ character of our neighborhood. This proposed ordinance
4 zoned NR t~eiglibarhoad Residential, is not larger than 4 completely undc~i`mincs all of d~c hard-earned tr~jst we had
5 two acres in a historic conservation or soinc other form of 5 at the conclusion of that process believing that we had
~ ov~-lay district, it is subj~x;t to this ordinance. If G neighborhood designations we could count on to protect our
7 your Iat is vacant, if you want to add another structure 7 properties and neighborhood that we had chosen tc~ invest
$ to your lot, if your building burns down ar if you tear S in.
9 Bourn your e?C1St1Ilg Structure, this ordinance applies 9 The Denton Development Plan states in inai~y
1 ~ according to this warding, It soems to it appears to 1 D places the protection for existing neighborhoods is an
1 I me to replace a lot of provisions that we have in variance I I important goal for the City and mare than one City
1 ~ applications today. I ~ Councilinember has run an a platform by file promise of
I3 The ordinance allows the Planning Director 13 supporting neighborhoods. I urge you to turn this
1~ to grant administrative adjustments up to 25 percent from 14 ordinance down. I believe the City can do bctt~~r for alI
15 rcquiremcnts of height, setback and lot coverage in 1 ~ of us and our neighborhoods. Thank you.
16 Subchapter 5 of the Denton Dcvelopincnt Code as quoted from 1 fa Co'~:vIISSIONER STRANCrE: Thank you fc~r your
1? the ordinance. I personally believe or int~cipret I7 conuncnts. Next t~ speak is 5tcven Fricdson.
1$ administrative adjustment as diminishment of restrictions 1$ ~It. filttEasol~r: ~aod evening, My naive is
1 or diminishment of standards. 19 Steven Friedsan. I live at 2(~~4 Vest yak. I'in speaking
2~ Twenty-five percent diininisl>~n.cnt of ~Q in opposition to this. And I do Nape that the Planning
~ 1 standards from the existing Code is a lot to lay in tl~e ~ 1 and Zoning Commission will keep your mind opened during
~2 hands in one particular person. I don't know t1~e current 2~ this discussion when I hear comments t11at let's get the
23 Director Iloilo. I ain sure lxe is level-headed and snakes 23 language straight before ure send it an to t1~e Council, I
24 great decisions 1 ~0 percent of file tinYe. I have had ~4 have questions about whether you've already made up your
2~ contact with previous heads of Planning who ~~lien I sat in 2~ i~Yind about this change. It's using a proverbial Sl~,~lge
PLAIVNII~G ~~NIN DRAFT EXCERPT, ~D, 4~, APRYL 2, ~0~7 Page 9 - Pagc 12
it
andenseIt~"~
Pagc ~ 3 Page 15
I hammer to swat a fly when in the history of this Z believe 1 ~O~I~IISSIONER STRANGE: Thank you for your
~ that the Planning and Development was asked to leak at a 2 comments. Next to speak is Rick Baria.
3 few properties that had problems about dcveloptlxent and all ~ n~t~. BARIA: ~~y name is Dick Baria, and I
4 of a sudden, we have this 117onstcr that virtually is 4 live at 513$ Edwards Road. I think generally that there's
5 rezoning host of the City of Denton and all of the S a lot of merit in t11is particular concept. I think in
6 neighborhood residential areas in kind of a Zoning ~ deference to Mrs. I think it's l~idenour, she had sotrte
7 light. The rationale for this was we had to dive 7 good comments about the fact that there's no oversight.
S developers incentives to build on these lots. I went to $ It could be that we can work sotlle type of protection far
9 the City Council hearing on this when it was sent back to tl~e citi~enty if sonic of the satnc of the if you want
l~ you. I listened to those developers, and not one of t17eln l0 to call them rewards are incentive-based. But I can think
11 not one of them talked about anything that is in this I 1 that certainly in some of the infill that 4~re could use
1 ~ proposal. Their train complaint were use fees. The 1 ~ some relaxation about if someone was t~ save sonle trees, a
13 onerous imposition of impact fees on them, and that is l3 lot that had a Xat of trees on it, rather than knock some
14 what has prevented them from doing tllc development they 14 trees down and put two houses that were separate, I think
l5 want, I waft to quote to you from the Denton Record 15 it would be better to save t1~e trees and to ha~~e an
1 ~ Chronicle article, l~riday, April 13th, regardlllg this, 1 ~ attached wall unit or two. That certainly seeps like a
I7 "critics have Said floc area is too large, and includes 1 ~ virtuous thing to me. Fitlally, in same sections of town
18 ncigl7borl~oods that don't need relaxed standards to attract 1 S where w~;'ve had houses that have boon torn dawn and
19 development. The plan includes eased requirc~~~cnts for 19 there's existing infrastructure there. I would think that
2~ sidewalks, streetside trees and building setbacks under ~0 it wouldn't be unfair to give an incentive to a developer
21 limited circumstances, but it doesn't include the impact ~l to build by waving at least some of the fee if not all of
~2 fee reductions that developers sought. Itx~pact fees are it because we're not adding an additional burdt~n on the
~3 charged to new de~Telopmelxt to offset their effect on water ~3 illfrastr~icturc. Occasionally, v`re tlligllt and then t17at
24 and waste water facilities which I think is a good ~4 percentage of the fee might be appropt7atcly higllcr. But
25 thing. Robert Stock, president of Denton-based energy- ~5 I can think that in so1rle lots whe~~e houses have bcc;n tarn
Page ~ 4 Pagc ~ 6
1 wise solutions which builds energy-efficient hotx~es said 1 down and they've been vacant for a number of years, we
~ the infill proposal is worthless without more de~relopmctlt ~ still have an old water tap there that we probably
3 incentives, "if they wanted people like m that are far 3 wouldn't need to charge. And that's all I've really got
4 profit to come in and help build up these neighborhoods, ~ say about it, I think it has sot~lc merit. Maybe there
5 you can't glue us h~glt t111paCt fees and stlll expect u5 to S Should be a little mare detail so that someone has to earn
~ build." No one was talking about easing restrictions on 6 sotnc of the privileges. Thank you.
? the density of development. ~cro lot lines in our 7 con~n~is~or~'~n STRA~TGE: Think you for year
$ neighborhood would destroy the character of oux $ comments. I do have one; card from a l~hasrow ~adeghian,
9 neighborhood, ~ It says it depends whether he wants to talk or not, so
1 t~ what does it mean that one whole block 1[} have you decided whether you want to talk or not?
11 can't be developed in zero lot lines like it says in this 11 MR. SADEGIIIAN; I think I want to.
12 ordinance? Does that mean that everything but one lot can 12 ~~MI~~LSS~Oh'ER STRANGE: You think you want
13 in our neighborhood, that would be significant, And, 13 to, okay.
14 finally, to our amazement, this proposal retrtaves one of 14 MR. SADEGHIAN: yes.
15 tl~e most effective tools citizens in this town has to 15 C❑MMISSIOh1ER STRANGIi: C~111~' forward.
16 address and protest developments that we don't agree with 1 G please, and glue us your Hanle and address.
17 and that is invoking the super ncla~ority. A X00 --all 1? 14SR. SAD~GI~iAN: qty name is Khosrow
18 dais does --please let Ire finish for just 3~ seconds, 18 Sadeghian. NIy address is 1'.0. Box 5593, Denton, Texas
19 A11 this does is call for the developer to call a muting 19 7620. The reason why I`tn here is that I support those
20 and we've had a great example tonight of what a developer people on the west side of Carroll Boulevard that have
~ 1 thinks a meeting is and what a citizen and ~~rhat ~ I certain you know, they ha~re big lots and what have you
22 citizens a~e about what is disclosed in that meeting, 22 and they can build big~~er houses, but I don't know
23 You leave us no recourse. Yon have taken away front 23 specifically what was done that was read by the gentlemel~
24 citizens in this town if you pass this, our recourse to 2~ in the legal department, but what I wanted say is I've
~5 protest inappropriate clevcloptx~ents. Thank you very much. 25 got two or three itc~ns that I ~~anted to say and nobody
P~,ANNTN BONING DRA~'I' ERPT, 4~, 4E, APRIL ~~07 Pagc 1 ~ -Page 1 b
i
~ndense~~~`
Page 1 ~ Page ~ ~
1 here is representing the lot owners in the southeast area 1 know, the houses got old, dilapidated. Nov, we need. to
~ of Denton between oadrow and Downtown and going south to 2 put some new housing and we nc~Gd t~ attract son~e 3 Pram McKinney street going south to Da11as Drive.
And 3 ins°estmcnts. And Robert stock and I, we are agreeing tl7e
4 so here's the deal. if we want economic development in 4 same thing that that nonprofit organizations are
~ that area, there's a let of hauscs. I own 27 ar 28 lots 5 getting free, no impact, why can't die far-profits that
b in that area. l~obert Stock, the gentlemen mentioned, has 6 make a few dollars and pass on a good house, reasonable
7 some lots. And he's put a beautiful house. Ire's trying ~ priced house which are 95 to 1 I Q to good citizens of town.
8 to build some stuff in that depressed area. But to make That's all.
~ it reasonable and to I think we ought to have a 9 co~IMi5SIO1tiER STRANGE: Thank you very much.
I O standard for that area. because we've had houses built l ~ sADE(~FIIAN: Thank you all.
I 1 dle~~ ah~ady. And the City charged then impact fees. ~e 11 CQMh~IISSIO?~El2 STRANGE: I dD have some cards
12 shouldn't charge them any i~rlpact fees in that area because 1 ~ of purple in opposition. Ed and Carol oph of 1 X20
I3 of the fact that this is double taxation for that I3 ~lictoria grive. Car~~line Poniard is i~l opposition froii~
1 ~ ncigl~borhood, I4 180 ~Vcst Oak Stt~ect, Lilli right, 1$191~'est Oak ~s in
1 Soto get affordable housing from 95 to 1 ~ opposition and David 1~~'righ, 1$19 hest Oak is in
16 $11 ~,OQ~.~~ and put nice brick houses tl}ere, we need to 16 opposition.
1? have t]lose impact foes waived because when people mo~~ed 17 Is there anyone else who did wish to speak
18 over there, tl~e City approved the lots. The City approved 1 ~ or did ha~~e a card? Come for~~rard and give us your nai~te
1~ the houses. And they knocked them down I would like I9 and address.
2~ one more minute, if I may and by the ~~ray, that Iady was 20 1vIR. wI~I~IiT: try name is David Fright, 1 S 1 ~
~ 1 going to speak toe, but her English is not good, so I want ~ I ~~est Oak Street. I did have a carol, but I just wanted to
2~ to know if I can borrow two minutes for her too. 22 add briefly, It appears that this criteria applies to
~3 GD~IMISSIO~ER STR~.NGI;: You"ve gat about a ~3 lets that are two acres or less; is that carreet'~
24 lntnute and 45 seconds, 2~ col~~n~tstorwlr~ sTRA:tiGE: YDS.
2~ ~r~. .~pEGHIAi~: okay. fiery good. Okay. 2~ >~~It. l~~'RIGHT: okay. And an Vest Oak Stmt,
Page ~ S Page 2~
1 ~o here's the situation here, I urge you-all in that 1 ~~~e have and in other parts of Denton as well, there are
~ section of lawn, I don't care about anyw]~ere else because 2 lots that meet fl~is criteria that are cantiguou5, so you
3 you know, they have big lots and a nice expensive stuff, 3 have separate parcels, but they are yeti know, which,
4 but to get 10~s of almost I,O~~ lots in that 4 you know, may be half a block long. But they do
~ 5 neighborhood, we're gaing to have to da two things, and 5 individually are less than tv4~o acres. They might be
~ 6 please Hate this down and see if it will pass. One is to ~ se~~eral we have sc;veral twoyacre lots in a row, and I
7 waive all of the fees because the itr~pact fees bcc~ause do have some concern that because they're individually
8 these houses were built and paid once before, 40, 5~ years S awned ar developers can do thin one at a time or
9 ago. Number two, is the fact that file lots are too small, ~ manipulate the~rl as individual units to develop things
10 some of them big, and please, let's waive some of these l~ which would not Nally fit in with a neighborhood
] I setbacks and what have you so we can build on them. Vas I 1 specifically,
1 ~ it the one and a half minutes? 12 ~o basically it's a way of getting a Tare
13 CGM'~~ISSIO~'ER STRAi~'GE: You've still got I3 parcel of land, chopping it up and add~~ssing them
I4 that tiinc. I4 individually which und~~nrlincs the purpose of, you knnv~r,
I S MR. sADEGHI,'~N: okay, ~o this is very 1 ~ url~at you're trying to pass here. o I just wanted to
16 important. ~alne of those fats they tell me, oh, that's 1 ~ voice that cnncc~rn and say that we are opposed t~ that for
I7 too small to build on. And we're trying to put a home 17 those reasons in addition to what l~lise mentiarred
1$ that's reasonable far the folks in tl~e area to be able to 18 previously.
19 build on and be right next to the mall. This is right 19 COMI~IISSIONER Tt~~r~l~; Thank you far your
2~ close to the ~nal1. ~G'e deed to put some people that work co~rnnents.
21 in that area to be able to live there and be willing to ~ 1 MR. WRIGHT: Thank you.
came to t11c area and not say, hey, this is scary or colvl~tlsslor~TErt STRAI~TGE: anyone else wish to
23 whatever, It's a beautiful area. There's trams, but I 23 speak? If not, 4ve will close the public hearing. There
~4 need those fora items from you, e~~eryone of you, if you Z4 have been a couple of continents that I tl~i~~k would require
would please consider. There's l~~s of Iots just, you 25 some clarification. One relates to the it~pact fees and
PLA]V1~IIN ~~11TI1~ DAFT ~~~E~'T, 4I~, A~~IL 2, ~~~7 Pale 17 - ~a~e
O~~C~SC~~~~
Page 21 Page
Z ~~rhen we first sent our draft of this to tl]c City Council 1 city and leaving soiue cf these other si~~aller parcels iI~
~ se~''eral months ago, we had language in there about waiving 2. tact inside the City that are not developed.
3 il~Ipact fees, and w1~el] it came hack, that language was ~ o I don't know tl]at d~ere is a lot of
~ taken out, we discussed it at several workshops. And I ~ things in here that would be ncncompatible. As I say,
~ will defer tc legal so they can giv°e you t11c proper 5 we've tried to it has to be the sal~~c setbacks as a
6 language an that but essentially what we've been told is 6 1]ouse on eirl~er side of it. If you took a vacant lot, you
7 that it's not legal to waive those fees. Sc Mr. Drake, if ? couldn't do something as far as a building setback greater
8 you' 11 clarify that, S or less than the houses on either side of ycu.
~ ~x. ax~x~: ~~~ell, I'm seldanrl accused of There is information here about facade and
10 being brief, but 1 think that su~xls it up pretty well. The 1 ~ architecture and garages and rear entry and front entry
11 fact of the natter is thatthe the legislature has 11 and a nun]ber of things tl]at all are stating they have tc
1 ~ given the City limited authority to have impact fees in 1 ~ be compatible. So we are Il~tereted In Cc~~]pat1billty,
13 the first place. There are a nul~bcr of particular 1 ~ we're not looking to undermine neig}~borhoods. But we are
14 requirements t17at are placed upon the City far public 14 looking to try to da something t1~at will create a demand
l ~ hearing and review and wlaat ha~re you, and because of tl]ase 1 S for people to came in and fill up the vacant fats. 50
l ~ rerluiremerlts, Cities are do have to fellows tl]e 1 ~ this is our best effort at it and I can tell you we have
] 7 strictures of tl]at statutory scheme. And the statutory 17 spent hours and hours working on this and esseltially what
18 scheme does not allow for wai~~er cf impact fees. 18 has boon presented tonight has been the subject of several
19 Morccver, it's been tl]c practice of the City and as 1~ ~vcrl~sl~ops, and tl]e final wordsmitl]ing, staff 1]ad brought a
carried c~I the advice of specialists in t1~e area, that 2~ dccull]ent to tts tonight and then in our work session tl]~~rc
21 that we not waive these fees but in in areas where we ~ 1 was sl~l]]e of the language that we did not think was
22 might want to give some kind of relief to actually fund appropriate far what we were lcckirlg for and wanted to
~3 that from other sources instead, tl]ere being no real 23 maintain tl]at area of separation, again, compatible within
24 authority to actually waive those fees. So in a nutshell, ~4 those neigl]borl]oods. If it's in an ~~-2, ~ cr 4, eve did
2S that's tl]at's basically it, The statutory scheme does ~5 not want zero lot lines crammed iI] in effect, it could
Page Z2 Page 4
1 constrain what ure can do with that, and there really is no 1 bcecme attached housing. You may could put it on the Side
~ irlechanlsm provided in that statutory for waiver of impact 2 property lines so it is zero on ono side, but if there is
3 fees for this cr any other reason. ~ a six-foot side yard setback in any other cf those otl]cr
4 Co~~~ISIDNER STRgNGE: okay. And then in 4 zoning classifications, tl]et] you'll have to have 12 foot
5 in kind of answer to Nfr. wrigl]t's question, eve did add ~ betvuccn that house and the next one. o in essence you've
6 language into tl]e new proposal, it vas not in tl~e origil]al ~ maintained that spread,
7 draft that says that it's not applicable for anyone to use 7 So again, those are just a few cf the
~ infill on any property that has been replotted into less $ things tl]at rare hoped ~~ve have acco1lzplishd and hopefully
9 tl]an t~va acre lots after the effective date of this ~ answered some of your questions. Dr. Lyke.
1 ~ ordinance. In other words, yau couldn't take a four cr 1 D cor~n~ISSIONE~ LYKE: sidewalks. Shall we
I 1 five acre tract ar~d then come back and replat it and I 1 explain sidewalks real quickly?
1 ~ expect to get infill, You have to go through you would 12 c:aMMiSi~NER STRANGE: sure.
13 had to have gone through this process prior tc t1]e I3 co~t~t~sslc~nT~n LYRE: The sid~~'alk
14 adoption of this ordinance, So that was put in there to l4 issue you know, if you're lacking at aI] infill lot and
1 S cover the intent of peoplo taking advantage of the 1 ~ there is sidewalk on this side and there is sidewalk on
1 b t~~o-acre ruling. 1 ~ this side you must put sidewalk an an infill lot. If
1 ~ I would point out that one of the things 17 there is sidewalk on either side, one Side, yau still have
18 that we tried to do and Z did I]ct Count the tlnles that the 1 S to put sidewalk in, But if dlere is a lot that's
19 word compatll~lc is used in tl]is ordinance but it's more 19 developed, a lot tl]at's developed, an infill lot, but
than once. It's virtually in every paragraph. we do want 2~ there's no sidewalk an either Side, t17en, no. you do not
21 to keep colr~putability with what is in the existing ~ 1 have to put a sidewalk in front of that little patch which
neighborl]cad, But 4ve also want tc do and think that we 2~ is a coit~pro1ilise that ]nakcs sense. But otl]crvvtse, you do
23 needed to do so~rlething to create son~e level of incentive 23 have t~ put sidewalks in.
2~ for people to utilize some of these infill parcels rather ~4 co~~ttsstor~rFrt STRANGE: okay. Staff.
2S than to kocp growing and expanding the boundaries of t1~e 25 Loc~L~Y: r just wanted to address also
PLANN~N ~ONI~C ~~AFT EER~~', ~D, ~E, A~R~L X007 Pa~~ ~ 1- P~~~
i
0~1~C~lS~Y#~
Page 25 Page 27
1 a quest~an by Mr. Ridenour concerning tl]c neighborhood 1 The next item is Item 4F, Amendments to
~ meeting requirement. This was a requirement that I ~ Subchapt€~r ~0 of the Inton De~~elopment Code concerning
3 believe all dle Planning Coin~nissioncrs felt v~y strongly 3 gated co]]vnunities. Mr, Lockley.
4 about and it is at this neighborhood meeting d]at I would 4 ~~t. LOCI{LEY: Yes, Mr. Chairman, members of
5 envision if there's any administrative adjustments ar any 5 the Planning Coim3~ission, This i5 also a Code Amendment
b requests that arc going to be made by the applicant would 6 that u~e'vc discussed at nulnerc~us work sessions ar~d I'm
7 be brought out in that public meeting, so that everyone is 7 pleased to present for you this evening tlYis draft or
8 aware of what types of adlninis~'atlve adjustments ]nay be 8 final draft of this Cade Amendment far provisions far tl7e
9 requested although a decision may not have been made at 9 allowance of gated communities. what tl]ls ordinance does
10 that neighborhood meeting, I tl]ink it would be appropriate l~ is it establishes provisions for gated communities and
11 for the de~~cloper to not only inform staff or just to 11 what the requirements will be if a developer chooses to
1 ~ inform staff again, but to also infartn the public as to 12 dcvFclap such a subdivision here in t1~e city,
13 any special requests that they're going to make in terms 1 ~ The Cade allows for gated eo13u3YUnitics to be
14 of any adninistrative adjustlncnts, but, again, it does 14 established with the following provisions. And tl]csc
15 have its own appeals process and I would welcome any 15 address or speak specifically to water and sewer, street
I ~ other, you knave, issues or any other concerns and I'd be 1 G lighting, electric facilities and lines, public safety and
l~ more than happy to meet with anyone actually to discuss 17 other access requircinents, solid waste requirements and
1$ how this ordinance would be ii~apleZnentcd at the staff ~ S drainage requirements, It also requires Homeowners
I9 level. So I just wanted to share that. Thank you. I9 Association. And d]ere's additional an3end113ents to thls
CoM~ISSIDNER STRANGE: her. Watkins. 2~ ordinance that will be forthcoming in the very near
21 Ca1~I~1rIiSSIONER ~v~,TKINS; Thank you, Mr. ~1 future. I would just like to point out in your hearing
2~ Chairman. Have you close the public l~caring? ~2 just cane of the requirements or stipulations. And this
~3 CD:~~MISSIDNER STF~.ANGE: Yes. was just an issue tl]at we've discussed ~t length and tl]is
CQ~IMISStQNIrR ~va1'I{INS: I would like to wove ~4 deals with the City's responsibilities as it relates to
approval of acs-o~-cots. r~d also like to say in moving ~5 repairs of public or of private streets and the e:~tcnd
Page ~6 Page 28
1 approval, we've been at this over a year and some of these I of that responsibility. And this basically speaks to the
~ things these folks have tallccd about have bee~z in there 2 fact that most of the public utilities wet and dry
3 but they're not in there no~v and I hear deem talk about 3 utilities will be located in ease7ncnts within Chase
4 yak Street and the yak Strut Neighborhood Association, 4 private streets. Arid if the City at any paint has to o
5 these don't apply. Ycu can't use tl]esetwo-acre tracts to ~ in and make repairs to thoS utilities in thc~ private
~ one of those places, or Bell Avenue or so Earth. I think 6 street, in repairing that street, the City will follow
probably, and I don't know how tI]e Council will receive customary practices in bac;kfilling and repaving repaired
g d]is, but it's time that we have whittled if you would, S sectio~~s of private streets after a utility repair
9 about as much as we can and I don't knave if this will ~ utilizing the least cost solution with na further
1~ encourage people to develop those Tats or not, Mr. 10 obligatiol~ of future maintenance for the repair and no
11 Chairman. I hope so. That's what we started nut to do 11 obligation to rebuild or repair pavelr~ents to ar]y pre-
12 aver a year ago. But with t13at, thank you. 1 ~ existing design or appearance if different frol~ the City's
13 ~Q;Irih~ISSIONER STR4NGE: appreciate that. eve 13 ordinary repair standards far public streets,
14 have a motion by Mr~ Watkins. Da we 1]ave a second? I~ Alternatively, the H~~ may elect to privately undertake
1 S caI~~Ilssror,~E~ TI~Gh~A; I have a second, but I S one or more aspects of the b~ckfilling in pavement repair
16 I would like to include d7c ai~nend~ncnts that ~ve`d earlier 16 and the city may participate in the funding of such
17 discussed. 17 private repairs, but only to the extent of any repair
18 CaM~[SSIONER sTRANG~: Mr. Watkins, if you 1 S costs avoided by such private repairs. And that was an
I9 could Include d7at in your motion. 19 issue that we had discussed and there was some concern
Ca~iMISIONER w~TI~INS; elease. P1e~se da. about haw much or what the level, I guess, of repair what
~l COMMISSIOItiER STRANGE: okay. So the nnotion 21 the City would be responsible far. l~'inally, I wanted to
22 is to approve tl]e document Witt] the changes that were made ~2 point out at the end of this section, which really brims
2~ fra~Tr d]e work Session and the new wording, and tl]e second ~3 all of these Standards together is the Hotr~eowners
2~ . reflects that same the same information. Any ~4 Association require]~nent, And what that basically does is
25 discussion? If not, please vote. The vote passes 6-~. ~5 establish a IIomcawners Association for really the
P~ANNIN ~NIN RAC' ~~~ERI'T, 4D, 4~, APR.~L ~4~7 Pale ~5 - Pale 2~
L~~
and~nseIt'~
Page Page 3 ~
I maintenance and continued maintenance of all of tlacsc 1 con~n~rsror~T~~ sT~A~TGE: okay, The second
2 facilities that would tlyen fall outside of the alrrr of 2 COMM[SIOtv'ETi 7~IrOn~t~s: Yes,
~ the City. And what that HOA would basically do or what ~ C4'N~IISIONER sTRAI~'GE: includes
4 that requircrt]ent stipulates is that tlae Hoa would have to 4 changes. Sa we lave a motion and a second to adopt tlac
5 be established and run in perpetuity with the gated ~ ordinance with tlac changes read into the record by Mr.
6 co~rzra1un~ty. It also establishes Borne of the covenants that 6 Drake. any discussion? Please, vote. Anr~ the vote
7 would be required for the gated community so it is going 7 passes ~-o. That`s tl~e final item on our Agenda tonight.
t~ addr~S5 Some of those concerns th~rt are xaised when a 8 Does anyone have any other Agenda items? Seeing none, we
9 gated conununity is established and there isn't the amount 9 will adjourn,
10 of ove~'sight, if you will, far tine facilities that arc 10
I 1 that then become private and are not solely the 11
l~ respDnSibility of tho City. Th~rt ~vi~l conclude my 1 ~
13 presentation, I will be happy to answer any questions 13
14 that you may have. And thank you. ~ 4
15 Co~IMis5rC3~Er~ ~TR~,IVGF: ~,e~al, 1 ~ 4
1 ~ h~R. aRAKE: Mr. Chainnar~, during the work 16
17 ~cssion, tlae Corrrlnission, we did discuss one possible text I7
1$ change that if it would assist the Commission I can read 1 S
I ~ into the record regardit7g t17e access points for gated 19
colx~uz~unitxes. This would be iza Exhibit 1, Page 1, Ite~u 2~
~1 3~,1~,Z1A-~. In the backup it reads, all gated ~1
~ 22 conurrunities must ha~~e and instead of a single point, one ~2
2~ or snore points and then reading on, of access t~ public ~3
24 stt`octs surrounding the development and an alternative
2S e~x~ergency access for emergency service vehicles. Tlae idea ~5
Page 3D Page 3~
1 of the change being not to prescribe in here specifically 1
Z how many points of access would necessarily need to be 2
3 provided because to a large extent, the Hire Code or other 3
~ standards rrYilat play a role in defining how many access 4
~ paints would be necessary. S
G Under the proposal, if allowed by other ~
? ordinances such as tl~e Fire Code, one point of access 7
S might suffice, but the proposed change would just clarify $
9 that it would not necessarily Hoed to be only one point of 9
14 access because a particular developer may desire to have to
~ 1 two points of access or three points of access or even 11
I ~ more depending upon tlac desires of their development, 1 ~
1 ~ ca~~n~rssro~TER sTRA~'GE: z~hank you. This is 13
I4 a public hearing and we will open the public hearing. vVe 14
I ~ have no cards ora this itc~n. Is there anyone here ~~ho does 15
16 wish to speak? If not, we will close tlac public hearing, 16
17 Do we have a motion on this item? 17
1 S CoM~rISSIO~ER ANDERSON: I' 11 move. 1 S
19 con~~~rssro~~~ STR4t~GE: move approval by 19
Mrs. Anderson. Do ~~e have a second?
~ 1 Co~Mrssror~r~~ TII~I~4AS. second. 21
C~:~I~~ISIO1~iER STR.AI~TGI:: 1~ve have a second by 2~
~3 Mr, Thomas. Any discussion? And again, I'm asstnning that 23
~4 the motion includes the in changes? 24
25 co~~rrs~ror~~x ~~raErtso:~: ves, 2~
P~ANN~T~ ~~NIN DRAFT F~RPT, 4D, 4R, APRIL ~S, X007 Page ~9 -Page ~
I
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8232
SUBJECT: (DCA06-0015, Gated Communities).
Hold a public hearing and consider adoption of an ordinance amending the Denton Development
Code concerning the standards and processes for allowing gated residential communities. The
Planning and Zoning Commission recommends approval of this ordinance (6-0).
BACKGROUND
Several developers have approached the city and inquired about provisions for gated
communities in various locations throughout the City. Until now, the City has maintained the
position that neighborhoods should be designed in an interconnected system where street systems
should be platted to allow for future connectivity and residents could travel from neighborhood
to neighborhood seamlessly. However, certain situations given their location or other
circumstances may warrant consideration for being gated. In these instances, gated communities
may not only be functional by may address a segment of the housing market.
Since September of 2006 staff has been developing an ordinance for the standards and processes
for allowing gated communities. The attached ordinance represents those efforts and addresses
the immediate concerns of the City if a gated community is proposed. A primary concern
expressed by municipalities for the development of gated communities is the standards that
govern the development. Many cities have standards for both public and private roadways
however, with more gated communities ultimately becoming the responsibility of the local
jurisdiction, it makes sense that the infrastructure, although private be developed to a city's
public right-of way standards to potentially curb the costs of repairs in the future. Similarly,
maintenance of utilities and the associated repairs to the private streets are an issue that is
addressed by this amendment.
In summary, the amendment establishes how the infrastructure will be designed along with the
associated amenities of the development and the responsibilities of the homeowners association
and the City with regard to streets, water and sewer, street lighting, electric utility infrastructure,
and related requirements.
An item that was discussed but is not included in this amendment is the approval process for a
gated community. Initially, staff proposed that requests for gated communities be approved with
a specific use permit (SUP) to invoke the public hearing process and the Planning and Zoning
Commission could recommend and the Council could set standards peculiar to each case, or as a
means to establish a homeowners association for maintenance of the private streets, or to
establish criteria for gated communities to be unacceptable in situations where existing right-of
way connections are provided on abutting subdivision and the property is not physically
constrained by any natural or manmade obstacles. However, staff will provide these options in
subsequent development code amendments for gated communities. Until then, these provisions
establish gated communities as a permitted use in the neighborhood residential zone districts of
the Code.
A set of amendments to the existing Development Code will be made in order to further clarify
the implementation of gated communities. This list of changes includes but is not limited to the
following: Section 35.20.2.P and 35.13.10.1.b. and 35.13.10.2 and Sections 35.20.2. C and
35.20.2.H, addressing requirements for public streets.
ACTION/REVIEW (Council, Boards, Commissions)
Denton Development Code Committee, September 15, 2006
Planning & Zoning Commission Work Session, October 1 1, 2006
Planning & Zoning Commission Work Session, January 10, 2007
Planning & Zoning Commission Work Session January 24, 2007
Planning & Zoning Commission Work Session March 28, 2007
Planning & Zoning Commission Public Hearing April 25, 2007
OPTIONS:
1. Approve as submitted.
2. Approve subj ect to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0) of this ordinance amending
the Denton Development Code for concerning the standards and processes for allowing gated
residential communities.
EXHIBIT
1. Ordinance
2. Planning and Zoning Commission 4/25/07 public hearing minutes
Respectfully submitted,
' r
1
Brian Lockley, AICP
Interim Planning and Development Director
.y .
Exhibit 2
ORDINANCE NO.
AN ORI]IN~ANCE OF THE CITE OF DENTON, TEAS, AEI~TDINC PORTION
OF SUBCHAPTER 35.1 OF THE DEI~TON DEVEIIOPENT CODE, PERTAINIlV
TO STANDARDS ADD PROCESSES FOR ALLOTIN~ SATED RESIDENTIAE
CO TIES AND PRATE STREETS; PROVIDE FOR A PENALTY
CLAUSE KITH THE AOUI~T ~2,Oaa.~a FOR VIOLATIONS
THEREOF; Ah~D PROV~DINO FOR AID EFFECTIVE DATE. ~DCA.~G-~~ 15
WHEREAS, pursuant tv Ordinance Na. ~~a-~40, the City Council of the Cit of
Denton, Texas adopted the Denton Development Cade the ~;Development Code" ;and
~ VEREAS, after ravidin notice and after ' ~ conducting public hearangs as
required by lair, the Planning and caning Commi~ian recommended a rova~ of certain Pp
changes to Subchapter 35.1 of the Development Cade, pertaining to standards and
praceses for alla~ving gated residential comn~.unities and private streets; and
WHEREAS, after providing notice and after conducting a ublic hearin as p g required by Iav~r, the City Council finds that the changes to the Development Cade
are
consistent with the Comprehensive Elan, and arc in the public interest. NOS
THEREFORE, .
THE CO~CIL OF THE CITY OF DENTON HERESY ORDAINS;
SECTION 1. The findings ar~d recitations contained ~ the r
p cable of this ordinance are incorporated herein by reference as true.
SECTION Z. Subchapter ~ . l ~ of the Development Cade are hereb amended in . ~
~ part, as partrcularly described In Exhibit attached hereto arld na.ade part hereof b y
reference A1I other rav~s~ons of Subchapter 3.16 not specificall than ed b this y g Y
amen.dn~ent shah remain in full farce and effect.
SECTION Any person violating any provision of this ordinance shall, u an
P conviction, be fined a sun not exceeding ~,0~~.~~, Each day that a rovisian of this
ordin p anae ~s violated shall constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or ward in
this ordinance, or the application thereof to any person ar circun~.stance is held invalid b Y
any court of competent ~urisdictian, such holding sha11 not affect the validi of the . .
rernaimng port~ans of this ordinance, and ~ the City of Denton, Texas hereb declares it Y
would have enacted such remaining ortrons despite any such ~nva11d1ty,
SECTION 5. This ordinance shall become effective fourteen 14 da s frvn~ the . ~ ~ Y
date of Its passage, and the City Secretary ~ ~s hereby directed to cause the c tlan of this . ~
ordinance tv be published Mice in the Denton Record-Chronicle, a Bail news a er Y pp
x published 111 the City of Denton, Texas, within ten ~ 1 a} days of the date of its assa e. p g
PAED AND APPR~VE~ ~~is ~ ~ dad ~f , ~~~7.
~ PERRY cNE~,L, ~VIAYR
ATTEST:
JENNIFER ALTER, QTY SECRETARY
B;
APPR~~ED A~ T~ LEGAL FARM;
EDWIN ~Vi, NYDER, CITY ATTORNEY
r
Xh1~1t
ExhYbit 1. Amendments to u~chapters 1, 1~, ~ ~f the Dentan
De~el~pment bode to AII~~ dated communities
I. UBC~APT~R 1 ~ ~F TIE D~NT~N D~V~L~P~I~T CODE I ~~D TO
ADD THE ~'OLL~wINC~:
5. I 1, Gated Co~uunity Requirement; The fallowing sections set forth the
requirements far gated communities in the City of Denton.
~ ~ ~ S~~eets~
I. All streets and alleys in a gated cammux~ity girl be private streets.
All gated communities rriust have ~vne or more paints of access to public streets
surraundiu the development, and an alternative emergency access for emergency
service vehicles 1f only an.e public access point 1s provided.
3. Private streets shall meet all requirements and standards ofthe City of Denton far
public streets,
4. Natwlthstanding any contrary prov~slon 1n the Denton Develapnlent Cade ar C1t~
of Denton Criteria 1Vlanuals, the following requirements apply to private streets
within the gated community:
a. Turnouts ar turn-grounds far the public shall be provided outside the gated
per~rrieter, pursuant to the gu~del~nes Of the Transportation Design Cr~terra
1Vlanual. Areas sha11 be dedicated by the developer as public access
easements, or as part of the public right of way, and shall be maintained by the
developer where they are easerrlents.
b. dated caniunitis shall not be allowed to abstract any existing arterial
street ar proposed arterial street as shown on the City of Denton Mobility Plan.. streets shown an the Mobility Plan of the Denton Plan shall not be
gated ar private streets. The Planning and honing Commission may
recommend the denial of the creation of any other private street if, in the
Canunissian's judgment, the private street would negatively affect vehicular
ar pedestrian traffic circulation ; on public streets, or impair access to property
neither an-site ar off site}, to the subdivision, access to or from ublic
p fac~l~tle including schools, paxl~s and libraries}, yr the response tune of
emergency vehicles.
c. Private street Lot -Private streets and alleys must be constructed within a
~ separate lot owned by the property owners assaclatlan. This lot must conform
i
to all of the City's standards far a public street andJor alley right-of~way. An
easement covering the street lot shall be granted to the city and franchised
Llt1l1t1es, providing unrestricted use of the property for utilities and
maintenance. The easement shall also provide the city with the ri t of access
~ far any purpose related to the exercise of a governmental service or function.
The easement shall parit the city to remove any vehicle or obstacle within
the street lot that impairs emergency access.
d. Canstru~ction and N~aintenance Cost, The city shall not pay far any portion
of the cast of constructing or maintaining a private street.
. a~~~ and w~
1, All water and sewer mains that serge inside the gated cornmuni and axe
located within public utility easements shall be dedicated to the City prior to
approval of the final plat, and shall be publicly owned and maintained,
All water and sewer mains and associated appurtenances shall be designed
and built according to City standards.
a. A Public C~tility Easement ar other adequate water and sewer easements a
shall be dedicated to the City of Denton for all water and sewer mains,
3. Public water and sewer facilities must be located within a public utility
easement ar other adequate water and sewer easement dedicated to the City of
Denton. The City is not responsible far reconstruction ar full depth repair to
the private street. The City will follow customary practices in bacl~flling and
repaving repaired sections of private streets after a utility repair, utilizing the
least cost solution, with na further obligation of future maintenance far the
repair, and na obligation to rebuild or repair pavements to any preexisting design or appearance, if different franc the City's ordinary repair standards for
public streets. Alternatively, the ACA nay elect to privately undertal~e one or
mare aspects of the backfilling and pavement repair, and the City nay
participate m the funding of such private repa.rrs} but only to the extent of any
repair costs avoided by such private repairs,
a. water meters and sanitary sewer cleanouts must be located within a public
~ utility easement and outside. of the paved portion of the private street,
C. street Fighting
street lighting an private streets is required to meet the design standards of the
City of Denton, and shall be installed and maintained by the I~~A at no cost to
the City.
2. Luxnrnaries, fixtures, poles, foundations, conduit, ~vixing~ appurtenances, and any
other anc111ary items associated with street lighting shall be awned, operated, and
maintained by the H~A. .All energy costs will be metered and invoiced to the
I~~A under the appropriate rate schedule, The I~OA shall be solely res~ans1ble to
obtain and pay far power needed tv illuminate street lighting.
D. ~c~ric ~~as~c~~cre
1. All electric facilities that serve inside the gated community shall be ov~ed and
maintained by the utility provider.
2. A11 electric facilities shall be designed, built, and operated according to the
standards of the utility provider.
public utility ~aserrients shall be dedicated to the public use far all electric utility
~nlrastructure.
4. ~lec#ric lJtility Infrastructure must be located within a public utility easement ar
other adequate easement dedicated to the City of Denton, The pity is not
responsible for reconstruction or full depth repair to the rivte street. The fit
. P y will fallow customary practices 1n backfilling and repaving repaired sections of
private streets after a utility repair, utilizing the least cast solution, with no further
obligation of future maintenance for the repair, and na obligation to rebuild cr
repair pavements to any preexisting design or appearance, if different from the
pity's ordinary repair standards for public streets. Alternatively, the BOA nay
elect to privately undertake one or mare aspects of the backfillin and avement
. F g p repair, and the pity nay participate in the funding of such private repairs, but only
to the extent of any repair casts avoided by such private repairs.
. Public Safety are ether Access Requirements
1. The fire chief, or his designated representative sha11 rove the
i ~ + . ~nsta~~at~an of access gates, ~vh~h sha11 meet Fire bode requ1rernents for
erriergency operation, and sha~~ be maintained at all times by the H~A.
The BOA shall provide keypads and caries, s well as a receiver and
n~echanisrn designed to open gates automatically in response to a remote traffic
signal preemption device n~eeti~.g the specifications of emergency service
providers, at all gates into the community.
3. In the event that at any time any gate does not pran~ptly and automatically open
for an emergency vehicle ut~lrz~ng a traffic signal preemption device, the
emergency responders shall be privileged to remove, disable or destroy any .
lacking device, gate ar piece of a gate in order to gain access. The deed
~ restrictions shall recognize and incorporate this requirement, and further hold
i
the pity and its emergency providers hai~inless from ar~y and all claims or
darr~ges arising from the ~I~A's~,faiture to maintain the gate to this standard or
far the removal or destruction of such gates ar devices.
4. The I~~A. will provide non~emergency access codes to solid waste pravlders,
the electnc utility, the water utility and wastewater utility maintenance
department franchised utilities, and the U Postal ervlce.
Access Restricted Entrance Design standards -Any private street that has an
access control gate or cross arm must have minirnu uninten-upted pavement
width of feet at the location of the access control device. If an overhead
barrier is used, it must be a rriinin~urn of l4 feet in height above the road surface.
All gates and cross arms must be of breal~away design. n lots adjacent to
entry gates} fences may exceed ~4 inches in height, up to a n~axin~u of eight
Feet within the side yard setbacl~, such fences must be constructed of wrought
iron with brick calumny, No solid fencing panels will be allowed.
F. o1~d waste Requirements
Residential solid waste collection service will be provided from the front of the
property at the curbside of the private streets,
~`or residential dwellings with rear entry gars es, the soled waste collection
g service may be provided from the alley, ~fe alley 1s designed to provide
adequate turr~i.ng radii far aI1 solid waste collection trucks. The house address
number must be visibre from the alley,
Alt residential refuse collection criteria, as listed within the pity's ordinances,
shall apply to gated canunities.
In the event that at any tune any vehicular access gate is not operable, and access
is not available for solid waste collection vehicles, the Solid Waste I]epainent
will continue on with the normal progression of their daily route, and report the
inaccessibility ofthe area to customer Service.
Drainage Requirements
The Developer ~s responsible for the installation of the storm water ' system to city
standards, and the H~A is responsible for maintenance of the storm waters stem. y
1. Minor Drainage Systein: The minor drainage system includes the entire storm
drainage collection systems within the streets, ditches atld charnels within the
gated cony.unity that collect surface drainage originating from within tlae spatial
boundaries of the gated community. The minor drainage system also includes all
drainage systems within the gated community that collect drainage frorrz offsite
areas up to -acres. Drainage easements for the Minor Drainage system shall be
consistent with the Development bode standards and design criteria, and shall be
F
dedicated on the final plat. The 1Vlinar Drainage ysten~ will be maintained b
th ~ ~ e H~A, and the C1ty of Denton has no obl~gat~vn far the ~nspectron or
.aintenar~ce of this system. physical connection points shall be established
between the Minor and iVlajar Drainage ysterrls as described herein, that will be
used to establish the physical limits for maintenance responsibilities.
~Vlajor Drainage system: The Major Drainage ysten~ provides for the
conveyance of storm water runoff through the gated community, originating frvn~
any area outside of the gated camn~unity greater than 3-acres, To provide far the
Mayor Drainage ysten~, green space or open space areas and flaodplin areas
shall be reserved far storm water detention, retention, or conveyance of drainage,
These areas shall be dedicated by simple deed as separate lots, with ownership to
be retained by the ~iDA. The entire lot yr a portion thereof shall be dedicated an
the final plat as a Drainage Easerrzent or as a Drainage and Detention Easement,
as appropriate,. The plat shall include dedication language stating that the
Drainage Easement, or Drainage and Detention Easement, will be reserved far
the conveyance of drainage or floodwaters, and shall remain open at all tunes and
maintained by the HDA in a safe and sanitary condition. The City will not be responsible for the maintenance anal operation of said lots or easements, or far
any damage to private property or person that results from conditions in the lots
ar easements, or far the control of erosion, No abstractions to the natural flaw of
storm water run-off shall be permitted by construction of an t e of buildin
y YP g~ fence or any other structure within the Drainage Easement ar Drainage and
Detention Easement, as herein above defined, unless approved by the City. The
HOA shall keep the Drainage Easement or Drainage and Detention Easement
clear and free of debris, silt, and ,any substance that would result in unsanit
~ cond~t~ans or obstruct the flow of water. Additionally, the City shall have the
right of ingress and egress to inspect and supervise maintenance b the H~A ar
y to optionally alleviate any undesirable conditions that may occur. Furthermore,
the City shall have the right, but not the obligation, to enter upon the lot or
drainage or drainage and detention easement to remove an obstruction tv the
y flaw of water, after giving the HD,A written notice of such obstruction, on
failure of the HOA to remove such obstruction. The City of Denton shall be
reimbursed by the HOA for reasonable costs far tabor, materials, and equipment
1n each S~C111nStanCe,
H, Homeowners Association Required
t, A homeowners association. {H~A} is required to be established. Documents
establishing the H~A must be submitted as part of the final plat application,
providing for the maintenance, repair andlor replacement obligations of the H~A
for private roads, alleys, gates, fences, street lighting, drainage items andlor other
like held facilities andlor common areas, their appurtenances andlor other
associated ancillary lterns and in~praveents, shall be incorporated into the final
plat.
a. The H~A rrlust provide far the power to file a lien, to foreclose, or to
otherwise secure payment frarn harr~eowners for the maintenance, repair
and replacement, in part or in whale, of all privately held camrnan areas,
~ncluding but not l~mrted to, drainage items, street lighting, and other
appurtenances nr associated ancillary items.
b. The Assaciat1an documents must be submitted to, reviewed by and
approved by the City Attorney prior to final plat approval.
c. The covenants and restrictions documents shall Indicate that the streets in
the s~bdivisian are private and are maintained by a homeowners
association, that they arc not public and that the City of Denton has na
obligation to n~a,rntaxn them.
The covenants and restrictions shall also state that the City of Denton has
na obligation to inspect the streets or drainage in the gated community.
d. The covenants and restrictions documents shall Indicate that the
subdivision final plat, property deeds and home aw~,er association
restrictive covenants that certain city services shall rat be provided on
private streets. Among the services that wall not be provided are: routine
police patrols, enforcement of traffic and parking ordinances and
preparation of accident reports, All private traff~e regulatory signs shall
conf arm to the ~'e~as ll~a~nua~ of Uniform Traffic Control Devices.
Depending an the characteristics of the pia aced develo went other p p
services may not be provided.
e. The covenants and restrictions shall also state that the City of Denton has
no obligation to inspect the streets in the gated community.
f. The home owners' association may not be dissolved, nor may deed
restrictions and covenants providing far mahatenance of coniman areas be
deleted or at~.ended, without the prior written consent of the City Council
of the City of Denton, by way of plat an~endent.
. The final plat and restrictive covenants shall contain Ian e whereb the
~g y arneowners' Association, as owner of various private irnprovernents
within a private street, lot or easement, agrees to release, Indemnify,
defend and hold harmless 'the City from claims and salts for property
damage or bodily injury ~ir~clud~ng death} arising franc the cond~tlon, use
or operation of any privately-owned streets ar facilities.
IY. Amendment to Chapter iJpdated definition of dated ~ommuni "dated .
community means a subdi~slon or horsing development with two or more
dwe~ins with private streets controlled thro~rh the use of a vehicular or pedestrian
gate.
III-Amendment to Chapter 35.20.2.P concerning connectivity is amended by adding
the following: 35.20.2.P.l.a. Where a Special Use Permit is approved by the City
Council for a gated community, then this section on connectivity does not apply.
IV. Amendment to Chapter 35.13.10.A.2 by adding the following: Where a special
use permit is approved by the city council for a gated community, then this section
on connectivity does not apply.
. .
or~dcnseYt'~ Ex i it 3
Page 25 Page 27
1 a quest~an by Mr. Ridenour concerning tl]c neighborhood 1 The next item is Item 4F, Amendments to
~ meeting requirement. This was a requirement that I ~ Subchapt€~r ~0 of the Inton De~~elopment Code concerning
3 believe all dle Planning Coin~nissioncrs felt v~y strongly 3 gated co]]vnunities. Mr, Lockley.
4 about and it is at this neighborhood meeting d]at I would 4 ~~t. LOCI{LEY: Yes, Mr. Chairman, members of
5 envision if there's any administrative adjustments ar any 5 the Planning Coim3~ission, This i5 also a Code Amendment
b requests that arc going to be made by the applicant would 6 that u~e'vc discussed at nulnerc~us work sessions ar~d I'm
7 be brought out in that public meeting, so that everyone is 7 pleased to present for you this evening tlYis draft or
8 aware of what types of adlninis~'atlve adjustments ]nay be 8 final draft of this Cade Amendment far provisions far tl7e
9 requested although a decision may not have been made at 9 allowance of gated communities. what tl]ls ordinance does
10 that neighborhood meeting, I tl]ink it would be appropriate l~ is it establishes provisions for gated communities and
11 for the de~~cloper to not only inform staff or just to 11 what the requirements will be if a developer chooses to
1 ~ inform staff again, but to also infartn the public as to 12 dcvFclap such a subdivision here in t1~e city,
13 any special requests that they're going to make in terms 1 ~ The Cade allows for gated eo13u3YUnitics to be
14 of any adninistrative adjustlncnts, but, again, it does 14 established with the following provisions. And tl]csc
15 have its own appeals process and I would welcome any 15 address or speak specifically to water and sewer, street
I ~ other, you knave, issues or any other concerns and I'd be 1 G lighting, electric facilities and lines, public safety and
l~ more than happy to meet with anyone actually to discuss 17 other access requircinents, solid waste requirements and
1$ how this ordinance would be ii~apleZnentcd at the staff ~ S drainage requirements, It also requires Homeowners
I9 level. So I just wanted to share that. Thank you. I9 Association. And d]ere's additional an3end113ents to thls
CoM~ISSIDNER STRANGE: her. Watkins. 2~ ordinance that will be forthcoming in the very near
21 Ca1~I~1rIiSSIONER ~v~,TKINS; Thank you, Mr. ~1 future. I would just like to point out in your hearing
2~ Chairman. Have you close the public l~caring? ~2 just cane of the requirements or stipulations. And this
~3 CD:~~MISSIDNER STF~.ANGE: Yes. was just an issue tl]at we've discussed ~t length and tl]is
CQ~IMISStQNIrR ~va1'I{INS: I would like to wove ~4 deals with the City's responsibilities as it relates to
approval of acs-o~-cots. r~d also like to say in moving ~5 repairs of public or of private streets and the e:~tcnd
Page ~6 Page 28
1 approval, we've been at this over a year and some of these I of that responsibility. And this basically speaks to the
~ things these folks have tallccd about have bee~z in there 2 fact that most of the public utilities wet and dry
3 but they're not in there no~v and I hear deem talk about 3 utilities will be located in ease7ncnts within Chase
4 yak Street and the yak Strut Neighborhood Association, 4 private streets. Arid if the City at any paint has to o
5 these don't apply. Ycu can't use tl]esetwo-acre tracts to ~ in and make repairs to thoS utilities in thc~ private
~ one of those places, or Bell Avenue or so Earth. I think 6 street, in repairing that street, the City will follow
probably, and I don't know how tI]e Council will receive customary practices in bac;kfilling and repaving repaired
g d]is, but it's time that we have whittled if you would, S sectio~~s of private streets after a utility repair
9 about as much as we can and I don't knave if this will ~ utilizing the least cost solution with na further
1~ encourage people to develop those Tats or not, Mr. 10 obligatiol~ of future maintenance for the repair and no
11 Chairman. I hope so. That's what we started nut to do 11 obligation to rebuild or repair pavelr~ents to ar]y pre-
12 aver a year ago. But with t13at, thank you. 1 ~ existing design or appearance if different frol~ the City's
13 ~Q;Irih~ISSIONER STR4NGE: appreciate that. eve 13 ordinary repair standards far public streets,
14 have a motion by Mr~ Watkins. Da we 1]ave a second? I~ Alternatively, the H~~ may elect to privately undertake
1 S caI~~Ilssror,~E~ TI~Gh~A; I have a second, but I S one or more aspects of the b~ckfilling in pavement repair
16 I would like to include d7c ai~nend~ncnts that ~ve`d earlier 16 and the city may participate in the funding of such
17 discussed. 17 private repairs, but only to the extent of any repair
18 CaM~[SSIONER sTRANG~: Mr. Watkins, if you 1 S costs avoided by such private repairs. And that was an
I9 could Include d7at in your motion. 19 issue that we had discussed and there was some concern
Ca~iMISIONER w~TI~INS; elease. P1e~se da. about haw much or what the level, I guess, of repair what
~l COMMISSIOItiER STRANGE: okay. So the nnotion 21 the City would be responsible far. l~'inally, I wanted to
22 is to approve tl]e document Witt] the changes that were made ~2 point out at the end of this section, which really brims
2~ fra~Tr d]e work Session and the new wording, and tl]e second ~3 all of these Standards together is the Hotr~eowners
2~ . reflects that same the same information. Any ~4 Association require]~nent, And what that basically does is
25 discussion? If not, please vote. The vote passes 6-~. ~5 establish a IIomcawners Association for really the
P~ANNIN ~NIN RAC' ~~~ERI'T, 4D, 4~, APR.~L ~4~7 Pale ~5 - Pale 2~
L~~
and~nseIt'~
Page Page 3 ~
I maintenance and continued maintenance of all of tlacsc 1 con~n~rsror~T~~ sT~A~TGE: okay, The second
2 facilities that would tlyen fall outside of the alrrr of 2 COMM[SIOtv'ETi 7~IrOn~t~s: Yes,
~ the City. And what that HOA would basically do or what ~ C4'N~IISIONER sTRAI~'GE: includes
4 that requircrt]ent stipulates is that tlae Hoa would have to 4 changes. Sa we lave a motion and a second to adopt tlac
5 be established and run in perpetuity with the gated ~ ordinance with tlac changes read into the record by Mr.
6 co~rzra1un~ty. It also establishes Borne of the covenants that 6 Drake. any discussion? Please, vote. Anr~ the vote
7 would be required for the gated community so it is going 7 passes ~-o. That`s tl~e final item on our Agenda tonight.
t~ addr~S5 Some of those concerns th~rt are xaised when a 8 Does anyone have any other Agenda items? Seeing none, we
9 gated conununity is established and there isn't the amount 9 will adjourn,
10 of ove~'sight, if you will, far tine facilities that arc 10
I 1 that then become private and are not solely the 11
l~ respDnSibility of tho City. Th~rt ~vi~l conclude my 1 ~
13 presentation, I will be happy to answer any questions 13
14 that you may have. And thank you. ~ 4
15 Co~IMis5rC3~Er~ ~TR~,IVGF: ~,e~al, 1 ~ 4
1 ~ h~R. aRAKE: Mr. Chainnar~, during the work 16
17 ~cssion, tlae Corrrlnission, we did discuss one possible text I7
1$ change that if it would assist the Commission I can read 1 S
I ~ into the record regardit7g t17e access points for gated 19
colx~uz~unitxes. This would be iza Exhibit 1, Page 1, Ite~u 2~
~1 3~,1~,Z1A-~. In the backup it reads, all gated ~1
~ 22 conurrunities must ha~~e and instead of a single point, one ~2
2~ or snore points and then reading on, of access t~ public ~3
24 stt`octs surrounding the development and an alternative
2S e~x~ergency access for emergency service vehicles. Tlae idea ~5
Page 3D Page 3~
1 of the change being not to prescribe in here specifically 1
Z how many points of access would necessarily need to be 2
3 provided because to a large extent, the Hire Code or other 3
~ standards rrYilat play a role in defining how many access 4
~ paints would be necessary. S
G Under the proposal, if allowed by other ~
? ordinances such as tl~e Fire Code, one point of access 7
S might suffice, but the proposed change would just clarify $
9 that it would not necessarily Hoed to be only one point of 9
14 access because a particular developer may desire to have to
~ 1 two points of access or three points of access or even 11
I ~ more depending upon tlac desires of their development, 1 ~
1 ~ ca~~n~rssro~TER sTRA~'GE: z~hank you. This is 13
I4 a public hearing and we will open the public hearing. vVe 14
I ~ have no cards ora this itc~n. Is there anyone here ~~ho does 15
16 wish to speak? If not, we will close tlac public hearing, 16
17 Do we have a motion on this item? 17
1 S CoM~rISSIO~ER ANDERSON: I' 11 move. 1 S
19 con~~~rssro~~~ STR4t~GE: move approval by 19
Mrs. Anderson. Do ~~e have a second?
~ 1 Co~Mrssror~r~~ TII~I~4AS. second. 21
C~:~I~~ISIO1~iER STR.AI~TGI:: 1~ve have a second by 2~
~3 Mr, Thomas. Any discussion? And again, I'm asstnning that 23
~4 the motion includes the in changes? 24
25 co~~rrs~ror~~x ~~raErtso:~: ves, 2~
P~ANN~T~ ~~NIN DRAFT F~RPT, 4D, 4R, APRIL ~S, X007 Page ~9 -Page ~
I
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Jim Coulter 349-7194
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the furnishing and installation of LED Traffic Signal
Lights from Durable Specialties, Inc. and providing an effective date (Requisition No. 80409) to
Durable Specialties, Inc. in the amount of $62,143.00.
FILE INFORMATION
This request is for authorization to complete a contract for services with Durable Specialties, Inc.
The services include the change out of traffic signals from incandescent bulbs to LED (Light
Emitting Diodes). See attached memorandum and invoice for details.
RECOMMENDATION
Approve the invoice from Durable Specialties, Inc. in the amount of $62,143.00.
PRINCIPAL PLACE OF BUSINESS
Durable Specialties, Inc.
Duncanville, TX
ESTIMATED SCHEDULE OF PROJECT
This proj ect was completed on January 19, 2007.
FISCAL INFORMATION
This contract will be paid from account 972007001.1355.10100 and reimbursed 100% by the
Texas Department of Transportation.
Agenda Information Sheet
May 1, 2007
Page 2
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Memorandum from Traffic Control
Attachment 2: Invoice from Durable Specialties, Inc.
1-AIS-File 3778
Aacnent ~
of
T~► 80 ~ Texas Street, De~tan} T ~9~4D} X49-84~~ ~a~ ~94~} 34~-747
Y'
~'hr~:.~im outer
Date:
~b'ect: rblc ~ec~a~ties Req~i~ition
a letter last ear from the Texas Department of Transportation ~TXDat} IJVe receNVed Y
he had set fundin aside to change out the corridor traffic signals ~n stating that t y
incandescent bulbs to LED ~t,ight Emitting Diodes}, This offcial T~CDot Dentan f ram H .
` i led "U rade to LED i nal Lamps on controlled Access Fao~lit~es ~s not prv~ect entt pg 9
i of Denton buts ans thraughaut Texas on the entire I- corr~dar. l Ignited to the ty p
TXDot vuht the re aired from us to receive their funding and they told rye had asked Y q
eded us to invoice there once the project was complete. To set up this that they just ne
ailed TDat and asked there if they v~ould also additionally approve the project, I em
u rade of our edestrian crossing signal housings, pedestrian signal insets to pg ~ above
ntdovun LSD s and a contractor to install ail the items, Teat agreed to the cou ~ , nt out a re asst far cotes to established contractors that had good.
items and I se ~ ~
rd of ~vorkin on ast pity of Dentar~ traffic signal projects. These quotes were track reca g p their a royal and ~rer iven an ok to proceed at the lar~uest
cast. The
sent tv T~Dot for pp g uva submitted ~ Durable Specialties, ln. in the amount of ~~,~4~.aa.
lov~est pace Y r rice uoted eras 81,44.4, a difference of ~ B,G~~.4. Durable
The next h~ghe p q . . , carp leted this roFect on ~anua~y aa~. I then ~nvo~ced T~Dot for Specialties, Inc p p ~ .
nd tMe informed me that nouv they avers going to require us to pay the the project a y
first before the could release theirfunding to us for reimbursement. l then contractor y
ur Account~n De artment and acquired a reirnburse~nent account for tf~~s called o 9 P
r receivin the near ro~ect account number, ! authar~zed a requi~tNOn to be pra~ect. ~fte g R ~
ecialtles Inc. for a menti This project gas the last in series of entered to Durable p p
cts that converted the pity of Denton's signalised intersections to the more energy probe
indications. Uve are nay requesting authori~at~on to issue a purchase efficient LED
order and to a Durable Specialties, lnc. far services performed. pY
I
f
4 V..+ ~ ~
D C ~ FLU ~N~ ~t~+~ ~ ri
11 ~ ~ ~ ~1 ~ r ~ ~ ~ i~ r
1
~ wo a~oovao~o ~.~oa~ooo~
q~ ~~aioi~r~~~a~' r r r r ~ ~ ~ ~ ~ ~ r ~ r
I ~ ~ ~a . ~ ~
, ~ a
~ ~ ~~vva~v ~°v ~ c~~rn~
U ] ~~iN r~~ ~ ~ . ~ ~
~ ~~c~oao~oa ~ ~ ~,a~~~~~~
~I LL ~ r r ~ ~ 4~ ~
K ~ ❑ c~ ~D ~
~ Utz 0~~~~~o~ ~ o i ~ ~
~ ~
~
~ ~ ~
~ ~ ~ W
C'~ ~ - - - ~ ~ ~ ~ w
~ ~~k ~t~c~~ooo~ L~iAW (L w ~~oov,~r~c~~ j ~ ~ ~~~vc~tcwu~cQ~a ~ ~7 ~ ~ ~ Q ~ a [p ~ ~ ~ GCr ~ ~ W ,..Z
~ ~ ~ ~ ~ ~
v
Q ~as~n~~~ u~ -r ~ r r ~ ~ r' r r ~
4 ~ ~ F#
~ ~
~ ~p U ~
~ ~ ~ ~ ~ _ ~ ~
• . r J Q
~ ~~a~~~ ~ m
~ ~~~~W~~.
~ ~ ❑~W,~U.l~p- ry~ ~
J~_1JJ_..1~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z ~ ~ e~ ~ QO a3 a~ a~ K ~f
~~Q~~~~~
c~~~ o~~~~~~~ ~
° ~ w
w ~
~ ~
'cl LOCL- i~E-Qi~6 lauquoo oijjeul eEI:II LO ao -idu
s:l0ur Docu~nentsl~r~~nan~~slD7lDura~~e p~cialti~s ardin~nce.doc
AN ~DYNAN~E ~F THE ~IT~ ~F DENT~~, TEA FR~'IDINC~ FAR,
A~TH~I~~~N~x, AND A~FI~D~"~N THE EFENDITUftE FIENDS F~~ THE
FIJ~NIHIN AND INSTALLA.TI~N DF LED TAFFI I~xNAL LIGHT F~~1~
DI~~A~LE FEIALTIE, IN~ AND F~~~IDINr AN EFFETIE DATE
~RE~I~IITI~N 8~40~ T~ D~URA~LE pE~IALTIE, IN~ THE A.NI~[~NT
~F ~~,143.0~
WHEREAS; the replacerrient of tra~flC slgm~l llghts ut~l~zing lncandesCent light
technolag~ with those utilizing LED technolog~r re~u.~ts in cost savings deri~red from
longer l~~e a~ld reduced ConSlllnptlon of e~eCtrlCal e~aerg~; and
wHEREA, in order to con~pl~ with a request by~ tho Teas Department of
Transportation for the rep~acem.ent of certain traffic signal sights in the its of Denton;
and
wHER~AS, Yt~ of Denton staff, in order to comply with such request, its staff
engaged the ser~rices of Durable specialties, Inc to furnish and install LED traffic signal
lights within the City; and
WHEREAS, Durable peeilties, Inc. has finished and installed LED traf ~~c
na1 lights within the City a requested incurring costs in the amount of $6~, ~ ~ .a4 and
has submitted an in~aice to the its requesting payment far said amount; and
wHEREA the Cit council deems it to be in the public interest to realize the
sa~rings to be derived from the installation and operation of LED traffic signal lights
within the Cif' and further deems it to be in the public interest to authorize pa~rr~ent of
the said invoice submitted by Durable Spec~lttes, inc.; NQ THEI~EFI~E,
THE ~I~NCIL ~F THE CITE ~F DENTDN HERE~~ D~DAT~:
ECTI~N~ I. That the following purchase of ser~rices, as described in the
u1slt10n No~" listed below, and an f~1e rn the office of the C~t~r's ~uxchsing Agent, i
hereby authorized and approved:
RE~C~IITICI~_N~_ ~TEND~R Al1~~I~NT
8~4a9 DDR.ABLE 6~,14~.0~
FE~I.LTIE,
I1~C.
~TIQ~ That the acceptance and appra~al of the above item hale not
constitute a contract between the City and Durable Specialties, Inc.
S;1aur Docur~enfsl~rdinancesla'~I~ura~le ~pe~ialties ~rdina~c~,d~c
~~Tr~N 3. T~~ the 1 tanager 1s hereby a~thor1~ed execute an~r
contracts, pucha~e order a~ othex rebated docurrlent relating to the stern specified in
ec~ian ~ .hereof, and the e~~enditure of funds pursuant ~o said contracts or written
order, are hereby aut~ori~ed.
E'~~~N 4. Thai Requisition h~o. 80~4~~ is hereby ra~if~ed and retroacti~re~~
appro~red, and sha11 ~e effective frame. and after January ~ 9, ~~a~.
~~'~~N ~ ~ What this ordinance haii become effective inamediatel~ upon its
passage and approval.
pA~D A~~ A~PR~~'~] this the dad of
2a07.
AER~ .1VIcNZL, MAYS
A~'T'~~:
tV lV ~F~~ ~i ~3~iV~ 1 ~il~
_ .
tip Y ~~I.
~~11V ~ ~71V ~ 1 ~ ~ J..~ ~i~1V
AGENDA INFORMATION SHEET
AGENDA DATE: May 1, 2007
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
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.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:1Agenda ItemslBoard-Commission vacancies.doc